House Democrats call on Labor Department to better protect LGBT workers
Labor Secretary Tom Perez was asked by House Democrats this week to clarify actions his department is taking on a number of issues to better advance LGBT equality in the workplace.
In a letter sent to Perez dated March 5, 19 Democratic members of the House of Representatives write that “there is more that the Department can do to alleviate the high rates of unemployment and discrimination faced by LGBT workers around the country,” noting that the department “has tools at its disposal to address these barriers impacting the ability of LGBT people to thrive in the American economy.”
According to the letter, lawmakers ask for clarification on Labor Department actions on the following:
• U.S. Department of Labor’s implementation of U.S. v. Windsor, including potential revisions to expand access to FMLA leave regardless of state of residence.
• Office of Federal Contract Compliance Programs’ enforcement of existing Executive Orders and how LGBT people can be better covered;
• Office of Federal Contract Compliance Programs’ implementation and accompanying guidance for Macy v. Holder;
• Office of Federal Contract Compliance Programs’ review and potential revision of sex discrimination provisions under Executive Order 11246 ;
• Employment and Training Administration’s inclusion of, and guidance on, LGBT and gender non-conforming youth in Job Corps programs;
• Employment and Training Administration’s inclusion of LGBT and gender non-conforming workers in One Stop Center programs;
• Bureau of Labor Statistics’ work to better integrate sexual orientation and gender identity into its data collection efforts; and
Veterans Employment Training Services inclusion of LGBT veterans in its programs and policies.
Since April 2012, when the Equal Employment Opportunity Commission found in Macy v. Holder that “sex discrimination,” which is prohibited under federal law, includes discrimination against transgender people, the Labor Department has not indicated whether it was applying that decision to protect transgender employees of federal contractors. Under Executive Order 11246, federal contractors are prohibited from discrimination on the basis of of race, color, religion, sex or national origin. And in light of the Macy decision, it would appear transgender workers would now be protected.
However, during a surprise visit to the White House press briefing last month, Perez said that the application of the EEOC ruling was still under review nearly two years later.
“That issue is under review in the aftermath of the Macy decision. And I’ve asked my staff to expedite that review so that we can bring that issue to conclusion at the Department of Labor,” Perez said, adding that he hopes the review “will come to an end as soon as possible.”
In their letter to Perez, House Democrats commended the Labor Department for their leadership on past LGBT work-related issues.
“At the same time,” the letter states, “we are aware that the need for better inclusion of LGBT individuals in many of the above programs and policies has been brought to the attention of the Department and we are eager to hear from you on where these changes stand.”
The letter to Perez comes as President Obama is facing yet another call to sign an executive order prohibiting federal contractors from discrimination on the basis of sexual orientation and gender identity.
[Photo: Tom Perez. Credit: U.S. Department of Labor.]
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