Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Change Has Come: OFCCP Publishes Final Rule Implementing Executive Order Prohibiting Federal Contractors from LGBT Discrimination

By Lorraine M. Campos & Nkechi Kanu on December 9, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule today, implementing Executive Order (“EO”) 13672, signed by President Obama July 21, 2014. Before EO 13762, federal contractors were only prohibited from discriminating against employees on the basis of race, color, religion, sex and national origin. EO 13762 now adds sexual orientation and gender identity to the protected classes.

The OFCCP final rule codifies these new protections in 41 C.F.R. Part 60-1. Under the revise regulations, the words “sex, or national origin” are replaced by “sex, sexual orientation, gender identity or national origin.” In order to comply with the revisions, federal government contractors and subcontractors must:

  • Take affirmative action to ensure that applicants and employees are not discriminated against on the basis of their sexual orientation and gender identity
  • Include sexual orientation and gender identity as prohibited bases of discrimination under the Equal Opportunity Clause
  • Include an updated Equal Opportunity Clause in new or modified subcontracts and purchase orders
  • Update the equal opportunity language used in job solicitations to include sexual orientation and gender identity as protected traits
  • Post updated notices that reflect that sexual orientation and gender identity are protected traits

The final rule does not, however, require federal contractors to set goals on the bases of sexual orientation or gender identity, nor does it require contractors to collect and analyze data on these bases.

The final rule applies to businesses that enter into a covered federal contract or subcontract on or after the effective date of the final rule. The rule will become effective early April 2015, 120 days after its publication in the Federal Register. OFCCP intends to publish compliance assistance materials, such as fact sheets and “Frequently Asked Questions,” before the final rule takes effect. In addition, OFCCP will host webinars that will describe the amended requirements and conduct workshops and forums to listen to any questions and concerns contractors and other stakeholders may have.

Federal contractors and subcontractors should review their current employment and hiring practices to ensure compliance with their obligations under the final rule. Further, these contractors will need to update their Affirmative Action and Equal Employment Opportunity policies and statements to include the new protected classes, and ensure that the language used in solicitations and posted notices are revised.

Photo of Lorraine M. Campos Lorraine M. Campos

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine…

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine regularly counsels clients on all aspects of the General Services Administration (GSA) and the U.S. Department of Veterans Affairs (VA) Federal Supply Schedule (FSS) programs. She also routinely advises clients on the terms and conditions of these agreements, including the Price Reduction Clause, small business subcontracting requirements, and country of origin restrictions mandated under U.S. trade agreements, such as the Trade Agreements Act and the Buy American Act. Additionally, Lorraine advises life sciences companies, in particular, pharmaceutical and medical device companies, on federal procurement and federal pricing statutes, including the Veterans Health Care Act of 1992.

Lorraine has been ranked by Chambers USA since 2013, and she was recognized by Profiles in Diversity Journal as one of their “Women Worth Watching” for 2015. Additionally, Lorraine is active in the American Bar Association’s Section of Public Contract Law and serves as co-chair of the Health Care Contracting Committee.

Lorraine joined the firm from Reed Smith, where she chaired their Government Contracts & Grants Team since 2010. Prior to that, she worked as a consultant for Grant Thornton, where she advised the Intelligence Community, analyzed the Department of Defense utility privatization program, and performed numerous Circular A-76 studies for the Office of Management and Budget.

Read more about Lorraine M. CamposEmail
Show more Show less
Photo of Nkechi Kanu Nkechi Kanu
Email
  • Posted in:
    Employment & Labor
  • Blog:
    Global Regulatory Enforcement Law Blog
  • Organization:
    Reed Smith LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo