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Final rule announced for LGBT workplace executive order

No comment period prior to final rule on directive

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Labor Secretary Thomas Perez announced the rule is final for an executive order barring LGBT workplace discrimination. (Washington Blade file photo by Michael Key)

Labor Secretary Thomas Perez announced the rule is final for an executive order barring LGBT workplace discrimination. (Washington Blade file photo by Michael Key)

A new rule for an executive order signed by President Obama prohibiting federal contractors from engaging in anti-LGBT workplace discrimination is now final, the Labor Department announced Wednesday.

Following years of pressure from LGBT advocates, Obama signed the order on July 21, but the process wasn’t yet final because the Labor Department and the Office of Management & Budget had to draft a rule to implement the measure.

Once the final rule is published in the Federal Register, it will become effective 120 days later and apply to federal contracts entered into or modified on or after that date, according to the Labor Department.

After its announcement, the Labor Department published Frequently Asked Questions for the final rule, which can be found here. The final rule itself is set to be online at 4:30 pm, according to the Labor Department. UPDATE: The final rule is here.

Labor Secretary Thomas Perez said in a statement the final rule for the executive order, known as Executive Order 13672, is a step in the path to ending anti-LGBT discrimination in the workforce.

ā€œAmericans believe in fairness and opportunity,” Perez said. “No one should live in fear of being fired or passed over or discriminated against at work simply because of who they are or who they love. Laws prohibiting workplace discrimination on the bases of sexual orientation and gender identity are long overdue, and weā€™re taking a big step forward today to fix that.ā€

No explicit protections exist in federal code prohibiting companies from discriminating on the basis of sexual orientation and gender identity, although the U.S. Equal Employment Opportunity Commission has interpreted existing protections for gender to protect transgender workers.

The executive order is considered the first federal action to ensure LGBT employment non-discrimination in the public sector. However, in April the Obama administration interpreted the LGBT non-discrimination provisions in reauthorization of the Violence Against Women Act to extend to employment at organizations accepting federal grants for domestic violence programs.

Charged with enforcing the executive order is the Labor Department’s Office of Federal Contract Compliance Programs, which is headed by Patricia Shiu.

ā€œWe are building on the work of presidents and members of Congress from both parties who have expanded opportunities for Americaā€™s workers,ā€ Shiu said in a statement. ā€œThis rule will extend protections to millions of workers who are employed by or seek jobs with federal contractors and subcontractors, ensuring that sexual orientation and gender identity are never used as justification for workplace discrimination by those that profit from taxpayer dollars.ā€

In October, the Labor Department had submitted its proposed rule for the executive order to the Office of Management & Budget. No comment period took place for the proposed rule.

Laura McGinnis, a spokesperson for the Labor Department, said the administration didn’t allow for a comment period because of the nature of the executive order.

“In cases where an Executive Order is very clear about the steps the department needs to take and leaves no discretion regarding how to proceed, agencies may publish final rules without notice and comment,” McGinnis said. “So this one was sent to OMB as a final rule.”

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National

FBI warns of potential threats to Pride Month events

Advisory notes June 12 marks eight years since Pulse nightclub massacre

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FBI Director Christopher Wray (NBC News screen capture)

Citing the rising numbers of violent threats primarily across the digital landscape online including emailed bomb and death threats, officials from the Federal Bureau of Investigation and Homeland Security Investigations have issued warnings that foreign terrorist organizations or their supporters are targeting the LGBTQ community during Pride Month.

In a notice released on May 10, the FBI and HSI warn that efforts to commit or inspire violence against LGBTQ celebrations, including Pride celebrations or other LGBTQ-related venues, are compounded by the current heightened threat environment in the U.S. and other Western countries. 

The FBI and HSI noted that June 12 marks the eighth anniversary of the Pulse nightclub shooting in Orlando, Fla., during which the attacker killed 49 people and wounded 53 others. After the Pulse shooting, pro-ISIS messaging praised this attack as one of the high-profile attacks in Western countries, and FTO supporters celebrated it. There are concerns that instances like the Pulse anniversary could spark a violent attack.

