Human Resource Blog

Executive Order 13087

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Does Executive Order 13087 prevent discrimination against FBI agents based on sexual orientation?

It’s not appropriate for us to comment on policies or laws regarding specific employers or specific employment situations.

However, in general, the OPM or Office of Personnel Management, has interpreted Executive Order 13087 as prohibiting discrimination based on sexual orientation for civilian employment within the Executive Branch of government. It’s not clear if the FBI is part of the Executive branch, or if its employees are considered civilians for the purpose of this regulation.

Executive Order 13087 in its entirety reads:

“By the authority vested in me as President by the Constitution and the laws of the United States, and in order to provide for a uniform policy for the Federal Government to prohibit discrimination based on sexual orientation, it is hereby ordered that Executive Order 11478, as amended, is further amended as follows:Section 1. The first sentence of section 1 is amended by substituting “age, or sexual orientation” for “or age”.Section 2. The second sentence of section 1 is amended by striking the period and adding at the end of the sentence “, to the extent permitted by law.”

WILLIAM J. CLINTON
THE WHITE HOUSE,
May 28, 1998”  According to the OPM, the Office of Personnal Management, Executive Order 13087 prohibits discrimination based on sexual orientation. On May 2, 2000, Executive Order 12153 added “status as a parent” to the list of categories for which discrimination is prohibited.  

The OPM is essentially the Human Resources Department for civilian employees of the federal government – the nation’s largest single employer. According to the OPM, “It is the policy of the Federal Government to provide an equal opportunity to all of its employees. Federal employees should be able to perform their jobs in workplaces free from discrimination-whether that discrimination is based on color, religion, sex, national origin, handicap, age or sexual orientation.”

As a matter of policy under the federal government, a person’s sexual orientation should not be the basis for the denial of a job or a promotion.

Again according to OPM, “As the Nation’s largest employer, the Federal Government sets an example for other employers that employment discrimination based upon sexual orientation is not acceptable.”

Other federal laws prohibit discrimination in certain employment decisions when they are based on conduct that does not adversely affect employee performance.