The National Treasury Employees Union (NTEU) has vigorously supported efforts to eliminate discrimination on the basis of sexual orientation or preference in the federal workplace. We share your commitment to removing barriers that prevent gay employees from contributing to the mission of the federal government, and we also commend your organization for its efforts in educating employees about the harmful effects of homophobic and intolerant behavior. This letter highlights some of the actions taken by NTEU to ensure that the federal workplace is free of discrimination based on sexual orientation or preference.
Some, but not all, of our collective bargaining agreements contain explicit references to a joint commitment to rid the workplace of discrimination on the basis of sexual orientation or preference. For example, our U.S. Customs Service Collective Bargaining Agreement states "[t]he Employer, the Union and employees are committed to providing a work environment free of discrimination because of sexual preference or orientation." Similarly, our agreement with the IRS states "[t]he Employer is committed to providing a work environment free of discrimination because of sexual preference or orientation." Although not all of our collective bargaining agreements contain these express commitments, NTEU will continue to press agencies to include this type of language in our contracts in the future.
An omission of language pertaining to sexual orientation or preference in our collective bargaining agreements does not mean that agencies are free to discriminate on the basis of sexual preference or orientation. On the contrary, the prohibited personnel practices section of the U.S. Code, which is included verbatim in all of our collective bargaining agreements, has been interpreted to bar discrimination on the basis of sexual orientation or preference. The Office of Personnel Management has taken the position that 5 U.S.C. section 2302(b)(1 0) prohibits discrimination based on sexual orientation and preference. Therefore, even in the absence of an explicit prohibition on discrimination against gays and lesbians, our collective bargaining agreements make it unlawful to discriminate on the basis of sexual orientation or preference.
Finally, let me also point out that NTEU passed a resolution at our 1995 National Convention which condemned the denial of promotions and benefits to federal employees because of their sexual preferences. The resolution further pledged the union's commitment to vigorously supporting the cause of equal opportunity for all employees, regardless of their sexual orientation or preference. We take seriously the issues your organization seeks to promote and I hope that we can work in concert to eliminate discrimination on the basis of sexual orientation or preference as well as better educate employees about the harm caused by intolerant behavior in the federal workplace.
Sincerely,
Robert M. Tobias
National President