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Facts about Discrimination Based on Sexual Orientation, Status as a Parent, Marital Status and Political Affiliation


The Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) enforce the prohibitions against federal employment discrimination codified in the CSRA. The OSC will defer those bases of discrimination under EEOC's jurisdiction to the respective federal agency and its EEO process. The CSRA also prohibits employment discrimination in the federal government based on marital status, political affiliation and conduct which does not adversely affect the performance of the employee, none of which are within EEOC's jurisdiction. Moreover, the law defines ten other prohibited personnel practices in the federal government, all of which fall under the jurisdiction of the OSC and the MSPB. See Prohibited Personnel Practices.

Executive Order 13087, amending Executive Order 11478, was signed on May 28, 1998, to provide a uniform policy for the federal government to prohibit discrimination based on sexual orientation. Executive Order 11478 section 1 reads:

It is the policy of the government of the United States to provide equal opportunity in federal employment for all persons, to prohibit discrimination in employment because of race, color, religion, sex, national origin, handicap, age, or sexual orientation and to promote the full realization of equal employment opportunity through a continuing affirmative program in each executive department and agency. This policy of equal opportunity applies to and must be an integral part of every aspect of personnel policy and practice in the employment, development, advancement, and treatment of civilian employees of the federal government, to the extent permitted by law.

Executive Order 13087 did not create any new rights, however it did set the stage for positive and constructive action by all units of the federal government to make certain that the workplace is one free from harassment and discrimination. Many of the Cabinet level agencies have also issued policy statements prohibiting discrimination based on sexual orientation. Some of the agencies have developed parallel EEO complaint procedures allowing federal employees to file EEO complaints based on sexual orientation within their agencies.

Source: U.S. Equal Employment Opportunity Commission

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