3 FAH-1 H-1500
EQUAL EMPLOYMENT OPPORTUNITY
3 FAH-1 H-1510
PROCEDURES FOR PROCESSING COMPLAINTS OF DISCRIMINATION
(CT:POH-160; 03-07-2014)
(Office of Origin: S/OCR)
3 FAH-1 H-1511 Administrative
Processing
3 FAH-1 H-1511.1 Informal Process
(CT:POH-160; 03-07-2014)
(State Only)
(Foreign Service and Civil Service employees)
a. See also 29 CFR 1614.105.
b. Any U.S. citizen employee or applicant for
employment who believes that he or she has been discriminated against on the
basis of race, color, religion, sex (including
gender identity and pregnancy), national origin, age, genetic information, disability, or reprisal may consult a trained and certified Equal Employment Opportunity (EEO) Counselor who has been authorized by the Office
of Civil Rights (S/OCR) to conduct counseling for individuals alleging
discrimination by a Department of State employee. Employees and applicants who believe that they have
been discriminated against on the basis of sexual orientation should refer to
the procedures outlined in 3 FAH-1 H-1520.
c. In order for an
employee or applicant to preserve his or her rights under these provisions, the
employee or applicant must contact the EEO Counselor within 45 calendar days of the date of the allegation of discrimination or, in the case of
a personnel action, within 45 calendar days
of the effective date of the action.
d. Unless the individual elects to proceed with
Alternative Dispute Resolution, managed by
S/OCR, the EEO Counselor should make
inquiries, conduct interviews, issue notices, file reports, and otherwise carry
out his or her responsibilities in
accordance with the standards and time limits set forth in 29 CFR 1614.105.
3 FAH-1 H-1511.2 Formal Complaint
Process
(CT:POH-160; 03-07-2014)
(State Only)
(Foreign Service and Civil Service employees)
a. See 29 CFR 1614.106.
b. If the allegation of discrimination
has not been resolved to the employees or applicants satisfaction during the informal process, the employee or applicant, now
the complainant, or his or her designated representative, may file a
formal complaint of discrimination with S/OCR.
c. If the complainant chooses to file a formal
complaint of discrimination, she or he
must submit his or her complaint within 15
calendar days of the date of receipt of the
Notice of Right
to File, to the Director of the Office of Civil
Rights. S/OCR will process the complaint in
accordance with the provisions of 29 CFR 1614.106 through 29 CFR 1614.504.
d. EEO Counselors authorized to conduct counseling
activities for the Department on behalf of S/OCR are not authorized to receive
formal complaints of discrimination.
3 FAH-1 H-1512 CONFIDENTIALITY AND FREEDOM
FROM RESTRAINT
(CT:POH-160; 03-07-2014)
(State Only)
(Foreign Service and Civil Service Employees)
a. See also 29 CFR 1614.105(g).
b. At the informal
process of any allegation of
discrimination, the EEO Counselor must not:
(1) Attempt in any way to restrain the employee or
applicant from filing a complaint of discrimination; or
(2) Reveal the identity of any person who consulted
the EEO Counselor on any allegation of discrimination, except when
expressly authorized to do so by the employee or applicant, or a formal complaint of discrimination has been filed with S/OCR, or the employee or applicant has filed suit in federal district
court.
3 FAH-1 H-1513 RIGHT TO REPRESENTATION
(CT:POH-160; 03-07-2014)
(State)
(Foreign Service and Civil Service Employees)
a. See also 29 CFR 1614.605.
b. At any stage in the processing of a complaint,
including the informal process, the
complainant has the right to be accompanied, represented, and advised by a
representative of his or her choice.
3 FAH-1 H-1514 OFFICIAL TIME
(CT:POH-160; 03-07-2014)
(State Only)
(Foreign Service and Civil Service Employees)
a. See also 29 CFR 1614.605.
b. The complainant and his or her representative should have a reasonable
amount of official time, if otherwise on duty, to prepare the complaint and
respond to Agency and EEOC requests for information.
c. Individuals who require official time in order to
participate in the EEO process should submit a leave request for such time in
accordance with established leave procedures.
d. EEOCs guidance makes
it clear that the right to official time is a qualified right that must be
balanced against the agencys need to have the employee continue to perform his
or her duties. The actual number of hours to which a complainant and his or her
representative are entitled will vary, depending on the nature and complexity of
the complaint, the state in the process of the complaint, and considering the
mission of the agency and the agencys need to have its employees available to
perform their normal duties on a regular basis.
e. S/OCR has determined
that as a matter of policy, up to eight hours of official time may be
considered reasonable during the informal process, and up to eight hours of
official time may be considered reasonable during the formal process.
Management should review each employees request for official time on a
case-by-case basis.
f. Any questions
regarding whether or not time requested meets or exceeds the requirements of official time should be directed to the Chief of Intake and Resolution Section in S/OCR.
3 FAH-1 H-1515 REPORT rEQUIREMENTS-DISPOSITION
OF COMPLAINTS
(CT:POH-160; 03-07-2014)
(State Only)
(Foreign Service and Civil Service)
a. EEO Counselors must submit reports to S/OCR as directed by the Office of Civil
Rights.
b. Individuals who file
formal complaints, in accordance with 29 CFR 1614.106, will receive a letter acknowledging receipt of the
formal complaint and a copy of the EEO Counselors Report.
3 FAH-1 H-1516 THROUGH H-1519
UNASSIGNED