Tuesday, December 9, 2014

OFCCP Releases Final Rule Prohibiting LGBT Discrimination in Government Contracting

Dana Halvorson

According to a December 4, 2014, email alert from Ford & Harrison, LLP, the Office of Federal Contract Compliance Programs (OFCCP) has released its final rule implementing Executive Order 13672, signed by President Obama on July 21, 2014, which prohibits federal contractors from discriminating against individuals on the basis of sexual orientation or gender identity. The OFCCP has published a list of Frequently Asked Questions regarding the rule, which are available here. The rule will be effective 120 days from its publication in the Federal Register and will apply to federal contracts entered into or modified after the effective date. You can read the full Ford & Harrison, LLP, legal alert here.

As previously noted, it is long-standing policy that Medicare (Parts A and B) or Medicaid providers are not considered to be federal contractors. However, if a provider currently has VA patients, they are considered to be a federal contractor. It is important to note that under the VA Provider agreement proposed rule AHCA has been working to finalize, providers would not be considered federal contractors, and would therefore not have to follow complex federal contracting and reporting rules. AHCA is currently awaiting the release of the final rule, and will keep its members posted on any updates relating to this matter.

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