OFCCP Observes Pride Month
This month marks the second anniversary of the Supreme Court’s landmark decision in Bostock v. Clayton County, Georgia affirming that LGBTQI+ individuals are entitled to anti-discrimination protections under Title VII of the Civil Rights Act of 1964. This Pride Month, the Office of Federal Contract Compliance Programs (OFCCP) commemorates legal advancements for LGBTQI+ Americans. OFCCP honors the courageous LGBTQI+ champions and allies who have tirelessly advocated on behalf of LGBTQI+ communities for full equality in all spheres of life. In his Presidential Proclamation marking Pride Month, President Biden stated:
This month, we remind the LGBTQI+ community that they are loved and cherished. My Administration sees you for who you are — deserving of dignity, respect, and support. As I said in my State of the Union Address — especially to our younger transgender Americans — I will always have your back as your President so that you can be yourself and reach your God-given potential. Today and every day, my Administration stands with every LGBTQI+ American in the ongoing struggle against intolerance, discrimination, and injustice. We condemn the dangerous State laws and bills that target LGBTQI+ youth. And we remain steadfast in our commitment to helping LGBTQI+ people in America and around the world live free from violence.
The President’s words are a reminder that despite substantial progress in the fight for equality and inclusion, LGBTQI+ individuals still face discrimination, harassment, and violence, including in the workplace. A September 2021 Williams Institute School of Law report found that over 40% of LGBT workers (45.5%) reported experiencing unfair treatment at work, including being fired, not hired, or harassed because of their sexual orientation or gender identity at some point in their lives. Nearly one-third (31.1%) of LGBT respondents reported that they experienced discrimination or harassment within the past five years. Additionally, the Williams Institute reported LGBT employees of color were significantly more likely to report not being hired because of their sexual orientation or gender identity than white LGBT employees: 29.0% of LGBT employees of color reported not being hired based on their LGBT status compared to 18.3% of white LGBT employees. In another report based on the U.S. Census Bureau, Household Pulse Survey (HPS) examines the economic security and labor market experiences of LGBT communities since July 2021. The data revealed that although some LGBT individuals are more likely or just as likely to be employed compared with non-LGBT individuals, they are also more likely to live in households earning below the poverty line and to struggle to make ends meet.
On day one of this Administration, President Biden issued Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, committing “to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.” OFCCP reaffirms its commitment to eliminating discrimination against LGBTQI+ workers and recognizes that there is important work to be done to address injustice and inequality and ensure every workplace is inclusive. OFCCP enforces Executive Order 11246, which since 2014 has explicitly banned federal contractors from discriminating against job applicants and employees based on sexual orientation and gender identity. With its partners across the federal government, OFCCP is exploring improved data collection about sexual orientation and gender identity and eliciting self-identification. In FY 22, OFCCP investigated two complaint cases on the bases of sexual orientation that resulted in a monetary outcome of $18,709 to the two affected individuals.
OFCCP will continue to work diligently to better understand the challenges faced by LGBTQI+ jobseekers and workers, and to ensure federal contractors advance equal employment opportunity. The agency provides the following resources for contractors and workers on sexual orientation and gender identity discrimination:
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