deptlaborToday, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a policy directive clarifying that sex discrimination under Executive Order 11246 includes discrimination on the bases of gender identity and transgender status. The directive takes effect immediately. OFCCP is the branch of the U.S. Department of Labor (“DOL”) that ensures that employers who contract with the Federal government comply with federal laws and regulations requiring nondiscrimination. Today’s announcement follows a similar statement from DOL in July,  and comes on the heels of President Obama’s signing of an Executive Order on July 21, 2014 protecting LGBT federal workers from discrimination and prohibiting employers that work with the federal government as contractors or subcontractors from discriminating on the basis of sexual orientation and gender identity. Together, these clarifications and protections affect an estimated to 28 million workers across the country and echo the outcome of Macy v. Holder, the 2012 case brought by Transgender Law Center on behalf of Mia Macy, in which the U.S. Equal Employment Opportunity Commission clarified that the definition of “sex” under Title VII, the federal law prohibiting employment discrimination, includes gender identity.

Click here to learn more about today’s announcement from OFCCP online.