No FEAR Act 

Annual Report to Congress

Fiscal Year 2022 

OFFICE OF DIVERSITY, INCLUSION AND CIVIL RIGHTS

U.S. DEPARTMENT OF THE INTERIOR 

Visit us: https://www.doi.gov/pmb/eeo 
 

 

 

 

 

 

 

 

 

 

 

	 	 	 	 	 	

 

 

Contents 

3 Introduction 

5 Background 

8 Results and Data 

13 Analysis and Trends 

22 No FEAR Act Training Plan 

24 Accomplishments, Training, and Awareness 

29 Appendices 

30 Appendix A – Personnel Bulletin 18-01: Prevention and Elimination 

of Harassing Conduct 

49 Appendix B – Equal Employment Opportunity Policy Statement issued by 

52 Appendix C – 370 Department Manual 752: Discipline and Adverse 

82

Appendix E – New Anti-Harassment Policy

the Secretary on September 30, 2022

101

Appendix D – Personnel Bulletin 17-09: Mandatory Training on Equal 

Employment Opportunity (EEO), Prohibited Personnel 

Practices (PPPs) and Whistleblower Protections, and

Notification and Federal Employee Anti-Discrimination 

and Retaliation Act of 2002 (No FEAR Act) 

91 Appendix F – Memorandum sent from Inspector General to all OIG

employees regarding whistleblower protections 

93 Appendix G – No FEAR Act Report Summary Data

88

Appendix H – Personnel Bulletin 21-03: Processing Requests for 

Reasonable Accommodation for Individuals with Disabilities

Actions
Introduction

DOI’s mission is 

carried out by 

approximately 

70,000 dedicated 

and skilled 

employees in 2,400 

locations throughout 

the United States.
 

	 	 	 	 	 	 	 	 	 	 	 	

Introduction 

Introduction 

The Department of the Interior (Interior or Department) protects and manages the Nation’s 

natural	resources	and	cultural	heritage;	provides	scientific	and	other	information	about	those	

resources; and honors its trust and treaty responsibilities or special commitments to American 

Indians,	Alaska	Natives,	Native	Hawaiians,	and	affiliated	Island	Communities.	The	Department	

plays a central role in how the United States stewards its public lands and waters, increases 

environmental protections, pursues environmental justice, and honors our nation-to-nation 

relationship with Tribes. 

The Department is the steward of 20 percent of the Nation’s lands, including national parks, 

national wildlife refuges, and other public lands. It manages resources providing approximately 

20 percent of the Nation’s energy; delivers and manages water in the 17 western states 

and supplies 15 percent of the Nation’s hydro-power energy; and upholds Federal trust 

responsibilities to federally recognized Indian Tribes, Alaska Native communities, and insular 

areas. 

The Department also	partners	with	states	to	manage	wildlife;	promote	healthy	forests	and	

suppress	fires;	manage energy resource development (oil, gas, coal, hydro, geothermal, wind, 

and solar) on its lands	and	offshore	areas;	promote	outdoor	recreation	(including	hunting,	

fishing,	bird	watching,	 boating, hiking, and biking); and provide mapping, geological, 

hydrological, and biological scientific	data	and	research	for	the	Nation.

The Department's mission is carried out by approximately 70,000 dedicated and skilled 

employees in 2,400 locations throughout the United States. Over 280,000 volunteers annually 

contribute their time in support	of	bureau	and	office	missions,	bringing	unique	local	knowledge	

to	park	operations, assisting in recovery from natural disasters, and participating in 

environmental education, among other activities. 

Achieving Interior’s mission requires talented individuals who are invested in the organization’s 

purpose	and	who	can	navigate	the	challenges	of	fulfilling	the	mission.	The Department 

succeeds	because	of	the	talents	of	its	employees	and	volunteers.	Each	of	the	eleven bureaus	

– as	well	as	the	Office	of	the Secretary, including the Assistant Secretary for Fish, Wildlife, and

Parks; Assistant Secretary for Land and Minerals Management; Assistant Secretary for Water

and Science; Assistant Secretary for Indian Affairs; Assistant Secretary for Insular and

International Affairs; Assistant	Secretary	for Policy,	Management, and	Budget;	Office	of	the

Solicitor;	and	Office	of	the Inspector General – perform equally important work, that is critical to

accomplishing the Department's broader mission.

4 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
Background 

The Notification and 

Federal Employee 

Anti-discrimination 

and Retaliation Act 

of 2002 (No FEAR 

Act), Public Law 107-

174, went into effect 

on October 1, 2003. 

