Federal GLOBE

Gay, Lesbian, Bisexual Employees of the Federal Government

CHECKLIST FOR IMPLEMENTING EXECUTIVE ORDER 13087 issued MAY 28^TH 1998

Agencies should undertake a comprehensive review of current agency policies to ensure compliance with the language and intent of the May 28 Executive Order. Many of these items should be incorporated in performance plans as elements for evaluation.

 

Policy Articulation

Administrative Redress Procedures

Union/Negotiated Redress Procedures

Training

Diversity Programs

Hiring and Outreach

Benefits

 Policy Articulation:

1.                  Issue Non-discrimination policy statement prohibiting discrimination on the basis of sexual orientation. (Performance plan of agency and unit/bureau/division/etc heads.)

Models: Department of Transportation and US Coast Guard (Appendix 2)

 

2.                  Disseminate strong, clear, public statements on a regular basis that state the agency's commitment to ending discrimination, its conviction that violence and harassment are entirely unacceptable, and its appreciation of the value of diversity, including diversity of sexual orientation and gender identity.

 

3.                  Include sexual orientation in all Agency policies and statements which address non-discrimination and workplace behavior.^[1]  Use the following language: This agency does not discriminate based on race, color, religion, sex, sexual orientation, national origin, marital status, age, political affiliation, or disability.

 

Administrative Redress Procedures:

4.                  Establish internal agency redress procedure and processes for the use by civilian employees to address complaints of discrimination and harassment based on sexual orientation.^[2]

Models: Department of Interior (Appendix 3)

 

5.                  Develop and promulgate clear and understandable guidance for employees. These should be widely disseminated and discussed.  They should be periodically reissued.  They should be available on agency intrawebs.

Model: Department of Commerce booklet: Sexual Orientation Discrimination: Questions and Answers. (Appendix 4)

 

6.                  Include sexual orientation as part of protected categories in the employee’s right to file an EEO complaint in proposed adverse actions. Use the following language: You also have the right to file an Equal Employment Opportunity (EEO) complaint within the Department (Agency) in accordance with (Policy Directive), if you believe this action is based on prohibited discrimination because of your  race, color, religion, sex, sexual orientation, national origin, marital status, age, political affiliation, or disability. To do so you must first contact an EEO counselor within forty-five (45) calendar days of the effective date of this (identify action).

 

7.                  Include a separate paragraph in all adverse/disciplinary actions advising employees of their right to file a prohibited personnel practice complaint to the Office of Special Counsel.  Use the following language: If you are not covered by a negotiated grievance procedure, you also have the right to file a Prohibited Personnel Practice (PPP) Complaint to the Office of the Special Counsel (OSC) if you feel that this action has been taken due to a non-merit reason, such as your sexual orientation. Employees who are covered by collective bargaining agreements who allege a PPP must choose either an MSPB appeal under 5 U.S.C. 7701, a grievance, or an OSC complaint.

 

Union/Negotiated Redress Procedures:

8.                  Review all negotiated bargaining agreements for inclusion of non-discrimination policy and redress procedures for discrimination and harassment based on sexual orientation.

 

9.                  Make as non-negotiable, the inclusion of  non-discrimination policy and redress procedures for discrimination and harassment based on sexual orientation in all future bargaining unit negotiations.^[3] This presents an opportunity to partner with and work closely with union organizations in your agency.

 

10.              Encourage labor and professional organizations to adopt inclusive policies and supportive services available to their members.

 

 

Training:

11.              All EEO personnel as well as HR professionals, EAP staff, managers and union stewards should have training on issues surrounding sexual orientation in the workforce.  This includes homophobia/heterosexism workshops, conflict resolution and sensitivity seminars to identify specific GLBT concerns to increase knowledge, awareness and sensitivity to sexuality, sexual and gender orientation/identity, and "coming out" issues. Speakers on these topics should be invited to the agency, mainstreamed into all diversity events, and invited to participate at EEO events and conferences. You can contact Federal GLOBE for speakers on these topics.  Additionally, relevant personnel should receive training on physical and mental health issues of specific relevance to GLBT employees.  Materials from the American Psychological Association and other groups provide excellent examples.

