Bills Would Affirm Anti-Bias Laws Cover Sexual Orientation
By Stephen Barr
Tuesday, May 15, 2007; Page D04
In an effort to clear up conflicting interpretations of civil service law, legislation has been introduced to provide protection for federal employees against discrimination based on sexual orientation.
Bills sponsored by Sen. Daniel K. Akaka (D-Hawaii) and Rep. Henry A. Waxman (D-Calif.) would affirm that the government's gay employees may appeal to the Merit Systems Protection Board and that the Office of Special Counsel may prosecute cases in which employees believe they have encountered bias, such as a supervisor who fires a worker because of his or her sexual orientation.
At issue are differing and legally complex views on civil service law that emerged shortly after President Bush took office and appointed Scott Bloch as the head of the Office of Special Counsel.
Bloch's agency investigates complaints from federal workers who allege unfair treatment by their superiors or their agencies. The merit board rules in cases brought by employees who are appealing major disciplinary action by their agencies.
The House and Senate bills would repudiate a stance taken by Bloch, who has said that, under the law, federal employees are protected from discrimination based on their conduct, such as an off-duty appearance in a gay pride celebration, but that the law does not extend to protections against discrimination based on sexual orientation.
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