2 FAM 1500
EQUAL EMPLOYMENT OPPORTUNITY
2 FAM 1510
EEO Anti-discrimination policy — GENERAL
(CT:GEN-601; 01-12-2024)
(Office of Origin: S/OCR)
2 FAM 1511 POLICY
2 FAM 1511.1 State
(CT:GEN-596; 07-20-2023)
(State)
a. It is the policy of the Department of State to provide equal opportunity and fair and equitable treatment in employment to all people without regard to race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 years or older), disability, or genetic information. The Department commits to a workplace free from reprisal for prior EEO activity. EEO pre-complaint, complaint, and resolution procedures are set forth in 29 CFR 1614. Additional procedures and guidance is found in Equal Employment Opportunity Commission (EEOC) Management Directive 110.
b. The EEO complaint process is not available to individuals who believe they have been discriminated against based on military service, marital status, political affiliation, and similar non-merit-based factors. Individuals with such complaints may avail themselves of the appropriate procedures and remedies for allegations of prohibited personnel practices.
2 FAM 1511.2 U.S. Agency for International Development
(CT:GEN-596; 07-20-2023)
(USAID)
(Foreign Service Employees, Civil Service Employees, and Locally Employed
Staff)
a. It is the policy of the U.S. Agency for International Development to provide equal employment opportunity for all people; to prohibit discrimination and harassment on the basis of someone’s race, color, religion, sex (including pregnancy, gender identity, sexual orientation or transgender status), national origin, age, physical or mental disability, genetic information, political affiliation, parental status, marital status, and veteran status, and retaliation for engaging in EEO activity; and to build a diverse workforce and advance inclusion and equal employment opportunity through a continuing affirmative employment program in the Agency.
b. For more detailed information regarding EEO for the U.S. Agency for International Development, see USAID ADS 110, EEO.
2 FAM 1512 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 Equal Pay Act of 1963, as amended (29 U.S.C. 206(d)).
c. The Pregnancy Discrimination Act of 1978.
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. The Foreign Service Act of 1980, as amended (22 U.S.C. 3901, et seq.).
j. Equal Employment Opportunity Commission (EEOC) regulations contained in 29 CFR Part 1614.
2 FAM 1513 Definitions
(CT:GEN-596; 07-20-2023)
(State)
Aggrieved Party (AP) or Complainant (CP) – The person who initiates the EEO complaint process. If the person’s complaint is in the informal process, the person is referred to as the AP; if the person’s complaint is in the formal process, the person is referred to as the CP.
Alternative Dispute Resolution (ADR) – A non-adversarial process wherein a mediator facilitates resolution between the AP/CP and the Department. ADR is available in both the informal and formal processes.
EEO Counselor – A Department employee certified by S/OCR to facilitate resolution in the informal process. See also 2 FAM 1570.
EEO Protected Basis/Class/Characteristics – Race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 years or older), disability, genetic information, or retaliation for protected EEO activity.
Final Action – The Department’s last and final action on an EEO complaint. The final agency action may be in the form of a final agency decision, a final agency order implementing an Administrative Judge’s decision, or a final determination on a breach of settlement agreement claim.
Final Agency Decision (FAD) – A decision on a complaint of discrimination made by the Department, without an Administrative Judge, that is appealable to the EEOC. It includes decisions to dismiss or agency decisions on the merits.
Final Determination – A determination as to whether there was a breach of a settlement agreement that is appealable to EEOC.
Final Order – A decision by the Department to implement or not implement an Administrative Judge’s decision, which is appealable to the Commission.
Formal Process – Sometimes referred to as the “Complaint Stage,” it is the stage of the EEO complaint initiated by the filing of a formal discrimination complaint. The formal process is only available after conclusion of the informal process.
Informal Process – Sometimes referred to as the “Pre-Complaint Stage,” it is the first stage of an EEO complaint, where early resolution is the goal.
Mixed Case – A discrimination complaint related to, or stemming from, an action that can be appealed to the Merit Systems Protection Board (MSPB). See 2 FAM 1560.
