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Sexual Orientation

On May 28, 1998, Executive Order 13087 was issued, prohibiting discrimination on the basis of sexual orientation in the Federal civilian workforce; it did not make provision for employees to bring claims on this basis before the Equal Employment Opportunity Commission. However, the Department of Health and Human Services has a policy of nondiscrimination based on sexual orientation.

If you believe that you have been discriminated against because of sexual orientation, you must seek EEO Counseling by contacting OEOCR within 45 calendar days from the date of incident. Your complaint will be processed as described above for individual complaints through the investigation. Based on the information developed by the investigation, an effort may be made to resolve your complaint on an informal basis. If resolution of the complaint is reached, the terms of the settlement will be reduced to writing and you will be provided a copy. If the complaint is not settled, the Director, of OEOCR will issue a decision addressing the merits of your claim on this basis and will provide you with appropriate information regarding your entitlement to appeal the decision to the DHHS' Director of EEO. Following a review of the entire record, the DHHS Director of EEO will issue a decision based on the merits of your claim and, if discrimination is found, order appropriate remedies and relief. The appellate decision of the DHHS Director of EEO is final and there is no entitlement to further administrative review of the complaint on the basis of sexual orientation.

Commissioned Corps Personnel Claims