3 FAM 1520
NON-DISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL
ORIGIN, SEX, OR RELIGION
(CT:PER-631; 12-14-2010)
(Office of Origin: S/OCR)
3 FAM 1521 POLICY
(CT:PER-567; 09-22-2005)
(State)
(Foreign Service and Civil Service Employees)
In accordance with Title VII of the Civil Rights Act of
1964 (Title VII), the Department of State prohibits discrimination in
employment on the basis of race, color, national origin, sex, or religion, and
ensures that all personnel actions affecting employees or applicants for
employment are free from discrimination on such bases.
3 FAM 1522 AUTHORITY
(CT:PER-567; 09-22-2005)
(State)
(Foreign Service and Civil Service Employees)
a. Title VII of the Civil Rights Act of 1964, as
amended (Title VII) (42 U.S.C. 2000e et seq.);
b. The Foreign Service Act of 1980, as amended (22
U.S.C. 3901, et seq.); and
c. Equal Employment Opportunity Commission (EEOC)
regulations contained in 29 CFR 1614.
3 FAM 1523 APPLICABILITY
(CT:PER-567; 09-22-2005)
(State)
(Foreign Service and Civil Service Employees)
The regulations in 3 FAM 1500 and 3 FAH-1 H-1500 apply
to all U.S. citizen Foreign Service (FS) and Civil Service (CS) employees and
employment applicants of the Department of State, not including non-U.S.
citizens located outside the territorial boundaries of the United States.
3 FAM 1524 PROCEDURES AND GUIDELINES
GOVERNING ALLEGATIONS OF DISCRIMINATION BASED ON RACE, COLOR, NATIONAL ORIGIN, SEX
AND/OR RELIGION
(CT:PER-567; 09-22-2005)
(State)
(Foreign Service and Civil Service Employees)
a. Procedures on the filing and processing of
complaints of discrimination under the authorities contained in this chapter
are published in 3 FAH-1 H-1510.
b. In addition to these procedures, employees are also
entitled to use the procedures enumerated in 3 FAM 1525.2-2,
paragraph d, Employees Rights and Responsibilities.
3 FAM 1525 ANTI-SEXUAL HARASSMENT
POLICY
(CT:PER-567; 09-22-2005)
(State)
(Foreign Service and Civil Service Employees)
a. The Department of State is committed to providing a
workplace that is free from sexual harassment. Sexual harassment in the
workplace is against the law and will not be tolerated. When the Department
determines that an allegation of sexual harassment is credible, it will take
prompt and appropriate corrective action.
b. All Department employees, including but not limited
to staff, supervisors, and senior officials, are required to comply with this
policy. Employees are expected to behave professionally and to exercise good
judgment in work-related relationships, whether with fellow employees, business
colleagues, or members of the public with whom they come in contact in the
course of official duties. Further, all employees are expected to take
appropriate measures to prevent sexual harassment. Unwelcome behavior of a
sexual nature should be stopped before it becomes severe or pervasive and rises
to a violation of law.
3 FAM 1525.1 What Is Sexual
Harassment?
(CT:PER-567; 09-22-2005)
(State)
(Foreign Service and Civil Service Employees)
a. Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature constitute
sexual harassment when:
(1) An employment decision affecting that individual
is made because the individual submitted to or rejected the unwelcome conduct;
or
(2) The unwelcome conduct unreasonably interferes with
an individuals work performance or creates an intimidating, hostile, or
abusive work environment.
b. Certain behaviors, such as conditioning promotions,
awards, training, or other job benefits upon acceptance of unwelcome actions of
a sexual nature, are always wrong.
c. Unwelcome actions such as the following are
inappropriate and, depending on the circumstances, may in and of themselves
meet the definition of sexual harassment or contribute to a hostile work
environment:
(1) Sexual pranks, or repeated sexual teasing, jokes,
or innuendo, in person or via e-mail;
(2) Verbal abuse of a sexual nature;
(3) Touching or grabbing of a sexual nature;
(4) Repeatedly standing too close to or brushing up
against a person;
(5) Repeatedly asking a person to socialize during
off-duty hours when the person has said no or has indicated he or she is not
interested (supervisors in particular should be careful not to pressure their
employees to socialize);
(6) Giving gifts or leaving objects that are sexually
suggestive;
(7) Repeatedly making sexually suggestive gestures;
(8) Making or posting sexually demeaning or offensive
pictures, cartoons, or other materials in the workplace; and
(9) Off-duty, unwelcome conduct of a sexual nature
that affects the work environment.
d. A victim of sexual harassment can be a man or a
woman. The victim can be of the same sex as the harasser. The harasser can be
a supervisor, co-worker, other Department employee, or a nonemployee who has a
business relationship with the Department.
