special circumstances
(CT:GEN-629; 04-15-2026)
(Office of Origin: S/OCR)
2 FAM 1561 PURPOSE
(CT:GEN-596; 07-20-2023)
(State)
This policy outlines special circumstances that may arise in the processing of EEO complaints.
2 FAM 1562 AUTHORITY
(CT:GEN-601; 01-12-2024)
(State)
a. Title VII of the Civil Rights Act of 1964, as amended (Title VII) (42 U.S.C. 2000e et seq.).
b. The Pregnancy Discrimination Act of 1978.
c. The Equal Pay Act of 1963, as amended (29 U.S.C. 206(d)).
d. The Age Discrimination in Employment Act, as amended (ADEA) (29 U.S.C. 633a).
e. The Civil Rights Act of 1991.
f. The Rehabilitation Act of 1973, as amended (Rehabilitation Act) (29 U.S.C. 791 et seq.).
g. Genetic Information Nondiscrimination Act of 2008 (GINA) (29 U.S.C. 2000ff).
h. The Pregnant Workers Fairness Act of 2022 (PWFA).
i. Equal Employment Opportunity Commission (EEOC) regulations contained in 29 CFR 1614.201.
j. EEOC regulations contained in 29 CFR 1614.302.
k. Merit Systems Protection Board (MSPB) regulations at 5 CFR 1201.151.
l. The Foreign Service Act of 1980, as amended (22 U.S.C. 4131(a)(1)(H)).
2 FAM 1563 APPLICABILITY
(CT:GEN-596; 07-20-2023)
(State)
The provisions of 2 FAM 1560 apply in varying degree and are stated in each subsection.
2 FAM 1564 Provisions Applicable to Particular TYPES OF Complaints
(CT:GEN-596; 07-20-2023)
2 FAM 1564.1 Age Discrimination in Employment Act and Equal Pay Act Cases
(CT:GEN-596; 07-20-2023)
(State)
a. For applicability, please see 2 FAM 1514.
b. Individuals alleging age or equal pay discrimination are not required to pursue an administrative EEO complaint. They may bypass the administrative EEO process and file a civil action in U.S. District Court. If the CP elects to file a formal complaint, they must exhaust administrative remedies before they may file a civil action in U.S. District Court. See MD-110, chapter 4.
c. An individual alleging age discrimination in federal court must provide the EEOC with written notice of the intention to sue at least 30 days in advance of filing suit. The notice to the EEOC must be filed within 180 days of the date of the alleged discriminatory action.
d. If a CP wants to file a formal EEO complaint, it will be processed like a Title VII complaint under 29 CFR 1614. Title VII also makes it illegal to discriminate on the basis of sex in the payment of wages and benefits. CPs must file EPA cases regardless of forum within two years of the discriminatory action or, if a willful violation is alleged, three years.
2 FAM 1564.2 Class Complaints
(CT:GEN-628; 02-19-2026)
(State)
a. For applicability, please see 2 FAM 1514.
b. Per 29 CFR 1614.204, a class is a group of current or former employees or applicants who have allegedly been, or are being, adversely affected by a Department policy or practice that discriminates against the group on the basis of race; color; religion; sex; national origin; age (40 years or older); disability; genetic information; pregnancy, childbirth, or related medical conditions; or reprisal for protected EEO activity.
c. A class may file a discrimination complaint per the rules set forth in 29 CFR 1614.204 and MD-110, chapter 8.
2 FAM 1564.3 Mixed Case Complaints
(CT:GEN-596; 07-20-2023)
(State)
(Civil Service Employees only)
a. A complaint of discrimination, filed with S/OCR, related to (or stemming from) an action that can be appealed to the Merit Systems Protection Board (MSPB) is called a “mixed case complaint”. A “mixed case appeal” is an appeal filed with the MSPB alleging that an appealable action was effected, in whole or in part, because of discrimination.
b. An individual may initially file a mixed case complaint through S/OCR or a mixed case appeal with the MSPB, but not both. Whichever action is filed first is considered the CP’s election. Requesting EEO counseling is not an election.
(1) Acceptance/Dismissal: S/OCR’s acceptance/dismissal procedures for mixed case complaints are no different than for non-mixed case complaints. See 2 FAM 1536.
(2) Procedures for Processing: S/OCR processes mixed case complaints similarly to other discrimination complaints with the following exceptions:
(a) S/OCR will advise CP from the outset that if a final decision is not issued within 120 days of the complaint filing, CP may appeal the matter to the MSPB or file a civil action in federal district court but not both;
(b) Upon completion of the investigation, S/OCR will advise CP that a final decision without a hearing will be issued within 45 days; and
(c) At the time S/OCR issues its final decision, S/OCR shall advise CP of the right to appeal the matter to the MSPB (not the EEOC) within 30 days of receipt, or, in the alternative, to file a civil action in federal district court.
c. For additional information on mixed case complaints, see 29 CFR 1614.302 and MD-110, chapter 4. For a list of matters appealable to the MSPB and instructions on filing a mixed case appeal, visit MSPB’s website.
2 FAM 1564.4 EEO Complaints and Grievances
(CT:GEN-596; 07-20-2023)
(State)
(Foreign Service and Civil Service Employees only)
An employee covered by a collective bargaining agreement that permits allegations of discrimination to be raised in a negotiated grievance procedure must elect to either (1) raise the matter as a formal complaint with S/OCR, or (2) use the negotiated grievance procedure. Employees may not elect to use both procedures on related allegations. Requesting EEO counseling does not constitute an election. FS employees should consult 3 FAM 4400, CS bargaining unit employees (BUEs) in passport services should consult with NFFE, and all other CS BUEs should consult with AFGE. CS non-BUEs should consult 3 FAM 4700 to determine their grievance rights.
2 FAM 1565 CONFLICT CASES
(CT:GEN-629; 04-15-2026)
(State)
a. The Department is committed to processing EEO complaints fairly and impartially. This includes properly handling cases that may present a conflict of interest. A conflict of interest internal to S/OCR may occur when the named responsible management official is an employee of S/OCR, or when the complainant is a current employee or applicant for employment with S/OCR. Conflicts of interest external to S/OCR may occur when, for example, the head of the Agency or a member of the immediate staff of the Agency head is directly implicated.
b. To initiate a conflict case, please follow the procedures on S/OCR’s internal/external website.
2 FAM 1566 NON-EEO PROTECTED CATEGORIES
(CT:GEN-596; 07-20-2023)
(State)
The Department provides equal opportunity and fair treatment in employment to all people without regard to marital status, political affiliation, parental status, military service, whistleblowing, and other non-merit-based factors. However, these bases do not fall under the purview of the EEO complaint process. Individuals with such complaints may avail themselves of the appropriate procedures and remedies for prohibited personnel practices (including whistleblower retaliation).
2 FAM 1567 THROUGH 1569 UNASSIGNED