Feds to Induct Gay Rights Pioneer Frank Kameny Into Labor Hall Of Honor

Via press release from the US Department of Labor:

Frank Kameny, who for decades fought to end discrimination in the federal workplace, will be honored by the U.S. Department of Labor in June with an induction to its Hall of Honor. Kameny's legacy as a civil rights leader has made a monumental difference in improving the lives of all workers all across America. A World War II veteran and Harvard-educated doctor of astronomy with the U.S. Army Map Service, Kameny was discharged and barred from federal government employment in 1958 after U.S. Civil Service Commission investigators asked if he was a homosexual.

Kameny fought the injustice, eventually taking his case to the U.S. Supreme Court, which denied his petition in 1961. The setback led him to become a co-founder of the first gay rights organization in Washington, D.C., and began his tireless fight to force the nation's largest employer — the federal government — to end discrimination in its employment practices based on sexual orientation. "Frank Kameny was a groundbreaking leader in the LGBT civil rights movement. He fought tirelessly to live out his truth and to end workplace discrimination," said Secretary of Labor Thomas E. Perez. "At the Department of Labor we work every day to carry on his legacy and ensure that all workers, no matter who they are or who they love, have equal access to opportunity."

Kameny died at age 86 in 2011. Earlier Hall Of Honor inductees include Ted Kennedy, Bayard Rustin, Mary Harris "Mother" Jones, and the 9/11 Rescue Workers. Kameny's ceremony will take place on June 23rd and the Labor Department suggests the Twitter hashtag #ThankFrank. (Tipped by JMG reader Jeremy)

Obama's Executive Order On LGBT Workplace Discrimination Goes Into Effect

From the blog of the Labor Department Secretary Tom Perez:

Today, President Obama’s Executive Order on LGBT Workplace Discrimination goes into effect. It prohibits federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity. Because of this Executive Order, lesbian, gay, bisexual and transgender people employed by federal contractors across the country will now receive new legal protections designed to ensure they are judged by the quality of their work, not who they are or whom they love.

As I said when the executive order was announced, this is a civil rights victory consistent with our founding principles. It will mean a more dynamic and inclusive workforce that captures the talents of more of our people. It advances the principle that we should be leaving no one on the sidelines, that America is strongest when it fields a full team.

Each year, federal contractors and subcontractors receive billions of taxpayer dollars to supply goods, provide services and perform construction work for government agencies. In return, they are held to a reasonable standard that they may not discriminate in hiring, firing, pay, promotion and other employment practices. Until today, it was discrimination based on sex, race, color, religion, national origin, disability and status as a protected veteran that was prohibited. Now, in the first expansion since 1974, LGBT Americans enjoy these same protections.

Read the full announcement.

Federal Court Blocks Medical Leave For Married Gay Couples In Four States

Last night a federal judge issued a preliminary injunction against a recently-issued Labor Department policy that grants family medical leave benefits to married same-sex couples in states that forbid same-sex marriage. Chris Johnson reports at the Washington Blade:

In a 24-page decision, U.S. District Judge Reed O’Connor, an appointee of George W. Bush, issued the preliminary injunction based on the threat of irreparable harm to Texas, which filed the lawsuit against the regulation. “The Court finds that Plaintiffs have demonstrated that irreparable injury would occur,” O’Connor writes. “For example, the Final Rule would require Texas agencies to recognize out-of-state same-sex unions as marriages in violation of Texas Family Code § 6.204(c)(2), which expressly prohibits state agencies from ‘giving effect to a . . . right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.’…Defendants’ argument that the Final Rule only affects the states in their capacity as employers does not take into account the clear and expansive language of the text. Accordingly, Plaintiffs have met their burden under this factor.”

The suit was filed last week by Texas AG Ken Paxton and was followed by thrilled press releases from anti-gay hate groups. Yesterday Louisiana AG Buddy Caldwell announced that he had joined the suit. Read the ruling.

Bishops Have The Executive Order Sadz

Via press release:

The regulations published on December 3 by the U.S. Department of Labor implement the objectionable Executive Order that President Obama issued in July to address what the Administration has described as “sexual orientation” and “gender identity” discrimination in employment by federal contractors. We will study the regulations carefully, but we note the following initially.

