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.

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.

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