UNCLASSIFIED (U)

2 FAM 1570

EEO COUNSELORS AND LIAISONS

(CT:GEN-596;   07-20-2023)
(Office of Origin:  S/OCR)

2 FAM 1571  authority

(CT:GEN-596;   07-20-2023)
(Foreign Service, Civil Service Employees, and employees under Chief of Mission authority)

As provided in 29 CFR 1614.102(b)(5) - (7), the EEO 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.

2 FAM 1572  eeo counselor requirements

(CT:GEN-596;   07-20-2023)
(Foreign Service, Civil Service Employees, and employees under Chief of Mission authority)

An EEO Counselor shall conduct counseling activities only when in good standing with the EEO Counselor program.  This status includes, but is not limited to:

(1)  Satisfactory completion of the mandatory 32-hour Basic EEO Counselor Training (PT171) and certification as an EEO Counselor by S/OCR;

(2)  Satisfactory completion of the annual 8-hour EEO Counselor Refresher Training (PT173), or equivalent training from the EEOC with S/OCR approval, to maintain certification; and

(3)  S/OCR’s discretionary determination of the EEO Counselor’s continued suitability to fulfill the role, subject to the EEO Counselor Performance and Conduct policy available on S/OCR’s website.

2 FAM 1572.1  EEO Counselor Responsibilities

(CT:GEN-596;   07-20-2023)
(Foreign Service, Civil Service Employees, and employees under Chief of Mission authority)

The EEO Counselor will:

(1)  Provide counseling to any employee or applicant (Foreign Service, Civil Service, contractors, Locally Employed Staff, and other federal agency employees under Chief of Mission authority or security authority), regardless of citizenship, who initiates counseling.  (See 29 CFR 1614.105);

(2)  Attempt to resolve informally the matter raised by the employee or applicant before a formal complaint of discrimination may be filed;

(3)  Diligently perform their role, including but not limited to:

(a)  Maintaining neutrality;

(b)  Providing information about EEO rights and responsibilities;

(c)  Reporting allegations of harassment to S/OCR;

(d)  Never attempting to persuade or dissuade an individual who is considering filing a complaint of discrimination; See also 29 CFR 1614.105(g);

(e)  Never acting as a representative for individuals or management during the EEO process;

(f)   Avoiding (even the perception of) a conflict of interest with the Counselor role and the role’s neutrality; for example, by refusing advocacy roles (such as a FWPC, union representative, or DEIA council chair) and recusing themselves from cases that would create a conflict of interest; and

(g)  Never discussing the allegations or revealing the identity of any individual who consulted the EEO Counselor, except to S/OCR or during counseling when expressly authorized to do so by the employee or applicant.

(4)  EEO Counselors serve the whole Department, not just the location to which they are assigned. Anyone may contact an EEO Counselor in any location to request EEO counseling.

(5)  The responsibilities of EEO Counselors may be further determined and specified by the S/OCR Director. See also 29 CFR 1614.105(g).

2 FAM 1572.2  EEO Counselor Selection

(CT:GEN-596;   07-20-2023)
(Foreign Service, Civil Service Employees, and employees under Chief of Mission authority)

a. S/OCR has ultimate discretion in determining the appropriate number of EEO Counselors to serve at a post/office (“duty station”), which is, in part, determined by the size of the duty station.

b. The following steps must be completed before an individual can serve as an EEO Counselor:

(1)  The individual must complete an application and have it approved by an endorsing official. Endorsing officials must be an Ambassador, Principal Officer, Deputy Chief of Mission, Consul General, Passport Agency Director, or someone of equivalent leadership rank or higher at the nominating duty station.

(2)  S/OCR will review and determine whether to approve the application.

(3)  The applicant must successfully complete the Basic EEO Counselor Training (PT-171).

c.  For more detailed information about the appropriate number of EEO Counselors to serve at a particular duty station, consult S/OCR’s Chief of Intake and Resolution. In general:

(1)  For smaller duty stations, S/OCR recommends endorsing an EEO Counselor as needed, on a case-by-case basis;

(2)  For medium-sized duty stations, S/OCR recommends endorsing at least one EEO Counselor; and

(3)  For larger duty stations, S/OCR recommends endorsing at least two EEO Counselors.

d.  All duty stations shall publicize contact information of the EEO Counselor(s) at that location. A full list of EEO Counselors can be found on S/OCR’s internal website.

e.  If a duty station believes that the service of an EEO Counselor thereto is not needed, that duty station shall provide a justification for the decision to S/OCR for ultimate consideration.

2 FAM 1572.3  Locally Employed Staff EEO Liaisons

(CT:GEN-596;   07-20-2023)
(Foreign Service, Civil Service Employees, and employees under Chief of Mission authority)

Locally Employed Staff EEO Liaisons (LE Staff EEO Liaisons):

(1)  At posts abroad, LE Staff EEO Liaisons shall act as conduits between S/OCR, EEO Counselors and LE Staff who have informal EEO complaints;

(2)  LE Staff EEO Liaisons shall perform the role only when in good standing in the LE Staff EEO Liaison program, as determined by S/OCR. To be in good standing, an LE Staff EEO Liaison must at a minimum:

(a)  Complete S/OCR’s 8-hour LE Staff EEO Liaison training;

(b)  Demonstrate continued suitability for the role; and

(c)  Diligently perform the role of LE Staff EEO Liaison, including but not limited to:

(i)     Maintaining neutrality;

(ii)    Reporting allegations of harassment to S/OCR;

(iii)    Never attempting in any way to persuade or dissuade an individual who is considering filing a complaint of discrimination;

(iv)   Never acting as a representative for individuals or management during the EEO process; and

(v)    Never discussing the allegations or revealing the identity of any individual who consulted an EEO Counselor or LE Staff EEO Liaison, except to S/OCR or during counseling when expressly authorized to do so by the employee or applicant.

(3)  All posts are encouraged to identify at least one LE Staff to serve as an LE Staff EEO Liaison.  LE Staff EEO Liaisons should have the trust of the LE Staff community and be representative of the LE Staff population in terms of position, length of time at post, etc.

(4)  The responsibilities of LE Staff EEO Liaisons may further be determined and specified by the S/OCR Director.

2 FAM 1572.4  Employee Responsibilities

(CT:GEN-596;   07-20-2023)
(Foreign Service, Civil Service Employees, and employees under Chief of Mission authority)

a. The ranking official at a duty station is strongly encouraged to meet regularly with the EEO team to review the EEO program at their duty station (2 FAM 1515(c)). For more, see the Department’s Leadership and Management Principles (3 FAM 1214).

b. Pursuant to 29 CFR 1614.102(b)(6), all Department employees are expected to fully cooperate with S/OCR personnel, EEO Counselors and EEO investigators in the processing and resolution of complaints.

2 FAM 1573  THROUGH 1579  UNASSIGNED

 

                                                                                           

UNCLASSIFIED (U)