The new head of the Office of Special Counsel (OSC), Scott J. Bloch, recently scrubbed the agency’s webpage removing references to protection from sexual orientation discrimination. The OSC is an independent agency with a primary mission to safeguard federal employees by protecting their workplace rights for activities such as whistleblowing. The National Treasury Employees Union (NTEU) issued a press release Feb. 12 announcing the changes to OSC’s website. Bloch, a Republican appointee, ordered the removal of reference to sexual orientation in a discrimination complaint form, training slides, and a federal employee rights brochure. Additionally, all references to a June 2003 OSC press release announcing the settlement of a sexual orientation discrimination case were removed.

Bloch defended his actions by stating the office is unclear on the interpretation of a civil service law provision that bans discrimination “on the basis of conduct which does not adversely affect the performance of the employee or applicant.” Therefore, he decided to remove the information pending a review.

Government policy declares that anti-gay job discrimination is illegal in the federal workplace; this policy has been in place since 1975 and has been enforced by every president since. The Office of Personnel Management (OPM) still maintains information on sexual orientation discrimination, but the primary agency that enforces non-discrimination policies based on sexual orientation is OSC.

Several members of the Senate Governmental Affairs Committee sent Bloch a letter Feb. 19 expressing concern that his actions seem inconsistent with statements from his confirmation hearing, according to the Washington Post. During the hearing, Bloch stated "sexual conduct can clearly fall within the definition of conduct that is not adverse to the on-the-job performance of an employee, applicant or performance of others.” The letter was signed by Sens. Carl M. Levin (D-MI), Daniel K. Akaka (D-HI), Susan Collins (R-ME), and Joseph I. Lieberman (D-CT).

Gay rights groups have expressed outrage at the agency’s actions, and characterized it as a political offering to the conservative right.

Before accepting the position at OSC, Bloch served as deputy director and counsel to the Task Force for Faith-Based and Community Initiatives at the Justice Department.