U.S. Federal Government Employment Policies
As of May 2009, the federal government, excluding the Postal Service, is the nation's largest employer with more than 1.8 million civilian employees.
This page does not address military employment. Employees of the military are subject to "Don't Ask, Don't Tell."
Discrimination
Federal civil service law bars discrimination based on "conduct which does not adversely affect the performance of the employee or applicant or the performance of others." Since the Reagan administration of the 1980s, this statute has been interpreted by the Office of Personnel Management and the Department of Justice to bar discrimination based on sexual orientation against civilian employees in much of the executive branch.
In 1998, President Clinton issued Executive Order 13087, reinforcing this commitment to non-discrimination in the federal workforce. No protections are explicitly afforded based on gender identity.
It is the policy of the government of the United States to provide equal opportunity in federal employment for all persons to prohibit discrimination in employment because of race, color, religion, sex, national origin, handicap, age or sexual orientation through a continuing affirmative program in each executive department and agency. This policy of equal employment opportunity applies to and must be an integral part of every aspect of personnel policy and practice in the employment, development, advancement and treatment of civilian employees of the federal government, to the extent permitted by law.
— Section 1, Executive Order 11478 (1969), as amended by Executive Order 13087
In addition, the Obama-Biden Administration has adopted an equal employment opportunity policy that includes both sexual orientation and gender identity.
The Obama-Biden Administration does not discriminate on the basis of race, color, religion, sex, age, national origin, veteran status, sexual orientation, gender identity, disability, or any other basis of discrimination prohibited by law.
— White House Jobs Site [whitehouse.gov]
Enforcement of Executive Order
Controversy ignited in 2004 when Scott Bloch, head of the Office of Special Counsel — the agency charged with prosecuting claims under the civil service statute described above — removed all references to the OSC's jurisdiction over sexual orientation discrimination complaints. Despite repudiation by the White House, Bloch claimed as recently as March 2005 that he lacked the authority to prosecute at least some claims of discrimination against gay, lesbian and bisexual federal employees. It remains unclear whether the OSC is fully investigating and prosecuting claims of discrimination based on sexual orientation in the federal government.
Nonetheless, federal civil service offices do appear to follow the executive order, with some holding events in June in honor of gay, lesbian, bisexual and transgender pride month.
In June 2009, President Obama issued a "Memorandum on Federal Benefits and Non-Discrimination," which is expected to provide some level of guidance prohibiting discrimination based on gender identity.
"Sec. 3. Promoting Compliance with Existing Law Requiring Federal Workplaces to be Free of Discrimination Based on Non-Merit Factors. The Office of Personnel Management shall issue guidance within 90 days to all executive departments and agencies regarding compliance with, and implementation of, the civil service laws, rules, and regulations, including 5 U.S.C. 2302(b)(10), which make it unlawful to discriminate against Federal employees or applicants for Federal employment on the basis of factors not related to job performance."
As of Sept. 2009, it was reported that the Office of Special Counsel was once again accepting allegations of discrimination based on sexual orientation for investigation and possible enforcement.
- Memorandum on Federal Benefits and Non-Discrimination June 17, 2009 [whitehouse.gov]
- Office of Special Counsel Reportedly Enforcing Executive Order on Sexual Orientation Sept. 25, 2009 [hrcbackstory.org]
- Addressing Sexual Orientation Discrimination in Federal Civilian Employment [opm.gov]
Domestic Partner Benefits
Recognition of same-sex domestic partners of federal employees is inconsistent between varying offices of the federal government, and generally falls far short of similar benefits programs provided by private sector U.S. employers, particularly around hard benefits such as health insurance coverage.
In April 2007, The Washington Post reported that the "State Department acknowledges its gay employees, allows their partners to live in official residences overseas, helps them obtain foreign residence visas and has sent out a cable to missions encouraging U.S. ambassadors to include diplomats' partners in social and official functions." It also "recognizes and meets with the group Gays and Lesbians in Foreign Affairs Agencies, which represents about 300 employees." But same-sex partners of diplomats are barred from State Department spousal benefits, from health insurance and language training to employment opportunities at diplomatic posts, due to federal restrictions from the Defense of Marriage Act of 1996.
In June 2009, President Obama issued a "Memorandum on Federal Benefits and Non-Discrimination." Generally, this memorandum paves the way for the federal government to provide limited benefits (i.e., not including health insurance) to domestic partners of federal employees:
"Sec. 1. Extension of Identified Benefits. The Secretary of State and the Director of the Office of Personnel Management shall, in consultation with the Department of Justice, extend the benefits they have respectively identified to qualified same-sex domestic partners of Federal employees where doing so can be achieved and is consistent with Federal law.
"Sec. 2. Review of Governmentwide Benefits. The heads of all other executive departments and agencies, in consultation with the Office of Personnel Management, shall conduct a review of the benefits provided by their respective departments and agencies to determine what authority they have to extend such benefits to same-sex domestic partners of Federal employees. The results of this review shall be reported within 90 days to the Director of the Office of Personnel Management, who, in consultation with the Department of Justice, shall recommend to me any additional measures that can be taken, consistent with existing law, to provide benefits to the same-sex domestic partners of Federal Government employees."
- Memorandum on Federal Benefits and Non-Discrimination June 17, 2009 [whitehouse.gov]
- OPM Publishes Regulations to Expand Partner Benefits Sept. 15, 2009 [hrcbackstory.org]
- Domestic Partnership Benefits and Obligations Act
Resource Groups
Although similar protections do not extend to the legislative or judicial branches of the federal government, organizations also exist to support those LGBT employees. Federal GLOBE is a nonprofit organization for LGBT federal employees that includes board members from departments such as the State Department, the U.S. Department of Agriculture, the U.S. Department of Labor, the U.S. Department of Transportation and the General Accounting Office. Organizations also exist to support GLBT congressional staffers.
