No Controlling Legal Authority To Protect Gay and Lesbian Federal Employees

[elfs]

There's probably going to be a lot of handwringing over a recent decision by the executive branch to cease investigating claims of sexual orientation bias in Federal employment and promotion.

Yes, US Law 5 USC 2302(b)(10) prohibits discrimination against federal employees or job applicants on the basis of off-duty conduct that does not affect job performance. But the definition of that last phrase is left to each administration, and the explicit inclusion of gays and lesbians was a Clinton-era administrative order which Bush is free to reverse at any moment.

He's done it. Not by issuing a counter-order; that would be too high-profile and make noise. No, he's quietly instructed the Office of Special Counsel to not investigate harrassment on sexual orientation claims and to remove all references to sexual orientation from its paperwork.

If we want better protection, there has to be an explict law.

Does anyone remember the phrase "No Controlling Legal Authority" that got Gore into trouble a few years back? Here's what the phrase means: "Technically what I did was illegal, but no prosecutorial office is actually assigned to the task of enforcing the law I broke so I'm going to get away with it."

Bush may never have uttered this phrase, but he surely does love it. In the case of his National Guard service, no controlling legal authority exists to investigate the misdeeds that let him get away with serving-while-not-serving. In this case, he's taken away the only controlling legal authority that protects gay and lesbian federal employees from harassment by their co-workers and supervisors.

And people accuse Clinton of sleaze?

Comments

[kenshardik]

And people accuse Clinton of sleaze?

<sarcasm>All Bush is doing is getting rid of civil liberties. Clinton got a BLOW JOB!</sarcasm>

grrr

[http://users.livejournal.com/dominic-m-/]

i truly want to physically harm bush. You dont even want to know whats goin through my head.... I HATE when people think they can control other peoples actions even though they should have absolutly NO authority doing so. Its so offensive. This is even worse than feudalism was.... at least back then the public could have their leader beheaded...no such luck in bush,s case.we just have to shut up and listen. Worse yet is even though i KNOW bush will lose the next presidential election I dont have a ton of faith in kerry to promote gay rights. I would like to place some more faith kerry. Maybe he is holding of offending the republican conservative/elitests during his campaigning and will show true colors(in a good way) when he is office.