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White House: New federal contractor EO coming

by Lisa Keen, Keen News Service
2014-06-18

This article shared 2196 times since Wed Jun 18, 2014
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In a sudden but not necessarily unexpected gesture, the White House indicated today that President Obama has "directed his staff" to prepare an executive order to prohibit federal contractors from discriminating against employees on the basis of sexual orientation or gender identity.

(News published online June 16, 2014)

The White House official could not say how soon President Obama intends to sign the executive order. But the news comes during Pride Month and just two weeks before the White House hosts its annual reception in celebration of Pride Month. And it comes just one day before President Obama is scheduled to be at an LGBT-related fundraiser for the Democratic National Committee in New York.

It also comes as much of the nation's attention is riveted to a escalating civil war in Iraq that threatens to provoke U.S. military response and to an "urgent humanitarian" crisis in which more than 1,000 unaccompanied minors are crossing the border from Mexico into the U.S. every day.

Word that President Obama plans to sign a federal contractor executive order to protect LGBT employees spread lightning fast yesterday.

The Human Rights Campaign called the news the "culmination of six years of advocacy by the members and supporters of the Human Rights Campaign, LGBT and civil rights leaders, and allies on Capitol Hill."

It also comes after months of mixed signals from the White House. On January 31, John Podesta, the former chief of staff to President Clinton who had just joined the Obama White House as Counselor to the President, said an executive order was "under consideration at the White House —we're looking at that." But then White House Press Secretary Jay Carney, on that same day, said he didn't have any updates on "a hypothetical executive order for LGBT non-discrimination" and added that it's "the wrong approach." He said the president thought ENDA is "the right way to go here."

© 2014 Keen News Service. All rights reserved.

Below is an HRC press release

WASHINGTON — According to news reports, President Obama will soon sign an executive order providing non-discrimination protections to lesbian, gay, bisexual, and transgender (LGBT) employees of federal contractors. This news is the culmination of six years of advocacy by LGBT and civil rights leaders, and allies on Capitol Hill. After five million emails and a mountain of compelling evidence, today's announcement comes as welcome news to millions of LGBT workers around the country without essential employment protections.

"By issuing an executive order prohibiting federal contractors from discriminating against LGBT people, the President will not only create fairer workplaces across the country, he will demonstrate to Congress that adopting federal employment protections for LGBT people is good policy and good for business. The White House statement today is promising, and we look forward to seeing the details of the executive order," said Chad Griffin, President of the Human Rights Campaign.

Currently, there's no federal law or regulation that explicitly bans workplace discrimination on the basis of sexual orientation and gender identity. And in 29 states, it's legal under state law to fire or refuse employment to a person based on sexual orientation — and 32 states lack explicit laws banning discrimination based on gender identity.

The executive order will prohibit companies that contract with the federal government from discriminating in employment based on sexual orientation and gender identity. Federal contractors employ more than 20 percent of the American workforce — 28 million workers — and collect around $500 billion in federal contracts every year. According to the Williams Institute, an executive order would protect 11 million more American workers from discrimination based on sexual orientation and up to 16.5 million more workers based on gender identity. (See more from Williams Institute below.)

Notably, the proposed executive order will require Exxon Mobil Corporation, a top federal contractor that draws hundreds of millions annually in federal contracts, to provide non-discrimination protections to its LGBT employees and prospective hires. Yet ExxonMobil has consistently resisted these kinds of protections. Earlier this month, ExxonMobil's shareholders voted for the 17th time to reject a policy that would prohibit discrimination against LGBT workers.

"This order will bring much-needed relief to ExxonMobil's LGBT employees," Griffin said, "Year after year, ExxonMobil has held the lowest spot in HRC's Corporate Equality Index — the first and only company to receive a negative score."

For 12 years, HRC's Corporate Equality Index has set key standards for equality in America's workplaces. Corporations of all sizes, regions and industries have risen to the challenge and adopted policies and practices that treat LGBT workers fairly and equally. According to HRC's research, 91 percent of Fortune 500 companies include sexual orientation in their workplace policies and 61 percent include gender identity. Also, nearly 450 major companies require their suppliers to adhere to their own LGBT-inclusive workplace policies, including more than half of the 100 largest corporations in America. These companies span 37 distinct industries and employ 13.7 million people.