The No FEAR Act 

requires that federal 

agencies be 

accountable for 

violations of antidiscrimination 

and whistleblower 

protection laws. 
	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	

 

	 	 	 	 	 	 	 	 	 	 	 	

Background 

Background 

The	Notification	and	Federal	Employee	Anti-discrimination	and	Retaliation	Act	of	2002	(No	

FEAR Act), Public Law 107-174, went into effect on October 1, 2003. The No FEAR Act 

requires that federal agencies be accountable for violations of anti-discrimination and 

whistleblower protection laws and post quarterly on its public website certain statistical data 

relating to federal	sector	Equal	Employment	Opportunity	(EEO)	complaints	filed	with	the	

agency.	The No FEAR Act also requires federal agencies to report annually on the 

Agency’s efforts to improve compliance with employment discrimination and whistleblower 

protection laws and detail the status of complaints brought against the agencies under 

these laws. In FY21, Congress passed the Elijah E. Cummings Federal Employee Antidiscrimination Act (ECA), which amended the No FEAR Act. It is anticipated that the U.S. 

Equal Employment Opportunity Commission	(EEOC)	and	Office	of	Personnel Management	

(OPM)	will	issue	updated	regulations in FY23 regarding implementation of the ECA. 

Section 203 of the No FEAR Act requires federal agencies to submit annual reports to: 

• The Speaker of the House of Representatives;

• The President Pro Tempore of the Senate;

• The Committees on Governmental Affairs of the Senate and Government Reform of the

House of Representatives; Each committee of Congress with jurisdiction relating to the

agency;

• The Attorney General;

• The Chair of the Equal Employment Opportunity Commission; and

• The Director of the Office of Personnel Management.

Federal agencies must report: 

• The number of federal court cases arising under each of the respective areas of law

specified in the No FEAR Act in which discrimination was alleged;

• The status or disposition of cases;

• The amount of money required to be reimbursed to the Judgment Fund;

• The number of employees disciplined for actions inconsistent with the laws governing

the No FEAR Act;

• Any policies implemented related to appropriate disciplinary actions against a federal

employee who discriminated against any individual, or committed a prohibited

personnel practice; and

• An analysis of the data collected with respect to trends, causal analysis, and other

forms for analysis.

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Background 

This annual report for FY22 outlines the following information: 

• The status of the 40 Federal court cases pending during FY22 that were filed against

Interior under the laws described under Section 203(a)(1) of the No FEAR Act.

• There were eight matters requiring payment from the Judgment Fund for a total of

$698,970. These funds were related to judgments, awards, and settlements under the

statutes addressed in the No FEAR Act.

• An overview of the disciplinary action taken against at least 97 employees stemming

from actions that were inconsistent with federal anti-discrimination and anti-harassment

laws.

• An analysis of the 257 formal EEO complaints filed against Interior in FY22. This

analysis shows that reprisal was the most frequently alleged basis of discrimination,

followed by disability, age, race, and sex. Harassment was by far the most frequently

alleged issue, followed by promotion/non-selection, reasonable accommodation,

disciplinary actions, and appointment/hire.

• A trend and causal analysis of formal EEO complaints from FY18-22. This analysis

shows there has been a steady decrease in EEO harassment complaints over the last

five fiscal years at Interior.

• The Department’s No FEAR Act Training Plan.

• The Department’s Accomplishments, Training, and Awareness from FY22.

Additional information regarding Interior’s responsibilities under the No FEAR Act can 

be accessed here: https://www.eeoc.gov/eeoc/statistics/nofear/qanda.cfm. 

7 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
 Results and Data 

The Equal 

Employment 

Opportunity Policy 

Statement issued 

by the Secretary 

on September 30, 

2022, reaffirms the 

Department’s 

commitment to 

ensuring Interior

policies, practices 

and procedures do 

not deny 

opportunities to 

employees or 

applicants because 

of race, color, sex, 

national origin, 

religion, age, 

disability, or genetic 

information. 
	 	 	 	 	 	 	 	 	 	 	 	

Results and Data 

Results and Data 

A. Federal Court Cases Arising Under Federal Anti-discrimination and/or

Whistleblower Protection Laws

In	FY22,	the Department	was	a	party	to	40	federal	court	cases	filed	under	laws	governed	by	

the	No FEAR Act. At the time of reporting, 21 cases were pending, eight cases were settled, 

and eleven cases had a decision issued in favor of the Department. The most frequent basis 

alleged in all of these FY22 federal court cases was race under Title VII of the	Civil	Rights	

Act	of	1964	(Title	VII).	Complaints	can	be	filed	alleging	multiple	issues	and	bases of 

discrimination; consequently, the sum of the bases and issues may not equal the total	

complaints	filed.

B. Summary of Federal Court Cases

Federal Court Cases by Basis (FY22) 

Basis Pending Resolved 

Age 9 6

Color 2 4

Disability 5 5

Genetic Information 0 0 

National Origin 4 5

Race 8 10 

Religion 0 1

Reprisal 6 6

Sex/Gender 9 6

Sexual Orientation 0 1 

Whistleblowing 0 0

9 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
	 	 	 	 	 	 	 	 	 	 	 	

Results and Data 

C. Judgment Fund

There were eight matters requiring payment from the Judgment Fund for a total of 

$698,970 in FY22. These funds were related to judgments, awards, and settlements 

under the statutes addressed in the No FEAR Act. 

