Date: Wed, 10 Jul 1996 17:21:35 -0500 (CDT)
From: Kelly Pierce <kelly@ripco.com>
Subject: DOJ sexual orientation policy


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  DEPARTMENT OF JUSTICE
 
  28 CFR Part 42
 
  [A.G. Order No. 2037-96]
 
  Equal Employment Opportunity
 
  AGENCY: Department of Justice
 
  ACTION: Final Rule
  
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  SUMMARY: This document revises the Department of Justice policy with regard
  to the nondiscrimination in employment to include sexual orientation as a
  prohibited basis for discrimination. This revised rule also makes clear that
  retaliation for opposing a prohibited practice or participating in a related
  proceeding is prohibited. This action promotes the equitable treatment of
  employees and applicants for employment
 
  EFFECTIVE DATE: June 26, 1996.
 
  FOR FURTHER INFORMATION CONTACT:
  Ted McBurrows, Director, Equal Employment Opportunity Staff, Room 1246, 10th
  & Pennsylvania Ave., NW, Washington, DC 20530, (202) 616-4800.
 
  SUPPLEMENTARY INFORMATION: In 1994, pursuant to 5 U.S.C. 301, the Attorney
  General issued several policy statements prohibiting discrimination on the
  basis of sexual orientation and affirmatively promoting the principles of
  equal employment opportunity. The Attorney General is revising 28 CFR 42.1 
to
  reflect this policy. This policy affects agency operation and procedures, 
and   therefore is exempt from the notice requirement of 5 U.S.C. 553(b) and 
is   effective upon issuance.
    This rule has been drafted and reviewed in accordance with section 1(b) of
  Executive Order 12866. This rule is not a "significant regulatory action"
  under section 3(f) of Executive Order 12866. Accordingly, this rule has not
  been reviewed by the Office of Management and Budget. In accordance with the
  Regulatory Flexibility Act (5 U.S.C. 605(b)), the Attorney General certifies
  that this rule will not have a significant economic impact on a substantial
  number of small entities.
    This rule will not have a substantial direct impact upon the states, on 
the   relationships between the national government and the states, or on
  distribution of power and responsibilities among the various levels of
  government. Therefore, this rule does not have sufficient federalism
  implications to warrant the preparation of a Federalism Assessment in
  accordance with Executive order 12612.
 
  List of Subjects in 28 CFR Part 42
 
    Administrative practice and procedure, Aged, Civil rights, Equal 
employment
  opportunity, Grant programs, Individuals with disabilities, Reporting and
  recordkeeping, Sex discrimination.
 
    Accordingly, for reasons set out in the preamble, 28 CFR Part 42 is 
amended   as set forth below.
 
  PART 42--EQUAL EMPLOYMENT OPPORTUNITY WITHIN THE DEPARTMENT OF JUSTICE
 
    1. The authority citation for Part 42 Subpart A is revised to read as
  follows:
 
    Authority: 5 U.S.C. 301, 28 U.S.C. 509, 510; E.O. 11246, 3 CFR 1964-1965
  Comp., p. 339; E.O. 11478, 3 CFR 1966-1970 Comp., p. 803.
 
    2. Section 42.1 is revised to read as follows:
 
  Sec. 42.1  Policy.
 
    (a) It is the policy of the Department of Justice to seek to eliminate
  discrimination on the basis of race, color, religion, sex, sexual
  orientation, national origin, marital status, political affiliation, age, or
  physical or mental handicap in employment within the Department and to 
assure
  equal employment opportunity for all employees and applicants for 
employment.
    (b) No person shall be subject to retaliation for opposing any practical
  prohibited by the above policy or for participating in any stage of
  administrative or judicial proceedings related to this policy.
 
    Dated: June 26, 1996.
 
  Janet Reno,
 
  Attorney General.
 
  [FR Doc. 96-16888 Filed 7-2-96; 8:45 am]
 
  BILLING CODE 4410-01-M