The DOL environment

The environment for gay, lesbian, bisexual, and transgendered employees at the Department of Labor has improved alongside many private and federal workplaces. We have seen many positive changes since 1992, when Labor-GLOBE was founded. Still, the level of respect that we receive from others at DOL varies depending on the individual, office, and agency. Misconceptions about gay, lesbian, and bisexual people are still pervasive. Labor-GLOBE is committed to working to create and maintain a safe workplace for gay, lesbian, and bisexual employees at the Department. We work with the Department's Office of Civil Rights as well as the Office of Assistant Secretary of Administration and Management to ensure that equal employment protections are communicated and enforced.

Equal Opportunity Employment Policy

In 1994, Labor-GLOBE worked with then-Secretary of Labor Robert Reich, Director of the Civil Rights Center, Annabelle Lockhart, and AFGE Local 12 officials to extend EEO provisions to GLBT workers at the Department and to publicize those policies.

The Civil Rights Center extended the Department's EEO Policy to include "sexual orientation" in the list of protected categories. In 1998, Labor Secretary Alexis Herman renewed that policy with an accompanying statement. Reliance on that policy became unnecessary with the 1998 issuance of Executive Order 13087 by President Clinton. The EO extended protections to all GLBT federal employees.

GLBT federal employees, however, still do not have the same protections as other groups. While we can choose to use agency EEO procedures to file complaints, we do not have a right to appeal decisions to the Equal Employment Opportunity Commission (as do other groups protected through the Civil Rights Act of 1964). If an employee is discriminated against, he or she must decide what avenue of redress to pursue. At DOL, these include: filing a complaint with the Office of Civil Rights, filing a union grievance, or filing a complaint with the Office of Special Counsel. These options are briefly described in a DOL memo They are more clearly articulated, however, in a Department of Commerce FAQ document on discrimination and in the Department of Interior's avenues of redress policy.

The extension of the policy in 1994 and the E.O. extended the responsibilities of the Civil Rights Center, opening their procedures to employees who believe they have been discriminated against based on their sexual orientation. The extension of the CRC policy in 1994 was legally supported by the existence of the Civil Service Reform Act of 1978 . This law disallows discrimination in federal service based on "non-merit factors." A 1980 OPM interpretation of the CSRA specifically interpreted the law to include discrimination based on sexual orientation. This interpretation was reiterated in 1993.

Union Protection

Also in 1994, both AFGE Local 12 and NCFLL (National Council of Field Labor Locals) signed memoranda of understanding that opened union grievance procedures (for bargaining unit employees) to complaints based on sexual orientation. AFGE Local 12 supported equal opportunity for GLBT employees at the Department even before Labor-GLOBE was founded.

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