D. Employee Discipline

During FY22, the Department took disciplinary action against at least 63* employees for 

violations of federal anti-discrimination laws, as described under the No FEAR Act, as well 

as violations of the Department’s anti-harassment policy, Personnel Bulletin 18-01.

Section 203 of the No FEAR Act requires the Annual Report to include a detailed 

description of an agency’s disciplinary policies related to laws specified by the No FEAR 

Act. Agencies must specify disciplinary policies for federal employees who discriminate 

against any individual in violation of any of the laws covered by the No FEAR Act, or who 

commit any other prohibited personnel practice that was revealed in the investigation of a 

complaint alleging a violation of the federal anti-discrimination and/or whistleblowing laws. 

At Interior, the appropriate level supervisor consults with the servicing Human Resources 

Office	and	utilizes	the	Department	Manual	370	DM	752,	Discipline	and	Adverse	Actions,	to 

recommend and take appropriate action. 370 DM 752 includes Appendix B, Table of 

Offenses and Penalties, a guide to supervisors/managers for considering disciplinary 

actions. It should further be noted that pursuant to the EEOC’s Management Directive 

715	(MD-715),	the	EEO	Office	has	a	role	in	recommending	remedial	or	disciplinary	action	

concerning managers and supervisors who failed in their EEO responsibilities. 

10 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report

* This number includes the data required under Section 203(a)(4) of the No FEAR Act as well as the number of employees disciplined pursuant to the

Department’s anti-harassment policy, Personnel Bulletin 18-01: Prevention and Elimination of Harassing Conduct, through which the Department

proactively addresses misconduct before it becomes unlawful harassment. See Appendix A.

DOI Disciplinary Actions (FY22) 

Reassignment 0

Reduction in Grade 1

Removal 4

Reprimand 23

Suspension (less than 14 days) 28

Suspension (more than 14 days) 1

Termination 9 

Total Actions 63*
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	

 

	 	 	 	 	 	 	 	 	 	 	 	

Results and Data 

D. Employee Discipline, Continued

Pursuant to the ECA, the Department is required to provide a Disciplinary Action Report to 

the EEOC no later than 120 days from the date on which it takes final action or receives a

final decision issued by the EEOC involving a finding of intentionally committed

discriminatory (including retaliatory) acts in violation of a provision of law covered by the 

No FEAR Act. 

The following Policy Statements reinforce Interior's commitment to establishing a 

workplace free from discrimination, harassment, and or/retaliation. These policies hold all 

Interior employees accountable for their actions: 

• Personnel Bulletin 18-01: Prevention and Elimination of Harassing Conduct

updated and amended Interior's policy on providing a work environment free of 

harassment by	defining	unacceptable	conduct	that	violates	the	policy; outlining	the	rights	

and responsibilities of employees, supervisors, and managers; and establishing reporting

procedures and accountability measures. See Appendix A.

• The Equal Employment Opportunity Policy Statement issued by the Secretary on

September	30,	2022,	reaffirms	the	Department’s	commitment	to	ensuring	Interior

policies, practices, and procedures do not deny opportunities to employees or applicants

because of race, color, sex, national origin, religion, age, disability, or genetic

information. The Policy Statement provides that Interior will ensure that EEO is

implemented in all human capital and employment programs, management practices,

and employment decisions, including recruitment, hiring, merit promotions, transfers,

reassignments, training,	career	development,	benefits,	and	separations. See Appendix

B.

• 370 Departmental Manual 752: Discipline and Adverse Actions establishes the

policy, procedures, and authority/responsibility for administering employee discipline

within Interior, and for taking appropriate corrective action for disciplinary and certain

non-disciplinary	reasons,	when	it	is	determined	that	such	actions	will	promote	the

efficiency of service. See Appendix C.

• Personnel Bulletin 17-09: Mandates training on EEO, Prohibited Personnel Practices

and Whistleblower Protections, and the No FEAR Act. This policy requires the

Department's sub-components to communicate their EEO policies and programs to their

employeesand mandates No FEAR Act Training for all employees. Additionally, this

policy requires that every supervisor and manager on the Interior rolls as of

October 1, 2016, complete Civil Treatment for Leaders training. Lastly, Personnel Bulletin

17-09 mandates that beginning in FY17, every three years, all managers and

supervisors must complete Prohibited Personnel Practices and Whistleblower Training.

See Appendix D.

