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Sexual Orientation in the Workplace: Questions and Answers
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What is Sexual Orientation?
Everyone has a sexual orientation. The American Psychological Association
(APA) defines sexual orientation as an emotional or affectional attraction
to another person. This includes heterosexuality (attraction to the
opposite sex), homosexuality (attraction to the same sex) and bisexuality
(attraction to either sex). A person's sexual orientation emerges
during adolescent development and is not the result of a conscious
choice. The APA states that individuals can choose whether or not
to act on their feelings, but cannot voluntarily change from one orientation
to another.
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Why is sexual orientation a workplace issue at USDA?
Employees should expect to find a diversity of sexual orientations
at USDA. In the past, it was common practice to fire or to refuse
to hire suspected homosexuals in the Federal workplace. Employees
have been physically threatened, verbally abused, and subjected to
hostile working conditions. Laws and policies have changed, and all
USDA employees need to be aware of their responsibility to prevent
this form of discrimination and to ensure that gay, lesbian, bisexual
and transgender (GLBT) individuals are an accepted and valued part
of the diverse USDA workforce.
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Why do some people need to talk about their sexual orientation
at work?
Sharing aspects of one's personal life with coworkers is a normal
part of everyone's workday. Conversations about spouses, friends and
family help form bonds of mutual respect and trust that support a
productive workplace. Unfortunately, many GLBT employees do not discuss
their personal life at work for fear that they will be rejected, harassed
or threatened by other employees, thereby damaging their opportunities
for advancement and promotion. Therefore, to enhance the productivity
of ALL employees, it is just as important for GLBT individuals to
be comfortable to speak about personal issues and matters as do other
co-workers.
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What if my religion says that homosexuality is morally wrong?
The USDA workforce includes a diversity of religious views, and discrimination
on the basis of religion is prohibited in the Federal workplace. This
means that no one can or should ask an employee to change his or her
religious beliefs on homosexuality. Conversely, this also means that
religious objections to homosexuality cannot be imposed on other coworkers
or be used to obstruct nondiscrimination laws, policies, and diversity
activities.
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What are the laws and policies that prohibit sexual orientation
discrimination at USDA?
- The 1978 Civil Service Reform Act states that Federal Agencies cannot "discriminate for or against any
employee or applicant for employment on the basis of conduct which does not adversely affect the performance
of the employee or applicant or the performance of others" [5 USC 2302(b)].
- Presidential Executive Order 13087, issued in 1998, provides for "a uniform policy for the
Federal government to prohibit discrimination based on sexual orientation."
- The Secretary's Civil Rights Policy Statement has prohibited sexual
orientation discrimination at USDA since 1993.
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What should I do if I believe I have been discriminated against
because of my sexual orientation?
There are five avenues of redress available to a Federal employee
who wishes to resolve a conflict or file a complaint of discrimination
based on sexual orientation: (1) Alternative Dispute Resolution; (2)
Agency discrimination complaint procedure; (3) Agency or Union grievance
procedure; (4) Office of Special Counsel; and (5) Appeals to the Merit
Systems Protection Board (for allegations involving personnel actions
that are otherwise appealable to the Board). The employee who wishes
to pursue conflict resolution or file a discrimination complaint using
one of the above options should contact his or her Agency's Office
of Civil Rights for specific information.
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Does USDA offer domestic partner benefits?
GLBT employees of USDA can share some Federal employee benefits with
their domestic partners. For example, domestic partners can be designated
as beneficiaries of an employee's Thrift Savings Plan and life insurance
policies if the employee files the appropriate beneficiary forms.
Insurance, retirement, and long-term health care benefits cannot be
shared with an employee's domestic partner by law and regulation.
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What can I do to make USDA a better workplace for GLBT employees?
GLBT coworkers should be welcomed and valued members of your work
unit. Acts of harassment or threats against GLBT employees should
be reported immediately to your manager. Employees should refrain
from GLBT jokes and negative comments. An individual's sexual orientation
should not be a factor in hiring, promotion, evaluation, and work
assignment decisions. Finally, the Department needs the thoughtful
attention of every member of the USDA family in order to create a
work environment where GLBT employees are safe, respected, and able
to share in the full responsibilities and benefits of employment.
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Where can I go if I have further questions about sexual orientation
issues at USDA?
- The USDA Secretary's Gay and Lesbian Employee Advisory Council web page:
http://www.usda.gov/cr/usda_employee_gleac.html
- Gay and Lesbian Employment Program Manager, USDA, OHRM, Whitten Building,
Room 108 1400 lndependence Ave., SW, Washington, DC 20250; Phone: (202)-720-9664
- You can also contact your Agency's Civil Rights and Human Resources
Offices for further information on complaint procedures, benefits, and local events and activities.
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Last Modified:
June 13, 2006 |
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