President Obama intends to issue an Executive Order prohibiting sexual orientation and gender identity discrimination by federal contractors.  Also in support of LGBT Pride Month, Secretary of Labor Thomas Perez recently blogged that the DOL is “updating enforcement protocols and anti-discrimination guidance to clarify that [the DOL] provides the full protection of the federal non-discrimination laws that [the DOL] enforces to transgender individuals” including Title VII of the Civil Rights Act of 1964.

Secretary Perez says OFCCP will be involved:  “The Office of Federal Contract Compliance Programs and Civil Rights Center, along with the Employment and Training Administration, will issue guidance to make clear that discrimination on the basis of transgender status is discrimination based on sex.”

It’s not clear whether this guidance will be pursuant to the President’s forthcoming Executive Order which may require proposed regulations to implement.  However, the blog post indicates the guidance is not limited to federal contractors but will apply to all employers subject to Title VII.