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Recapping President Obama’s “Year of Action” Executive Orders: Part II – LGBT Anti-Discrimination

    On July 21, 2014, President Obama signed Executive Order 13672 prohibiting federal contractors, subcontractors, and construction industry employers working on federally-assisted construction projects from engaging in workplace discrimination on the basis of sexual orientation and gender identity. The Department of Labor published its Final Rule implementing Executive Order 13672 on December 3, 2014. The Final Rule is set to go into effect next month on April 8, 2015. The key provisions of the Final Rule are summarized in the chart below:

  • Applies to all contracts and subcontracts on federally assisted construction projects entered into or modified after the April 8, 2015, effective date for the Final Rule.
Contractor Obligations
  • Equal Opportunity Clause in contracts, subcontracts, purchase orders, and job solicitations must be updated to include gender identity and sexual orientation as prohibited bases of discrimination.
  • No new reporting or information collection requirements under Final Rule.
  • No new exemption for religiously-affiliated contractors.
  • Religiously-affiliated contractors still may favor individuals of a particular religion when making employment decisions.

     With the effective date of the Final Rule approaching, Contractors on federally assisted construction projects should be sure to review their internal and external policies, contracts, third-party notifications, and EEO and affirmative action plans to verify that they include sexual orientation and gender identity as protected categories. Additionally, as with any protected category, it will be important to train management in these new non-discrimination obligations under the Final Rule and to monitor compliance with your company’s newly revised anti-discrimination policies.

     If you have any questions about compliance or would like to discuss the specific implications for your company of Executive Order 13672 and the Final Rule, please feel free to contact the attorneys at HudsonParrottWalker and we will be pleased to assist you.  

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