11 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	

 

	 	 	 	 	 	 	 	 	 	 	 	

Results and Data 

D.Employee Discipline, Continued

• Personnel Bulletin 21-03 establishes policy and procedures for processing

reasonable accommodation requests. The goals of this policy are to ensure: (1)

prompt and effective accommodation solution are provided to foster maximum

productivity and performance, equal access to employment and the workplace

environment, and create an atmosphere where employees can fulfill the

Department's mission; (2) qualified employees and applicants for employment

participate in a transparent and communicative manner throughout the

reasonable accommodation process; and (3) requests for reasonable

accommodations are processed within established timeframes. See Appendix E.

12 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
 Analysis and Trends 

Over the last five

fiscal years, there 

has been a steady 

decrease in the 

overall number 

of formal EEO 

complaints filed with 

the Department. 

Compared to FY18, 

FY22 saw a 30% 

decrease in new 

formal complaints. 
Analysis and Trends 

A. Formal Complaints

In FY22, 257	formal	EEO	complaints	were	filed	against	the Department. Reprisal	was	

the	most	frequently alleged basis, followed by disability, age, race, and sex. 

Harassment was the most frequently alleged issue, followed by promotion/nonselection, reasonable accommodation, disciplinary action, appointment/hire, and 

performance evaluation/appraisal. As noted above, complaints	can	be	filed	alleging	

multiple	issues	and	bases	of	discrimination;	consequently,	the	sum	of	the	bases	and	

issues	may not	equal	the	total	complaints	filed.

 Analysis and Trends 

Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report

Bases

Year of FY

2020 2021 2022

0 50 100 150

Complaints

0 50 100 150

Complaints

0 50 100 150

Complaints

Reprisal

Disability (Mental / ..

Age

Race (Total)

Sex (Total)

Religion

Color

National Origin (Oth..

National Origin (His..

GINA

Pregnancy Discrimin..

Equal Pay Act (Male)0

3

1

2

10

27

8

103

71

97

122

147

0

2

0

17

17

20

12

93

84

75

93

150

0

1

3

11

13

28

31

54

59

75

105

119

Most Frequently Alleged Bases

Year of FY

2020 2021 2022

0 50 100 150

Complaints

0 50 100 150

Complaints

0 50 100 150

Complaints

Issues

Harassment

Promotion / Non-Selection

Reasonable Accomodation

Disciplinary Action

Appointment / Hire

Perf Eval / Appraisal

Termination

Telework

Pay Including Overtime

Training

Time and Attendance

Reassignment 13

19

11

4

4

25

32

35

51

34

39

124

9

12

6

11

3

22

29

39

44

24

26

118

4

7

9

10

11

21

28

29

30

32

35

127

Most Frequently Alleged Issues
B. Efficiency of Complaints Processing

In FY22, the Department counseled 98.8% of its 418 pre-complaints in a timely manner, 

which is slightly above the federal sector average of 95.1%. Pre-complaints are informal 

complaints filed	as	part	of	the	federal	sector	EEO	process.	Interior	completed	87.2% of 

EEO	investigations in a timely manner, which is consistent with the federal sector average 

of 85.1%.

C. Findings of Discrimination

In	FY22,	Interior	issued	two	Final	Agency	Decisions	(FADs)	with	a	finding	of	

discrimination.	Complaints	can	be	filed	alleging	multiple	issues	and	bases	of	

discrimination;	consequently,	the	sum	of	the	bases	and	issues	may	not	equal	the	total	

complaints	filed.

 Analysis and Trends 

Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report

Bases

FY

2021 2022

0 5 10 15

Complaints

0 5 10 15

Complaints

Reprisal

Sex (Total)

Disability (Mental / Physical)

Race (Total)

Age

Color

Religion

16

10

6

4

3

1

2

FAD Findings of Discrimination by Basis

Issues

FY

2021 2022

0 2 4 6 8 10 12 1416

Complaints

0 2 4 6 8 10 12 1416

Complaints

Harassment

Terms / Conditions of Employment

Assignment of Duties

Promotion / Non-Selection

Disciplinary Action

Appointment / Hire

Training

Reasonable Accomodation

Perf Eval / Appraisal

13

7

4

2

2

1

1

1

FAD Findings of Discrimination by Issue
C. Findings of Discrimination, Continued

In	FY22,	the	EEOC	issued	10 findings	of	discrimination	against	Interior.	Complaints	can	be	

filed	 alleging multiple issues and bases of discrimination; consequently, the sum of the 

bases and issues	may	not	equal	the	total	complaints	filed.

