5 actions USAID contractors should take to comply with LGBT final rule

“Sexual orientation” and “gender identity” will soon appear in the list of protected groups in all United States federal contractor employment language. Organizations — with at least 50 employees and at least $50,000 in contracts with the federal government — are expected to make the changes according to the new rule under executive order 11246, which currently ensures that job applicants and employees are treated without regard to their race, color, religion, sex and national origin. It’s a good idea to go over the language with a contract attorney to review your relationship with the federal government, be aware of contract totals and determine what flows down from federal money or not, Joanna Colosimo, senior consultant at DCI Consulting Group, told Devex. The expected costs to employers resulting from the rule are minimal and limited to those associated with updating employment policies and equal opportunity clauses, as well as administrative costs associated with providing required notices to employees, according to the The U.S. Department of Labor Office of Federal Contract Compliance Programs’ supplementary information. Here are 5 actions to take now in order to comply with the new rule by April 8, 2015: 1. Replace the words “sex, or national origin” with “sex, sexual orientation, gender identity, or national origin” in non-discrimination and equal employment statements. 2. Review contract language and flow-down clauses to ensure the additional protections are mentioned where appropriate, which includes updating the equal opportunity clause to include “sexual orientation” and “gender identity” classifications. 3. Update long equal opportunity tagline used in job solicitations. If a federal contractor uses the long form tagline, “sexual orientation” and “gender identity” should be included in the list of protected classifications. The short equal opportunity tagline used in job solicitations, though, is not changing. 4. Communicate the changes and affected policies to employees. 5. Plan to train managers and selection personnel to ensure applicants and employees are treated without regard to their sexual orientation or gender identity. Compliance staff may also want to communicate with senior leadership about the new protections, Colosimo said. This is a “best practice,” according to Colosimo, and if an employer gets a complaint from someone who says they were discriminated against based on sexual orientation, “as an organization I would hope they would ensure that training would take place.” The executive order won’t be a burden for many organizations, such as DAI, where “it aligns with our values and with our existing policies against discrimination," Laura Viehmyer, senior vice president for human resources at DAI, told Devex. But some contractors were worried, Colosimo explained, that when the regulations hit, they would include a data metrics and goal-setting component. Currently contractors solicit self-identification information on race, gender, disability and protected veterans. For now, it isn’t required that the same be collected based on sexual orientation or gender identity. In fact, there is no data collection or placement goals yet in place. This “doesn't mean it won’t happen in the future,” Colosimo said. “We have clients that do already collect some of that data — they have internal resource groups and a commitment to diversity inclusion and supporting the LGBT community.” In order to minimize the burden of these changes, OFCCP will publish fact sheets and “frequently asked questions” and will also host webinars for the contractor community to describe the amended requirements. Whether you’re a seasoned expert or budding development professional — check out more news, analysis and advice online to guide your career and professional development, and subscribe to Doing Good to receive top international development career and recruitment news every week.