OFCCP Commemorates the One Year Anniversary of the Bostock Decision and Pride Month

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OFCCP Commemorates the One Year Anniversary of the Bostock Decision and Pride Month

Today marks the first anniversary of the Supreme Court’s landmark decision in Bostock v. Clayton County, Georgia affirming that LGBTQ+ individuals are entitled to anti-discrimination protections under Title VII of the Civil Rights Act of 1964.  This Pride Month, OFCCP honors the courageous LGBTQ+ champions and allies who have tirelessly advocated on behalf of LGBTQ+ communities for full equality in all spheres of life.  In his Presidential Proclamation marking Pride Month, President Biden stated:

The LGBTQ+ community in America has achieved remarkable progress since Stonewall.  Historic Supreme Court rulings in recent years have struck down regressive laws, affirmed the right to marriage equality, and secured workplace protections for LGBTQ+ individuals in every State and Territory… For all of our progress, there are many states in which LGBTQ+ individuals still lack protections for fundamental rights and dignity in hospitals, schools, public accommodations and other spaces …. Our Nation also continues to face tragic levels of violence against transgender people, especially transgender women of color … Ending violence and discrimination against the LGBTQ+ community demands our continued focus and diligence.

The President’s words are a reminder of the stark challenges LGBTQ+ communities still face, including in the workplace.  For example, transgender workers have much lower employment rates and incomes than cisgender workers, and more than one in five LGBTQ+ workers have reported experiencing employment-related discrimination. 

OFCCP reaffirms its commitment to equal treatment for LGBTQ+ workers and recognizes that there is important work to be done to ensure every workplace is inclusive. On day one of his Administration, President Biden issued Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The Executive Order established that it is the official policy of the Biden-Harris Administration to prevent and combat discrimination against LGBTQ+ individuals, and to fully enforce civil rights laws to prevent discrimination on the basis of gender identity or sexual orientation. President Biden directed all federal agencies to implement fully all federal laws that prevent discrimination on the basis of sex, to include sexual orientation and gender identity. In March, President Biden became the first President to recognize Transgender Day of Visibility.

Since 2014, Executive Order 11246 has explicitly banned federal contractors from discriminating against job applicants and employees based on sexual orientation and gender identity.  OFCCP will continue to work diligently to better understand the challenges faced by LGBTQ+ jobseekers and workers, and to partner with federal contractors to build more inclusive workplaces.  OFCCP provides the following resources for contractors and workers on sexual orientation and gender identity discrimination: