This week OFCCP hosted Webinars on federal contractor obligations with respect to sexual orientation and gender identity under Executive Order 13672.

During the training OFCCP reiterated the following requirements:

  • Contractors are to use the updated EO Clause including sexual orientation and gender identity if the entire EO Clause is incorporated into covered purchase orders and subcontracts.
  • Contractors must include sexual orientation and gender identity in your EEO tagline for job ads only if the tag line lists out all of the protected statuses.
  • As an alternative, contractors may continue to use abbreviated taglines which do not need to include reference to sexual orientation or gender identity; and
  • Contractors must post the updated “EEO is the Law” poster when available. Until it is available, contractors are to use a supplement to the poster when provided by EEOC and OFCCP. The supplement is expected to be available at the EEOC and OFCCP Websites sometime shortly after April 8. As soon as we have access to this supplement we will let you know where to find it.

During the webinar OFCCP clarified while it would be “best practice” to include sexual orientation and gender identity in other anti-discrimination documents such as handbooks, revision of these documents is not required.

OFCCP reiterated that contractors are not required to collect any data regarding sexual orientation or gender identity; engage in any particular outreach or training; or set placement goals based on sexual orientation or gender identity. However, OFCCP informed the audience that if contractors elect to invite applicants and/or employees to voluntarily disclose sexual orientation and gender identity, the collected data could be requested during an OFCCP audit or investigation of a LGBT complaint.

More to Come

OFCCP announced it is working on a set of LGBT FAQs which will soon be available on OFCCP’s Website. While FAQs are non-regulatory, they often provide helpful guidance on the Agency’s expectations. We will be sure to provide an update when these become available.

Tags: gender identity, LGBT, OFCCP, Office of Federal Contract Compliance Programs, sexual orientation
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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.

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