Washington, D.C.- U.S. Senator Daniel K. Akaka (D-HI) today introduced the
Clarification of Federal Employment Protections Act to guarantee longstanding protections for federal employees who are discriminated against on the basis of their sexual orientation. The bill is cosponsored by Senators Joe Lieberman (ID-CT), Susan Collins (R-ME), Carl Levin (D-MI), Patrick Leahy (D-VT), Russell Feingold (D-WI), and Hillary Clinton (D-NY). Representative Henry Waxman (D-CA), chairman of the House Oversight and Government Reform Committee, has introduced a companion bill in the House.
The bill seeks to address the new interpretation of law by Special Counsel Scott Bloch, who is charged with protecting federal employees from prohibited personnel practices. The previous Special Counsel as well as the current and previous Directors of the Office of Personnel Management have held that 5 USC 2302(b)(10) protects employees from discrimination based on sexual orientation. However, Mr. Bloch announced in 2004 that the statute only protects employees for discrimination based on sexual conduct, not their orientation or status.
"One Administration official's personal interpretation of the law cannot be permitted to undermine the merit system or the rights and protections of federal workers. Congress must act to guarantee protections from discrimination based on sexual orientation provided to federal employees and applicants for federal employment," Senator Akaka said.
The Clarification of Federal Employment Protections Act would affirm that employees are protected from sexual orientation discrimination is by 5 USC 2302(b)(10) and also clearly spell out the protection under 5 USC 2302(b)(1) to avoid any future misinterpretation.
Senator Akaka is Chairman of the Senate Homeland Security and Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
Chairman Akaka's Senate floor statement in support of the bill can be found at:
http://akaka.senate.gov/public/index.cfm?FuseAction=Speeches.Home&month=5&year=2007&release_id=1681
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