Policy Once Again Protects Gay Workers

The agency charged with protecting federal employees from bias in the workplace revised its policy Thursday to include sexual orientation.

Bowing to pressure from the White House, the Office of the Special Counsel reinstated the longstanding antidiscrimination policy, which it had put on hold in February pending a “legal analysis.”

“It is the policy of this administration that discrimination in the federal workforce on the basis of sexual orientation is prohibited,” said Scott Bloch, the head of the agency.

The agency was created by the 1978 Civil Service Reform Act, which bars discrimination “on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others.” It investigates and prosecutes claims of discrimination against federal workers and job applicants.

Bloch, an appointee of President Bush who took office in January, had said earlier this year that sexual orientation was not covered as a “conduct” under the law. The agency removed references to sexual orientation from its website and complaint forms in late February.

An outcry from Democrats in Congress and gay-rights groups over the rule change prompted a public rebuke by the White House last week.

“OSC has always enforced claims of sexual orientation discrimination based on conduct,” Bloch said Thursday. “Based on its review, OSC has concluded that such authority exists in cases other than actual conduct when reasonable grounds exist.”

Cheryl Jacques, president of the Human Rights Campaign, a gay rights organization, said, “This is an encouraging sign, and we look forward to the restoration of full protection.”