The transition team for President-elect Barack Obama and Vice President-elect Joe Biden are soliciting applicants for non-career federal jobs, and are committing to non-discrimination on the basis of gender identity or sexual orientation.

According to CCH, this marks a shift in hiring practices in the Executive Branch because for the first time employment discrimination based on gender identity is prohibited in Executive Branch civil service hiring, and also clarifying that the nondiscrimination policy applies to both appointments and civil service positions. CCH says that sexual orientation has been a protected category in Executive Branch civil service hiring since 1998 under Executive Order, which also applies to the District of Columbia and U.S. Postal Service, but does not apply to the CIA, NSA and FBI. Federal law does not prohibit private employers from discriminating based on sexual orientation or gender identity. (Hawaii law prohibits employment discrimination based on sexual orientation.)