SUMMARY: This document revises the Department of Justice policy with regard to the nondiscrimination in employment to include sexual orientation as a prohibited basis for discrimination. This revised rule also makes clear that retaliation for opposing a prohibited practice or participating in a related proceeding is prohibited. This action promotes the equitable treatment of employees and applicants for employment
EFFECTIVE DATE: June 26, 1996.
FOR FURTHER INFORMATION CONTACT:
Ted McBurrows, Director, Equal Employment Opportunity Staff, Room 1246, 10th & Pennsylvania Ave., NW, Washington, DC 20530, (202) 616-4800.
SUPPLEMENTARY INFORMATION:
In 1994, pursuant to 5 U.S.C. 301, the Attorney General issued several policy statements prohibiting discrimination on the basis of sexual orientation and affirmatively promoting the principles of equal employment opportunity. The Attorney General is revising 28 CFR 42.1 to reflect this policy. This policy affects agency operation and procedures, and therefore is exempt from the notice requirement of 5 U.S.C. 553(b) and is effective upon issuance.
This rule has been drafted and reviewed in accordance with section 1(b) of Executive Order 12866. This rule is not a "significant regulatory action" under section 3(f) of Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget. In accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Attorney General certifies that this rule will not have a significant economic impact on a substantial number of small entities.
This rule will not have a substantial direct impact upon the states, on the relationships between the national government and the states, or on distribution of power and responsibilities among the various levels of government. Therefore, this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment in accordance with Executive order 12612.
List of Subjects in 28 CFR Part 42 Administrative practice and procedure, Age, Civil rights, Equal Employment Opportunity, Grant programs, Individuals with disabilities, Reporting and recordkeeping, Sex discrimination.
Accordingly, for reasons set out in the preamble, 28 CFR Part 42 is amended as set forth below.
PART 42--EQUAL EMPLOYMENT OPPORTUNITY WITHIN THE DEPARTMENT OF JUSTICE
1. The authority citation for Part 42 Subpart A is revised to read as follows:
Authority: 5 U.S.C. 301, 28 U.S.C. 509, 510; E.O. 11246, 3 CFR 1964-1965
Comp., p. 339; E.O. 11478, 3 CFR 1966-1970 Comp., p. 803.
2. Section 42.1 is revised to read as follows:
Sec. 42.1 Policy.
(a) It is the policy of the Department of Justice to seek to eliminate discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, political affiliation, age, or physical or mental handicap in employment within the Department and to assure equal employment opportunity for all employees and applicants for employment.
(b) No person shall be subject to retaliation for opposing any practical prohibited by the above policy or for participating in any stage of administrative or judicial proceedings related to this policy.