Everyone has a sexual orientation. It refers to a person's emotional, romantic and sexual attraction to individuals of a particular gender (male or female). It is sometimes referred to as sexual preference, though this term adds the concept of sexuality as fluid, and incorporates the element of choice. Sexual identity is often interpreted as describing an individual's perception of their own sex, rather than sexual orientation.
People are usually classified as heterosexual if their sexual focus is primarily people of the opposite sex/gender, homosexual if it is people of the same sex/gender, and bisexual if it is both men and women. The terms straight, gay, and lesbian are less formal terms, commonly used by people to describe themselves and their friends and family. They have been adopted by the press and more commonly used today in most circles.
Sexual orientation shouldn't be an issue in the workplace. However, it sometimes becomes one because of prejudices among employees, preconcieved notions, or misunderstandings of legally binding protections. Employees should expect to be treated according to their role and performance at work, not their sexual orientation.
There are federal laws that protect employees from discrimination and/or harrassment on the basis of many factors. The Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin. Other Acts, such as the Age Discriminationin Employment Act of of 1967, and the Rehabilitation Act of 1973 provide protections for people based on age, or disabilities.
Gay, lesbian, bisexual, transgender (GLBT) employees are protected, not by an act of congress, but by Executive Order 11478, as amended by Executive Order 13087, signed by President Clinton in 1998, to protect against discrimination over sexual preference in hiring, firing and promoting federal employees. The Executive Order was retained by President Bush. Because of these protections, and efforts of the Office of Equal Employment Opportunity and Diversity Management, GLBT employees should feel accepted, and a valued part of the diverse FDA workforce.
FDA employees are also afforded protections by the agency policies related to diversity, and included under the FDA EEO and Diversity Policy Statement, signed by the Commissioner of Food and Drugs. The policy assures that employees have a discrimination and harassment-free workplace.
Executive Order 13087, issued on May 28, 1998, prohibits discrimination based upon sexual orientation within Executive Branch civilian employment. The Executive Order states this policy uniformly by adding sexual orientation to the list of categories for which discrimination is prohibited. The other categories are race, color, religion, sex, national origin, handicap, and age. On May 2, 2000, Executive Order 13153 added "status as a parent" to the list of categories for which discrimination is prohibited.
It is the policy of the Federal Government to provide an equal opportunity to all of its employees. Federal employees should be able to perform their jobs in workplaces free from discrimination-whether that discrimination is based on color, religion, sex, national origin, handicap, age or sexual orientation. The President's Executive Order states, as a matter of Federal policy, that a person's sexual orientation should not be the basis for the denial of a job or a promotion. As the Nation's largest employer, the Federal Government sets an example for other employers that employment discrimination based upon sexual orientation is not acceptable.
Existing Federal law prohibits discrimination in certain employment decisions when the decisions are based upon conduct that does not adversely affect employee performance. Federal employees should be able to perform their jobs in workplaces free from discrimination.
The new Executive Order amends section 1 of Executive Order 11478 (1969), which now reads, in part, as follows:
Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows:
Section 1. 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 through a continuing affirmative program in each executive department and agency. This policy of equal employment 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.
The US. Office of Personnel Management web site provides information about addressing sexual orientation discrimination in federal civilian employment.
Insurance, retirement, and health care benefits such that may be extended to married spouse of a federal employee are not available to domestic partners. These benefits are determined by law and regulation, and must be addressed by congress. They are not within the jurisdiction of the agency.
However, GLBT employees at FDA can share some employee benefits with their domestic partners. For example, domestic partners can be designated as beneficiaries of an employee's Thrift Savings Plan and life insurance policies. Employees need to file appropriate beneficiary forms
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On July 6, 2009, HHS sent a message to all employees from the Office of Human Resources: Same Sex Domestic Partners' Benefits, with the following content:
On June 17, 2009, President Obama issued a memorandum requesting the Director of the Office of Personnel Management (OPM) to extend benefits to qualified same-sex domestic partners of Federal employees as consistent with law. The purpose of this notice is to share available information about same-sex domestic partners’ eligibility for benefits and leave.
FEDERAL LONG TERM CARE INSURANCE PROGRAM (FLTCIP)
OPM is currently updating regulations to add same-sex domestic partners of Federal and U.S. Postal Service employees and annuitants as qualified relatives eligible to apply for coverage under the Federal Long Term Care Insurance Program (FLTCIP). Until the regulations are effective, same-sex domestic partners cannot apply for coverage under the FLTCIP.
Proposed regulations will be published in the Federal Register this summer, allowing a 30 day public comment period. OPM will review those comments and issue final regulations as soon as possible thereafter.
LEAVE
OPM also plans to issue proposed regulations in the near future to modify its definitions of “family member” and “immediate relative” for purposes related to the use of sick leave, funeral leave, voluntary leave transfer, voluntary leave bank, and emergency leave transfer.
Specifically, they are adding new definitions of “son and daughter”, “parent”, and “domestic partner”. This proposal will help ensure that agencies are administering leave consistently for a diverse workforce and providing the broadest support possible to help employees balance their increasing work, personal, and family obligations.
The proposed regulations on leave will be published in the Federal Register, allowing a 60 day public comment period. OPM will review those comments and issue final regulations as soon as possible thereafter.
FEHB, FEGLI, FEDVIP, FSAFEDS
Same-sex domestic partner coverage cannot be extended under the FEHB (health insurance), FEGLI (life insurance), FEDVIP (dental and vision insurance) or FSAFEDS (flexible spending account) programs without legislation, therefore, the Presidential memorandum does not affect those programs.
If you have any questions about the proposed regulations, please contact your servicing Human Resources Center http://intranet.hhs.gov/ohr/contacts.html for assistance.
For those who cannot access the HHS Intranet, please contact your designated HR Center below:
Atlanta Human Resources Center (CDC/ATSDR) (770) 488-1725 TDD: (770) 488-1228
Baltimore Human Resources Center (CMS) 1-888-423-2737 TDD: (410) 786-0727
Rockville Human Resources Center (ACF/AHRQ/AoA/FDA/HRSA/OS/OIG/PSC/SAMHSA) 1-888-447-3742 TDD: (301) 480-0434
Indian Health Service (Headquarters Contact: Pauline Hoffman) (301) 443-1160 TDD: None available
National Institutes of Health (301) 496-4556 TDD: 1-800-735-2258
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