An announcement from the Department of Labor:
OFCCP has posted Directive 2014-02, Gender Identity and Sex Discrimination (DIR 2014-02):
On June 30, 2014, the Secretary announced that DOL is updating its enforcement protocols and nondiscrimination guidance to reflect that DOL provides the full protection of the federal nondiscrimination laws that it enforces to individuals with claims of gender identity and transgender status discrimination. In accordance with this announcement, as well as with the EEOC’s decision in Macy v. Holder and the Title VII case law on which it is based, DIR 2014-02 clarifies that under Executive Order 11246, as amended, discrimination on the basis of sex includes discrimination on the bases of gender identity and transgender status.
The directive reaffirms that in compliance evaluations and complaint investigations, OFCCP fully investigates and seeks to remedy instances of sex discrimination that occur because of an individual’s gender identity or transgender status. The directive explains that, when investigating such instances of potential discrimination, OFCCP adheres to the existing Title VII framework for proving sex discrimination, as outlined in OFCCP’s Federal Contract Compliance Manual.
DIR 2014-02 takes effect immediately.
The directive is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html.
How does it apply to hiring managers?
For most recruiters and hiring managers the policy should have no effect. But you should be aware of ‘sex stereotyping’ – applying specifically masculine or feminine properties to a job description or requiring them in a hire.
To quote the directive:
The EEOC identified sex stereotyping as one way in which a transgender employee, job applicant, or former employee could prove sex discrimination. Specifically, disparate treatment of a transgender employee because he or she does not conform to the gender stereotypes associated with his or her biological sex is a form of sex discrimination—a theory frequently upheld by federal courts. The EEOC noted that Title VII prohibits discrimination based on gender, which “encompasses not only a person’s biological sex but also the cultural and social aspects associated with masculinity and femininity.” Macy, 2012 WL 1435995 at *6.
