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OFCCP Issues New Rule Prohibiting Discrimination On Basis of Sexual Orientation and Gender Identity, More Guidance to Come

By Peter J. Eyre & Sharmistha Das on December 16, 2014
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On December 9, 2014, the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor (DOL) issued a final rule implementing the President’s July 2014 Executive Order 13672, which prohibits federal contractors from discriminating on the basis of sexual orientation or gender identity. The rule requires contractors and subcontractors to add “gender identity” and “sexual orientation” to the Equal Opportunity Clause and to their solicitations or advertisements for employment, but it does not require them to solicit such information from applicants or employees, to set placement goals, or to maintain or analyze any data on those categories. Companies that wish to learn more about this rule might be interested in a December 5 open forum hosted by DOL and DOL’s Frequently Asked Questions regarding this rule. In response to questions from industry about the rule, a DOL spokesperson indicated additional meetings with stakeholders will be scheduled and further guidance will be issued.

Photo of Peter J. Eyre Peter J. Eyre

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and…

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and has been named an Acritas Star, Acritas Stars Independently Rated Lawyers (2016, 2017, 2019). He is nationally ranked by Chambers USA in Government Contracts since 2014, and by Super Lawyers since 2017.

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Photo of Sharmistha Das Sharmistha Das

Sharmi Das’ experience at the Department of Homeland Security (DHS), Department of Justice (DOJ), the White House, the U.S. Senate, and private practice positions her to guide clients through regulatory challenges, government-facing issues, and scrutiny from Congress and other oversight bodies. Sharmi has

…

Sharmi Das’ experience at the Department of Homeland Security (DHS), Department of Justice (DOJ), the White House, the U.S. Senate, and private practice positions her to guide clients through regulatory challenges, government-facing issues, and scrutiny from Congress and other oversight bodies. Sharmi has handled dozens of congressional inquiries and managed a program that developed hundreds of regulatory actions relating to homeland security matters, including technology, cybersecurity, contracts and grants, intelligence, health, and immigration. She participated in hundreds of policy discussions at the White House and DHS on high-profile issues that were often in the headlines, including domestic and international crises and emergencies.

Sharmi brings over a decade of experience analyzing statutory and regulatory text to both challenge and defend agency actions in litigation. She uses her knowledge of the Administrative Procedure Act (APA) and federal rulemaking process to help clients shape regulatory authorities, comply with them, and challenge them. In both the executive and legislative branches, Sharmi crafted strategies to resolve inquiries from the Hill, other federal oversight bodies, and the public, often under immense public scrutiny.

Sharmi was awarded the Distinguished Service Medal by the Secretary of Homeland Security for exceptional service, the Department’s highest civilian honor. She was also recognized as an honorary Judge Advocate General by the U.S. Coast Guard. Sharmi values public service and maintains a diverse pro bono practice, including her time seconded to the Legal Aid Society of the District of Columbia.

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  • Posted in:
    Government Contracts
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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