The Nondiscrimination Protections of Millions of Workers Are Under Threat

Center for American Progress logoOn August 15, 2019, the Office of Federal Contract Compliance Programs (OFCCP) in the U.S. Department of Labor published a proposed rule that seeks to significantly expand the number of federal contractors eligible for a religious exemption, including contractors far beyond those that courts have previously ruled qualify as a “religious corporation, association, educational institution, or society.”1 Such a change would make millions of U.S. workers vulnerable to discrimination for not sharing their employers’ religious beliefs.2

This issue brief examines how the Trump administration’s proposed rule would weaken nondiscrimination protections available under executive order (EO) 13672. The brief begins by providing background information on the EO and exploring how the proposed rule would undermine it. It then explains why any loss of nondiscrimination protections disproportionately harms LGBTQ workers. Finally, the brief’s authors analyzed publicly available federal contracting data and found no evidence that EO 13672 has excluded faith-based organizations from contracting with the federal government. Continue reading “The Nondiscrimination Protections of Millions of Workers Are Under Threat”

Justice Department Declares Anti-Gay Discrimination Is Constitutional

The Trump administration has just urged the U.S. Supreme Court to rule that firing an employee simply because they are gay is perfectly legal. The request comes in the form of a 34-page amicus brief, which was not required, but voluntary.

The brief, signed by Trump Solicitor General Noel Francisco, tells the Court it is the opinion of the administration’s Dept. of Justice that a “plain text” reading of the Civil Rights Act of 1964 does not protect gay people in the workplace from discrimination, including firing for being gay, as The Washington Blade, which was first to report, notes.

“The question here is not whether Title VII should forbid employment discrimination because of sexual orientation, but whether it already does,” the brief says. “The statute’s plain text makes clear that it does not; discrimination because of ‘sex’ forbids treating members of one sex worse than similarly situated members of the other — and discrimination on the basis of sexual orientation, standing alone, does not result in such treatment.”

View the complete August 23 article by David Badash from the New Civil Rights Movement on the National Memo website here.

HHS nearing plan to roll back transgender protections

The Trump administration is preparing to roll back protections for transgender patients while empowering health care workers to refuse care based on religious objections, according to three officials with knowledge of the pending regulations.

The long-expected rules have alarmed patient advocates and public health groups, which have warned the health department that the rules could harm vulnerable populations’ access to care. Meanwhile, the rules have been eagerly anticipated by religious-rights groups and conservative states that have lobbied for the changes.

The controversial rules — which the Trump administration has been scrutinizing for more than a year to prepare for expected legal challenges — have been closely guarded inside the administration, following several media reports on the efforts that sparked backlash and complicated officials’ strategy. Officials say the two health department rules are now expected within the next 10 days.

View the complete April 24 article by Dan Diamond on the Politico website here.