Analysis and Trends 

Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report

Bases

FY

2021 2022

0 1 2 3 4 5 6

Complaints

0 1 2 3 4 5 6

Complaints

Reprisal

Race (Total)

Sex (Total)

Disability (Mental / Physical)

National Origin

Color

Religion

Age

5

4

3

1

1

EEOC Findings of Discrimination by Basis

Issues

FY

2021 2022

0 1 2 3 4 5

Complaints

0 1 2 3 4 5

Complaints

Terms / Conditions of Employment

Harassment

Assignment of Duties

Time and Attendence

Promotion / Non-Selection

Perf Eval / Appraisal

Disciplinary Action

Reasonable Accomodation

Telework

Training

Appointment / Hire

4

4

3

3

2

1

1

EEOC Findings of Discrimination by Issue
D. Closures

In	FY22,	the Department	closed	298	complaints	by	withdrawal,	settlement,	Final Agency 

Decision,	or	Final	Order.	There were 13 withdrawals, 114 settlements during the formal 

stage, 99 Final Agency Decisions (FADs) without an EEOC Administrative Judge (AJ) 

Decision (which includes FAD procedural dismissals), and 73 Final Agency Orders with	an	

AJ	Decision.	As	referenced	above,	the	Department	issued	two	FAD	findings	of	

discrimination	and	EEOC	issued	10 findings	of	discrimination	against	the	Department.	

Less	than	1	percent	of	all	Interior's	Final	Agency	Actions	appealed	were	remanded	by	the	

EEOC	Office	of Federal Operations.

Analysis and Trends 

Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report

FY

2020 2021 2022

Fads Final O..Settle..Withdr.. Fads Final O..Settle..Withdr.. Fads Final O..Settle..Withdr..

0

10

20

30

40

50

60

70

80

90

100

110

120

130

140

150

Value

104

99

95

21

147

97

91

22

99

113

73

Complaint Closures Measure Names

FADs

Final Orders 

Settlements 

Withdrawals

13
E. Trends and Causal Analysis

Although FY22 saw a slight increase in the number of formal complaints filed from the 

previous fiscal year, generally, over	the	last	five	fiscal	years,	there	has	been	a	decrease	in	

the	overall	number	of	formal	EEO	complaints	filed	with	the	Department.	Compared to FY18,

FY22 saw a 30 percent decrease	in new formal complaints. This trend is consistent with the 

broader trend of decreased EEO complaints across the federal sector. This trend may be 

due to several root causes, such as the government shutdown in FY19, the COVID-19 

pandemic, and the Department’s increased proactive preventative efforts which are 

summarized below. 

Analysis and Trends 

Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report

366

301

274

239

FY18 FY19 FY20 FY21

Number of DOI Formal Complaints FY18

-FY21
E. Trends and Causal Analysis, Continued

Consistent	with	the	decline	in	formal	complaints,	over	the	last	five fiscal	years,	there	has	

been a steady decline in EEO complaints alleging harassment at Interior. In FY18, the 

Department received 195 EEO harassment complaints. By comparison, in FY22, the 

Department received 127 EEO harassment complaints. This decrease is due, in part, to 

the Department’s enterprise -wide approach to maintain a harassment-free workplace and 

to take prompt and effective action when allegations of harassment arise.

Several key initiatives of note have contributed to the decrease in overall EEO harassment 

complaints. First, in FY18 the Department issued Personnel Bulletin 18-01: Prevention and 

Elimination of Harassing Conduct (PB-18-01), which updated and amended Interior’s policy 

on	providing	a	work	environment	free	of	harassment	by	defining	unacceptable	conduct	that	

violates the policy; outlining the rights and responsibilities of employees, supervisors, and 

managers; and establishing reporting procedures and accountability measures. See the 

Accomplishments, Training, and Awareness Section for a comprehensive summary of 

these efforts. 

195

165

128

118

FY18 FY19 FY20 FY21

Number of DOI EEO Harassment Complaints

FY18 - FY22

Analysis and Trends 

Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
E. Trends and Causal Analysis, Continued

Reprisal, age, race, disability, and sex are consistently the most frequently alleged bases of 

discrimination at Interior. This trend is consistent with the broader federal sector. The 

number of complaints alleging reprisal, which is the most frequently alleged basis, has 

steadily decreased over the last five fiscal years. The number of complaints alleging race 

or sex discrimination have seen a marked decrease, while the number of complaints 

alleging age or disability discrimination have increased slightly.

FY18 FY19 FY20 FY21

Reprisal 197 151 147 150

Age 112 107 94 75

Race (Total) 105 75 96 84

Disability (Total) 140 91 69 92

Sex (Total) 134 94 97 92

0

50

100

150

200

250

DOI Most Frequently Alleged Basis FY18 -FY22

Analysis and Trends 

Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
	 	 	 	 	 	 	 	 	 	 	 	

Analysis and Trends 

F. Practical Knowledge Gained

A review of EEO complaint trends show that the Department must continue to focus 

resources on training and prevention in the areas of reprisal, disability, age, race, and sexbased discrimination as well as anti-harassment. Interior’s success in reducing the number 

of EEO harassment complaints is evidence that targeted, proactive preventive efforts yield 

results. 