In addition to the threats posed by off-shore groups, increased threat levels domestically including recently documented instances of homophobic and transphobic threats exemplified recently from reporting by multiple media outlets regarding Libs of TikTok’s creator Chaya Raichik, who had initiated an ongoing campaign against Planet Fitness, demanding a boycott in retaliation for the gym’s transgender-inclusive locker room policy.

At least 53 locations of Planet Fitness have reported hoax bomb threats in recent weeks; the threats were primarily reported through emails, and in some cases, phone calls, continuing what has become aĀ trendĀ of violent threats against institutions targeted by Raichik.Ā 

Raichik has a long documented history of fostering anti-LGBTQ animus through her posts which in turn has led to what NBC News, Media Matters, the SPLC, the Washington Blade, and others documenting Raichikā€™s anti-LGBTQ acts of arguably stochastic terrorism.

In February, NBC News Technology Reporter David Ingram, detailed bomb threats and violent threats inspired by Raichikā€™s social media posts. NBC News identified 33 instances, starting in November 2020, when people or institutions singled out by Libs of TikTok later reported bomb threats or other violent intimidation. 

During his April 11 testimony on Capitol Hill, FBI Director Christopher Wray issued a warning to lawmakers telling a House subcommittee that there is a growing fear among law enforcement officials of possible “coordinated attack” inside the U.S. telling committee members that a “lone-wolf” attack promulgated by events in Middle East are the agency’s overarching worry.

Speaking with the Blade on background, a senior FBI official noted that Pride events in locales other than major urban settings, particularly the largest Pride gatherings in New York, San Francisco, Los Angeles, and D.C., which have a traditionally large police presence, smaller cities and towns are at elevated risk.

In an emailed statement, the FBI said it has, in general, observed an increase in threats of violence targeting institutions like hospitals and schools.

ā€œAs a country and organization, we have seen an increase in threats of violence targeting government officials and institutions, houses of worship, schools, and medical facilities, just to name a few. The FBI and our partners take all threats of violence seriously and responding to these threats ties up law enforcement resources.

ā€œWhen the threats are made as a hoax, it puts innocent people at risk, is a waste of law enforcementā€™s limited resources, and costs taxpayers. The FBI and our state and local partners will continue to aggressively pursue perpetrators of these threats ā€” real or false ā€” and hold them accountable,ā€ the FBI statement said.

Reacting to the elevated threat levels in a statement, GLAAD President Sarah Kate Ellis said:

ā€œA fringe few extremists, domestically and overseas, are irrationally threatened by the rising tide of acceptance for LGBTQ people. It is important to keep Prides safe for all attendees, and for people to keep showing up during Pride and throughout the year to speak up for the equality and safety of their communities and all marginalized people.ā€

The FBI is asking that Pride event planners, organizers, and others be aware of possible indicators of potential threat activity:

  • Violent threats made online, in person, or via mail.
  • Unusual or prolonged testing or probing of security measures at events or venues.
  • Photography of security related equipment, personnel, or access points consistent with pre-operational surveillance without a reasonable alternative explanation.
  • Unusual surveillance or interest in buildings, gatherings, or events.
  • Attempts to gain access to restricted areas, bypass security, or impersonate law enforcement officials.
  • Observation of or questions about facility security measures, including barriers, restricted areas, cameras, and intrusion detection systems without a reasonable alternative explanation.
  • Eliciting information from facility personnel regarding the nature of upcoming events, crowd sizes, busiest times of day, etc., without a reasonable alternative explanation.
  • Attempts to enter a restricted area, bypass security, or impersonate law enforcement officials.

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Africa

Ugandan president meets with US ambassador

Unclear whether William Popp raised Anti-Homosexuality Act

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Ugandan President Yoweri Museveni meets with U.S. Ambassador to Uganda William Popp on May 10, 2024. (Photo courtesy of Museveni's X account)

Ugandan President Yoweri Museveni on May 10 met with U.S. Ambassador to Uganda William Popp.

Museveni in a post to his X account described the meeting, which took place at his official residence in Entebbe, as “productive.”

“We discussed key issues, such as the upcoming Census, regional peace, and socio-economic development. I emphasized the need for an inclusive census for informed decision-making,” said Museveni. “I also shared my views on fostering peace and security in the region. Additionally, we discussed opportunities in transitioning our population from a rural-based pre-capitalist society to industry and services.”

statement the Ugandan Foreign Affairs Ministry released noted Popp “conveyed his appreciation for the president’s valuable time and wise counsel.” 