Our Church teaches that “[e]very sign of unjust discrimination” against those who experience same-sex attraction “should be avoided” (Catechism of the Catholic Church, CCC 2358)—but it appears on an initial reading that these regulations would prohibit far more than that “unjust discrimination.”

In particular, they appear also to prohibit employers’ religious and moral disapproval of same-sex sexual conduct, which creates a serious threat to freedom of conscience and religious liberty, because “[u]nder no circumstances” may Catholics approve of such conduct (CCC 2357). Very many other people over a broad spectrum of different religious faiths hold this same conviction.

Additionally, the regulations advance the false ideology of “gender identity,” which ignores biological reality and harms the privacy and associational rights of both contractors and their employees. In justice, the Administration should not exclude contractors from federal contracting simply because they have religious or moral convictions about human sexuality and sexual conduct that differ from the views of the current governmental authorities.

Barber: It's Unconstitutional To Prevent Discrimination Against LGBT Americans

"This is unconstitutional and just as he did with executive amnesty, this administration has pushed forward where he cannot get his radical legislation passed. This President is going to effectively insert that thereby discriminating against Bible-believing Christian organizations, who recognize biblical sexual morality and live out their faith in their everyday life, including in the workplace. This President has said, No, we are going to discriminate against you, Christian federal contractors, to the detriment of both your religious liberties and so forth." - Hate group leader Matt Barber, speaking to the AFA's OneNewsNow.

House Republicans Attempt To Stall Executive Order On Federal Contractors

Earlier this week the Department of Labor issued its final rule on the implementation of President Obama's executive order banning federal contractors from discriminating against LGBT employees. House Republicans are now trying to stall the order's enactment. Chris Geidner reports at Buzzfeed:

House Education and Workforce Committee Chair John Kline, a Republican from Minnesota, and Rep. Tim Walberg, the Republican chair of the Subcommittee on Workforce Protections, made the request for a 60-day public comment period for the rule in a letter to the head of the office responsible for enforcing it. “[W]e understand the public was not afforded an opportunity to submit comments as provided under the Administrative Procedures Act (APA),” Kline and Walberg wrote to Office of Federal Contract Compliance Programs Director Patricia Shiu. “Public comment is essential to all rulemakings.” After laying out their argument, they write, “We therefore urge OFCCP to withdraw its final regulation submitted to [Office of Management and Budget] … so the process for implementing [Obama’s executive order] can be done with the transparency and public participation typically afforded under the APA.” They ask for a response from Shiu “no later than December 17, 2014.”

The Labor Department is reviewing the letter.

Labor Department Issues Final Rule On LGBT Anti-Discrimination Measures

Via press release:

A new rule prohibiting discrimination on the bases of sexual orientation and gender identity in the federal contracting workforce is being announced today by the U.S. Department of Labor. The rule implements Executive Order 13672, which was signed by President Obama on July 21.

"Americans believe in fairness and opportunity. No one should live in fear of being fired or passed over or discriminated against at work simply because of who they are or who they love," said U.S. Secretary of Labor Thomas E. Perez. "Laws prohibiting workplace discrimination on the bases of sexual orientation and gender identity are long overdue, and we're taking a big step forward today to fix that."

EO 13672 tasked the department with updating the rules implementing EO 11246 to add gender identity and sexual orientation to the classes it protects. While 18 states, the District of Columbia and many businesses, large and small, already offer workplace protections to lesbian, gay, bisexual and transgender employees, July's executive order was the first federal action to ensure LGBT workplace equality in the private sector.

The press release notes that today's action becomes effective 120 days after being formally entered into the Federal Register and will apply to all "new and modified" civilian contracts with the federal government from that date forward.

