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A growing number of lawmakers and interest groups are expressing concern over the decision of the recently confirmed chief of the Office of Special Counsel, Scott Bloch, to remove from the OSC's brochures and Web site information about the agency's policy on discrimination based on sexual orientation.

Sens. Dianne Feinstein, D-Calif., and Gordon Smith, R-Ore., on Tuesday added their names to the list of lawmakers questioning Bloch on his decision to delete information concerning OSC's policy on complaints of sexual orientation discrimination from a Web site section on prohibited personnel practices. The office removed similar information from brochures on discrimination, training slides, and a complaint form.

Under Bloch's direction, OSC also took down from the Web a press release announcing the settlement of a sexual orientation discrimination case brought by a computer specialist applying for a position at the Internal Revenue Service.

"We are concerned that these combined actions may reflect a shift in OSC's commitment to investigating and prosecuting allegations of sexual orientation discrimination against federal workers," Feinstein and Smith said in a Feb. 24 letter to Bloch. Sens. Susan Collins, R-Maine, Joseph Lieberman, D-Conn., Daniel Akaka, D-Hawaii, and Carl Levin, D-Mich., sent OSC a similar letter last week.

In addition, the Human Rights Campaign, a nonprofit advocacy group, and Federal GLOBE, a gay, lesbian and bisexual employee support group, wrote letters to Bloch protesting his decision. The National Treasury Employees Union has demanded an explanation as well.

The lawmakers, interest groups and union point out that the federal government has a long-standing policy of protecting employees from discrimination based on sexual orientation, though that type of discrimination is not explicitly named in federal anti-discrimination statute. Bloch's recent actions are in "direct contradiction to decades of established interpretation of the law, as well as to previous OSC policy and procedure," said NTEU President Colleen Kelley.

OSC has not responded to the inquiries, and did not return a call for comment. Bloch told the Washington Post that he removed the information on sexual orientation discrimination because he did not want to place his stamp of approval on a policy he had not had a chance to review.

Bloch plans to issue a statement on his decision to the press Friday.

On the Defensive

The National Treasury Employees Union on Friday will attempt to keep alive a lawsuit asking a federal court to reject the Office of Management and Budget's most recent competitive sourcing rules.

In June 2003, NTEU filed a suit at the U.S. District Court for the District of Columbia challenging the Bush administration's latest revisions to Circular A-76, which sets guidelines for agencies conducting public-private competitions. The union claims that OMB's reworked rules, published in May 2003, favor contractors and deprive federal employees of a fair shot at defending their jobs.

For instance, the May 2003 Circular A-76 narrows the field of jobs that agencies can classify as "inherently governmental" on lists required by the 1998 Federal Activities Inventory Reform (FAIR) Act, NTEU President Colleen Kelley argues. Inherently governmental work is not eligible for outsourcing.

But proponents of OMB's May 2003 Circular A-76 say the revisions actually address former inequities in the competitive sourcing process, leveling the playing field for federal employees. For instance, the new rules encourage agencies to handle much of the behind-the-scenes work that goes into a competition before publicly announcing it, theoretically giving federal employees more time to defend their jobs.

On Friday, NTEU lawyers will defend the union's lawsuit against a motion to dismiss the case.

COMMENTS

• An excellent question Mr. Johnson. There was a German Protestant philosopher living about 60 years ago whose name escapes me- he said: The Nazis came for the Communists and I said nothing- The Nazis came for the Jews and Gypsies and I said nothing- The Nazis came for the Roman Catholics and I said nothing- The Nazis came for me and there was nobody left to say anything. GovExec.com reader Posted March 1, 2004 7:27 AM
• If we don't defend the weak and defenseless at OSC from Mr. Bloch and this administration, where will we look when they come for us? Steve Johnson Posted February 27, 2004 6:27 AM
• So the OSC seems to be backtracking on the issue of sexual orientation discrimination, while President Bush is asking for a constitutional amendment banning same sex marriages. Coincidence? Surprise? Nah. Anonymous Posted February 27, 2004 11:55 AM