|
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
|
RESULTS OF LEGAL REVIEW OF DISCRIMINATION STATUTE
FOR IMMEDIATE RELEASE - 4/8/04
CONTACT: CATHY DEEDS
(202) 254-3600
Special Counsel Scott J. Bloch today announced the results of the legal
review to determine the extent of jurisdiction of the office to process
claims under Title 5, Section 2302(b)(10).
“It is the policy of this Administration that
discrimination in the federal workforce on the basis of sexual orientation
is prohibited,” Bloch stated. “The Office of Special Counsel (OSC) has been
engaged in a review of its authority to process claims of sexual orientation
discrimination under Title 5, Section 2302(b)(10), which prohibits
discrimination on the basis of ‘conduct which does not adversely affect the
performance of the employee or applicant or the performance of others.’ OSC
has always enforced claims of sexual orientation discrimination based on
actual conduct. Based on its review, OSC has concluded that such authority
exists in cases other than actual conduct when reasonable grounds exist to
infer that those engaging in discriminatory acts on the basis of sexual
orientation have discriminated on the basis of imputed private conduct. Such
inferences apply to all claims under Section 2302(b)(10), including, but not
limited to, sexual orientation discrimination claims. The materials formerly
on OSC’s Web site were not clear about the statutory basis for OSC’s
authority. OSC believes that the materials currently on its Web site are
consistent with the view of the law described above, but intends to review
and revise those materials as necessary to ensure that employees are fully
aware of the protections provided.”
The Office of Special Counsel is an independent
investigative and prosecutorial agency. Its primary mission is to safeguard
the merit system in federal employment by protecting federal employees and
applicants from prohibited personnel practices, especially retaliation for
whistleblowing. OSC also has jurisdiction over the Hatch Act and the
Uniformed Services Employment and Reemployment Rights Act.
For more information about OSC, please visit our Web
site at www.osc.gov.
***
|