Thank you for noticing our inadvertent omission in our NoFEAR training.  We intend to fix the NoFEAR CBT by inserting “including Sexual Orientation and Gender Identity” in the “sex” basis on slide 3 of the CBT, and then remove the term “sexual orientation” from slide 18— Additional Protections.  The Agency wants to ensure that all employees are aware that the USPTO provides legal protection under the EEOC’s regulations and case law for discrimination claims involving sexual orientation and gender identity and processes them the way we do all complaints arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Rehabilitation Act.

Additionally, the narrator’s notes for the audio on slide 3 will be updated to state:

“A federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex (including sexual orientation based on stereotyping and gender identity), national origin, age, disability, genetic information, and retaliation.”

Thanks again for providing your thoughtful comments to help us best serve the USPTO community.