Federal GLOBE Best Practices Checklist:

Creating a Model Workplace for All Federal Employees

 

Federal GLOBE, the national organization for gay, lesbian, bisexual, and transgender (GLBT) employees of the Federal government, has developed the following checklist of action items for use by Department and Agency officials – in particular, senior management, Human Resources, and EEO personnel – to better position their organizations in the increasingly competitive employer markets.

 

Since the passing of the Civil Service Reform Act of 1978, discriminatory personnel actions based on sexual orientation (a non‑merit factor) have been illegal in the Federal government.  Passage of the law has not necessarily stopped the practice from occurring, however.  As a result, there has been a need to continually ensure that the law is being fully implemented.

 

Over the last ten years, considerable and substantive progress has been made within Federal Departments and Agencies in taking positive steps to make their workplace environments less hostile towards and more inclusive of GLBT employees.  Federal GLOBE has been pleased to work with the past two administrations in helping to forge this progress. Federal GLOBE looks forward to working closely with the new administration to make certain that the progress continues, that there is no disparate treatment of federal employees, and that all employees are able to work to their fullest capacities.

 

What are the major concerns GLBT employees Federal government-wide continue to face?  Issues faced by GLBT candidates/employees, or those candidates/employees who may be perceived to be GLBT, include:

 

·              Not being hired due to their known (or perceived) sexual orientation;

·              Not being promoted or denied training;

·              Being denied mentoring or other networking opportunities;

·              Receiving biased performance reviews;

·              Being assigned less desirable work;

·              Facing harassment or discrimination;

·              Actual or fear of rejection by fellow employees;

·              Being subjected to anti‑gay jokes or remarks; and

·              Actual or fear of physical violence.

 

Notwithstanding the progress that has been made, these concerns on personnel practices and the terms and conditions of employment are still real and, in many parts of the Federal establishment, pervasive.  The degree to which these concerns manifest themselves varies according to: (1) the extent to which an individual is "out" at work; (2) one’s racial or ethnic background; (3) one’s gender; (4) one’s educational background; (5) the part of the country where one is stationed; and (6) the particular profession or job. 

 

Unfriendly and even hostile work environments affect GLBT employees’ sense of safety and morale, thus impacting individual productivity.  This, in turn, impacts a Department or Agency’s overall organizational effectiveness.  It is, therefore, essential to take actions which address these issues comprehensively and establish the accountability employees should be able to expect within the Federal government.

 

In light of numerous recent studies and media articles discussing an aging Federal workforce and the difficulties faced more and more by Departments and Agencies in attracting and retaining talented, skilled, younger workers, Departments and Agencies need to start taking proactive steps that will serve to put the Federal workplace on par with the private sector.   With a few notable exceptions, the Federal workplace is increasingly at a competitive disadvantage vis‑à‑ vis private sector companies which have adopted policies and practices (e.g., domestic partnership benefits) that better attract and retain the broadest spectrum of workers.

 

The following is a checklist of best practices Federal GLOBE suggests will create a model workplace for GLBT and all employees within the Federal civilian workforce.  These practices are grouped into the following categories: Policy Articulation, Administrative Redress Procedures, Negotiated Redress Procedures, Training, Diversity Program, Hiring and Outreach, and Benefits.  All of the suggested actions can be implemented within the Federal workplace just as they have been in hundreds of corporate work environments.  Federal GLOBE is ready and willing to assist all Departments and Agencies in taking these and other steps to make the Federal workplace a model work environment.

 

For further information, or if you would like to have a representative from Federal GLOBE come and speak at your Department or Agency concerning these issues, please contact Rob Sadler at Rob@fedglobe.org  or Leonard Hirsch, President of Federal GLOBE, at Len@fedglobe.org

 

 

 

Federal GLOBE Best Practices Checklist:

Creating a Model Workplace for All Federal Employees

 

Policy Articulation:

 

1.     All non-discrimination policy statements should include language prohibiting discrimination on the basis of sexual orientation.

Models: U.S. Department of Transportation and U.S. Coast Guard

 

2.          Ensure that all existing policies and statements which address non-discrimination

and workplace behavior are updated to include sexual orientation.  Use the following language: “This agency does not discriminate based on race, color, religion, sex, sexual orientation, national origin, marital status, age, political affiliation, or disability.”

