Federal Benefits and Non-Discrimination

This memorandum directs federal agencies to extend available employment benefits to same-sex domestic partners of federal employees where legally authorized, requires a 90-day review of additional benefits that could be extended, and mandates OPM guidance within 90 days on compliance with non-discrimination laws for federal workplaces.

Federal Register Open PDF 74 FR 29393

Impact dates

Sep 15, 2009
Agency heads report review results to OPM Director
Sep 15, 2009
OPM issues guidance on non-discrimination compliance

Key directives

Secretary of State and OPM Director shall extend identified benefits to qualified same-sex domestic partners where consistent with federal law
All agency heads shall conduct review of benefits and report within 90 days to OPM Director
OPM Director shall recommend additional measures to the President
OPM shall issue guidance within 90 days on compliance with civil service non-discrimination laws including 5 U.S.C. 2302(b)(10)
OPM Director authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

OPM authorized to publish memorandum in Federal Register
Secretary of State and OPM Director directed to extend identified benefits

Near term (90d)

Agency heads must complete review of benefits and report to OPM Director
OPM must issue guidance on non-discrimination compliance

Long term

Potential expansion of benefits based on OPM recommendations to the President
Improved federal recruitment/retention competing with private sector

Risks & tensions

Memorandum explicitly acknowledges no legal authority to extend many federal benefits to same-sex partners, limiting scope to 'existing law'
Sec. 4(c) disclaimers create no enforceable rights, making implementation dependent on agency discretion
Potential tension between extending benefits and Defense of Marriage Act constraints then in effect