The Department will continue to improve efforts to conduct comprehensive trend analysis, 

identify EEO-related trends within the workplace and develop data-driven proactive 

prevention measures at the Department and bureau level. Robust data analytics will assist 

the Department in implementing an enterprise-wide strategic approach to EEO barrier 

analysis and proactive prevention. 

Many substantive EEO concepts are complex, and supervisors and managers often struggle 

to understand and carry out their EEO responsibilities (e.g., those involving disability 

and anti-retaliation laws). Consistent proactive prevention of discrimination, harassment, 

retaliation (including whistleblower retaliation), and other prohibited personnel practices— 

through training and targeted technical assistance—remains vital to fostering Diversity, 

Inclusion, Equity, and Accessibility (DEIA) throughout the workforce and upholding Merit 

System Principles. 

All organizational leaders must consider DEIA while implementing new or changed policies, 

practices, procedures, and organizational matters that could affect the workforce. Engaging 

with the Department’s EEO stakeholders early and often to obtain crucial input and feedback 

on personnel, budget, technology, and other workforce issues can help prevent potential 

missteps and ensure DEIA best practices are adopted. 

21 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
 

 

No FEAR Act 

Training Plan 

Interior's No FEAR 

Act Training 

is an awardwinning, videobased interactive 

training produced 

and developed 

by ODICR that 

provides an 

overview of 

the rights and 

remedies available 

under the federal 

employment 

discrimination 

and whistleblower 

protection laws. 
	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

 

 	 	 	 	 	 	 	 	 	 	 	 	

No FEAR Act Training Plan

No FEAR Act Training Plan 

The Department's No FEAR Act Training is an award-winning, video-based interactive 

training produced and developed by ODICR that provides an overview of the rights and 

remedies available under the federal employment discrimination and whistleblower 

protection laws. The training provides Interior employees with an opportunity to practice 

decision-making in simulated situations with scenarios designed to teach them how to 

address anti-discrimination and whistleblowing issues in a practical, effective way. The 

training is administered on-line through "DOI Talent," a talent management system that 

offers integrated learning and performance management to Interior employees. 

No FEAR Training is mandatory for all Interior employees. The training cycle is biennial, 

and must be completed no later than September 30th, every other year. In FY21, the last 

training cycle, 91.5 percent of the Department’s workforce completed the training. 

23 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
Accomplishments, 

Training, and 

Awareness

In FY22, the

Secretary of the 

Interior, who 

has prioritized 

workforce DEIA as 

a fundamental part 

of the agency’s 

mission, issued an 

updated agency 

EEO policy 

statement. 
	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

 

 	 	 	 	 	 	 	 	 	 	 	 	

Accomplishments, Training, and Awareness

Accomplishments, Training, and Awareness

A. Anti-Harassment Training and Program Coordinator

To further support the Department's Anti-Harassment Policy (see Appendix E), the Office 

of Human Capital (OHC) in partnership with ODICR, finalized and launched an updated 

mandatory harassment prevention training for employees. This new training meets the 

anti-harassment prevention biennial training requirements for employees and contractors. 

New employees and contractors must complete the training within thirty (30) calendar 

days of their start date. The purpose of this new Anti-Harassment training course is to: (1) 

equip employees to identify unlawful discrimination, including unlawful harassment and 

retaliation; and (2) explain employee rights, responsibilities, and expectations as they 

relate to responding to and/or reporting allegations of unlawful discrimination, including 

unlawful harassment and retaliation. 

In FY22, OHC also hired Interior's first-ever Anti-Harassment Program Coordinator. The 

Coordinator serves as the senior Departmental policy subject matter expert responsible 

for program management support, strategic planning and policy development, providing 

guidance and assistance to bureau human resources and equal employment leaders and 

employees, and evaluating the effectiveness of the Department's Anti-Harassment policy 

and program.

B. New Reasonable Accommodation Policy

During FY22 the Department finalized and received EEOC approval for its updated 

Reasonable Accommodation policy (see Appendix H), which brings the agency's 

procedures in compliance with EEOC's 2016 Final Rule of the Employment of Individuals 

with Disability. The new procedures went into effect at the start of FY23, with a roll-out 

that included orientation sessions for Human Resources and EEO practitioners. Per 

EEOC’s Final Rule requirements, the updated policy includes the creation of a 

Departmental reasonable accommodation tracking system that launched concurrently 

with the new policy. The ODICR and bureau EEO staff will have the opportunity to 

analyze reasonable accommodation request data in FY 2023. 

Additionally, during the reporting period, Interior established a Department-wide 

Accessibility Working Group to support Executive Order 14035 implementation. The 

Accessibility Working Group, which has a Senior Executive Champion and includes 

representatives from OHC, ODICR, Bureau operational areas, and Disability Employee 

Resource Groups, began efforts to conduct a comprehensive review of reasonable 

accommodation processes and identify potential barriers to providing effective and timely 

accommodation solutions. 

