3 FAM 1530
NON-DISCRIMINATION ON
THE BASIS OF AGE
(CT:PER-731; 05-20-2014)
(Office of Origin: S/OCR)
3 FAM 1531 POLICY
(CT:PER-731; 05-20-2014)
(State Only)
(Foreign Service and Civil Service Employees)
In accordance with the Age Discrimination in Employment
Act (ADEA) of 1967, as amended, the Department of State prohibits
discrimination in employment on the basis of age (over 40 years old) and
ensures that all personnel actions affecting employees or applicants for
employment are free from discrimination on the basis of age.
3 FAM 1532 AUTHORITY
(CT:PER-731; 05-20-2014)
(State Only)
(Foreign Service and Civil Service Employees);
a. The Age
Discrimination in Employment Act of 1967, as amended (29 U.S.C. 633a);
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 1614.201.
3 FAM 1533 APPLICABILITY
(CT:PER-731; 05-20-2014)
(State Only)
(Foreign Service and Civil Service Employees)
a. These regulations apply to all U.S. citizen Foreign
Service and Civil Service employees and employment applicants of the Department
of State who at the time of the alleged discriminatory action are at least 40
years of age, not including non-U.S. citizens located outside the territorial
boundaries of the United States.
b. The Age Discrimination in Employment Act of 1967, as
amended, and regulations promulgated thereunder, do not affect duly constituted
retirement systems, including statutorily established mandatory retirement
ages.
3 FAM 1534 PROCEDURES AND GUIDELINES
GOVERNING ALLEGATIONS OF AGE DISCRIMINATION
(CT:PER-731; 05-20-2014)
(State Only)
(Foreign Service and Civil Service Employees)
a. Regulations governing the processing of
discrimination complaints filed on the basis of race, color, national origin,
sex, disability, religion, genetic information, or reprisal (see 3 FAH-1 H-1510)
also apply to age complaints, with certain exceptions. These differences are
as follows:
(1) Individuals alleging age discrimination by a
Department of State employee are not required to pursue a complaint through the Departments Office of
Civil Rights (S/OCR). Such an individual may file a civil action directly in
an appropriate Federal District Court. However, a complainant must provide the
Equal Employment Opportunity Commission (EEOC) with written notice of his/her
intention to sue at least 30 days in advance of filing suit in the appropriate
Federal District Court. Notice should be addressed and submitted by mail to the:
Equal Employment
Opportunity Commission (EEOC)
P.O. Box 77960
Washington, DC 20013; or
By personal
delivery to:
EEOC
Office of Federal Operations
131 M Street, N.E., 4th floor, Suite. 4NW02F
Washington DC 20507, or
By facsimile at
(202) 419-0740
NOTE: This notice must be provided to the EEOC within 180
calendar days of the alleged unlawful act.
(2) If the individual chooses to file a complaint of age
discrimination with the Department in lieu of filing directly with an
appropriate Federal District Court, then he or she must:
(a) Meet all procedural requirements established by 29
CFR 1614 in order to have the complaint processed through S/OCR;
(b) Exhaust all administrative remedies before
subsequently filing in Federal District Court. Filing of an administrative
action satisfies the requirement to provide Notice
to the EEOC referenced in 3 FAM 1534(a)(1)
above; and
(c) Administrative remedies for cases that are not
mixed case complaints (see 3 FAM 1560
regarding what constitutes a mixed case complaint) are deemed to be exhausted
when the:
(1) Department has taken no final action within 180
days of the date of filing the initial complaint so long as complainant has not
filed an appeal;
(2) Department takes final action pursuant to 29 CFR
1614.107 or 1614.110, so long as complainant has not filed an appeal; or
(3) EEOC issues a final decision on an appeal or fails
to do so 180 days after the filing of the appeal. (See 29 CFR 1614.201(c)).
3 FAM 1535 THROUGH 1539 UNASSIGNED