Executive Order 13087
Encyclopedia
Executive Order 13087 was signed by U.S. President
Bill Clinton
on May 28, 1998, amending Executive Order 11478
to prohibit discrimination
based on sexual orientation
in the competitive service
of the federal civilian workforce
. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service
. However, it does not apply to positions and agencies in the excepted service
, such as the Central Intelligence Agency
, National Security Agency
, and the Federal Bureau of Investigation
.
In a statement issued the same day that he signed the order, President Clinton said:
Federal employees cannot appeal claims of discrimination under Executive Order 13087 to the EEOC
, but they can file complaints under the grievance procedure of the agency where they work and, under certain conditions, may appeal their claims to the Merit Systems Protection Board
or the Office of Special Counsel.
The order applies to civilian employees of the American military, but not to uniformed members of the armed forces
, who are covered by the Don't ask, don't tell
directive issued by Clinton in 1993.
Opponents in Congress
objected to the Order and said that it provided "special privileges" and "special breaks for special interests," Donald Devine, who headed the Office of Personnel Management from 1981 to 1995, criticized Clinton's decision to implement the non-discrimination policy by issuing an Executive Order, "issued out of the glare of public attention," and called on Congress to act to undo the President's action "before it can do much damage both to the orderly management of the government and to its equal employment policies generally." On June 11, 1998, the conservative Southern Baptist Convention
passed a resolution asking the President to rescind the order and demanding that Congress
nullify it if he did not do so. Later in 1998, several congressmen, including Republicans Bob Barr
of Georgia and Joel Hefley
of Colorado, introduced bills designed to overturn 13087 or to prohibit government agencies from spending any funds to enforce it. In August 1998, an amendment to the Commerce, Justice, State, Judiciary, and Related Agencies appropriations bill that sought to prohibit spending on behalf of 13087 failed in the House of Representatives on a vote of 176 to 252, the only recorded vote on the issue.
According to the Equal Opportunity Commission:
In 2005, the Human Rights Campaign
and others claimed that "the head of the Office of Special Counsel, Scott Bloch
, refuses to enforce these longstanding non-discrimination protections."
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on May 28, 1998, amending Executive Order 11478
Executive Order 11478
Executive Order 11478, signed by U.S. President Richard M. Nixon on August 8, 1969, prohibited discrimination in the competitive service of the federal civilian workforce on certain grounds...
to prohibit discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
in the competitive service
Competitive service
The competitive service is a part of the United States federal government civil service. Applicants for jobs in the competitive civil service must compete with other applicants in open competition under the merit system administered by the Office of Personnel Management.According to U.S...
of the federal civilian workforce
Office of Personnel Management
The United States Office of Personnel Management is an independent agency of the United States government that manages the civil service of the federal government. The current Director is John Berry.-History:...
. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service
United States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
. However, it does not apply to positions and agencies in the excepted service
Excepted service
Most civilian positions in the federal government of the United States are part of the competitive service, where applicants must compete with other applicants in open competition under the merit system administered by the Office of Personnel Management. However, some agencies are excluded from...
, such as the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
, National Security Agency
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
, and the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
.
In a statement issued the same day that he signed the order, President Clinton said:
Federal employees cannot appeal claims of discrimination under Executive Order 13087 to the EEOC
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...
, but they can file complaints under the grievance procedure of the agency where they work and, under certain conditions, may appeal their claims to the Merit Systems Protection Board
United States Merit Systems Protection Board
The Merit Systems Protection Board is an independent quasi-judicial agency established to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federal employees against abuses by agency management...
or the Office of Special Counsel.
The order applies to civilian employees of the American military, but not to uniformed members of the armed forces
United States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
, who are covered by the Don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
directive issued by Clinton in 1993.
Opponents in Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
objected to the Order and said that it provided "special privileges" and "special breaks for special interests," Donald Devine, who headed the Office of Personnel Management from 1981 to 1995, criticized Clinton's decision to implement the non-discrimination policy by issuing an Executive Order, "issued out of the glare of public attention," and called on Congress to act to undo the President's action "before it can do much damage both to the orderly management of the government and to its equal employment policies generally." On June 11, 1998, the conservative Southern Baptist Convention
Southern Baptist Convention
The Southern Baptist Convention is a United States-based Christian denomination. It is the world's largest Baptist denomination and the largest Protestant body in the United States, with over 16 million members...
passed a resolution asking the President to rescind the order and demanding that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
nullify it if he did not do so. Later in 1998, several congressmen, including Republicans Bob Barr
Bob Barr
Robert Laurence "Bob" Barr, Jr. is a former federal prosecutorand a former member of the United States House of Representatives. He represented Georgia's 7th congressional district as a Republican from 1995 to 2003. Barr attained national prominence as one of the leaders of the impeachment of...
of Georgia and Joel Hefley
Joel Hefley
Joel M. Hefley is a U.S Republican politician who served as a member of the United States House of Representatives representing the 5th Congressional District of Colorado from 1987 to 2007. His wife, Dr. Lynn Hefley, is, like he, a former member of the Colorado State House of Representatives...
of Colorado, introduced bills designed to overturn 13087 or to prohibit government agencies from spending any funds to enforce it. In August 1998, an amendment to the Commerce, Justice, State, Judiciary, and Related Agencies appropriations bill that sought to prohibit spending on behalf of 13087 failed in the House of Representatives on a vote of 176 to 252, the only recorded vote on the issue.
According to the Equal Opportunity Commission:
In 2005, the Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
and others claimed that "the head of the Office of Special Counsel, Scott Bloch
Scott Bloch
Scott Bloch is a US attorney, former deputy director and counsel to the Department of Justice's Task Force for Faith-based and Community Initiatives, and former Special Counsel at the United States Office of Special Counsel...
, refuses to enforce these longstanding non-discrimination protections."
External links
- Text of Executive Order 13078 in the Federal RegisterFederal RegisterThe Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
(PDF document) - Office of Personnel Management, "Addressing Sexual Orientation Discrimination In Federal Civilian Employment: A Guide to Employee's Rights"
- Federal GLOBE, "Order Offers Equal, Not Special, Protection for Gays"
- Federal GLOBE, "President's Order Protects Workers"
- The Advocate, "Complaint filed against allegedly antigay Bush appointee"
- Executive Order 12968 of August 2, 1995, accessed July 14, 2011 - regarding security clearances, prohibits discrimination "... on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information".