25 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
 

	 	 	 	 	 	 	 	 	 	 	 	

Accomplishments, Training, and Awareness

C. Diversity, Equity, Inclusion, and Accessibility (DEIA

In FY22 the Department issued its new Strategic Plan for 2022-2026. Strategic Goal 4: 

Serve and Honor the Public Trust identifies the following strategic objective: 

STRATEGIC OBJECTIVE 4.3: THE U.S. DEPARTMENT OF THE INTERIOR 

WORKFORCE IS DIVERSE, SAFE, ENGAGED, AND COMMITTED TO THE MISSION. 

To implement this strategic objective, the plan notes that:

"The Department established a Diversity, Equity, Inclusion and Accessibility Council that 

will identify concrete strategies to develop innovative recruitment and hiring tactics to drive 

continuous increases in qualified and hired applicants from historically underrepresented 

groups; enable employees to fully contribute to achieving DOI's missions, fostered by an 

inclusive and safe workplace culture; and ensure professional growth and advancement is 

fair, equitable, and accessible to all employees at all career levels. The Department will 

continually assess its performance at all stages of the employee life cycle and identify 

immediate needs and opportunities to improve DEIA practices and outcomes... 

Additionally, DOI will provide coaching for senior leaders and supervisors, so that a 

positive and inclusive environment is modeled at the highest levels and will employ a 

policy which demands that interpersonal practices and behaviors protect and promote 

rights, inclusivity, and dignity."

D. Special Emphasis Program Manager Training

In FY22, ODICR, with support from the Bureau of Safety and Environmental 

Enforcement, secured funding to provide a department-wide Special Emphasis 

Program training for full-time and collateral staff members. The training will 

standardize the knowledge and implementation of a complaint program that aligns 

with MD-715 standards for special emphasis programs.

E. Performance Element for Senior Executives

In FY22, Interior implemented a new agency-specific performance requirement, 

under Critical Element 1: Leading Change, in all SES FY22 Performance Plans.

26 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
 

	 	 	 	 	 	 	 	 	 	 	 	

Accomplishments, Training, and Awareness

F. Executive Order 14074

During FY22, in support of requirements under Executive Oder 14074, Interior established a 

working group to oversee implementation across the Department. As part of this effort, the 

OHC, in partnership with bureau Law Enforcement Divisions and the Office of the Solicitor, 

initiated a review of disciplinary policies for law enforcement officials to ensure consistent 

application of disciplinary actions that ensure equitable and transparent law enforcement 

practices.

G. DEIA Awareness

The Department held several virtual special observance events in FY22, focused on 

building employee skill sets and increasing their cultural competencies in facilitating 

discussions on workplace diversity and resources for career planning and professional 

development. 

H. New EEO Case Management System

In FY22, ODICR procured and launched a new EEO case management system. The new 

system is a next generation EEO platform that enables the Department to enhance the

tracking and management of EEO complaints throughout the EEO complaint life cycle while 

increasing efficiency and data analytics capabilities to meet the demands of a changing 

workforce.

27 Office of Diversity, Inclusion and Civil Rights | Annual No FEAR Report
OFFICE OF DIVERSITY, INCLUSION AND CIVIL RIGHTS 

U.S. DEPARTMENT OF THE INTERIOR 

Visit us: https://www.doi.gov/pmb/eeo 
 Appendices 
 Appendix A
United States Department of the Interior 

OFFICE OF THE SECRETARY 

Washington, DC 20240 

MAR 2 3 2018 

PERSONNEL BULLETIN NO: 18-01 

SUBJECT: Prevention and Elimination ofHarassing Conduct 

1. Purpose. This Personnel Bulletin updates and amends the Department's policy on providing a 

work environment free from harassment by (1) defining unacceptable conduct that violates this 

policy; (2) outlining the rights and responsibilities of employees, supervisors, and managers; and 

(3) establishing reporting procedures and accountability measures. These procedures ensure that 

appropriate officials are notified of, and have the opportunity to promptly correct, harassing 

conduct that is, or has the potential to become, so severe or pervasive as to constitute a legal 

claim of harassment. 

This policy is not intended to, and does not, create any right or benefit, substantive or procedural, 

enforceable at law or equity by a party against the United States, its departments, agencies, 

instrumentalities or entities, its officers or employees, or any other person. 

