Today there is no bar to discrimination based upon either sexual orientation or gender identity by federal contractors. Moreover, in 2002, President Bush amended Executive Order 11246, (which prohibits federal contractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin), waiving its prohibition on discrimination on the basis of religion by religious corporations. This was a step backwards for equal employment opportunities. Approximately 26 million workers, or about 22 percent of the U.S. civilian workforce, are employed by federal contractors.
The President should issue an executive order making it a condition of all federal contracts and subcontracts that the contractor and subcontractor agree not to discriminate on the basis of sexual orientation or gender identity in any hiring, firing or terms and conditions of employment and rescind Section (4)(c) of Executive Order 13279. In addition, he should require the Department of Labor Office of Federal Contract Compliance Programs to immediately begin the process of issuing regulations to carry out the order.