MEMORANDUM FOR:  All HUD Employees

FROM:	Andrew Cuomo   /s/ AC
SUBJECT:	Policy Statement - Equal Employment Opportunity, Affirmative Employment, Prevention of Sexual Harassment, Discrimination Based on Sexual Orientation, Employment and Accommodation of Persons with Disabilities, and Disabled Veterans

In conformance with the policies expressed in Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Executive Order 11478, as amended: the Age Discrimination in Employment Act of 1967, the Equal I-lay Act of 1962, as amended; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veteran's Readjustment Act of 1974, the Civil Service Reform Act of 1978, and HUD regulations at 24 CFR Part 7, it is the policy and intent of the Department of Housing and Urban Development (HUD) to provide equality of employment opportunity for all persons, and to prohibit discrimination because of Race, Color, Religion, Sex, National Origin, Age, or Disability in all facets of employment. Additionally, sexual harassment and discrimination based on sexual orientation are unacceptable in the workplace and will not be condoned at HUD. Moreover, HUD is committed to promoting affirmative employment through the removal of barriers and by positive actions at every management level, including the early resolution of EEO disputes.

These policies are an integral part of HUD's mission. Their implementation is a high priority of Administration. I am personally committed to Equal Employment Opportunity, Affirmative Employment and Diversity (EEO/AE/Diversity), and I expect all employees to support EEO/AE/Diversity. In carrying out their responsibilities, all managers and supervisors are fully accountable for taking actions to assure that EEO/AE/Diversity goals and objectives are achieved.

The EEO/AE/Diversity goals and objectives of the Department are expressed in HUD regulations at 24 CFR Part 7, as well as in the multiyear Affirmative Employment Program (AEP) Plan. EEO/AE/Diversity is a separate critical element in our managerial performance appraisal system, which requires the Senior Executive Service (SES) and managers and supervisors under the Performance Management and Recognition System (PMRS) to achieve measurable results in their daily management of the Department.

Affirmative Employment Programs (AEP)

I expect all managers and supervisors to be proactive in implementing EEO/AE/Diversity. The following strategies will, I believe, set the standard for the achievement of that goal:

1. Hold subordinate managers and supervisors accountable for promoting EEO/AE in every aspect of' the Department's policies. programs, and practices, including learning and practicing the principles of F.A.I.R. Feedback, Assistance, Inclusion, and Respect, in all interactions with employees and HUD clients.
2. Attend EEO/AE/Diversity training sessions to ensure full understanding of and sensitivity to EEO/AE/Diversity policies, practices, and procedures.
3. Make a vigorous effort to acquire full and fair representation of qualified minorities, women, and persons with disabilities when recruiting, hiring, and providing advancement opportunities.
4. Make use of Special Employment Programs to correct the under-representation of minorities, women, and persons with disabilities i.e., Part-Time Employment, Cooperative Education, Mentoring, Upward Mobility, Special Hiring Authorities, etc.
5. Attend Valuing the HUD Employee training and use the F.A.I.R. concepts taught on a daily basis.
6. Learn and use Alternative Dispute Resolution (ADR) techniques to resolve problems early before they give rise to formal EEO Complaints or union contract grievances.
7. Participate in preparing the AEP Plan by analyzing all aspects of the Department's operations to determine any barriers to full equal employment, and by designing and carrying out actions to remove those barriers.
8. Refer to the AEP Plan goals and objectives before initiating any recruitment, hiring, training, reassignment, and promotion actions.
9. Periodically review AEP progress reports and make adjustments in activities to meet goals and objectives.

Sexual Harassment

It is the policy of HUD that sexual harassment is unacceptable conduct in the workplace and will not be condoned. Any employee found to have engaged in sexual harassment against any other employee may expect appropriate disciplinary action. All new employees shall be informed of this policy during their initial orientation sessions. This policy shall be reiterated for all employees at least once each year. A Fact Sheet on Sexual Harassment is available from the Office of Departmental Employment Equal Opportunity.

Sexual Harassment has been determined by the Equal Employment Opportunity Commission to be "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or,
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment."

Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. There may be other causes of action under State and local law in addition to those found under Federal civil rights law. These include assault, and battery, intentional infliction of emotional distress, wrongful discharge, and negligence. Some advances may even warrant resort to criminal charges, such as sexual assault or rape.

HUD is responsible for creating a working climate free from unsolicited and unwelcome sexual overtures. The law states, "...an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate action. An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action."

HUD managers and supervisors are responsible for excluding sexual harassment from the workplace.

Employment and Accommodation of Persons with Disabilities

It is the policy of HIJD to establish employment practices to promote active recruitment and proper placement of qualified individuals with disabilities; provide selective placement assistance to assure retention and career advancement opportunities; and, to assure that individuals with disabilities have a full opportunity to be represented at every level in the work force.

It is also the policy of HUD to provide Reasonable Accommodation to the known physical or mental limitations of qualified employees and job applicants with disabilities unless it can be shown that the accommodation would impose an undue hardship on its operations.

It is the goal of the Department to be a model employer, of persons with disabilities by providing full and fair consideration, employment and retention of persons with disabilities in a broad range of grade levels and occupational series commensurate with their knowledge, skills, and abilities. Further, the Department will assure that persons with disabilities are not unnecessarily excluded or limited because of job design or because of architectural, communication, procedural, or attitudinal barriers.

Managers and supervisors are responsible for achieving these goals, as expressed in the Department's Affirmative Employment Program (AEP) Plan for Persons with Disabilities, at their respective office levels. They are also responsible for providing reasonable accommodation, which is a logical adjustment made to a job and work environment that enables a qualified person with disabilities to perform the duties of a position.

Disabled Veteran Employment

It is the policy of HUD to promote the maximum employment and job advancement for qualified disabled veterans, similar to its policy goals and objectives with reference to all person with disabilities.

Managers and supervisors are responsible for achieving these goals, as expressed in the Department's Disabled Veterans Affirmative Action Program (DVAAP) Plan, at their respective office levels.

Discrimination Based on Sexual Orientation

It is the policy of HUD to prohibit discrimination on the basis of sexual orientation. Such discrimination with respect to employment conduct will not be tolerate by anyone at HUD. For remedy, refer to the appropriate Administrative Procedures and/or appropriate negotiated agreements.

The Civil Service Reform Act, 5 U.S.C. 2302(b) prohibits any employee who has authority to take personnel actions from discriminating for or against any employee or applicant for employment on the basis of conduct which does not adversely affect either the employee's own job performance or the performance of others. Subsection (c) of 5 U.S.C. 2302 gives notice to agency heads that they will be held responsible for the prevention of prohibited personnel practices. This Act has been interpreted by the Office of Personnel Management (OPM) since 1980, to mean that "applicants and employees are to be protected against inquiries into, or actions based upon non-job-related conduct, such as religious, community or social affiliations, or sexual orientation."