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Federal Employees News Digest : July 8, 2013
states against same-sex marriage will get challenged, and soon. "The Supreme Court, in this DOMA case, seems to recognize there is a funda- mental right to gay marriage, so we can extrapolate from that," he told FEND. "A s it was back in the day, during the [civil rights movement against] racial discrimi- nation, gay people who want to marry in a state that doesn't recognize it could file a case on grounds that denial of their right to marry is a violation of the equal protec- tion clause in the Constitution. That's the next big step." Windsor also could add to the momen- tum to pass the federal Employment Non-Discrimination Act pending in Congress---a bill that would outlaw employment discrimination based upon sexual preference and gender identity. "I think, and I hope, the ruling has a positive impact on Capitol Hill, pushing along the Employment Non- Discrimination Act, which has been pending, and would make employment discrimination against a federal employee based on sexual orientation or preference unlawful under the Civil Rights Act," Mahoney said. "Currently, this kind of discrimination is not unlawful." For now, absent passage of the Employment Non-Discrimination Act, Mahoney noted that LGBT employees only have a right to pursue discrimina- tion for sexual orientation claims within their departments, by way of their EEO offices. But they do not have the right to sue in federal court, nor to go before the federal Equal Employment Opportunity Commission. "So, for now, same-sex federal employ- ees remain treated as second-class citizens regarding their rights against discrimina- tion," Mahoney told FEND. "Hopefully, the Winds or decision impresses Congress of the need to pass the Employment Non- Discrimination Act." Union, USPS settle OSHA case The American Postal Workers Union last week said it had signed an "unprece- dented" nationwide agreement that settles a number of complaints filed by the union against the U.S. Postal Service for viola- tions of safe electrical work practices. According to the union, the settlement agreement reached with the Department of Labor's Occupational Safety and Health Administration and USPS comes after a four-year effort to compel USPS to address "egregious electrical safety hazards at postal facilities across the country." In response to the union's complaints, OSHA inspected 42 postal facilities in 2009 and 2010 and determined that the Postal Service failed to provide adequate training and protective equipment to employees who work on electrically ener- July 8, 2013 Vol. 62, No. 49 4 Visit us on the Internet at www.FederalDaily.com continued from page 3 IRAs IRAs FOR FEDERAL EMPLOYEES ORDER NOW NEW GUIDE: FEDERALDAILY.COM/CATALOG 800-989-3363 continued on page 5
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