Department Of Labor Vows To Enforce Transgender Anti-Discrimination Rules

From Patricia Shiu, director of the Office Of Federal Contract Compliance Programs:

The federal government holds contracts with about 200,000 establishments, and these contractors and subcontractors play an important role in making our country work. They provide food, clothing, energy, transportation, medical treatment and thousands of essential services all around the country. As the director of the Office of Federal Contract Compliance Programs, I oversee the agency that enforces laws that prohibit these employers from discriminating in employment on the basis of race, color, religion, national origin, disability, status as a protected veteran or sex.

Today, we issued guidance clarifying that sex discrimination extends to gender identity and transgender status. This follows an announcement Secretary Perez made in June that the department is updating enforcement protocols and anti-discrimination guidance to clarify that we provide the full protection of the federal non-discrimination laws that we enforce to transgender individuals. And it follows President Obama's signing of Executive Order 13672 adding sexual orientation and gender identity as independent categories protected by Executive Order 11246, which OFCCP enforces.

So what does this mean? It means honoring our commitment to upholding equality in America's workforce. Being entrusted with taxpayer dollars is a privilege, and with that privilege comes a promise to open doors to all of America's workers. I believe that success for OFCCP and for federal contractors isn't simply about compliance. It's about creating a workplace culture that actively embraces diversity. Inclusiveness isn't just good for workers; it's smart for business. When employees can work without fear, when they can comfortably bring their whole selves to the job, companies benefit from the diverse perspectives and enthusiasm those workers bring to the job.

The image above illustrates Shiu's press release.

Labor Secretary Tom Perez Cheers DOMA Anniversary, Promises Further Reforms

Via press release from Secretary of Labor Tom Perez:

It was a year ago today, June 26, that the Supreme Court issued its decision in U.S. vs. Windsor repealing the Defense of Marriage Act (known as DOMA). Since then, President Obama has instructed all Cabinet members to review relevant federal statutes and regulations to ensure full implementation of Windsor, and we have responded accordingly. Covered retirement and health employee benefit plans now have to extend otherwise eligible same-sex spouses the same protections as opposite-sex spouses. And we've updated our Family and Medical Leave Act guidance materials to remove all references to DOMA provisions that denied federal benefits to legally married, same-sex couples.

The FMLA, enacted in 1993, allows eligible employees of covered employers to take unpaid leave for specified family and medical reasons — for example, caring for a spouse who has a serious health condition — without the fear of losing your job. But currently, the FMLA's regulatory definition of "spouse" only applies to same-sex spouses if they are living in a state that recognizes same-sex marriage. So last week we issued a Notice of Proposed Rulemaking that would change the definition so that FMLA protections would be based on the law of where the marriage took place. We welcome and encourage public comments on the proposed rule, which can be submitted through written comments.

Hit the link and weigh in. You know the haters will be doing it.

REPORT: Openly Gay CA Assembly Speaker John Perez Up For Secretary Of Labor

According to the Los Angeles Daily News, openly gay California Assembly Speaker John Perez is on the short list to replace Hilda Solis, who resigned as Secretary of Labor last month. If chosen and approved, Perez would become the first-ever gay member of a presidential cabinet.  Typical for these situations, Perez is being cagey about his prospects.

"Look, I'm always flattered if somebody thinks my work is worthy of other consideration, but I'm focused on being speaker for these next two years," he told The Bee. "And continuing to build back our economy, and continuing to build on the fiscal discipline that we've created here in California. And getting people back to work." There'd be a decidedly ironic element to such an appointment. Perez's cousin, Los Angeles Mayor Antonio Villaraigosa, who'll also be termed out later this year, also has been casting around for another office to keep his up-and-down political career going.

Villaraigosa, who is personally close to Obama, had reportedly been seeking a Cabinet position himself, such as secretary of transportation. But that's not happening, for whatever reason - perhaps because he got himself photographed palling with Hollywood bad boy Charlie Sheen at the latter's opening of a new bar in Cabo San Lucas. It was not Villaraigosa's first foray into tabloid notoriety. The mayor is now publicly boosting Perez for the Cabinet. "I heard my cousin by the way is on the list and I'm glad he is. I've said to a number of people he would make a great secretary of labor," Villaraigosa said in an online chat, adding, "I wish him luck."

Perez will be term-limited out of the Assembly in 2014.