The Human Rights Campaign urged the office responsible for
investigating and prosecuting federal workplace discrimination to
continue looking into those claims of sexual orientation-based
discrimination. HRC voiced strong concerns with reports that the U.S.
Office of Special Counsel (OSC) is retreating from its long-established
policy of investigating and enforcing disciplinary action against sexual
orientation-based employment discrimination against federal workers.
"The federal government has a long-established practice of making
employment decisions based on how well people can do their jobs, not on
their sexual orientation or other factors," said HRC President Cheryl
Jacques. "President Bush has spoken time and again about the importance
of respect and tolerance. Make no mistake, there is neither respect nor
tolerance in robbing hard-working individuals of their workplace
security."
The OSC removed references to sexual orientation-based discrimination
from its complaint form, the OSC basic brochure, training slides and a
two-page flier entitled "Your Rights as a Federal Employee." The OSC
also removed from its website a press release issued by the OSC in June
2003 that announced the settlement of a case involving discrimination
based on sexual orientation against an applicant to the Internal Revenue
Service.
The law, 5 USC 2302(b)(10), prohibits discrimination against federal
employees or job applicants on the basis of off-duty conduct that does
not affect job performance. Although there is no explicit reference to
sexual orientation in the statute, it has long been interpreted to
include sexual orientation. Executive Order 13087 – issued May 28, 1998
– reaffirmed that position. The U.S. Office of Personnel Management
continues to assert that the government has interpreted statute
[2302(b)(10)]"to prohibit discrimination based on sexual orientation.
Sexual orientation means homosexuality, bisexuality or heterosexuality."
"It would be reprehensible for the government to turn the clock back on
this progress for basic fairness – progress that has the solid support
of the American people," added Jacques.
A Gallup Poll in May 2003 showed that 88 percent of respondents believe
that gays and lesbians should have equal rights in terms of job
opportunities.
Private employers have long recognized that eliminating discrimination
and harassment against gay people in the workplace leads to a happier,
more productive work force. A total of 360 companies in the Fortune 500
– or 72 percent – include sexual orientation in their corporate EEO
policies, according to HRC WorkNet, the Human Rights Campaign
Foundation's workplace project.
For more information, visit: www.hrc.org/worknet.
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