3 FAM 1525.2 Responsibilities
and/or Rights
3 FAM 1525.2-1 The Departments
Responsibilities
(CT:PER-631; 12-14-2010)
(State)
(Foreign Service and Civil Service Employees)
a. If the Department receives an allegation of sexual
harassment, or has reason to believe sexual harassment is occurring, it will
take the necessary steps to ensure that the matter is promptly investigated and
addressed. If the allegation is determined to be credible, the Department will
take immediate and effective measures to end the unwelcome behavior. The
Department is committed to taking action if it learns of possible sexual
harassment, even if the individual does not wish to file a formal complaint.
b. The Office of Civil Rights (S/OCR) is the main
contact point for questions or concerns about sexual harassment. S/OCR has
responsibility for investigating or overseeing investigations of alleged sexual
harassment. S/OCR is committed to ensuring that all investigations of sexual
harassment are conducted in a prompt, thorough, and impartial manner.
c. Supervisors and other responsible Department
officials who observe, are informed of, or reasonably suspect incidents of
possible sexual harassment must immediately report such incidents to S/OCR,
which will either initiate or oversee a prompt investigation. Failure to
report such incidents to S/OCR will be considered a violation of this policy
and may result in disciplinary action. S/OCR will provide guidance as needed
on investigating and handling the potential harassment. Supervisors should
take effective measures to ensure no further apparent or alleged harassment
occurs pending completion of an investigation.
d. The Department will seek to protect the identities of
the alleged victim and harasser, except as reasonably necessary (for example,
to complete an investigation successfully). The Department will also take the
necessary steps to protect from retaliation those employees who in good faith
report incidents of potential sexual harassment. It is a violation of both
Federal law and this policy to retaliate against someone who has reported
possible sexual harassment. Violators may be subject to discipline.
e. Employees who have been found by the Department to have
subjected another employee to unwelcome conduct of a sexual nature, whether
such behavior meets the legal definition of sexual harassment or not, will be
subject to discipline or other appropriate management action. Discipline will
be appropriate to the circumstances, ranging from a letter of reprimand through
suspensions without pay of varying lengths to separation for cause. A verbal
or written admonishment, while not considered formal discipline, may also be
considered.
3 FAM 1525.2-2 Employees Rights
and Responsibilities
(CT:PER-631; 12-14-2010)
(State)
(Foreign Service and Civil Service Employees)
a. Any employee who believes he or she has been the
target of sexual harassment is encouraged to inform the offending person orally
or in writing that such conduct is unwelcome and offensive and must stop.
b. If the employee does not wish to communicate
directly with the offending person, or if such communication has been
ineffective, the employee has multiple avenues for reporting allegations of sexual
harassment and/or pursuing resolution.
c. Employees are encouraged to report the unwelcome
conduct as soon as possible to a responsible Department official. It is
usually most effectivealthough it is not requiredthat the official be within
the employees supervisory chain. Responsible Department officials include
first- or second-line supervisors, the offending persons supervisor, the
posts management officer, the bureaus executive director, or the Office of
Civil Rights (S/OCR).
d. In addition to reporting sexual harassment concerns
to a responsible Department official, employees who believe they have been
subjected to sexual harassment may elect to pursue resolution in several ways,
including:
(1) Mediation: Mediation is an informal way to
resolve office problems using a trained mediator who facilitates communication
between the parties to the dispute. If an employee chooses to attempt
resolution through mediation, management is obligated by Department policy to
send a representative to the table. If a resolution is not reached, the
parties may continue to pursue their rights in any other appropriate forum.
