3 FAM 1560
PROCESSING MIXED CASE COMPLAINTS
(CT:PER-729; 05-12-2014)
(Office of Origin: S/OCR)
3 FAM 1561 DEFINITIONS
(CT:PER-729; 05-12-2014)
(State Only)
(Civil Service Employees Only)
a. A mixed case complaint alleges discrimination on a
statutorily protected basis (i.e., race, color, national origin, sex, religion,
age, disability, genetic information, or reprisal) related to or stemming from
an action that can be appealed to the Merit Systems Protection Board (MSPB) and
is processed through the Departments administrative EEO complaints process.
b. A mixed case appeal is an appeal filed directly
with the MSPB that alleges that an appealable agency action (i.e., suspension
over 14 days, termination, etc.) was effected, in whole or in part, because of
discrimination on the basis of race, color, religion, sex, national origin,
disability, age, genetic information, or reprisal.
3 FAM 1562 AUTHORITY
(CT:PER-729; 05-12-2014)
(State Only)
(Civil Service Employees Only)
a. The Civil
Rights Act of 1964, as amended, (42 U.S.C. 2000e-16).
b. The Age
Discrimination in Employment Act, as amended (ADEA) (29 U.S.C. 206(d)).
c. The
Rehabilitation Act of 1973, as amended (Rehabilitation Act) (29 U.S.C. 791 et
seq.).
d. The Equal Pay
Act of 1963, as amended (29 U.S.C. 206(d)).
e. Title II of the
Genetic Information Nondiscrimination Act of 2008, as amended (42 U.S.C. 2000ff
et. seq.).
f. The Americans
with Disabilities Act Amendments Act, as amended (42 U.S.C. 12102).
g. The Equal
Employment Opportunity Commission (EEOC) regulations at 29 CFR 1614.302.
h. Merit Systems
Protection Board (MSPB) regulations at 5 CFR 1201.151.
3 FAM 1563 APPLICABILITY
(CT:PER-729; 05-12-2014)
(State Only)
(Civil Service Employees Only)
These regulations apply to all U.S. citizen Civil Service
employees of the Department of State who have rights of appeal to the MSPB.
3 FAM 1564 CHOICE OF FORUM
(CT:PER-729; 05-12-2014)
(State Only)
(Civil Service Employees Only)
An individual may file a mixed case complaint with the
Office of Civil Rights or a mixed case appeal of the appealable agency action
directly to the MSPB, but not both. In order for a mixed case complaint to be processed through the EEO administrative
process, all regulatory procedural requirements must be met in accordance with 29
CFR 1614.
3 FAM 1565 THROUGH 1569 UNASSIGNED