[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34729-34730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16888]
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DEPARTMENT OF JUSTICE
28 CFR Part 42
[A.G. Order No. 2037-96]
Equal Employment Opportunity
AGENCY: Department of Justice
ACTION: Final Rule
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SUMMARY: This document revises the Department of Justice policy with
regard to the nondiscrimination in employment to include sexual
orientation as a prohibited basis for discrimination. This revised rule
also makes clear that retaliation for opposing a prohibited practice or
participating in a related proceeding is prohibited. This action
promotes the equitable treatment of employees and applicants for
employment
EFFECTIVE DATE: June 26, 1996.
FOR FURTHER INFORMATION CONTACT:
Ted McBurrows, Director, Equal Employment Opportunity Staff, Room 1246,
10th & Pennsylvania Ave., NW, Washington, DC 20530, (202) 616-4800.
SUPPLEMENTARY INFORMATION: In 1994, pursuant to 5 U.S.C. 301, the
Attorney General issued several policy statements prohibiting
discrimination on the basis of sexual orientation and affirmatively
promoting the principles of equal employment opportunity. The Attorney
General is revising 28 CFR 42.1 to reflect this policy. This policy
affects agency operation and procedures, and therefore is exempt from
the notice requirement of 5 U.S.C. 553(b) and is effective upon
issuance.
This rule has been drafted and reviewed in accordance with section
1(b) of Executive Order 12866. This rule is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget. In accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), the Attorney General certifies that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will not have a substantial direct impact upon the
states, on the relationships between the national government and the
states, or on distribution of power and responsibilities among the
various levels of government. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment in accordance with Executive order 12612.
List of Subjects in 28 CFR Part 42
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Grant programs, Individuals with disabilities,
Reporting and recordkeeping, Sex discrimination.
Accordingly, for reasons set out in the preamble, 28 CFR Part 42 is
amended as set forth below.
PART 42--EQUAL EMPLOYMENT OPPORTUNITY WITHIN THE DEPARTMENT OF
JUSTICE
1. The authority citation for Part 42 Subpart A is revised to read
as follows:
Authority: 5 U.S.C. 301, 28 U.S.C. 509, 510; E.O. 11246, 3 CFR
1964-1965 Comp., p. 339; E.O. 11478, 3 CFR 1966-1970 Comp., p. 803.
2. Section 42.1 is revised to read as follows:
[[Page 34730]]
Sec. 42.1 Policy.
(a) It is the policy of the Department of Justice to seek to
eliminate discrimination on the basis of race, color, religion, sex,
sexual orientation, national origin, marital status, political
affiliation, age, or physical or mental handicap in employment within
the Department and to assure equal employment opportunity for all
employees and applicants for employment.
(b) No person shall be subject to retaliation for opposing any
practical prohibited by the above policy or for participating in any
stage of administrative or judicial proceedings related to this policy.
Dated: June 26, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-16888 Filed 7-2-96; 8:45 am]
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