This week OFCCP hosted Webinars on federal contractor obligations with respect to sexual orientation and gender identity under Executive Order 13672.

During the training OFCCP reiterated the following requirements:

  • Contractors are to use the updated EO Clause including sexual orientation and gender identity if the entire EO Clause is incorporated into covered purchase orders and subcontracts.
  • Contractors must include sexual orientation and gender identity in your EEO tagline for job ads only if the tag line lists out all of the protected statuses.
  • As an alternative, contractors may continue to use abbreviated taglines which do not need to include reference to sexual orientation or gender identity; and
  • Contractors must post the updated “EEO is the Law” poster when available. Until it is available, contractors are to use a supplement to the poster when provided by EEOC and OFCCP. The supplement is expected to be available at the EEOC and OFCCP Websites sometime shortly after April 8. As soon as we have access to this supplement we will let you know where to find it.

During the webinar OFCCP clarified while it would be “best practice” to include sexual orientation and gender identity in other anti-discrimination documents such as handbooks, revision of these documents is not required.

OFCCP reiterated that contractors are not required to collect any data regarding sexual orientation or gender identity; engage in any particular outreach or training; or set placement goals based on sexual orientation or gender identity. However, OFCCP informed the audience that if contractors elect to invite applicants and/or employees to voluntarily disclose sexual orientation and gender identity, the collected data could be requested during an OFCCP audit or investigation of a LGBT complaint.

More to Come

OFCCP announced it is working on a set of LGBT FAQs which will soon be available on OFCCP’s Website. While FAQs are non-regulatory, they often provide helpful guidance on the Agency’s expectations. We will be sure to provide an update when these become available.

Tags: gender identity, LGBT, OFCCP, Office of Federal Contract Compliance Programs, sexual orientation
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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

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