Apr 02, 2004  |  By: LOU CHIBBARO JR.  | COMMENTS     

The White House issued a statement on March 31 declaring that federal government policy “prohibits discrimination against federal employees based on sexual orientation” and President Bush “expects federal agencies to enforce this policy.”

The White House statement appears to be a clear rebuke of Scott Bloch, Bush’s recent appointee to head the U.S. Office of Special Counsel. Bloch startled gay activists and members of Congress in February, when he said existing federal law does not protect gay federal workers from sexual orientation discrimination on the job.

The White House statement came just hours after Democratic members of Congress called for Bloch’s resignation or removal from office unless he reversed his decision to end non-discrimination protections for gay federal workers.

At a press conference at the U.S. Capitol Building, Sen. Barbara Boxer (D-Calif.) and four House members, including gay Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wisc.), called on Bush to repudiate Bloch’s action.

The five members of Congress also called on Bush and the U.S. Office of Personnel Management, which oversees federal personnel policies, to issue a statement reaffirming that existing federal law bans discrimination against federal employees based on their sexual orientation.

“If Mr. Bloch does not return to the previous interpretation and enforce the law, the president should repudiate this policy and Mr. Bloch should resign or be removed from office,” said Baldwin.

The other House members speaking at the press conference were Reps. George Miller (D-Calif.) and Eliot Engel (D-N.Y.).

Frank said he was pleased that the White House responded to the request by the Democratic lawmakers — as well as to concerns expressed earlier by Republican members of Congress over Bloch’s actions.

“But the next question is, what are they going to do about it?” Frank asked. “This is the first step, but what’s the next step?”

Frank noted that Bloch heads the only federal agency with authority to protect gay federal workers from anti-gay job discrimination. The OSC, a small agency with independent investigative and enforcement authority, was created by Congress to protect federal workers from discrimination and retaliation.

The president appoints the OSC head for a fixed, five-year term. Federal law prevents the removal of the OSC head unless it can be shown that he or she engages in improper conduct or violates the law.

White House spokesperson Maria Tamburri, who released the White House statement, declined to comment when asked what, if anything, President Bush plans to do if Bloch continues to interpret federal law or policy differently than the White House.

“Longstanding federal policy prohibits discrimination against federal employees based on sexual orientation,” the White House statement says. “President Bush expects federal agencies to enforce this policy and to insure that all federal employees are protected from unfair discrimination at work,” the statement says.

Frank said as many as 50 or more House members were expected to sign a letter to Bush this week expressing their strong objection to Bloch’s action and urging the president to issue a statement asserting that sexual orientation discrimination in the federal workforce is illegal.

Frank decries ‘damaging’ move
Bloch created a stir in February when he removed all references to sexual orientation from the OSC web site and from all of its printed documents, including forms used by employees to file discrimination complaints.

Neither Bloch nor his spokesperson responded to calls by press time seeking comment.

Bloch has stated in media interviews in recent weeks that he disagrees with the past interpretation of a U.S. civil service law that sexual orientation discrimination should be classified as a “prohibited personnel practice” in the federal workforce.

He startled and angered gay civil rights advocates, as well as members of Congress, when he told the Federal Times newspaper last month that gay federal workers would no longer receive protection if they were fired, demoted or penalized at work in a federal government agency solely because of their sexual orientation or “status” as a gay person.

According to Bloch, gay federal workers could only receive protection from job-related discrimination if the discrimination was based on their “conduct,” such as their attending a gay pride parade or speaking at a gay rights rally.

“It’s nonsensical,” said Frank, in commenting on Bloch’s interpretation of federal personnel law. “It’s very damaging because he’s the one who has the authority to protect you if you’re a federal employee.”

“What we want to do is not let Bush act as if this is going on in Mars somewhere,” said Frank, before the White House issued its statement. “This is his appointee, and this is just terrible what he’s done.”

Frank and his colleagues at the ...