Additional Employment Discrimination Protections for Federal Workers

Federal government employees may file claims of discrimination on any of the bases covered under the laws the Equal Employment Opportunity Commission (EEOC) enforces, and may also file under additional bases. Some key examples are as follows:

  • The Civil Service Reform Act of 1978 (CSRA), protects federal government applicants and employees from discrimination “based on race, color, sex, religion, national origin, age, disability, marital status, political affiliation, or on conduct which does not adversely affect the performance of the applicant or employee—which can include sexual orientation or transgender (gender identity) status.”
  • The EEOC has also issued executive orders to expand prohibitions against discrimination for federal workers.
  • Executive Order 11478 prohibits discrimination against federal workers on the basis of “race, color, religion, sex, national origin, handicap, age, sexual orientation or status as a parent, and to promote the full realization of equal employment opportunity through a continuing affirmative program in each executive department and agency.”
  • Executive Order 13152 defines the phrase “status as a parent” as “the status of an individual who, with respect to an individual who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is: a biological parent, an adoptive parent, a foster parent, a stepparent, a custodian of a legal ward, in loco parentis over such individual, or actively seeking legal custody or adoption of such an individual.”
  • Accordingly, a federal employee who is the victim of discrimination may be able to bring separate causes of action. For example, he or she can bring a claim of sex discrimination under Title VII, and a claim of sexual orientation discrimination under Executive Order 11478.

If you have any questions regarding New York City sexual harassment or workplace discrimination, contact an experienced New York labor and employment law attorney.

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