President Obama Expands Affirmative Action Obligations to Include Sexual Orientation and Gender Identity

This morning, President Obama amended two executive Orders to include sexual orientation and gender identity protection for federal government employees and employees of federal contractors and subcontractors subject to affirmative action obligations.  Of note for private sector employees, sexual orientation and gender identity are given the same protection under Executive Order 11246 as sex, race and national origin.  The Department of Labor has been instructed to promulgate regulations within 90 days that will take effect in 2015 for affirmative action employers.    It remains to be seen if affirmative action employers will be required to track the applications and employment status, to establish goals and to conduct adverse impact analysis of these newly covered employees the same  extent as they are currently required to do for sex, race, disability and veteran status.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.