The Leadership Conference on Civil and Human Rights

Under Pressure, Bush Appointee Restores GLBT Anti-Discrimination Information

Feature Story by civilrights.org staff - 4/23/2004

After encountering criticism from several civil rights and human rights organizations, a Bush Administration appointee at the Office of Special Counsel reinstalled information regarding federal discrimination protections for gays, lesbians, bisexuals, and transgenders.

"This is an encouraging sign and we look forward to the restoration of full protection," said HRC President Cheryl Jacques. "No employer should be given a pass on discrimination."

The new appointee, Scott J. Bloch, had removed the anti-discrimination language from the OSC's website, OSC training slides, and an OSC brochure titled "Your Rights as a Federal Employee."

Bloch had defended his action by claiming uncertainty in the legal interpretation of the provision between sexual "conduct" and sexual orientation, however the 1978 Civil Service Act prohibits discrimination against federal employees and applicants on the basis of off-duty conduct that does not affect job performance. Although the statute does not refer to sexual orientation specifically, it has long been interpreted to include sexual orientation. In 1998, Executive Order 13087 affirmed that.

Initially, Bloch said the office would review the statute.

"We intend to continue enforcement for all manner of personal conduct that falls within the meaning of the statute, and to consult with professionals in my office, as well as outside my office, to ensure that a thorough and fair legal review occurs," Bloch had said.

After facing disapproval from civil rights and human rights advocates, OSC revisited the policy regarding federal discrimination protections. Ultimately, Bloch and OSC restored the policy .

"Based on its review, OSC has concluded that such authority exists in cases other than actual conduct when reasonable grounds exist to infer that those engaging in discriminatory acts on the basis of sexual orientation have discriminated on the basis of imputed private conduct," Bloch said.