 

3.     Regularly disseminate strong, clear, public statements which affirm the Department or Agency's commitment to ending discrimination, its conviction that violence and harassment are entirely unacceptable, and its appreciation of the value of diversity –  including that associated with sexual orientation, gender identity and gender expression.

 

4.     Undertake a comprehensive review of current policies to ensure compliance with the language and intent of Executive Order (E.O.) 13087, prohibiting discrimination based on sexual orientation in the Federal civilian workforce, and E.O. 12968, barring denial of a security clearance on the basis of sexual orientation.

Models: U.S. Department of Interior and U.S. Department of Agriculture

 

Administrative Redress Procedures:

 

5.     Establish internal redress procedures and processes for use by civilian

employees to address complaints of discrimination and harassment based on sexual orientation.

Models: U.S. Department of Justice; U.S. Department of Interior; U.S. Environmental Protection Agency

 

6.     Develop and promulgate clear and understandable guidance for GLBT employees. Such guidance should be widely disseminated, as well as periodically updated and reissued.  It should also be available on Department and Agency intranet sites.

Models: OPM Booklet: Addressing Sexual Orientation Discrimination in Federal              Civilian Employment: A Guide to Employees' Rights; Department of Commerce booklet: Sexual Orientation Discrimination: Questions and Answers.

 

7.     Include sexual orientation as part of the protected categories under which an employee has the right to file an EEO complaint in proposed adverse actions. Use the following language: “You also have the right to file an Equal Employment Opportunity (EEO) complaint within the Department (Agency) in accordance with (Policy Directive Title/#), if you believe this action is based on prohibited discrimination because of your race, color, religion, sex, sexual orientation, national origin, marital status, age, political affiliation, or disability. To do so you must first contact an EEO counselor within forty-five (45) calendar days of the effective date of this (identify action).”

 

8.     Include a separate paragraph in all adverse/disciplinary actions advising employees of their right to file a prohibited personnel practice complaint to the Office of Special Counsel.  Use the following language: “If you are not covered by a negotiated grievance procedure, you also have the right to file a Prohibited Personnel Practice (PPP) Complaint to the Office of the Special Counsel (OSC) if you feel that this action has been taken due to a non-merit reason, such as your sexual orientation.  Employees who are covered by collective bargaining agreements and allege a PPP must choose either a Merit Systems Protection Board (MSPB) appeal under 5 U.S.C. 7701, a grievance, or an OSC complaint.”

 

Union/Negotiated Redress Procedures:

 

9.     Review all negotiated bargaining agreements for inclusion of sexual orientation in their non-discrimination policy statements and redress procedures for discrimination and harassment.

Model: AFGE Local 12, U.S. Department of Labor

 

10.      Make as non-negotiable in all future bargaining unit negotiations the inclusion of

non-discrimination policies and redress procedures for discrimination and harassment based on sexual orientation.  This presents an opportunity to partner and work closely with union organizations in your Department or Agency.

 

11.   Encourage labor and professional organizations to adopt inclusive policies and make available support services to their members.

Resource: Pride@Work, a national GLBT labor organization

 

Training:

 

12.   All EEO personnel, HR professionals, Employee Assistance Program (EAP) staff, and managers should receive training on issues regarding sexual orientation in the workplace.  This includes homophobia/heterosexism workshops, as well as conflict resolution and diversity seminars aimed at identifying specific GLBT concerns and increasing knowledge, awareness, and sensitivity towards sexual and gender orientation/identity and "coming out" issues.  Speakers on such topics should be invited to the Department/Agency and made a regular part of all diversity events, including EEO events and conferences. Federal GLOBE is happy to provide suitable speakers on these and other related topics.  Additionally, relevant personnel should receive training on physical and mental health issues of specific relevance to GLBT employees.

 

13.  Ensure that all EEO and like training materials used by Department/Agency trainers and contractors are consistent with all policies on sexual orientation non-discrimination, and that all training includes modules on sexual orientation where appropriate.

 

14.   Provide ongoing diversity training and employee development on GLBT workplace issues for all employees.  Federal GLOBE has developed a comprehensive workshop designed to educate employees about sexual orientation and related workplace issues.  For further information about the Federal GLOBE sexual orientation workshop, please contact Rob Sadler at Rob@fedglobe.org.