Employees may ask for the assistance of a mediator by contacting S/OCR;
(2) Grievances: Civil servants who are not covered by
a negotiated grievance procedure cannot bring grievances on EEO matters. Civil
Service employees who are covered by a negotiated grievance procedure may only
file a grievance alleging sexual harassment or other EEO matters if permitted
by the governing collective bargaining agreement. Members of the Foreign
Service may file grievances on EEO matters; however, pursuant to 3 FAM 4428,
they must elect to file either a grievance or a formal EEO complaint. If a
Foreign Service employee elects to file a grievance, the Grievance Staff (HR/G)
will investigate the allegations and recommend a resolution to the Deputy
Assistant Secretary responsible for rendering the agency decision on
grievances. The employee may appeal to the Foreign Service Grievance Board;
(3) EEO processes: All employees working in the United
States and U.S. citizens working for the Department abroad can file an Equal
Employment Opportunity (EEO) complaint with the Department. An employee who
wishes to file a complaint under EEO procedures must consult an EEO counselor
within 45 days of the alleged incident. A list of EEO counselors is available
on S/OCRs Web site. It is not necessary for an employee to complain to his or
her supervisor before approaching an EEO counselor, nor to attempt informal
resolution through mediation or other means. (NOTE: Some contractors cannot,
by law, bring EEO complaints against the Department; contractors may contact S/OCR
for guidance); and
(4) Processes for Foreign Service nationals (FSNs):
Issues raised by FSNs are handled at post consistent with post-established
procedures for FSN discrimination complaints and guidance available on the S/OCR
Web site. FSNs with questions about post procedures should contact the posts
senior management officer and/or designated EEO counselor. FSNs may also
contact S/OCR for guidance.
e. More information about the resolution and complaint
processes is available on the S/OCRs Web site.
3 FAM 1526 DISCRIMINATORY HARASSMENT
POLICY
(CT:PER-631; 12-14-2010)
(State)
(Foreign Service and Civil Service Employees)
a. The Department of State is committed to providing a
workplace that is free from discriminatory harassment. Employees must not
harass anyone because of race, color, gender, national origin, religion,
physical or mental disability, sexual orientation, or because the person is 40
years old or older. Employees also must not harass someone for opposing
discrimination or for participating in the discrimination complaint process.
b. Sexual harassment is addressed separately in 3 FAM 1525,
Anti-Sexual Harassment Policy.
c. All Department employees, including but not limited
to staff, supervisors, and senior officials, must comply with this policy. All
employees are also expected to take appropriate measures to prevent
discriminatory harassment. Employees who believe they are being harassed for
one of the reasons listed above or who witness potential harassment are
encouraged to report the offending conduct so that it can be stopped before it
becomes severe or pervasive and rises to a possible violation of law.
3 FAM 1526.1 What Is
Discriminatory Harassment?
(CT:PER-567; 09-22-2005)
(State)
(Foreign Service and Civil Service Employees)
a. Discriminatory harassment is verbal or physical
conduct that denigrates or shows hostility toward an individual because of his
or her race, color, gender, national origin, religion, age (40 or over),
physical or mental disability, sexual orientation, or because of his or her
opposition to discrimination or his or her participation in the discrimination complaint
process. In general, harassment is against the law when it creates an
intimidating, hostile, or offensive working environment, or when it interferes
with an individuals work performance.
b. Some examples of conduct that might constitute
harassment include:
(1) Racial epithets, "jokes," offensive or
derogatory comments, or other verbal or physical conduct based on an
individual's race/color;
(2) Ethnic slurs, workplace graffiti, or other
offensive conduct directed towards an individual's birthplace, ethnicity,
culture, or foreign accent;
(3) Verbal or physical abuse, jokes, or offensive
comments based on an individuals age, gender, disability, or sexual
orientation; and
(4) Making, posting, e-mailing, or circulating
demeaning or offensive pictures, cartoons, or other materials in the workplace
that relate to race, ethnic origin, gender, or one of the other protected
categories listed above, or using U.S. Government equipment to circulate such
materials.
c. The harasser can be a supervisor, co-worker, other
Department employee, or a nonemployee who has a business relationship with the
Department.
