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Policies
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Equal Opportunity
For Public Health Service (PHS)
Commissioned Officers
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REGULATION: INSTRUCTION 1, Subchapter 46.1,
"Equal Opportunity" of the Commissioned Corps Personnel Manual.
POLICY:
INSTRUCTION 6, Subchapter 26.1, "Equal Opportunity: Discrimination
Complaints Processing,” of the Commissioned Corps Personnel Manual.
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OVERVIEW:
The Secretary, Health and
Human Services, mandated that all members of, and qualified applicants to, the
Public Health Service (PHS) Commissioned Corps are afforded equal opportunity
when considered for appointment, career development, promotion, assignments,
relocation, assimilation, retention, and separation pursuant to INSTRUCTION
6, Subchapter 26.1, "Equal Opportunity: Discrimination Complaints
Processing,” of the Commissioned Corps Personnel Manual.
Every officer or applicant
shall be free from any and all restraint, interference, coercion, or reprisal
on the part of fellow officers or employees, supervisors, or other management
officials in lodging any allegation relating to discrimination, filing or
pursuing any complaint or appeal, appearing as a witness or serving as a
representative or as an advisor to a complainant, or other action related
thereto.
All personnel are
accountable for their actions and are responsible for preventing and reporting
incidents of discrimination and/or reprisal.
It is PHS Commissioned Corps policy to provide equal opportunity to all
qualified professionals; to assure that there is no discrimination in the
workplace based on race, color, religion, sex, national origin, or to a
limited extent, age or disability; and, to resolve or adjudicate promptly and
fairly all allegations relating to discrimination.
Violations of this policy
shall be brought to the attention of the appropriate manager, administrator,
or EEO Officer. The equal
opportunity complaint procedure is designed to correct inequities in a manner
consistent with Commissioned Corps policies and procedures. To this end, officers filing complaints must identify the
desired outcome. However,
compensatory damages and attorney fees are not available to commissioned
officers.
An Equal Opportunity (EO)
action is a written allegation of discrimination or reprisal based on race,
color, religion, sex, national origin, or to a limited extent, age or
disability, filed for processing, in accordance with INSTRUCTION 6.
A flow chart for the Commissioned Corps EEO process is
provided as an attached EXHIBIT to
INSTRUCTION 6.
INSTRUCTION 6 provides
guidance to Commissioned Officers seeking to initiate an equal opportunity
action.
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FREQUENTLY ASKED
QUESTIONS:
What does equal
opportunity mean?
That an individual will receive consideration and fair treatment based
on merit and capability without regard to race, color, religion, sex, national
origin, or to a limited extent, age or disability, for all members of, and
applicants to, the PHS Commissioned Corps, in factors such as appointment,
training, career development, and any other personnel practices that might
affect the members opportunities and work environment.
I work for the U.S.
Coast Guard, where do I file an EO complaint?
PHS commissioned officers detailed to the Navy, Marine Corps, Army, Air
Force and Coast Guard, remain subject to the law of the Armed Forces to which
detailed. EO complaints filed by
these officers will be processed in accordance with the procedures of the
Service to which detailed.
I thought we were
covered under anti-discrimination laws with regard to EEO complaints?
On November 13, 1998, the President signed the Health Professions
Education Partnerships Act of 1998 (Public Law 105-392).
This law amended the PHS Act by including the following provision:
Active
service of commissioned officers of the Service shall be deemed to be active
military service in the Armed Forces of the United States for purposes of all
laws relating to discrimination on the basis of race, color, sex, ethnicity,
age, religion, and disability (42 U.S.C. 213(f)).
The effect of this law is
to overturn the decisions handed down in Federal court cases which held that
commissioned officers of the PHS were Federal employees covered by
anti-discrimination legislation.
What is an
alternative dispute resolution (ADR)?
This describes a number of techniques which provide alternatives to the
traditional mechanisms–negotiations and litigation–for resolving an EO
conflict. These techniques are
generally voluntary, consensual and convened by a neutral party.
What is an EEO
Counselor?
