"This Order has been cancelled by GSA Order ADM 2310.4 dated November 16, 2012"
GENERAL SERVICES ADMINISTRATION
Washington, DC 20417
October 1, 2011
SUBJECT: General Services Administration (GSA) policy statement on equal employment opportunity (EEO)
1. Purpose. This order defines and prescribes GSA’s policy on EEO. This order updates GSA's long-standing commitment to provide a workplace free of unlawful discrimination in accordance with the laws, Executive Orders, regulations, policies, and guidance that prohibit discrimination in the Federal workplace.
2. Cancellation. This order cancels ADM 2310.2 issued on January 6, 2011. This order rescinds the memorandum, equal employment opportunity at GSA, issued on January 4, 2011.
3. Policy. It is the policy at GSA that:
a. All employees are to be treated fairly and properly in accordance with the laws, Executive Orders, regulations, policies, and guidance that prohibit discrimination in the Federal workplace based on race, religion, color, sex, national origin, age, disability, retaliation, genetic information or sexual orientation.
b. Fair and speedy resolution of differences and disputes will be actively pursued. Discriminatory conduct will not be condoned or tolerated in any of its forms in GSA programs and activities.
c. Appropriate disciplinary action will be taken, up to and including removal action, against any employee determined to have violated any equal opportunity or related statute and/or this policy.
4. Applicability. EEO covers all personnel and employment programs, management practices and decisions including, but not limited to, recruitment/hiring, promotion, transfer, reassignment, training and career development, benefits and separation.
5. Delegations. EEO functions are delegated to the Associate Administrator for Civil Rights (responsible for GSA's nationwide civil rights program) and the Chief People Officer (responsible for GSA's nationwide civil rights programs, and the Chief People Officer (responsible for GSA's nationwide human capital programs, including its affirmative employment program). These delegations assure a high level of expertise in these areas and accountability. GSA executives, along with managers, supervisors, and employees, share responsibility for ensuring that barriers to recruitment, hiring, promotion, transfer, reassignment, training and career development, benefits and retention are eliminated from the workplace.
6. Goal. GSA’s goal is to prevent workplace discrimination and to create and maintain a world-class workplace where all employees have the freedom to compete on a fair and level playing field, regardless of their race, religion, color, sex, national origin, age, genetic information or disability. Retaliation against one who engages in protected EEO activity will not be tolerated. It is GSA’s goal to prevent workplace discrimination based on sexual orientation.
7. Cooperating with EEO complaint processing. It is critical that all employees who are asked to provide assistance cooperate fully to assist GSA’s EEO staff, other GSA officials, counselors, investigators, mediators, and/or other EEO officials to ensure that EEO complaints are processed in a timely and impartial manner. Investigators assigned to investigate formal EEO complaints are performing an official investigation; accordingly, any GSA employee that fails to cooperate with an EEO Investigator is subject to potential adverse action under the GSA Penalty Guide for failure to cooperate with an authorized investigator.
8. Sexual orientation claims. The Equal Employment Opportunity Commission does not have jurisdiction over sexual orientation claims because they are not actionable under Title VII of the Civil Rights Act of 1964, as amended. For a claim involving sexual orientation brought under Executive Order 13152, Further Amendment to Executive Order 11478, Equal Employment in the Federal Government (signed May 2, 2000) and/or Executive Order 13087, Further Amendment to Executive Order 11478, Equal Employment in the Federal Government (signed May 28, 1998), an employee may seek assistance from the Office of Personnel Management, Merit Systems Protection Board, Office of Special Counsel, or GSA's grievance process under limited matters not appealable to the Merit Systems Protection Board and not reviewable by the Office of Personnel Management.
9. Sexual harassment claims. For claims involving sexual harassment, employees should refer to GSA Policy Statement on Harassment, including Sexual Harassment and Sexual Misconduct (ADM 2325.4).
10. Additional information on EEO procedures and requirements.
a. The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) was enacted to require Federal agencies to be accountable for violations of antidiscrimination and whistleblower protection laws and to require that each Federal agency post quarterly on its public website statistical data relating to EEO complaints.
b. An employee who wishes to initiate an EEO complaint must contact an EEO official within 45 calendar days of the date of the incident alleged to be discriminatory or when an employee reasonably should have known that the matter occurred. Employees should not wait until an internal GSA inquiry is completed to contact an EEO official if waiting will allow the 45-day time limit to expire. Additional information on how to contact an EEO official or regarding EEO laws, regulations, policies and procedures, including the No FEAR Act, is available on the GSA Office of Civil Rights library website (www.gsa.gov/civilrights). The website contains information on how to contact the Office of Civil Rights and how to file an EEO complaint. For more information regarding the EEO complaint process, employees may consult GSA's brochure, "Equal Employment Opportunity Complaint and Resolution Process", the Office of Civil Rights Frequently Asked Questions, and the Civil Rights Handbook. These documents are also available in the Office of Civil Rights library.