On December 9, 2014, the Office of Federal Contract Compliance Programs published its Final Rule implementing Executive Order 13672, which extended protection against workplace discrimination to lesbian, gay, bisexual and transgender employees of federal contractors and the federal government. The Final Rule, which is available here, adds "sexual orientation" and "gender identity” to the regulations that already prohibit discrimination based on race, color, religion, sex or national origin.

As discussed in our prior update about Executive Order 13672, it applies to employers who participate in federal contracts and subcontracts with more than $10,000 in business annually. Such contractors will be required to include “gender identity” and “sexual orientation” in their Equal Employment Opportunity clause and in job solicitations. They will not, however, be required to set placement goals or collect and analyze data on the bases of gender identity or sexual orientation. While the Final Rule does not define the terms “gender identity” and “sexual orientation,” the OFCCP has stated that it uses “the same definitions used by the Equal Employment Opportunity Commission and developed under Title VII case law.” The Final Rule is effective on April 8, 2015.

Before the effective date, the OFCCP will publish compliance assistance materials, host webinars, and conduct workshops for contractors and other stakeholders. It is important for federal contractors and sub-contractors to update their internal policies, notifications, and affirmative action plans to ensure compliance. In addition, subject employers are advised to provide training and guidance to managers concerning their obligations under the revised rule.

Should you need further guidance, please contact Nadege Souvenir (612-492-6273) or any other Dorsey attorney.