Mediator – The individual authorized to facilitate ADR. The mediator is trained, neutral, and has no stake in the outcome of the proceeding. Their function is to assist the parties in resolving the underlying conflict.
Resolving Official – The individual with organizational authority to provide relief or resolve matters on behalf of the Department.
Responding (or Responsible) Management Official (RMO) – The person named by the AP/CP as the individual responsible for the alleged discrimination.
Settlement Agreement – The binding document, signed by all parties, that details the terms of the resolution to the complaint. This document is enforceable before the EEOC.
2 FAM 1514 APPLICABILITY
(CT:GEN-596; 07-20-2023)
(State)
Unless specifically so identified, the provisions in 2 FAM 1500 apply to:
(1) U.S. Department of State Foreign Service and Civil Service employees,
(2) EFMs employed on an FMA and EFMs employed on a PSA as defined in 3 FAM 7120,
(3) U.S. citizen personal services contractors (PSCs) as defined in 3 FAM 9000,
(4) U.S. citizens S/OCR deems jointly employed by the Department,
(5) LE Staff as defined in 3 FAM 7120 who are U.S. citizens,
(6) Non-U.S. citizen LE staff when located within the territorial boundaries of the United States,
(7) U.S. citizen applicants for employment with the Department, or
(8) Other covered individuals consistent with 29 CFR 1614.103(c).
2 FAM 1515 RESPONSIBILITIES
(CT:GEN-596; 07-20-2023)
(State)
a. Secretary of State: The Secretary is responsible for exercising personal leadership and for establishing, maintaining, and carrying out a continuing affirmative employment program designed to promote equal opportunity in every aspect of the Department’s personnel policies and practices (see 29 CFR 1614.102).
b. Director of the Office of Civil Rights (S/OCR) (see 1 FAM 022.4)
(1) As the EEO Director, S/OCR’s Director is the principal policy adviser to management, including the Secretary, Deputy Secretaries, and the Under Secretary for Management on all EEO matters and carries out implementation and enforcement of EEO programs. To exercise the independence required of the position, the Director is under the immediate supervision of the Secretary;
(2) As provided in 29 CFR 1614.102(b)(4), the Director shall designate:
(a) A Federal Women’s Program Manager (FWPM);
(b) A Hispanic Employment Program Manager (HEPM);
(c) A Disability Program Manager (DPM); and
(d) Any other Special Emphasis Program Managers deemed necessary to fulfill the needs of the Department’s EEO program;
(3) The Director shall designate Federal Women’s Program Coordinators (FWPCs), as deemed necessary by the FWPM, to assist in the effective implementation of the Department’s Federal Women’s Program; and
(4) As provided in 29 CFR 1614.102(b)(5) - (7), the Director shall designate EEO Counselors to assist in carrying out the EEO program and shall publicize to all employees the names and locations of such EEO Counselors. (See 2 FAM 1570.)
c. The ranking official at a duty station (i.e., Chief of Mission, Passport Agency Director, etc.) should promote and adhere to these policies, and should ensure that duty station practices adhere to merit system principles. The ranking official is strongly encouraged to meet regularly with the EEO team (including any local EEO Counselors, Federal Women’s Program Coordinators, and LE Staff EEO Liaisons) to review the EEO program at their duty station.
d. It is the role of management in the Department, including Assistant Secretaries down to line supervisors as well as Human Resources professionals to help uphold the merit system, i.e., by ensuring merit-based hiring and promotions and protection from discrimination and retaliation, and holding employees accountable for violations of these policies.
e. All Department employees must cooperate with S/OCR personnel, EEO Counselors and EEO investigators in the processing and resolution of complaints. See 29 CFR 1614.102(b)(6).
2 FAM 1516 PROCEDURES
(CT:GEN-596; 07-20-2023)
(State)
EEO Complaints procedures are outlined in 2 FAM 1530. See also 29 CFR 1614 and MD-110.
