Executive Order 13087

Executive Order 13087

Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation.In a statement issued the same day that he signed the order, President Clinton said, "|The Executive Order states Administration policy but does not and cannot create any new enforcement rights (such as the ability to proceed before the Equal Employment Opportunity Commission). Those rights can be granted only by legislation passed by the Congress, such as the Employment Non-Discrimination Act. [cite web
title=1998-05-28 Statement on Amendment to EEO Executive Order

The order applies to civilian employees of the American military, [cite web
title=PERMISS - Civilian Sexual Orientation Policy
author=United States Army
work=Personnel Management Information and Support System (PERMISS)
] but uniformed members of the armed forces are excluded from protection, being under the Don't ask, don't tell policy issued by Clinton in 1993. Furthermore, as Clinton's statement makes clear, an executive order cannot expand existing legislation such as the Civil Rights Act of 1964, so federal employees cannot appeal claims of discrimination to the EEOC. However, they can file complaints under the grievance procedure of the agency they work for, and under certain conditions may appeal their claims to the Merit Systems Protection Board or the Office of Special Counsel. [cite web
title=Addressing Sexual Orientation Discrimination In Federal Civilian Employment: A Guide to Employee's Rights
author=U.S. Office of Personnel Management
authorlink=Office of Personnel Management

In 2005, The Human Rights Campaign and others claimed that "the head of the Office of Special Counsel, Scott Bloch, refuses to enforce these longstanding non-discrimination protections." [cite web
title=Clarification of Federal Employment Protections Act
author=Human Rights Campaign

The issuance of the order gave rise to controversy. [cite web
title=Order Offers Equal, Not Special, Protection for Gays
author=Anthony E. Varona
coauthors=Kevin Layton, Christine Clark-Trevino
work=New Jersey Law Journal
] Opponents in Congress claimed that it would provide "special privileges" and "special breaks for special interests," and the conservative Southern Baptist Convention passed a resolution on June 11, 1998, asking the President to rescind the order, demanding that Congress nullify it if he did not do so. However, according to the Equal Opportunity Commission, "|Executive Order 13087 did not create any new rights; however, it did set the stage for positive and constructive action by all units of the federal government to make certain that the workplace is one free from harassment and discrimination. [cite web
title=Facts About Discrimination Based on Sexual Orientation, Status as a Parent, Marital Status and Political Affiliation
author=U.S. Equal Employment Opportunity Commission
authorlink=Equal Employment Opportunity Commission

External links

* [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_register&docid=fr02jn98-135.pdf Text of Executive Order 13078] in the Federal Register (PDF document)
* [http://www.opm.gov/er/address2/guide01.asp Office of Personnel Management, "Addressing Sexual Orientation Discrimination In Federal Civilian Employment: A Guide to Employee's Rights"]
* [http://www.fedglobe.org/actions/HRC-EOarticle.htm Federal GLOBE, "Order Offers Equal, Not Special, Protection for Gays"]
* [http://www.fedglobe.org/actions/a.htm Federal GLOBE, "President's Order Protects Workers"]
* [http://www.advocate.com/news_detail.asp?id=3222 "The Advocate", "Complaint filed against allegedly antigay Bush appointee"]


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