The first US rules prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity took effect earlier this week.
The Equal Employment Opportunity Commission has previously taken the position that employees and applicants in the groups were protected under Title VII, though the federal law does not overtly say so, said Connie Bertram, a partner at Proskauer Rose, in a statement.
The regulations issued by the Office of Federal Contract Compliance Programs apply to any federal contractor, subcontractor, or government-funded construction contractor that enters into or renews a federal contract or contracts valued at $10,000 or more per year.
The OFCCP clarified that any complaints alleging sexual orientation or gender identity discrimination are considered “dual-filed” with the EEOC, Bertram said. This means the OFCCP will stand in the shoes of the EEOC when investigating the Title VII component of the complaint.
In a webinar, the OFCCP also said religiously affiliated federal contractors will be required to comply with the new protections, Bertram said. Even those contractors who have been granted certain religious exemptions under Executive Order 11246 may not discriminate based upon sexual orientation or gender identity under the rules.
The OFCCP also explained that employers must allow employees to use restrooms based upon their gender identity and provide the same benefits to same-sex spouses as to non-same-sex spouses, she wrote.