A person who has been designated by the Health and Human Services (HHS)
Operating Division or Program to assist in the informal resolution of issues
relating to equal opportunity of the PHS Commissioned Corps, in factors such
as appointment, training, career development, and any other personnel
practices that might affect the members opportunities and work environment.
I keep hearing the
word reprisal. What does that
mean? Reprisal
is an unlawful act to restrain, interfere, coerce, or discriminate against an
individual who is involved or participating in the discrimination complaints
process.
Do I have the right
to have a representative or attorney?
You may have a representative of your choosing at all stages of the
pre-complaint and complaint processes. You
may obtain at your own expense, legal counsel.
What is an informal
resolution process? At an
officer’s request every effort will be made to resolve all allegations
relating to discrimination through an informal process.
Officers should seek informal resolution as soon as possible. Officers
have 60 days after an offending incident or occurrence in which to reach an
informal resolution, or to file a formal complaint. This time period may be extended by the EEO Officer if it
appears that the case is nearing resolution.
Although officers and applicants are encouraged to seek informal
resolution, they are not required to do so before filing a formal complaint.
The process is detailed in the INSTRUCTION.
What does the EEO
counselor do?
The EEO counselor explains the complaint procedure to the complainant,
informs him/her of the ADR option, and facilitates resolution.
The process is detailed in the INSTRUCTION.
Can the Commissioned
Corps Liaison help me?
They can provide consultation on commissioned corps policies and
procedures, and assist with informal resolutions.
What is the formal
complaint process?
This is a written discrimination complaint submitted to the EEO.
An investigation will be conducted and the EEO Officer will prepare a
legal analysis of the facts for a final decision by the Surgeon General. The
process for preparing and presenting a formal complaint is detailed in the
INSTRUCTION.
Who conducts the EO
investigations?
These are conducted by outside investigators contracted to perform such
investigations.
After I filed an EEO
complaint, I have incurred reprisal from my Program. What rights do I have?
A complainant who alleges reprisal in connection with the presentation
of a pending complaint under this INSTRUCTION, may add reprisal as an
additional basis with the original complaint.
This must be in writing, contain all pertinent facts, and be submitted
to the EEO Officer within 15 days of the date of the alleged occurrence.
Guidance on this procedure is detailed in the INSTRUCTION.
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AGENCY POINTS OF CONTACT:
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Office of the Secretary |
Ms. Barbara Aulenbach |
202-619-1564 |
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Centers for Disease Control and Prevention |
Ms. Sue J. Porter-Anderson |
404-639-0336 |
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Centers for Medicare & Medicaid Services
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Mrs. Arlene Austin |
410-786-5110
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Food and Drug Administration |
Georgia Coffey |
301-827-4840 |
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Health Resources and Services Administration |
Mr. J. Calvin Adams |
301-443-5636 |
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Indian Health Service |
Ms. Cecelia A. Heftel |
301-443-1108 |
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National Institutes of Health |
Ms. Hilda Dixon |
301-402-4157 |
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National Park Service |
Ms. Sonya Coakley |
202-565-1117 |
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Program Support Center |
Mr. Donald L. Inniss |
301-443-1144 |
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Substance Abuse and
Mental Health Services Administration |
Mr. Richard Kopanda |
301-443-4447 |
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AGENCY WEB SITES:
Office of the Secretary: http://www.hhs.gov/asmb/budget/eeo.html
Centers for Disease Control
and Prevention: http://www.cdc.gov/maso/eeofs.htm
Centers for Medicare & Medicaid Services: http://www.cms.hhs.gov/EEOInfo/
Food and Drug
Administration: http://www.fda.gov
Health Resources and
Services Administration: http://www.hrsa.gov
Indian Health Service: http://www.eeo.ihs.gov
National Institutes of
Health: http://www1.od.nih.gov/OEO/CMAB/Complaints_Briefing.html
Program Support Center: http://oeeo.psc.gov
Substance Abuse and Mental
Health Services Administration: http://www.samhsa.gov
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For Questions or Comments, please send e-mail
to :
Administrative and Disciplinary Actions Officer
or
Call: 240-453-6002
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