Thursday, March 18, 2004

I'd like to see them try

Fire or demote somebody for being gay?

Go ahead. I dare you.

This is getting insane.

Gay and lesbians in the entire federal workforce have had their job protections officially removed by the office of Special Counsel. The new Special Counsel, Scott Bloch, says his interpretation of a 1978 law intended to protect employees and job applicants from adverse personnel actions is that gay and lesbian workers are not covered. [Bloch was appointed by President Bush to a five year term beginning in January.]

Bloch said that the while a gay employee would have no recourse for being fired or demoted for being gay, that same worker could not be fired for attending a gay Pride event.

In his interpretation, Bloch is making a distinction between one’s conduct as a gay or lesbian and one’s status as a gay or lesbian.

“People confuse conduct and sexual orientation as the same thing, and I don’t think they are,” Bloch said in an interview with Federal Times, a publication for government employees.

Bloch said gays, lesbians and bisexuals cannot be covered as a protected class because they are not protected under the nation’s civil rights laws.

“When you’re interpreting a statute, you have to be very careful to interpret strictly according to how it’s written and not get into loose interpretations,” Bloch said. “Someone may have jumped to the conclusion that conduct equals sexual orientation, but they are essentially very different. One is a class . . . and one is behavior.”

It is the first time that Bloch has explained his position on the issue of gay workers despite pressure from unions and Federal Globe an organization that represents LGBT government workers after the OSC began removing references to sexual orientation-based discrimination from its complaint form, the OSC basic brochure, training slides and a two-page flier entitled "Your Rights as a Federal Employee."
  365 Gay article

....but hey, do what you want....we'll see what happens.

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