Bills sponsored by Sen. Daniel K. Akaka, D-Hawai'i, and Rep. Henry Waxman, D-Calif., would affirm that the government's gay employees may appeal to the Merit Systems Protection Board and that the Office of Special Counsel may prosecute cases in which employees believe they have encountered bias, such as a supervisor who fires a worker because of his or her sexual orientation.

At issue are differing and legally complex views on civil service law that emerged shortly after complaints from federal workers who allege unfair treatment by their superiors or their agencies. The merit board rules in cases brought by employees who are appealing major disciplinary action by their agencies.

The House and Senate bills would repudiate a stance taken by Bloch, who has said that, under the law, federal employees are protected from discrimination based on their conduct, such as an off-duty appearance in a gay pride celebration, but that the law does not extend to protections against discrimination based on sexual orientation.

Akaka and others, however, point out that the law has been interpreted by the Office of Personnel Management since 1980 as protecting federal employees against inquiries or personnel actions based on their sexual orientation.

Bloch, in turn, contends that is a policy statement by the OPM, while his office is chartered to enforce laws.

In a statement introducing the Senate bill, Akaka said, "We cannot allow one Administration official's opinion to undermine the merit system or the rights and protections of federal workers."