Office of the Special Counsel Says Gays Again Protected

OSC Flip Flops - Gays Again Protected
by Paul Johnson
365Gay.com Newscenter
Washington Bureau Chief



Posted: April 8, 2004 8:02 pm. ET

(Washington, D.C.) The Office of the Special Counsel has finally conceded that it was wrong to have announced gays and lesbians working for the federal government were no longer protected against discrimination in the workplace.

In a statement released late Thursday Special Counsel Scott J. Bloch said, “It is the policy of this Administration that discrimination in the federal workforce on the basis of sexual orientation is prohibited.”

Last month Bloch said his interpretation of a 1978 law intended to protect employees and job applicants from adverse personnel actions is that gay and lesbian workers are not covered. (story) He said that gays, lesbians and bisexuals cannot be covered as a protected class because they are not protected under the nation’s civil rights laws.

The OSC in February began removing references to sexual orientation-based discrimination from its complaint form, the OSC basic brochure, training slides and a two-page flier entitled "Your Rights as a Federal Employee." (story)

Bloch's position was a marked departure from how the previous special counsel, Elaine Kaplan, enforced the law, and drew outrage from gay civil rights advocates and from Democrats.

The issue finally reached the White House March 31 when a group of Democratic lawmakers called on President Bush to overturn Bloch's decision. (story)

Following the release of the letter the White House said that federal workers are in fact protected.

“Longstanding federal policy prohibits discrimination against federal employees based on sexual orientation,” White House spokeswoman Maria Tamburri said. “President Bush expects federal agencies to enforce this policy and to ensure that all federal employees are protected from unfair discrimination at work.”

Bloch's office did not return phone calls Thursday to explain why it took him a week to follow the president's direction.

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.

"This is a victory for gay and lesbian employees," said New York Congressman Eliot Engel. "I look forward to the OSC quickly changing its web site to properly reflect that discrimination based on sexual orientation is a prohibited personnel practice."

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