Earlier today, HRC released new public opinion research that conclusively demonstrates strong public support for federal non-discrimination workplace protections for LGBT workers. A national survey of 1,200 registered voters conducted June 6-10, 2014 by TargetPoint Consulting found that 63 percent of those surveyed favor a federal law that protects gay and transgender people from employment discrimination while only 25 percent oppose it. Enthusiasm for this is especially strong among supporters: 42 percent strongly favor it, while only 16 percent strongly oppose.

HRC's public opinion research on an executive order that would prohibit federal contractors from discriminating against LGBT workers had similar results. A 2011 poll of likely voters conducted for HRC by GQRR found that 73 percent favored such an order and support was strong regardless of age, race, education, political ideology, and a number of other demographics.

Under Executive Order 11246, first issued by President Johnson in 1965, companies contracting with the federal government for $10,000 or more in a single year are prohibited from discriminating against employees based on race, color, religion, or national origin. His order built on prohibitions on race discrimination in various federal contracts issued by prior presidents, as far back as Franklin Delano Roosevelt, that predated broader civil rights protections. In addition, since 1967, the executive order has also prohibited discrimination based on sex.

"Countless LGBT workers across the country will be able to rest easier once a strong executive order is in place, but there is no denying that the time has come to do even more," said Griffin. "The House of Representatives must seize this opportunity to immediately pass the Employment Non-Discrimination Act, and we will continue to fight for the greatest number of civil rights protections for the greatest number of LGBT people around the country."

More From Williams Institute:

14 Million Additional LGBT Workers Protected by Executive Order Prohibiting Discrimination

Today, the White House announced that President Obama has directed his staff to prepare a federal executive order requiring contractors to prohibit workplace discrimination based on sexual orientation and gender identity. A 2013 survey found that 21 percent of LGBT people report having been treated unfairly by an employer. Further, almost half of transgender people in a recent survey had experienced discrimination in hiring, promotion or job retention.

As of May 2014, Williams Institute research shows:

- 86% of the top 50 federal contractors prohibit discrimination based on sexual orientation, and 61% prohibit discrimination based on gender identity.

- All but two of the top 50 Fortune 500 companies prohibit discrimination based on sexual orientation (96%) and 70% prohibited discrimination based on gender identity.

- Local policies that require city and county contractors to prohibit sexual orientation and gender identity discrimination do not burden governments or businesses.

- Combined, the top 50 contractors represent 47.7% of all contracting dollars awarded by the federal government - over $218 billion in spending.

National Center for Lesbian Rights:

(San Francisco, CA, June 16, 2014)—Today, President Obama directed White House staff to begin drafting an Executive Order that would require all recipients of federal contracts to have policies that prohibit employment discrimination based on sexual orientation or gender identity. Federal contractors employ more than 20 percent of the U.S. workforce, and this historic move will extend crucial protections to millions of employees based on sexual orientation and gender identity.

The Executive Order will represent a major victory in the fight for LGBT employees across the country, who remain vulnerable to being harassed, discriminated against, and even fired simply for being who they are. Right now, there is no federal law that explicitly protects LGBT individuals from employment discrimination. There are no state laws that expressly prohibit discrimination based on sexual orientation in 29 states, and no state laws that expressly prohibit discrimination based on gender identity in 32 states.

Statement by NCLR Executive Director Kate Kendell, Esq.: "We are elated at the news that the President has directed his staff to begin drafting a Presidential Executive Order to protect LGBT individuals from discrimination by employers who work with the federal government. In 32 states LGBT people still have no protections against job loss and adverse actions at work based on their sexual orientation or gender identity. The President's promise to sign an Executive Order barring discrimination in employment for a large swath of employers will provide a significant number of LGBT workers the security of knowing they can support themselves and their families."

ACLU Executive Director Anthony D. Romero statement:

"This is a historic announcement. President Obama's commitment to LGBT equality will be one of his lasting legacies. This President has done more for the struggle for LGBT equality than all previous presidents combined. For more than 70 years, presidents, both Democratic and Republican, have used executive orders to eradicate taxpayer-funded discrimination in the workplace. Issuing this executive order will build upon a tradition that dates back to President Roosevelt's 1941 order conditioning defense contracts on an agreement not to discriminate based on race, creed, color, or national origin. Barring discrimination based on sexual orientation and gender identity with taxpayer funds by all federal contractors will begin to undo one of the last vestiges of legally sanctioned discrimination."