 

15.   Due to the lack of information on and sensitivity to the full range of issues involving sexual orientation in the workplace, Department and Agency heads should lead by example by taking diversity training themselves.  Additionally, they should each consider establishing a mechanism that will help ensure continued constructive dialogue in making their workplace a model for the Federal government.

 

Diversity Programs:

 

16.   Task HR staff, labor organizations, EAP, employee resource groups, and other appropriate organizations with establishing formal diversity programs based on successful corporate models (e.g., AT&T, Xerox, Apple).  These programs should develop resources and programs on sexual orientation in the workplace and in society.

Models: U.S. Postal Service, the U.S. Coast Guard, and the National Oceanic and Atmospheric Administration

 

17.   Create a "diversity" library and well publicize the availability of the training materials and other information to all employees.  GLBT employee organizations should also consider maintaining a separate archive of information on GLBT workplace issues that can be made to Department/Agency offices and employees.

 

Hiring and Outreach:

 

18.   Establish procedures for active outreach in hiring openly GLBT and GLBT‑ sensitive managers, employees, and contractors throughout the Department/Agency.  This can be best accomplished by advertising in GLBT media, linking to major GLBT organizations, and selecting GLBT-friendly recruitment services.

Model: Financial Management Services, U.S. Department of the Treasury

 

19.   Include policies regarding non-discrimination in all recruitment brochures and announcements, Department/Agency publications, and new employee orientation materials.  Use the following language: “All candidates (employees) will receive consideration without regard to any non-merit factor, such as race, color, religion, sex, sexual orientation, national origin, marital status, age, political affiliation, or disability.”

 

20.   Ensure that all of the above policies and procedures are in writing and are clear, consistent, easily accessible, and well‑publicized throughout the Department/Agency.

Model: U.S. Department of Interior

 

21.   Ensure that, when engaging in joint projects, outreach, and procurement activities, all external partners have policies consistent with the Department/Agency’s non-discrimination policy(ies).

Model: U.S. Department of Interior and U.S. Department of Agriculture

 

22.   Include responsibility for helping to create a workplace free from sexual orientation harassment and discrimination among the Supervisory critical Job Elements.  Use the following language: “Enforces a non-discriminatory environment by communicating and reinforcing policies of workforce diversity (including those addressing sexual orientation) and equal employment opportunity.  Takes action in a timely fashion against inappropriate or offensive acts, materials, remarks, etc.”

 

23.   Hire openly GLBT and GLBT‑sensitive therapists/counselors (EAP/EEO), employees, and administrators.

 

Benefits:

 

24.      Ensure that equitable benefits and privileges are granted to all employees,

including relocation benefits, access to facilities and services, domestic partner visas, bereavement leave, insurance coverage, access to Government resources (e.g., meeting space, electronic bulletin boards, the Department/Agency website, administrative leave), and overall equal treatment of GLBT couples wherever possible.

Models: U.S. Department of Interior and U.S. Department of State

 

25.   Change recruitment, hiring, promotion, career development, and incentive awards programs to eliminate bias and discrimination based on sexual orientation.

 

26.   Support GLBT employee resource and networking groups.  If the Department/ Agency offers official recognition to any special emphasis or special interest groups, ensure that Department/Agency GLOBE groups receive the same recognition and standing.  Also, ensure physically safe and secure space for GLBT employee organization meetings, social events, lectures, workshops, and other related activities.

Models: U.S. Department of Interior; U.S. Department of Agriculture; U.S.

Environmental Protection Agency

 

27.   Cover the expenses of employees attending appropriate training and awareness conferences on GLBT workplace or agency-relevant substantive issues, including the Federal GLOBE annual training conference.

Models: U.S. Environmental Protection Agency

 

28.   Make available career development and mentoring programs that are inclusive of GLBT employees and widely advertise such programs throughout the Department/ Agency.

 

29.   Provide official recognition, support, and funding of GLBT employee organizations and events, such as June Pride Month activities.

 

30.   In all relevant materials distributed to employees, include the location (intranet) and availability of resources of value to GLBT employees.

 

31.   Designate an official ombudsperson or other clearly identified official liaison to address GLBT employee and other employee concerns.

 

32.   When creating internship opportunities, consider outreach to GLBT‑owned businesses and GLBT activist and community service organizations.

 

33.   Ensure that Department/Agency publications include and provide adequate and fair coverage of GLBT employee organization issues and activities.