Bush has appointed a new Special Counsel who has removed job protections against discrimination from gays and lesbians. Gays and lesbians, if Bush's appointee has his way, may now be fired for being gay, although the law prohibits discrimination against federal employees or job applicants on the basis of off-duty conduct that does not affect job performance.
Excerpts:
"Bloch said that the while a gay employee would have no recourse for being fired or demoted for being gay, that same worker could not be fired for attending a gay Pride event."
"(Washington, D.C.) Gay and lesbians in the entire federal workforce have had their job protections officially removed by the office of Special Counsel. The new Special Counsel, Scott Bloch, says his interpretation of a 1978 law intended to protect employees and job applicants from adverse personnel actions is that gay and lesbian workers are not covered."
"The federal government has a long-established practice of making employment decisions based on how well people can do their jobs, not on their sexual orientation or other factors," said HRC President Cheryl Jacques..."
The law, 5 USC 2302(b)(10), prohibits discrimination against federal employees or job applicants on the basis of off-duty conduct that does not affect job performance. Although there is no explicit reference to sexual orientation in the statute, it has long been interpreted to include sexual orientation. Executive Order 13087 - issued May 28, 1998 - reaffirmed that position.
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