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Addressing Sexual Orientation and Gender Identity Discrimination in Federal Civilian Employment

A Guide to Employment Rights, Protections, and Responsibilities

From OPM, EEOC, OSC and MSPB comes this report defining the operative terms, identifying responsibilities of the respective agencies to avoid unlawful discrimination and prohibited personnel practices, reviewing the overlap in jurisdiction between OSC and EEOC, and mentioning coverage by labor contracts and "agency specific" procedures (possibly ADR or ombudsman programs). Portions of the brief Guide would be usefully reprinted for the education of supervisors, managers, and employees.

OPM document download: Addressing Sexual Orientation and Gender Identity Discrimination in Federal Civilian Employment

From OPM

In Response to the GAO Report on Administrative Leave Usage

OPM responds to GAO's recent report critical of administrative leave management by providing a letter to agency personnel offices with a "Fact Sheet" on administrative leave. Of interest are OPM's recommendations to agencies to restrict or reduce the use of administrative leave during periods before and after proposals for adverse or performance-based actions. Key to the recommendations is the agency's determination of whether the employee's continued worksite presence poses a threat to the employee or to others, could result in loss or damage to government property, or could jeopardize legitimate government interests.

Link to opm.gov: Fact Sheet - Administrative Leave

From the Director of National Intelligence and OPM

Live or work in a state where marijuana use is legal under state law? Federal employees need to watch out - a state law exemption from prosecution does not protect the employee from prohibitions of federal law - particularly Executive Orders dealing with employee suitability and national security clearances or access to classified information (including the ability to hold a sensitive position).

OPM contributes a letter to agency personnel offices of May 26, 2015, warning of the danger to employees in suitability or national security actions when drug use or possession occurs, irrespective of state law.

Link to chcoc.gov: Federal Laws and Policies Prohibiting Marijuana Use

DNI adds a government-wide distribution, "Adherence to Federal Laws Prohibiting Marijuana Use," attached as a PDF to the OPM letter.

MSPB recently offered cautionary comments about state legalization statutes in (what else?) the nonprecedential decision, complete with a separate opinion by Member Robbins, in Johnson v. Dept. of Air Force, DE-0752-14-0091-I-2 (April 2, 2015). (Who says the MSPB doesn't take pains to ensure federal personnel specialists are properly informed through precedential decisions?) Go ahead and read the NPFO, paying attention particularly to the remarks of Board Member Mark Robbins.