Federal GLOBE-Gay,Lesbian,and Bisexual
Employees of the Federal Government

FROM THE OFFICE OF PERSONNEL MANAGEMENT
INTERAGENCY ADVISORY GROUP

UNITED STATES
OFFICE OF PERSONNEL MANAGEMENT
WASHINGTON, DC 20415
MAR 10 1997


Secretariat
1900 E St., NW


MEMORANDUM FOR DIRECTORS OF PERSONNEL

FROM:   Rosalie A. Cameron   /s/ RAC
 Chair
 Interagency Advisory Group
 
SUBJECT:  Policy Statement on Discrimination on the Basis of Conduct Which Does Not Adversely Affect the Performance of Employees or Applicants for Employment
 

The Office of Personnel Management is committed to helping agencies ensure that Federal employees or applicants for Federal employment are protected against actions taken for non-job related conduct such as religious beliefs, community or social affiliations, or sexual orientation. Therefore, OPM recommends that agencies:

1. Issue a strong management statement which clearly defines the Federal Government's policy with regard to discrimination based on conduct which does not adversely affect the performance of employees or applicants for employment;

2. Communicate to employees the avenues of redress available should employees believe they have been subject to discriminatory actions based upon non-job related misconduct, and;

3. Incorporate the policy in orientation sessions for new employees, including coverage of merit principles and prohibited personnel practices.

To assist you in developing a policy statement, I have attached two memoranda previously sent to Heads of Departments and Independent Establishments which define the Federal Government's policy on discrimination on the basis of conduct which does not adversely affect the performance of employees or applicants for employment. The 1994 memorandum discusses avenues of redress available to employees who believe they have been subject to such discrimination which is a prohibited personnel practice.

Should you wish to share copies of your agency's policy statement, which may be helpful to agencies that are in the process of developing their own, please send them to Marjorie Marks, Office of Personnel Management, 1900 E Street NW., Washington, D.C. 20415, Room 7412 or fax to 202-606-0967. Questions regarding this memorandum or its attachments may be directed to the Employee Relations Policy Center on 202-606-2020 or Internet at MAMARKS.OPM.GOV.

  Attachments

UNITED STATES
OFFICE OF PERSONNEL MANAGEMENT
WASHINGTON. D.C. 20415
May 12, 1980


MEMORANDUM

SUBJECT: Policy Statement On Discrimination On The Basis of Conduct Which Does Not Adversely Affect The Performance Of Employees Or Applicants For Employment
 
FROM: Alan K. Campbell   /s/ AKC
 Director
 
TO: Heads of Departments and Independent Establishments
 

This memorandum, which is the second in a series advising agencies of OPM policy on provisions of the Civil Service Reform Act, transmits the Office of Personnel Management's policy statement on discrimination on the basis of conduct which does not adversely affect the performance of employees or applicants for employment, a prohibited personnel practice established by the Civil Service Reform Act of 1978.

Specifically, 5 U.S.C. §2302(b) prohibits any employee who has authority to take personnel actions from discrimination 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 further goes on to give notice to agency heads that they will be held responsible for the prevention of prohibited personnel practices.

I am therefore recommending that each of you take a strong leadership role by initiating the following actions:

1. Issue a strong management statement clearly defining the policy of the Federal Government as an employer with regard to discrimination on the basis of conduct which does not adversely affect the performance of an employee, an applicant for employment, or other employees.

2. Emphasize this policy as part of new employee orientation covering the merit principles and prohibited personnel practices; and

3. Make employees aware of the avenues for seeking redress, and the actions that will be taken against employees violating this policy.

Policy Statement On Discrimination On The Basis Of Conduct Which Does Not Adversely Affect The Performance of Employees or Applicants for Employment


In accordance with the policy of the Federal Government to recruit from all segments of society, and to select and promote individuals on the basis of ability, knowledge, and skills, under fair and open competition, the Civil Service Reform Act specifically prohibits employees who are authorized to take personnel actions from discriminating on the basis of conduct which does not adversely affect the performance of employees or applicants for employment.

5 U.S.C. §2302(b) states that "[any] employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority -


Furthermore, subsection (c) of 5 U.S.C. §2302 goes on to give agency heads specific notice that they will be held responsible for the prevention of prohibited personnel practices, as well as for compliance with, and enforcement of, all applicable civil service laws, rules, and regulations.

The privacy and constitutional rights of applicants and employees are to be protected. Thus 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. An applicant or employee is also to be protected against any infringement of due process, self- incrimination or other constitutional rights. (See page 19 of the Senate Report of the Committee on Governmental Affairs, No. 95-969). However, applicants may receive credit for pertinent religious, civic, welfare, service and organizational work performed with or without compensation in connection with an examination for civil service positions.

Federal employees are expected to maintain high standards of honesty, integrity, and impartiality, and to conduct themselves while at their workplace in a manner which will foster public confidence in the Federal Government. While neither OPM nor agencies may regulate the lawful social interactions or relationships freely entered into by Federal employees outside of the workplace, employees and applicants also have a responsibility to conduct themselves in such a manner so as not to impair their agencies' ability to discharge their responsibilities or to carry out their missions.
CON 148-78-4
June 1987