Federal GLOBE-Gay,Lesbian,and Bisexual Employees of the Federal Government
United States Senate
WASHINGTON, DC 20510-3501
November 19, 1997
Mr. Stephen G. Bickford
Dayton, Ohio 45401-3235
Dear Mr. Bickford:
Thank you for contacting me with your request for a clarification of the Department of the Army policy on sexual orientation for civilian employees.
In 1993, after a review of Department of Defense (DOD) policy banning service of homosexuals in the armed services, the Congress and the
President crafted a policy intended to allow homosexuals to serve our country without being compelled to divulge their sexual orientation. Of course, the
continued service of all members of the military is dependent upon satisfactory conduct consistent with the Uniform Code of Military Justice.
As a civilian employee of the military, however, your friend would not fall under the same laws and regulations under which a service member
would fall. As a result I contacted the Department of the Army to determine whether there were any laws regulating employment discrimination in the
Army based upon sexual orientation. According to the Army, there is no specific policy regulating employment discrimination based on sexual orientation.
While no specific policy in the Army exists to prohibit discrimination based on sexual orientation, I was informed that civilian employees
could be protected under Executive Order 11478. Under Executive Order 11478, it is the policy of the federal government to provide equal opportunity in
employment for all persons on the principle of merit and qualifications without discrimination because of race, religion, sex, color, age, national
origin, disability, marital status, political affiliation, or any other nonmerit factor. Additionally, Title 5 of the U.S. Code, Sections 2301 and
2302 further clarify the merit system of principles and prohibited personnel practices in the federal government.
According to the Army, every military installation has an Equal Employment Opportunity (EEO) office working to ensure that employment
practices are consistent with all laws and regulations. Should any discrimination based on sexual orientation occur at a facility, the
affected employee should discuss the matter with the EEO office to pursue the proper grievance procedures.
Again, thank you for taking the time to share your views with me on this important issue. I trust this information will be of assistance.