3 FAM 1500
EQUAL EMPLOYMENT OPPORTUNITY
3 FAM 1510
EEOGENERAL
(CT:PER-780; 08-04-2015)
(Office of Origin: S/OCR)
3 FAM 1511 POLICY
3 FAM 1511.1 State
(CT:PER-560; 07-15-2005)
(State)
(Foreign Service and Civil Service Employees)
a. The Department of State provides equal opportunity
and fair and equitable treatment in employment to all people without regard to
race, color, religion, sex, national origin, age, disability, political
affiliation, marital status, or sexual orientation. The Department of State
also strives to achieve equal employment opportunity in all personnel
operations through continuing diversity enhancement programs.
b. The EEO complaint procedure is not available to
individuals who believe they have been denied equal opportunity based on
marital status or political affiliation. Individuals with such complaints
should avail themselves of the appropriate grievance procedures, remedies for
prohibited personnel practices, and/or courts for relief.
3 FAM 1511.2 Agency for
International Development
(CT:PER-560; 07-15-2005)
(USAID)
(Foreign Service Employees)
a. It is the policy of the Agency for International
Development to provide equal opportunity in employment for all people; to
prohibit discrimination because of race, color, religion, sex, national origin,
age, disability, political affiliation, marital status, or sexual orientation;
and to promote the full realization of a diverse workforce and equal employment
opportunity through a continuing diversity enhancement program in the Agency.
b. For more detailed information regarding EEO for the
Agency for International Development, see USAID ADS 1100, Equal Employment
Opportunity.
3 FAM 1512 AUTHORITY
(CT:PER-780; 08-04-2015)
(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 Age Discrimination in Employment Act, as amended
(ADEA) (29 U.S.C. 633a).
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. The Foreign Service Act of 1980, as amended (22
U.S.C. 3901(b)(1)).
f. Equal Employment Opportunity Commission (EEOC)
regulations contained in 29 CFR Part 1614.
3 FAM 1513 APPLICABILITY
(CT:PER-560; 07-15-2005)
(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 and Civil Service employees and employment
applicants of the Department of State. Various provisions also apply to
non-U.S. citizens located outside the territorial boundaries of the United
States and are specifically so identified.
3 FAM 1514 RESPONSIBILITIES
3 FAM 1514.1 In the United States
(CT:PER-560; 07-15-2005)
(State)
(Foreign Service and Civil Service Employees)
a. Secretary of State: The Secretary of State is
responsible for exercising personal leadership in establishing, maintaining, and
carrying out a continuing affirmative action program designed to promote equal
opportunity in every aspect of the Departments personnel policies and
practices (see 29 CFR 1614.102).
b. Assistant Secretary for Civil Rights (S/OCR):
1. The Assistant Secretary for Civil Rights (A/S) is
the principal adviser to management, including the Secretary, Deputy Secretary,
and the Under Secretary for Management, on all EEO-related matters and carries
out implementation and enforcement of EEO programs. As provided in 29 CFR
1614.102(b)(3), the A/S should designate:
(a) EEO officers and Special Emphasis Program Managers;
(b) A Federal Womens Program Manager (FWPM);
(c) A Hispanic Employment Program Manager (HEPM); and
(d) A People with Disabilities Program Manager (PWDPM).
2. The A/S, or appropriate designee, shall designate
Federal Womens Program coordinators (FWPCs), as necessary, to assist in the
effective implementation of the Departments Federal Womens Program.
3. The A/S, or appropriate designee, shall publicize
to all employees the names and locations of such officers, managers and
coordinators, as appropriate.
4. As provided in 29 CFR 1614.102(b)(5) & (6),
the A/S, or designee, shall designate Equal Employment Opportunity counselors
to assist in carrying out the Equal Employment Opportunity Program, and shall
publicize to all employees the names and locations of the counselors.
c. Equal Employment Opportunity Counselors: A
counselor shall only conduct counseling activities following completion of the
obligatory 32-hour training program and certification as an EEO Counselor.
Such counselors are required to complete 8 hours of refresher counselor
training annually, either conducted by the EEOC or S/OCR, to maintain
certification. Counselors shall provide counseling to any U.S. citizen
employee or applicant who believes that he/she has been discriminated against
because of race, color, national origin, sex, religion, age, disability, sexual
orientation, reprisal for prior EEO activity, or for opposition to illegal
discrimination, irrespective of the aggrieved individuals employer or the
employer of the individual alleged to have engaged in discriminatory activity.
In most circumstances, the counselor shall attempt to resolve informally the
matter raised by the employee or applicant before a discrimination complaint
may be filed. (See 3 FAH-1 H-1510,
3 FAM 1510, 3 FAH-1 H-1520
and 29 CFR 1614.105.)
3 FAM 1514.2 At Posts Abroad
(CT:PER-635; 03-01-2011)
(State)
(Foreign Service and Civil Service Employees)
a. The Chief of Mission shall nominate one or more
Equal Employment Opportunity (EEO) counselors, with a goal of ensuring one
certified counselor for posts with less than 50 employees (all agencies, both
direct hire and locally employed staff (LE staff), American and foreign
national). At posts of more than 50 employees, it is strongly encouraged that
the Chief of Mission nominates more than one counselor. Following approval of
the nomination(s) by the A/S and completion of any mandatory training prerequisites
for the EEO Counselor(s), the Chief of Mission shall publicize at post the
name(s) of the EEO counselor(s) with information on how to contact such
individual(s).
b. The Chief of Mission shall designate a Federal
Womens Program Coordinator (FWPC). The Chief of Mission should publicize the
name(s) of the FWPC with information on how to contact such individual.
c. The responsibilities of these EEO counselors and
FWPCs shall be determined and specified by the A/S and, with respect to EEO
Counselors, shall include responsibilities for receiving and attempting to
resolve, on an informal basis, any matter of alleged discrimination.
d. All posts are encouraged to identify at least one
non-American LE staff liaison for EEO issues.
3 FAM 1515 PROCEDURES
(CT:PER-560; 07-15-2005)
(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
(other than for complaints related to sexual orientation) are published in 3 FAH-1 H-1510.
b. Procedures on the filing and processing of
complaints alleging sexual orientation discrimination are published in 3 FAH-1 H-1520.
c. 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. See also 3 FAM 1590 and
3 FAM 4400 regarding grievance procedures.
3 FAM 1516 MINORITY GROUP STATISTICS
3 FAM 1516.1 Authority
(CT:PER-560; 07-15-2005)
(State)
(Foreign Service and Civil Service Employees)
a. The Civil Rights Act of 1964, as amended (42 U.S.C.
2000e-16); and
b. Regulations contained in 29 CFR 1614, Subpart F.
3 FAM 1516.2 Applicability
(CT:PER-560; 07-15-2005)
(State)
(Foreign Service and Civil Service Employees)
This section applies to all employees of the Department of
State and includes all employees in the United States and abroad except foreign
national employees outside the territorial boundaries of the United States.
3 FAM 1516.3 Collection System
(CT:PER-560; 07-15-2005)
(State)
(Foreign Service and Civil Service Employees)
In accordance with the provisions and standards set forth
in 29 CFR 1614.601, the Department of State shall notify employees of the form
and such times as such data will be required.
3 FAM 1517 THROUGH 1519 UNASSIGNED