2 FAM 1516.1 Representation
(CT:GEN-596; 07-20-2023)
(State)
At any stage in the processing of a complaint, including the informal process, the AP/CP has the right to be accompanied, represented, and advised by a representative of their choice. This representative need not be an attorney. See also 29 CFR 1614.605.
2 FAM 1516.2 Use of Official Time
(CT:GEN-596; 07-20-2023)
(State)
a. See also 29 CFR 1614.605.
b. The AP/CP and/or their representative, if they are Department employees, should be allowed a reasonable amount of official time, if otherwise on duty, to: prepare the complaint; respond to Department and EEOC requests for information; meet with their representative. Time spent by AP/CP and their representative, if employed by the Department and otherwise in a pay status, shall be on official time, regardless of their tour of duty, if their presence is authorized or required by the Department or the EEOC.
c. Individuals who require official time in order to participate in the EEO process should submit a leave request for administrative leave in accordance with established leave procedures. “Reasonable” is defined in terms of hours, not in terms of days, weeks, or months.
d. The EEOC’s guidance makes it clear that the right to official time is a qualified right that must be balanced against the agency’s need to have the employee continue to perform his or her duties.
e. The actual number of hours to which an AP/CP and their representative are entitled will vary, depending on the nature and complexity of the complaint, the stage in the process of the complaint, and considering the mission of the Department.
f. Management should review each employee’s request for official time on a case-by-case basis. Time spent by the AP/CP and their representative in meetings and hearings with Department officials or with the EEOC Administrative Judge is automatically deemed reasonable.
g. Any questions regarding whether time requested meets or exceeds the requirements of official time should be directed to the Chief of Intake and Resolution in S/OCR.
2 FAM 1516.3 Initiating the EEO Process and Special Circumstances
(CT:GEN-596; 07-20-2023)
(State)
a. Any aggrieved individual (Foreign Service, Civil Service, contractors, Locally Employed Staff, and other federal employees – regardless of citizenship – or U.S. citizen applicant, who believes that they were subjected to employment discrimination, irrespective of the AP/CP’s employer or the employer of the individual alleged to have engaged in discriminatory activity, may initiate the informal process by contacting an EEO Counselor or S/OCR. See 2 FAM 1530.
b. To preserve their rights to file a formal EEO complaint, an employee or applicant generally (with limited exceptions) must initiate the informal process within 45 days of the date of the alleged discriminatory act, or within 45 days of the date they should reasonably have suspected discrimination. However, APs may participate in the informal process and seek resolution, even if more than 45 days have elapsed.
c. See 2 FAM 1560 for information on MSPB, FSGB, grievances, and class complaints.
2 FAM 1516.4 Requesting a Reasonable Accommodation for a Disability
(CT:GEN-596; 07-20-2023)
(State)
a. Employees and applicants may request a reasonable accommodation for a disability at any time, including during the processing of a complaint. For more information about reasonable accommodations for individuals with disabilities, refer to 3 FAM 3670 and 3 FAH-1 H-3670.
b. For non-U.S. citizen LE Staff outside the territorial boundaries of the United States, disability accommodations will be based on local law, and management should consult with local counsel or L/EMP as needed. Post management is encouraged to engage with employees to address requests at the earliest stage possible. Post should also consult with the Bureau of Global Talent Management, Office of Accessibility and Accommodations for advice on accommodations that may suit local conditions. For non-U.S. citizen LE Staff inside the territorial boundaries of the United States, disability accommodations will be based on 3 FAM 3670 and 3 FAH-1 H-3670.
2 FAM 1516.5 Requesting a Religious Accommodation
(CT: CT:GEN-596; 07-20-2023)
(State)
a. Employees and applicants may request a religious accommodation at any time, including at any stage of the processing of a complaint. For more information about requesting leave for religious holidays, see 3 FAM 3465.
b. For non-U.S. citizen LE Staff outside the territorial limits of the United States, religious accommodations will be based on local law, and management should consult with local counsel or L/EMP as needed. Post management is encouraged to engage with employees to address requests at the earliest stage possible.
2 FAM 1517 THROUGH 1519 UNASSIGNED