“He also acknowledged President Museveniā€™s extensive knowledge and experience, underscoring the importance of their continued dialogue in fostering a strong and mutually beneficial relationship between the United States and Uganda,” said the statement.

The statement further notes Foreign Affairs Minister Jele Odongo; Defense and Veterans Affairs Minister Jacob Oboth-Oboth; Rosette Byengoma of the Defense Ministry; and Lt. Gen. Samuel Okiding, who is deputy chief of the Ugandan defense forces, attended the meeting.

The meeting took place nearly a year after Museveni signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists have appealed the ruling.

It is not clear whether Popp raised the Anti-Homosexuality Act with Museveni during their meeting.

The State Department referred the Washington Blade to the U.S. Embassy in Kampala, the Ugandan capital, for comment. The embassy did not respond to a request for comment.

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Virginia

Man convicted of murder in Fairfax was propositioned by male victim

Defendant faces possible 40-year prison term

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A Fairfax County Circuit Court jury on May 9 found a 31-year-old man guilty of second-degree murder for the June 10, 2023, stabbing death of a Fairfax City, Va., man after the man propositioned him for sex, according to a statement released by the Office of the Fairfax County Commonwealthā€™s Attorney.

The statement says Aaron Robertson had been charged with killing Luis Barahona Reyes, 50, in an apparent act of revenge after the two men got off a bus in Fairfax City and Barahona Reyes asked Robertson if he would like to engage in sex.

ā€œRobertson and Mr. Barahona Reyes were unknown to each other when they got off the same bus on Draper Street in Fairfax City around 11 p.m. on the night of June 9, 2023,ā€ the statement says. ā€œAfter a brief conversation, Robertson lured Mr. Barahona Reyes to a parking lot behind 9715 Fairfax Blvd, where Robertson knocked the victim unconscious,ā€ the statement continues.

ā€œRobertson later returned to the scene in the early morning hours of June 10, where he proceeded to beat, stab, and eventually kill Mr. Barahona Reyes,ā€ it says. ā€œRobertson then left and returned a third time to clean up the scene and try to dispose of the victimā€™s body.ā€

The statement adds, ā€œSubstantial forensic evidence introduced at trial connected Robertson to the murder, including  the victimā€™s blood on his shoes and Robertsonā€™s own DNA under the victimā€™s fingernails.ā€ 

It notes that additional evidence linking Robertson to the murder was obtained from surveillance camera footage and witness accounts from nearby Wawa and 7-Eleven stores showing him entering and leaving the stores multiple times to wash his hands.

ā€œProsecutors argued that Robertson attacked and killed the victim because Mr. Barahona Reyes propositioned Robertson for sex in their first encounter after getting off the bus,ā€ the statement says.

ā€œIā€™m personally dismayed this type of crime could happen in this day and age, especially in a community like Fairfax County that prides itself on being welcoming,ā€ said Fairfax County Commonwealthā€™s Attorney Steve Descano in the statement. ā€œMr. Barahona Reyesā€™ death is tragic, and the fact that he may have been killed for his sexuality only further adds to the injustice,ā€ he said.

Robertson is scheduled to be sentenced on July 26 and faces up to 40 years in prison for the second-degree murder conviction.

The Washington Post reports that during Robertsonā€™s trial, a portion of a recording of a confession that Robertson gave to Fairfax City police was played in court. The Post reports that Robertson stated in his confession that after he returned to the scene where he had knocked Barahona Reyes unconscious, Barahona Reyes ā€œslowly got up,ā€  pulled out a knife and lunged at Robertson. 

It was at that time, Robertson said in his confession, he became fearful of his life and was able to grab the knife away from Barahona Reyes and stabbed him multiple times, slammed his head on the ground, and strangled him, according to the Postā€™s story on the trial and conviction.

The Post story adds that Robertsonā€™s attorney urged the jury, based on what he said was Robertsonā€™s fear for his life, to hand down a verdict of manslaughter rather than first-degree murder as requested by prosecutors. As it turned out, the jury handed down a lesser but still serious verdict of second-degree murder.

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