This statement is available at:

aclu.org/lgbt-rights/white-house-issue-executive-order-barring-lgbt-discrimination-federal-contractors .

From GetEQUAL

This order comes after a 2008 campaign promise by then-candidate Obama, and massive pressure on the White House by LGBT groups, including GetEQUAL — a national, grassroots organization pushing for the full equality of lesbian, gay, bisexual, and transgender (LGBT) individuals. Over the past two years, GetEQUAL has staged media and direct action campaigns pushing the president to sign this order, including actions by GetEQUAL Florida organizer Jarrod Scarbought and his husband Les Sewell at the 2012 White House Easter Egg Roll: http://www.msnbc.com/msnbc/watch/gay-couple-attends-white-house-easter-egg-roll-44397635994.

"We're thrilled that the White House is finally taking action on LGBT workplace discrimination — action that is long overdue, but that will finally begin to address the enormous hurdles that LGBT individuals face in finding and keeping a job in this country," said GetEQUAL Co-Director Heather Cronk. "It is now vitally important for all of us to insist that this executive order, when eventually signed by the president, does not include religious exemptions that would permit taxpayer dollars to be spent on discrimination. We will continue to be vigilant about this important aspect of the executive order — LGBT Americans need these protections immediately, and without the gaping holes that exemptions would create."

National Center for Transgender Equality

For years, the National Center for Transgender Equality (NCTE) has been engaged in public education and advocacy on this effort and we applaud the Obama Administration for ensuring no transgender person working for a federal contractor loses their job because of bias.

National Center for Transgender Equality

Executive Director Mara Keisling celebrated the announcement saying:

"This Executive Order will be a very important piece of the comprehensive anti-discrimination protections our community has been working for and winning. Title VII sex discrimination protections have been helpful, passing state and local laws have been helpful, passing the Employment Non-Discrimination Act will be helpful, and, very soon, this Executive Order will be helpful. This has been a remarkable month of win after win, both culturally and politically, for transgender people."

Though NCTE welcomes this important development, the signing of the Federal Contractors Executive Order highlights—as President Obama said in his announcement today—the need to continue legislative efforts to protect LGBT workers by passing the Employment Non-Discrimination Act.

Lambda Legal statement:

Greg Nevins, Counsel in Lambda Legal's Southern Regional Office in Atlanta and Lambda Legal's workplace fairness strategist, released the following statement:

"We applaud the Obama administration's step towards protecting LGBT employees of federal contractors. Like many presidents before him, President Obama is taking action to ensure that taxpayer money is not wasted on workplace discrimination or harassment.

"An executive order will provide explicit protection against sexual orientation and gender identity discrimination to 11 million employees who don't have legally-recognized protections now according to a study by the Williams Institute. And it would ensure that there are at least some workplaces in every state with clear, legally binding protections for LGBT Americans.

"From the thousands of calls for help that Lambda Legal gets each year, we know that workplace discrimination is one of the most frequent problems that LGBT people face. Workplace equality has been a top priority for Lambda Legal for more than forty years. We look forward to bringing our expertise about this urgent community need into the conversations with the Obama administration as the executive order is finalized."

National Black Justice Coalition

Washington, DC — June 16, 2014 — Today, the White House announced President Obama's intention to sign an executive order that could protect as many as 16 million workers, or one-fifth of the entire U.S. labor force, by prohibiting all companies who contract with the federal government from discriminating on the basis of gender identity or sexual orientation. The signing of this executive order is the single largest expansion of LGBT workplace protections in the nation's history. Currently, in 29 states, a person can be fired from their employment on the basis of their sexual orientation and in 32 states transgender people have no protections from being fired because of their gender identity.

"I celebrate this moment knowing that millions of LGBT workers will have protections for the first time in history. It is simply unacceptable that LGBT workers in many parts of our nation can still be unfairly refused employment, harassed at work or even fired for just being who they are," said Sharon Lettman-Hicks, NBJC Executive Director and CEO. "NBJC applauds the Obama Administration for doing the right thing and protecting LGBT workers any way possible until we can get an all-inclusive, non-discrimination law to protect LGBT people passed by Congress."

