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DASHR/CHCO

Human Resonrces Issuance System Chapter: 900-006

Transmittal Number: TN-08-003

Date: June 11, 2008

Office: Office of Civil Rights and Diversity

Subject: Disciplinary Action for Employees Who Violate Antidiscrimination

and Whistleblower Protection Laws

1, PURPOSE. To establish the Department's policy for taking disciplinary action when a

violation of Federal antidiscrimination and whistleblower protection laws has occurred.

2. SCOPE. This policy applies to all bureaus, offices, and organizations ofthe Department

ofthe Treasury, The authority ofthe Inspectors General is set forth in Section.3 ofthe

Inspector General Act and the Internal Revenue Service Restructuring and Reform Act,

and defined in Treasury Order 114-01 (OlG) and Treasury Order 115-01 (TIGTA), or

successor orders. The provisions ofthis policy shall not be construed to interfere with

that authority.

3. EFFECTIVE DATE, This policy is effective with the date ofthis Chapter.

4. REFERENCES.

A U.S, Equal Employment Opportunity Commission, Equal Employment

Opportunity (EEO) Management Directive 71.5 (October 1,2003)

B. Section 303, Public Law No, 107-174, 116 Stat 566-575, Notification and Federal

Employee Antidiscrimination and Retaliation Act of 2002

C. 5 CFR Part 724, Final rule, Implementation ofTitle II of the Notification and Federal

Employee Antidiscrimination and Retaliation Act of 2002

5. BACKGROUND. Congress enacted Public Law 107-174 to increase the accountability of

Federal agencies for violations of antidiscrimination and whistleblower protection laws.

Agencies are required to report annually on the number of employees disciplined and the

specific nature of action taken, with respect to violations of antidiscrimination and

Whistleblower protection laws.
6. POLICY It is the policy ofthe Department ofthe Treasury to maintain a work

environment that is free from discrimination and harassment based on race, color, religion,

sex, national origin, age, disability, sexual orientation, parental status, protected genetic

information and retaliation for opposition to discrimination or participation in the

discrimination complaint process. It is also the Department's policy to take appropriate

disciplinary action when a violation ofFederal antidiscrimination and whistleblower

protection laws has occurred.

Individuals who engage in conduct inconsistent with the law will be held accountable for

their actions and appropriate disciplinary action will be taken when an employee has

engaged in discriminatory or retaliatory conduct (including retaliation for engaging in

protected whistleblowing activities). While discrimination based on sexual orientation,

parental status and protected genetic information is not covered by Federal statute, the

same standards will apply to individuals who have been found to have violated Federal and

Treasury policies on non-discrimination on any ofthese bases.

7, RESPONSIBILITIES.

A. Each Treasury bureau shall establish a disciplinary policy and/or table of penalties

which provides for appropriate disciplinary actions for employees who have

intentionally engaged in discrimination or retaliatory actions, including retaliation for

whistleblowing activities. Each EEO Officer and HR Officer shall ensure the

appropriate policies are in place and disseminated to all employees. Where

applicable, bureaus must fulfill their labor-management relations obligations prior to

implementing such policy.

B. Bureaus must submit a signed copy ofthe policy or table of penalties to the Director,

Office ofCivil Rights and Diversity within 180 days ofthis issuance. That date may

be extended if a bureau has not concluded negotiations on this matter.

C. By December 31 of each year, bureaus will report, for the previous five fiscal years,

on:

I) the number, st.atus and disposition of court cases filed in Federal court in

which the plaintiff alleged discrimination, whistleblowing, or reprisal,

prescribed by 5 U.S.C. § 2302(b)(I), (b)(8) or (b)(9), namely:

(a) race, color, religion, sex or national origin discrimination, in

violation ofTitle VII of the Civil Rights Act of 1964;

(b) age discrimination, in violation ofthe Age Discrimination in

Employment Act;

(c) sex discrimination, in violation of the Fair Labor Standards Act

(Equal Pay Act); or

(d) discrimination against an individual with a disability, in violation

ofsection 501 ofthe Rehabilitation Act of 1973;

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(e) prohibited personnel practice cases such as discrimination on the

basis ofmarital status or political affiliation, a violation of merit

principles, nepotism, a violation ofwhistleblower protection and

anti-retaliation provisions under 5 U.S.C. §§ 2302(b)(l)-(9) and

2302(d).

2) the number of cases (including cases where a judicial finding was made or

the case was settled after a determination there was a violation of law)

where discrimination or retaliation was found or there was a determination

an employee's whistleblower rights were violated,

3) the total number of employees in each fiscal year disciplined as defined in 5

CFR 724102,

4) the nature ofthe disciplinary action. (Section 724.102 defines discipline for

reporting purposes to include: reprimand, removal, reduction in grade or

pay, or suspension without pay.),

5) the amount of money required to be reimbursed to the Judgment Fund

because of a judgment against the agency or because of a settlement, and,

6) the amount of money to be reimbursed that is separately designated as

attorney's fees.

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8 OFFICE OF PRIMARY INTEREST. Office of the Deputy Assistant Secretary for Human

Resources and ChiefHuman Capital Officer; Office ofCivil Rights and Diversity

Rochelle

~~7.4~~ F Granat

Deputy Assistant Secretary for Human

Resources and Chief Human Capital Officer

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