Monday, July 21, 2014

President Obama Signs Executive Order on LGBT Workplace Discrimination


Following through on promises made last week and request from LGBT groups long before that, President Barack Obama signed an executive order that bars federal contractors from discrimination against employees based on their sexual orientation or gender identity.  Of equal significance is the fact that the executive order does not contain a religious exemption.  That's right, no special rights for Christofascists.  As will be noted in additional blogs posts, the Christofascists are beyond livid.  Obama has had the audacity to reject their demands for special rights to discriminate at will.  Here are highlights from the President's comments prior to the signing of the executive order:
Many of you have worked for a long time to see this day coming. You organized, you spoke up, you signed petitions, you sent letters -- I know because I got a lot of them. (Laughter.) And now, thanks to your passionate advocacy and the irrefutable rightness of your cause, our government -- government of the people, by the people, and for the people -- will become just a little bit fairer.

It doesn't make much sense, but today in America, millions of our fellow citizens wake up and go to work with the awareness that they could lose their job, not because of anything they do or fail to do, but because of who they are -- lesbian, gay, bisexual, transgender.  And that's wrong. We're here to do what we can to make it right -- to bend that arc of justice just a little bit in a better direction.

In a few moments, I will sign an executive order that does two things. First, the federal government already prohibits employment discrimination on the basis of sexual orientation. Once I sign this order, the same will be explicitly true for gender identity. (Applause.)

And second, we're going to prohibit all companies that receive a contract from the federal government from discriminating against their LGBT employees. (Applause.) America's federal contracts should not subsidize discrimination against the American people.

Now, this executive order is part of a long bipartisan tradition. President Roosevelt signed an order prohibiting racial discrimination in the national defense industry. President Eisenhower strengthened it. President Johnson expanded it. Today, I'm going to expand it again.

Currently, 18 states have already banned workplace discrimination based on sexual orientation and gender identity. And over 200 cities and localities have done the same. Governor Terry McAuliffe is here; his first act as governor was to prohibit discrimination against LGBT employees of the Commonwealth of Virginia. (Applause.) Where did Terry go?  Right back here.

Equality in the workplace is not only the right thing to do, it turns out to be good business. That's why a majority of Fortune 500 companies already have nondiscrimination policies in place. It is not just about doing the right thing -- it's also about attracting and retaining the best talent. And there are several business leaders who are here today who will attest to that.

And yet, despite all that, in too many states and in too many workplaces, simply being gay, lesbian, bisexual or transgender can still be a fireable offense. There are people here today who've lost their jobs for that reason. This is not speculative, this is not a matter of political correctness -- people lose their jobs as a consequence of this. Their livelihoods are threatened, their families are threatened. In fact, more states now allow same-sex marriage than prohibit discrimination against LGBT workers. So I firmly believe that it's time to address this injustice for every American.

While the executive order would not have saved me from being fired from a law firm for being gay, it will send a strong message to  members of the business community who will now see federal contractors hiring based on who is the best and brightest, not on the basis of outmoded religious beliefs and outright bigotry.  Here are some excerpts from the Executive Order itself:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 121, and in order to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity, it is hereby ordered as follows: 
Section 1. Amending Executive Order 11478. The first sentence of section 1 of Executive Order 11478 of August 8, 1969, as amended, is revised by substituting "sexual orientation, gender identity" for "sexual orientation".  

Sec. 2. Amending Executive Order 11246. Executive Order 11246 of September 24, 1965, as amended, is hereby further amended as follows: 
(a) The first sentence of numbered paragraph (1) of section 202 is revised by substituting "sex, sexual orientation, gender identity, or national origin" for "sex, or national origin"
(b) The second sentence of numbered paragraph (1) of section 202 is revised by substituting "sex, sexual orientation, gender identity, or national origin" for "sex or national origin". 
(c) Numbered paragraph (2) of section 202 is revised by substituting "sex, sexual orientation, gender identity, or national origin" for "sex or national origin". 
(d) Paragraph (d) of section 203 is revised by substituting "sex, sexual orientation, gender identity, or national origin" for "sex or national origin".
Sec. 5. Effective Date. This order shall become effective immediately, and section 2 of this order shall apply to contracts entered into on or after the effective date of the rules promulgated by the Department of Labor under section 3 of this order.

1 comment:

EdA said...

While not a lawyer, and while this is a massive improvement over what we didn't have before, unless I misread, while this Executive Order covers contracts, it does not appear to cover cooperative agreements, which are an extremely common form for procurements from non-profit organizations (which include universities and religious organizations) or grants.

But maybe they're covered by the underlying Executive Order?