Are you aware of new guidance that has come from the Department of Labor (Executive Order 11246) regarding gender discrimination?
The new rule below will go into effect on August 15, 2016 and is an employer requirement.
It is our understanding that there is no transitional relief and that Federal Government Contractors need to comply with this Executive Order by August 15, 2016.
This new guidance from the DOL is for Federal Government Contractors only.
Details of 41 CFR § 60-20.6 – Other fringe benefits:
(a) It shall be an unlawful employment practice for a contractor to discriminate on the basis of sex with regard to fringe benefits.
(b) As used herein, the term “fringe benefits” includes, but is not limited to, medical, hospital, accident, life insurance, and retirement benefits; profit-sharing and bonus plans; leave; and other terms, conditions, and privileges of employment.
The below guidance was included in the FAQs:
- Protects transgender workers.
- The rule makes clear that sex discrimination includes discrimination because of an employee’s gender identity.
- Also, the rule requires contractors to allow workers to use bathrooms, changing rooms, showers, and similar facilities consistent with the gender with which the workers identify.
- In addition, the preamble to the rule notes that an explicit, categorical exclusion of coverage for all care related to gender dysphoria or gender transition is facially discriminatory because such an exclusion singles out services and treatments for individuals on the basis of their gender identity or transgender status.