3 FAM 1526.2 The Departments
Responsibilities Under This Policy
(CT:PER-631; 12-14-2010)
(State)
(Foreign Service and Civil Service Employees)
a. If the Department receives an allegation of
discriminatory harassment, or has reason to believe such harassment is
occurring, it will take the steps necessary to ensure that the matter is
promptly investigated and addressed. If the allegation is determined to be
credible, the Department will take immediate and effective measures to end the
unwelcome behavior. The Department is committed to taking action if it learns
of possible discriminatory harassment, even if the individual does not wish to
file a formal complaint.
b. The Office of Civil Rights (S/OCR) is the main
contact point for questions or concerns about discriminatory harassment. S/OCR
is responsible for investigating or overseeing investigations of alleged
discriminatory harassment. S/OCR is committed to ensuring that all
investigations are conducted in a prompt, thorough, and impartial manner.
c. Supervisors and other responsible Department
officials who observe, are informed of, or reasonably suspect incidents of
possible discriminatory harassment must immediately report such incidents to S/OCR,
which will either initiate or oversee a prompt investigation. Failure to
report such incidents to S/OCR will be considered a violation of this policy
and may result in disciplinary action.
d. S/OCR will provide guidance as needed on
investigating and handling the potential harassment. Supervisors should take
effective measures to ensure no further apparent or alleged harassment occurs
pending completion of an investigation.
e. The Department will seek to protect the identities
of the alleged victim and harasser, except as reasonably necessary (for
example, to complete an investigation successfully). The Department will also
take the necessary steps to protect from retaliation those employees who in good
faith report incidents of potential discriminatory harassment. It is a
violation of both Federal law and this policy to retaliate against someone who
has reported unlawful harassment. Violators may be subject to discipline.
f. Employees who have been found by the Department to
have discriminatorily harassed others may be subject to discipline or other
appropriate management action. Discipline will be appropriate to the
circumstances, ranging from a letter of reprimand to suspensions without pay to
separation for cause. A verbal or written admonishment, while not considered
formal discipline, may also be considered.
3 FAM 1526.3 Employees Rights and
Responsibilities Under This Policy
(CT:PER-631; 12-14-2010)
(State)
(Foreign Service and Civil Service Employees)
a. Any employee who believes he or she has been the
target of discriminatory harassment is encouraged to inform the offending
person orally or in writing that such conduct is unwelcome and offensive and
must stop.
b. If the employee does not wish to communicate
directly with the offending person, or if such communication has been
ineffective, the employee has multiple avenues for reporting allegations of
discriminatory harassment and/or pursuing resolution.
c. Employees are encouraged to report the unwelcome
conduct as soon as possible to a responsible Department official. It is
usually most effective, although it is not required, that the official be
within the employees supervisory chain. Responsible Department officials
include first- or second-line supervisors, the offending persons supervisor,
the posts management officers, the bureaus executive director, and the Office
of Civil Rights (S/OCR).
d. In addition to reporting harassment concerns to a
responsible Department official, employees who believe they have been subjected
to discriminatory harassment may choose to pursue resolution in several other
ways, including:
(1) Mediation: Mediation is an informal way to
resolve office problems using a trained mediator who facilitates communication
between the parties to the dispute. If an employee chooses to attempt
resolution through mediation, management is obligated by Department policy to
send a representative to the table. If a resolution is not reached, the
parties may continue to pursue their rights in any other appropriate forum.
Employees may ask for the assistance of a mediator by contacting S/OCR;
(2) Grievances: Civil Service employees who are
covered by a negotiated grievance procedure may have the option to file a
grievance alleging discriminatory harassment if permitted by the governing
collective bargaining agreement. Civil servants who are not covered by a
negotiated grievance procedure generally may not bring grievances alleging
discriminatory harassment. Members of the Foreign Service may file grievances
on EEO matters; however, pursuant to 3 FAM 4428,
they must elect to file either a grievance or a formal EEO complaint. If a
Foreign Service employee elects to file a grievance, the Grievance Staff (HR/G)
will investigate the allegations and recommend a resolution to the deputy
assistant secretary responsible for rendering the agency decision on
grievances. The employee may appeal to the Foreign Service Grievance Board;
(3) EEO processes: All U.S. citizen employees or U.S.
