May 17, 2013 | by Chris Johnson
Former Obama official calls for ENDA executive order
Barack Obama, gay news, Washington Blade

A gay former counsel for USAID is calling on President Obama to take action against LGBT workplace discrimination. (Washington Blade file photo by Michael Key)

A gay former member of the Obama administration says it’s time  for President Obama to issue an executive order barring LGBT workplace discrimination among federal contractors as he touts his agency’s independent action on the issue.

In an op-ed published in Washington Post late Thursday, Jeffrey Marburg-Goodman, special counsel for the U.S. Agency for International Development and a foreign policy adviser to the 2008 Obama campaign, called on Obama to issue the order to build on his record in advancing LGBT rights.

“Although admittedly imperfect and only partial, an executive order that helps advance employment equality nationwide is overdue,” Marburg-Goodman writes.

Issuing the executive order, Marburg-Goodman writes, would build off Obama’s earlier LGBT achievements, such as “Don’t Ask, Don’t Tell” repeal and naming a record number of LGBT government appointees.

Additionally, Marburg-Goodman says issuing the directive could be “a tipping point” that would lead to passage of legislation to protect LGBT employees known as the Employment Non-Discrimination Act.

Marburg-Goodman makes a special point of touting the work USAID has undertaken to address LGBT workplace discrimination. In October 2011, the agency issued guidance saying it “strongly encourages” its contractors to adopt non-discrimination policies for workers, including on the basis of sexual orientation and gender identity.

“Individual federal agencies have done what they could to advance equality and reflect current American norms and values,” Marburg-Goodman said. “Last year, we at the U.S. Agency for International Development, under the leadership of then-Secretary of State Hillary Clinton and Administrator Rajiv Shah, announced the most advanced position any federal agency has taken on this issue.”

The Obama administration has repeatedly said it prefers a legislative solution to addressing LGBT workplace discrimination as opposed to issuing an executive order.

Shin Inouye, a White House spokesperson, said Friday he has no updates on the directive in response to the op-ed piece.

“Regarding a hypothetical Executive Order on LGBT non-discrimination for federal contractors, I have no updates for you on that issue,” Inouye said.

Marburg-Goodman isn’t the first former Obama administration official to call on Obama to issue the executive order. In March 2012, Elizabeth Warren, then a candidate for U.S. Senate, endorsed the idea in an interview with the Washington Blade, saying, “Any steps that the president can take toward non-discrimination benefit the whole country.” Prior to representing Massachusetts in the U.S. Senate, Warren was special adviser for the Consumer Financial Protection Bureau under Obama.

Tico Almeida, president of the LGBT group Freedom to Work, praised Marburg-Goodman for calling on Obama to issue the executive order.

“I suspect some White House staffers are fairly annoyed with Mr. Marburg-Goodman for calling them out in such a high-profile way for their unforutnate desicion to delay President Obama’s executive order for LGBT workplace fairness, but I think he deserves our praise for using his stature as a distinguished Obama appointee to advocate on the LGBT workplace issues that some other administration officials have neglected for too long,” Almeida said. “I commend him for using his strong voice in favor of the pending executive order.”

Further, Almeida called on other former members of the Obama administration to speak out in favor of the executive order, including John Berry, who until last month was head of the U.S. Office of Personnel Management and the highest-ranking openly gay person in the Obama administration.

“It would be great if other gay former Obama appointees like John Berry followed Mr. Marburg-Goodman’s lead in advocating for this long overdue policy from the Obama Administration,” Almeida said.

Berry couldn’t immediately be reached for comment. According to the Washington Post, he’s on Obama’s short list for U.S. ambassador to Australia.

Chris Johnson is Chief Political & White House Reporter for the Washington Blade. Johnson attends the daily White House press briefings and is a member of the White House Correspondents' Association. Follow Chris

3 Comments
  • I have to agree. HRC has shown zero interest in passing ENDA. They hired Chad to work on marriage in the states. He has zero experience passing non discrim legislation. And zero interest in doing so. Just look at the lack of work they done on state nondiscrim legislation as compared to the zillions they’ve spent on marriage – for states that already have non discrim protections.

    If you live in a state without protections – HRC blows you off. It’s all about marriage. 24/7 -

  • Madalyn N. Pope

    Having Obamas support is huge for the movement to gain equal rights. It puts the movement in the national spotlight and raises awareness.

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