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OFCCP Issues Directive Clarifying Sex-Based Discrimination Under E.O. 11,246

On August 19, 2014, the U.S. Department of Labor's Office of Federal Contract Compliance issued Directive 2014-02 clarifying the scope of Executive Order 11,246's prohibition of sex-based discrimination as including discrimination based on gender identity or transgender status. The directive confirms in this regard that the OFCCP will follow the Equal Employment Opportunity Commission's ruling in Macy v. Holder, 2012 WL 1435995. According to the OFCCP, however, the directive does not address gender identity as a "stand-alone protected category," which, along with sexual orientation is the subject of Executive Order 13,672.

http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html

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