citizen applicants for employment may file an Equal Employment Opportunity
(EEO) complaint with the Department. Individuals who wish to file an EEO
complaint must consult a Department of State EEO counselor within 45 days of
the most recent harassing incident. A list of EEO counselors is available on S/OCRs
Web site at socr.state.gov. It is recommended, but it is not necessary, for an
employee to complain to his or her supervisor or other responsible official
before approaching an EEO counselor. (NOTE: Personal services contractors and
third-party contractors may not, depending on the circumstances, be able to
pursue an EEO claim against the Department; they may contact S/OCR for
guidance);
(4) Processes for Foreign Service nationals (FSNs):
Issues raised by FSNs are handled according to complaint processing procedures
established at post and guidance available on the S/OCR Web site. FSNs with
questions about post procedures should contact the posts senior management
officer and/or designated EEO counselor. FSNs may also contact S/OCR for
guidance; and
(5) Complaints of discrimination or harassment based
on sexual orientation: The Department has prohibited sexual orientation
discrimination as a matter of policy and has established a comprehensive
complaints process for such situations, even though such discrimination is not
prohibited in the Federal workplace as a matter of law. The process is
explained in 3
FAH-1 H-1520. Alternatively, Foreign Service employees may also raise
claims of sexual orientation discrimination in the Foreign Service grievance
process. That process is explained in 3 FAM 4400. Civil Service employees may
also be able to use a negotiated grievance procedure, or appeal to the Merit
Systems Protection Board or the Office of Special Counsel.
3 FAM 1527 POLICY ON CONSENSUAL
RELATIONSHIPS
(CT:PER-631; 12-14-2010)
(State)
(Foreign Service and Civil Service Employees)
a. This policy sets out Department guidance on
consensual relationships between supervisors and subordinates within the same
supervisory chain.
b. Consensual relationships are dating or sexual
relationships willingly undertaken by the parties. This definition applies to
all such relationships, regardless of the genders of those involved.
c. The Department of State is committed to a workplace
free from conflicts of interest, favoritism, and the potential for sexual
harassment.
d. Consensual relationships between supervisors and subordinates
within a direct supervisory chain have the potential for creating harm. Such
relationships may create the appearance of impropriety, call into question a
supervisor's objectivity, result in actual or perceived preferential treatment,
or affect office morale and efficiency. In some cases, such relationships may
lead to allegations of sexual harassment.
e. To prevent such harms, Department policy prohibits
employees from directly supervising or evaluating an employee with whom they
are having a consensual relationship.
f. When employees are engaged in a consensual
relationship in which one employee serves as the first- or second-line
supervisor of the other, both employees are responsible for initiating
arrangements to address potential conflicts of interest. This requires
employees to contact the principal deputy assistant secretary (PDAS) or
PDAS-equivalent of the bureau in which the employees' office is located, or, at
a post abroad, the deputy chief of mission (DCM). Domestic employees at locations
outside of Main State, such as regional passport offices, should contact the
highest-ranking official at that location.
g. Any PDAS, DCM, or their regional equivalents who are
themselves involved in such a relationship must contact their supervisors.
Failure to notify the appropriate official in order to initiate arrangements
may result in admonishment or the imposition of discipline.
h. The employees involved in the relationship and the
notified official must then fashion arrangements to avoid potential conflicts
of interest. Although appropriate arrangements will vary according to the
particular circumstances, at a minimum, the supervisor may no longer rate or
review the employee with whom he or she has a relationship.
i. This policy does not apply to employees who are in
different supervisory chains or who are peers in the same chain (i.e., who do
not have supervisory responsibilities over one another). Nonconsensual
relationships are covered under the Department's policy on sexual harassment.
j. Nothing in this policy contravenes other relevant
regulations such as standards for appointment and continued employment (see 3 FAM 4130);
and standards of ethical conduct for employees of the executive branch (see 5
CFR Part 2635), including the prohibition on use of public office for private
gain (see 5 CFR 2635.702), and the requirement for impartiality in performing
official duties (see 5 CFR 2635.501 and 2635.502).
k. Questions regarding this policy or regarding options
available for resolving issues arising under this policy should be referred in
the first instance to the Bureau of Human Resources, Office of Employee
Relations (HR/ER). Allegations of sexual harassment should be referred to the
Office of Civil Rights (S/OCR).
3 fam 1528 and 1529 UNASSIGNED