 

12.              Ensure that all EEO and like training materials used by agency trainers and contractors are consistent with policy and highlight this policy and that all training include modules on sexual orientation when appropriate.

 

13.              Provide ongoing sensitivity training and employee development on GLBT issues for all employees. Federal GLOBE has developed a workshop to educate employees concerning sexual orientation and related workplace issues.  For further information about the Federal GLOBE sexual orientation workshop, please contact Rob Sadler (202 543-9583).

 

14.              Due to the lack of information and sensitivity to the range of issues involving sexual orientation in the workplace, department and agency heads should lead by taking sensitivity training and should consider establish a mechanism to ensure continued constructive dialog and development in making their workplace a model for the government.

 

Diversity Programs:

15.              Establish formal diversity programs (actively include HR, labor organizations, EAP, employee resource groups, and other appropriate organs) based on successful corporate models (e.g. AT&T, Xerox, Apple). There are now several successful diversity programs in the Executive Branch, such as at the Postal Service and at NOAA.  These programs should develop resources and programs on sexual orientation in the workplace and in society.

 

16.              Create a "diversity" library and make available diversity information and training materials to all employees. GLBT employee organizations should consider developing an archive of information on GLBT workplace issues available to Department and agency offices and to employees.

 

Hiring and Outreach:

17.              Enact procedures of active outreach in hiring openly GLBT and/or GLBT-sensitive managers and employees throughout your agency through advertising in GLBT media, the development of links with major GLBT organizations and the selection of GLBT-friendly recruitment services.

 

18.              Include policies regarding nondiscrimination in all recruitment brochures and announcements, agency publications, and new-employee orientation materials. Use the following language: All candidates (employees) will receive consideration without regard to any non-merit factor such as race, color, religion, sex, sexual orientation, national origin, marital status, age, political affiliation, or disability.

 

19.              Ensure that all of the above policies and procedures are in writing, and are clear, consistent, accessible, and well-publicized throughout the agency.

 

20.              Ensure that, when engaging in joint projects, outreach and procurement activities, partners have policies consistent with government non-discrimination policy.

 

21.              Include the creation of a workplace free from sexual orientation harassment and discrimination in Supervisory critical Job Elements.  Use the following language: Enforces a non-discriminatory environment by communicating and reinforcing policies of work-force diversity and equal employment opportunity.  Takes action in a timely fashion against inappropriate or offensive acts, materials, remarks, etc.

 

22.              Hire openly GLBT and GLBT-sensitive therapists/counselors (EAP/EEO), employees, and administrators.

 

 

 

Benefits:

23.              Ensure equal access and equality of all benefits and privileges granted to employees, inter alia, relocation benefits, access to facilities and services, domestic partner visas, bereavement leave, insurance coverage, access to Government resources (e.g., meeting space, electronic bulletin boards, the agency website, administrative leave), equality of treatment for GLBT couples wherever possible.^[4]

 

24.              Agencies should change recruitment, hiring, promotion, career development, and incentive awards programs to eliminate bias and discrimination based on sexual orientation.

 

25.              Support GLBT employee resource and networking groups.  If the agency offers official recognition to any special emphasis groups, ensure that agency GLOBE groups receive the same recognition and standing.

 

26.              Cover the expenses of employees attending appropriate training and awareness conferences on GLBT workplace or agency-relevant substantive issues.^[5]

 

27.              Make available career development and mentoring programs inclusive of GLBT employees and advertise such programs throughout the agency.

 

28.              Provide official recognition, support, and funding of GLBT employee organizations and events, such as pride events during the month of June; Ensure physically safe, secure, and appropriate space with a welcoming, safe environment for GLBT employee organizations for meetings, social events, lectures, workshops, and other activities.

 

29.              Include the location and availability of resources of value to GLBT employees is included in agency published materials distributed to employees.

 

30.              Designate an official ombudsperson or other clearly recognized, identified, and publicized official liaison to the GLBT employee community.

 

31.              Consider, in creating internship opportunities, outreach among GLBT-owned businesses and GLBT activist and community service organizations.

 

32.              Ensure that department and agency publications include and provide adequate and fair coverage of GLBT employee organization issues and activities.