The OFCCP (Office of Federal Contract Compliance Programs) exists to enforce EO 11246 (signed in 1965), which requires federal contractors and subcontractors to commit to nondiscrimination. Berry goes on to describe anti-discrimination “theories” based on sexual orientation and gender identity as “novel.” I feel compelled to point out here that Berry is an admitted self-hating closeted gay man. Berry is the author of the book “Satisfaction Guaranteed” (2016), which is a self-help book for same-sex attracted Christians (as he himself is one) designed to help them resist those attractions, and purports that real satisfaction can only be found via a relationship with Jesus Christ.

Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.