Those rights can be granted only by legislation passed by the Congress, such as the Employment Non-Discrimination Act.Federal employees cannot appeal claims of discrimination under Executive Order 13087 to the EEOC, but they can file complaints under the grievance procedure of the agency where they work and, under certain conditions, may appeal their claims to the Merit Systems Protection Board or the Office of Special Counsel.

[2] Clinton had previously included "sexual orientation" in Executive Order 12968 (1995) when listing the characteristics forbidden as the basis for discrimination when granting federal employees access to classified information.

"[6] On June 11, 1998, the conservative Southern Baptist Convention passed a resolution asking the President to rescind the order and demanding that Congress nullify it if he did not do so.

[5] Later in 1998, several congressmen, including Republicans Bob Barr of Georgia and Joel Hefley of Colorado, introduced bills designed to overturn 13087 or to prohibit government agencies from spending any funds to enforce it.

[6] According to the Equal Employment Opportunity Commission:[7] 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.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.