US DOL Guidance on Gender Identity Discrimination in Federal Work

The US Department of Labor (DOL) is expected to soon issue formal guidance to make it clear that employment discrimination based on transgender (gender identity) status is prohibited.  Two years ago, the Equal Employment Opportunity Commission decided in Mary v. Holder that “sex discrimination”, which is prohibited under federal law, includes discrimination against transgender individuals.

The impact the Holder decision might have for transgender employees in federal climates has been less than clear.  Federal law does not make the protection of transgender status explicit and case law has been inconsistent.  Consequently, US Secretary of Labor Perez recently made the announcement that the DOL is updating enforcement protocols and anti-discrimination guidance to clarify that the DOL provides the full protection of the federal non-discrimination laws to transgender individuals.

The DOL’s announcement coincides with a recent statement from President Obama that he intends to sign two executive orders protecting employees from discrimination in the federal sector.  The first will prohibit federal contractors from discrimination on the basis of sexual orientation and gender identity.  The second will protect transgender federal employees from discrimination.

These changes may not affect your All-On-One labor law poster, but covered employers should review policies and practices and the DOL guidance when it becomes available to ensure employees and applicants are treated fairly.

1 Comment

  1. I would to ask some question’s about Discrimination I work for a mail contractor and have been with them for almost 15 years now and I am not paid the fringe benefits I been hurt before on the truck and they did not even pay the er room but every time I ask about the fringe benefits they get mad they do a 1099 on and my son but we are just drivers not contractor I even told her once that the pay scale was $ 23.16 a hour but she said would check in to it so a few days later she called me and she over paying us so she is paying $20 a hour I know that they are so wrong here
    but the way job’s are what can we do she has three enployee’s she is not doing us right at all she don’t even pay unployment ins there is a lot that I need to say but I don’t want to cost me or my son his job when they hired my son to work they wanted to pay me and let me pay him I said no but now there are two more contractor doing the same thing they are doing what can I do to make them pay us right I wish that some one would take there route thanks now this a us mail contractor that is doing this


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