President Obama Signs Executive Order Incorporating Protections Against Discrimination Based on Sexual Orientation or Gender Identity into Executive Order 11246

On Monday, July 21, President Obama signed an executive order that makes changes to Executive Order 11246. Executive Order 11246 is the executive order that prohibits discrimination by federal contractors or subcontractors against applicants and employees based on race, color, religion, sex, or national origin. Executive Order 11246 is also the executive order that provides the basis for the federal regulations requiring that federal contractors and subcontractors take affirmative action to recruit, employ, promote, and retain minorities and females.

The executive order signed by President Obama on Monday incorporates protections for applicants and employees based on sexual orientation and gender identity. The White House decided to amend Executive Order 11246 to protect members of the lesbian, gay, bisexual, and transgender (LGBT) community after the United States Congress failed to take action on a law to provide broader protections for members of these groups. While certain states and municipalities have protections for members of the LGBT community, there were no non-discrimination provisions for these groups in federal law.

The executive order signed by the President instructs the Secretary of Labor to prepare regulations that will implement the amendments to Executive Order 11246. The non-discrimination provisions of the new executive order will apply to contracts entered into on or after the effective date of the rules promulgated by the Department of Labor. Thus, there are no specific actions federal contractors and subcontractors currently need to take to deal with these revisions. However, companies should monitor the federal rule-making process to determine when new rules about sexual orientation and gender identity become effective.

Along with changes to Executive Order 11246, the executive order signed on Monday makes changes to Executive Order 11478, which prohibits discrimination against federal employees on the basis of race, color, religion, sex, national origin, disability, or age. Executive Order 11478 was revised in 1998 to prohibit discrimination against federal employees based on sexual orientation. This executive order does not affect federal contractors or subcontractors or other private sector employers. The executive order signed on Monday is available at http://www.whitehouse.gov/the-press-office/2014/07/21/executive-order-further-amendments-executive-order-11478-equal-employmen. A fact sheet discussing the executive order and the reasons for the revisions to Executive Order 11246 is available at http://www.whitehouse.gov/the-press-office/2014/07/21/fact-sheet-taking-action-support-lgbt-workplace-equality-good-business-0.