Federal GLOBE-Gay,Lesbian,and Bisexual Employees of the Federal Government
FROM THE COMMANDANT OF THE U.S. COAST GUARD
US COAST GUARD
WASHINGTON DC
ALCOAST 106/94
COMDTNOTE 5000
SUBJECT:
COAST GUARD SEXUAL ORIENTATION POLICY FOR CIVILIAN EMPLOYEES
A. Civilian personnel actions: discipline, performance, adverse actions appeals, and grievances, COMDTINST M12750.4
1. This message promulgates Coast Guard policy and reaffirms standards of behavior expected of the entire Coast Guard workforce when relating to civilian employees on matters involving sexual orientation. It also describes the avenues of redress available to civilian employees who believe they have been demeaned or treated unfairly because of their sexual orientation.
2. The Coast Guard's underlying core value of respect and my diversity policy statement form the framework for standards of' behavior expected of all Coast Guard personnel in their day to day interactions. Simply stated, I expect all our people to accord each person the fairness and dignity to which they are entitled and espoused by the core value of respect.
3. Civilian employees or applicants for civilian positions will not be denied opportunities because of their sexual orientation. Personnel actions based on non-job-related factors, such as sexual orientation, are inappropriate.
4. Rude, hostile and disrespectful remarks concerning sexual orientation have no place in the Coast Guard and are a violation of this policy. I expect managers to take swift corrective action when violations are either heard or reported.
5. Sexual orientation is not a basis of discrimination protected by Title VII of the Civil Rights Act of 1964. However, the Civil Service Reform Act of 1979 affords protection and avenues of redress to persons who believe they have been discriminated against because of their sexual orientation.
A) Allegations may be submitted to the Merit Systems Protection Board (MSPB), if raised as a challenge to a personnel action otherwise appealable to the MSPB. These include major disciplinary actions, such as removals or lengthy suspensions.
B) Persons who believe they have been subjected to a prohibited personnel practice because of their sexual orientation may file a complaint with the office of special counsel (OSC), whether or not the agency's action is appealable to the MSPB. These include: nonselection for promotions, awards, training opportunities, etc. The OSC is an independent agency authorized to investigate and seek corrective action from the MSPB concerning allegations of prohibited personnel practices.
C) Other remedies available within the Coast Guard include the administrative grievance procedure and, in some cases, the negotiated grievance procedure outlined in reference A. Consult your civilian personnel office for assistance in this regard.
6. I charge all members of the Coast Guard to work together to achieve and maintain a positive workplace environment. This is vital if we are to be successful in realizing my goal for the Coast Guard to "provide leadership and a working environment to enable all our people to reach their full potential."