- Former Pres. Barack Obama’s executive order protecting LGBT workers has an uncertain future under the Trump administration, reports NBC News.
- Executive Order 13672 prohibits federal contractors from discriminating against LGBT workers based on sexual identity and sexual orientation. The order amends Pres. Lyndon Johnson’s 1965 executive order barring discrimination based on race, sex, color, religion and national origin.
- Before becoming president, Donald Trump said the Supreme Court had “settled” the LGBT issue by approving same-sex marriage, said NBC. But when press secretary Sean Spicer was asked if Executive Order 13672 would stay, he said he didn’t know. Trump has said he would undo all the former president’s executive orders and 75% of regulations in force under his administration.
Trump started reversing Obama’s executive orders the day of his inauguration, so he’s also likely either to roll back or amend Executive Order 13672. Another sign of the executive orders possible demise is the removal of LGBT content from federal websites hours after Trump took the presidential oath.
While this order would not directly impact private employers, it would set the tone for how the administration will treat LGBT protections nationwide. A few federal cases are currently tackling whether or not workers' sexual orientation can be protected under Title VII as sex discrimination, and a case in Texas reveals that the question over gay spousal rights may not be totally answered at a legal level just yet.
However, the EEOC explicitly defends employees against discrimination for their sexual orientation and gender identity. Guidance that calls for policies that protect such employees is still strongly in place.