SUBJECT
Revocation of Department Administrative Order (DAO) 215-11, “Complaint Process for Sexual Orientation Discrimination,” dated November 30, 1999.
STATEMENT OF THE ISSUE
The Supreme Court, in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), recently interpreted the prohibition against sex-based discrimination contained in Title VII of the Civil Rights Act of 1964, as amended, to include sexual orientation discrimination in Federal employment. As such, Department employees and applicants are now able to pursue sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964, as amended, and may utilize the process afforded to Federal employees and applicants outlined in 29 C.F.R. Part 1614. Therefore, this DAO is no longer needed.
This revocation will streamline and enhance the efficiency of the process for raising claims of sexual orientation discrimination.
Signed by:Director, Office of Civil Rights
Approved by: Acting Deputy Secretary of Commerce
Office of Primary Interest: Office of Civil Rights
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Office of Privacy and Open Government
Office of the Chief Financial Officer and Assistant Secretary for Administration
U.S. Department of Commerce
November 22, 2021