OFCCP Publishes Sexual Orientation and Gender Identity Discrimination Fact Sheet

Detroit SHRM


By: Karen L. Piper


To publicize the rights of applicants and employees of federal contractors and subcontractors to work in an environment free of discrimination based on sexual orientation and gender identity, the Office of Federal Contract Compliance (OFCCP) has issued a new Worker Fact Sheet.  The Fact Sheet can be downloaded from http://www.dol.gov/ofccp/regs/compliance/factsheets/.

The Fact Sheet states employees are entitled to be free from harassment, demotion, termination, lesser wages, and less favorable treatment because of sexual orientation and gender identity.  Specifically, a federal contractor cannot:

  • Ask employees or job applicants for any information or identification that they do not ask for from all other employees or job applicants, including medical information related to their gender identity;
  • Refuse employees and job applicants the ability to use restrooms consistent with their gender identity;
  • Harass employees and job applicants because of their sexual orientation or gender identity;
  • Deny lawfully married same-sex spouses the same benefits they provide to opposite-sex spouses; or
  • Deny same-sex partners in civil unions or domestic partnerships the same benefits they provide to heterosexual partners in such relationships.

The Fact Sheet also provides information on how to file a complaint with the OFCCP or EEOC.

If you have questions about whether your organization is a federal contractor or subcontractor, contact the author or other experienced employment counsel.

This article was written by Karen L. Piper, who is Secretary of the Board of Detroit SHRM, a member of its Legal Affairs Committee, and a Member of the law firm of Bodman PLC, located in its Troy MI office. She can be reached at (248) 743-6025 or kpiper@bodmanlaw.com.

Detroit SHRM encourages members to share these articles with others, inside and outside their organization, as long as its name and logo, and the author’s information, is included in the re-post of the article. August 2015.