Need Quick Answer, Sexual Orientation inclusion in EEO policy

Moria

We are a not-for-profit oganization that depends a great deal on grants from organizations, foundations, etc. One such organization has requested that in our EEO/Harrassment policies that we provide specific protection for sexual orientation.

Our policies currently read "...provides equal employment to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, or disability in accordance with applicable state and federal laws." and "...expressly prohibits any form of unlawful
employee harrassment based on race, color, religion, sex, national origin, age, disability, or status in any group protected by state and federal laws."

My question is, if we add "sexual orientation", which is currently not a protected class, does the statement regarding "in accordance with applicable state and federal laws" negate what we are trying to do, protect someone who falls into the "sexual orientation" catagory?

Don D

Subject of course to correction by the Forum's legal participants; I think the answer to your question is that the policy statement you have in place does not include the one those folks want you to specify. If you do include the additional one, it will obligate you to include as a protected class one not currently protected, assuming your state does not already require that. You would certainly want your attorney to cover with you all the ramifications of that expansion of your policy prior to launching off into it. He may suggest to you that the 'cost' of such inclusion outweighs the potential benefit of the monetary contribution from that source. My (non-legal) gut tells me you may also be opening yourself up to obligations on your health plan as well as other areas.

Pork

You don't add it, it is already there! When you start to highlighting it then you will cause greater concerns. We have several with a different sexual orientation to the majority, who are all wonderful employees and do their work and stay out of trouble. Some have admitted to the team their personal differences, but challange anyone within the team to do a better job and exceed them in their performance, and you will find those that can not come up to the performance necessary. Good Luck Pork