OFCCP has posted Directive 2014-02, Gender Identity and Sex
Discrimination (DIR 2014-02).
On June 30, 2014, the Secretary
announced that DOL is updating its enforcement protocols and nondiscrimination
guidance to reflect that DOL provides the full protection of the federal
nondiscrimination laws that it enforces to individuals with claims of gender
identity and transgender status discrimination. In accordance with this announcement, as well as with the
EEOC’s decision in Macy v. Holder
and the Title VII case law on which it is based, DIR 2014-02 clarifies that under Executive Order 11246, as amended, discrimination
on the basis of sex includes discrimination on the bases of gender identity and
transgender status.
The directive reaffirms that
in compliance evaluations and complaint investigations, OFCCP fully
investigates and seeks to remedy instances of sex discrimination that occur
because of an individual’s gender identity or transgender status. The directive explains that,
when investigating such instances of potential discrimination, OFCCP adheres to
the existing Title VII framework for proving sex discrimination, as outlined in
OFCCP’s Federal Contract Compliance
Manual.
DIR 2014-02 takes effect immediately.
Source: DOL
This information is intended to be
educational and should not be considered legal advice on any specific matter.
