Executive Order 13087

Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation.

In a statement issued the same day that he signed the order, President Clinton said, The Executive Order states Administration policy but does not and cannot create any new enforcement rights (such as the ability to proceed before the Equal Employment Opportunity Commission). Those rights can be granted only by legislation passed by the Congress, such as the Employment Non-Discrimination Act.

The order applies to civilian employees of the American military, but uniformed members of the armed forces are excluded from protection, being under the Don't ask, don't tell policy issued by Clinton in 1993. Furthermore, as Clinton's statement makes clear, an executive order cannot expand existing legislation such as the Civil Rights Act of 1964, so federal employees cannot appeal claims of discrimination to the Equal Employment Opportunity Commission. However, they can file complaints under the grievance procedure of the agency they work for, and under certain conditions may appeal their claims to the Merit Systems Protection Board or the Office of Special Counsel.

In 2005, The Human Rights Campaign and others claimed that "the head of the Office of Special Counsel, Scott Bloch, refuses to enforce these longstanding non-discrimination protections."

The issuance of the order gave rise to controversy. Opponents in United States Congress claimed that it would provide "special privileges" and "special breaks for special interests," and the conservative Southern Baptist Convention passed a resolution on June 11, 1998, asking the President to rescind the order, demanding that Congress nullify it if he did not do so. However, according to the Equal Opportunity Commission, "Executive Order 13087 did not create any new rights; however, it did set the stage for positive and constructive action by all units of the federal government to make certain that the workplace is one free from harassment and discrimination.