For LGBT workers of color, the lack of worker protections is even more devastating. As NBJC's co-authored report, A Broken Bargain For LGBT Workers of Color, states, LGBT workers who live at the intersections of race, gender identity and sexual orientation face many extra barriers in obtaining a good job. For example, surveys of Black LGBT people put rates of employment discrimination near 50 percent.

"Black LGBT people are significantly disadvantaged when they lack protections in the workplace. NBJC will not rest until all qualified American workers have the ability and right to secure a good, quality job to take care of self and family," added Sharon Lettman-Hicks.

The Association of Latinos/as Motivating Action (ALMA)

President Obama needs to stop politicking with immigrant and LGBT families. The Association of Latino/as Motivating Action (ALMA) applaud President Obama's recent executive action protecting LGBT workers hired through federal contracts. But that is not enough.

Most recently, the National Council of La Raza, the largest national Hispanic advocacy organization in the United States, hailed President Obama as the Deporter-in-Chief. This is no title worth praising. For the past six years, under the Obama administration, about 2 million people have been deported. Meaning, immigrant families from every part of the country, and all kinds of families, have been torn apart due to our country's current broken immigration laws. This includes lesbian, gay, bisexual, and transgender (LGBT) immigrants: families headed by a same-sex couple, families with LGBT children, and other chosen families.

Last year, ALMA in collaboration with the LGBT Immigrant Rights Coalition, worked tirelessly to push for a comprehensive and compassionate immigration reform, one that respects and takes into account the vulnerabilities of LGBT immigrants. Although we were initially disappointed by the Senate's version of an immigration bill that purposely excluded the Uniting American Families Act (UAFA), we were then hopeful by the Supreme Court's decision to strike section 3 of the Defense of Marriage Act (DOMA) down, and also the passage of marriage equality in Illinois. Now, some same-sex binational/mixed status couples in Illinois have a path towards keeping their families together.

But, the majority of LGBT immigrants, and their families, still do not have a way of protecting their families from deportations, and other anti-immigrant policies. With the House of Representatives unfortunate, and gross, lack of action on immigration reform, we have channeled our collective frustration demanding that President Obama issue an executive order to protect all LGBT people, this time protecting LGBT immigrant families. However, instead of acting immediately to protect the thousands of families his administration is tearing apart, President Obama and Secretary of Homeland Security Jeh Johnson have held off on completing a review of deportation policies for more months so Congress can act on immigration reform.

Although we will continue to push the entire Congressional delegation from Illinois to act on immigration reform, that includes a path to citizenship; we are realistic and aware of the political climate, especially after Republican Congressman Cantor's recent reelection loss. But everyday we wait — is another day immigrant LGBT families continue to live in fear and in danger.

Therefore, we demand that President Obama ask the Department of Homeland Security to end the deportations of families who would otherwise benefit from the prospective immigration reform. There is absolutely no reason why LGBT immigrant families should live in constant fear, no reason why young LGBT youth should be forced to grow up without their parents, and there is definitely absolutely no reason why transgender and other lesbian, gay, and bisexual individuals be forced to endure an incredible amount of violence in deportation centers. The report released by the Center for American Progress (CAP), "Dignity Denied: LGBT Immigrants in U.S Immigration Detention," highlight the issues that LGBT immigrants in detentions encounter; life threatening issues such as sexual assault, the psychological damages of solitary confinement, and the inadequate medical care. This puts the United States in jeopardy of infringing of human rights, but most importantly it already violates individuals' human dignity.

President Obama needs to be reminded that it was immigrant families and their allies, specifically Latino voters, that sent him back to the White House in 2012. This was after he broke his initial promise to act on immigration during his first term. He must also be reminded that the LGBT communities continues to see his presidency as one of the most friendliest to LGBT issues. But in order for President Obama to continue to be seen as a true ally to the immigrant, Latino, and LGBT community, he must act immediately.

The Association of Latino/as Motivating Action have this message for Preisdent Obama: Mr. President, immigrants, specifically LGBT immigrants, will not forget the constant fear your administration has placed on our communities if you do not act now. It's time to put an end to the separation of families.


This article shared 2196 times since Wed Jun 18, 2014
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