2. Effective Date. This policy is effective April 23, 2018. 

3. Authorities. 

A. Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended 

B. Title 42 of the United States Code, Section 2000e through 16 

C. Title 29 ofthe United States Code, Section 633a and 791(f) 

D. Title 29 ofthe Code of Federal Regulations, Section 1604.11 and 1614 

E. Title 5 ofthe United States Code, Section 2302(b)(l) and (10) 

F. Title 5 ofthe United States Code, Chapter 75 and substantially similar authorities covering 

employees in alternate personnel systems 

G. Executive Order 11478, as amended 

H. 370 DM 752 

I. Secretary ofthe Interior Harassment Policy Statement, issued April, 12, 201 7 

4. Coverage. This policy applies to all employees within all Bureaus and Offices ofthe 

Department and supersedes any other Departmental or Bureau/Office policies or procedures that 

conflict with this policy. Bureaus/Offices may issue implementing procedures consistent with 

this policy. Prior to implementation, all Bureau/Office implementing procedures must be 

reviewed and approved by the Director ofthe Department's Office of Human Resources. 

5. Policy. 

The Department is committed to providing a work environment free of discrimination and 

harassment based on race, color, religion, sex (including pregnancy and gender identity), sexual 

orientation, national origin, age, disability, genetic information (including family medical 
history), status as a parent, marital status, or political affiliation, and free from illegal retaliation. 

The Department will not tolerate offensive sexual or non-sexual harassing behavior against any 

Department employee, intern, volunteer, contractor or other non-Federal employee, visitor, or 

other member of the public. The Department also will not tolerate adverse treatment of 

employees because they report harassing conduct or provide information related to such 

complaints. The purpose of this policy is to ensure that the Department takes immediate and 

appropriate corrective action, including appropriate disciplinary action, to eliminate harassing 

conduct regardless of whether the conduct rises to the level of a violation of law. Therefore, the 

goal of this policy is to address harassing conduct at the earliest possible stage, before it becomes 

“severe or pervasive,” i.e., harassment within the meaning of anti-discrimination law. 

A. Prohibited Harassing Conduct. The conduct prohibited by this policy includes, but is

broader than, the legal definitions of harassment and sexual harassment. Harassing conduct

prohibited by this policy is defined as unwelcome conduct, verbal or physical, including

intimidation, ridicule, insult, comments, or physical conduct, that is based on an individual’s

protected status or protected activities under this policy, when:

1. the behavior can reasonably be considered to adversely affect the work environment; or

2. an employment decision affecting the employee is based upon the employee’s acceptance

or rejection of such conduct.

Protected status is defined as an individual’s race, color, religion, sex (including pregnancy and 

gender identity), sexual orientation, national origin, age, disability, family medical history 

(including genetic information), status as a parent, marital status, or political affiliation. 

Protected activities under this policy are defined in Section 5.B. 

Although not every instance of inappropriate behavior may meet the legal definition of 

harassment, such behavior undermines morale and the Department's mission. Accordingly, the 

misconduct prohibited by this policy is broader than the definition of illegal harassment under 

Title VII of the Civil Rights Act to ensure that appropriate officials are notified of, and can 

promptly correct, harassing conduct. Harassment becomes illegal when enduring the offensive 

conduct becomes a condition of continued employment or the conduct is sufficiently severe or 

pervasive as to create a work environment that a reasonable person would consider intimidating, 

hostile, or abusive. All harassing conduct, as defined above, is a violation of this policy. 

Employees are subject to disciplinary action, up to and including removal, for engaging in 

harassing conduct while in the workplace or in any work-related situation, including while on 

official travel. Off-duty misconduct may subject the employee to potential discipline if the 

misconduct is likely to have an adverse effect on the Department (e.g., harassing a co-worker, 

visitor, contractor, or volunteer during off-duty hours). Harassing conduct can occur in person, 

through phone calls or in writing, or through the use of social media, or other forms of 

technology. 

B. Prohibited Retaliatory Conduct. It is a violation of this policy to retaliate against

employees who engage in protected activity under this policy. Protected activity includes

reporting harassing conduct, discrimination or retaliation; filing a claim of harassment; providing

evidence in any investigation; or intervening to protect others who may have suffered harassing

2 
conduct, discrimination or retaliation. A manager may not fire, demote, harass, or otherwise take 

any personnel action against an individual for reporting an allegation of misconduct under this 

policy. 

It is important that supervisors and managers protect employees who report alleged misconduct, 

and do not take any retaliatory personnel action against these individuals in order to deter 

reporting harassing conduct or filing a complaint. A supervisor/manager found to have engaged 

in retaliation is subject to disciplinary action. 

The following examples are a non-exhaustive list of actions that would be prohibited retaliation 

if they were taken because of, or were motivated by, an employee’s protected activity: 

transferring the complainant or witness against his or her will, ignoring or not communicating 

with the complainant or witness, engaging in verbal or physical abuse, or non-selection for an 

employment opportunity. 

Engaging in protected activity under this policy does not shield an employee from all personnel 

actions. Supervisors/managers can take personnel actions, including discipline and removal, if 

they are motivated by non-retaliatory and non-discriminatory reasons that would otherwise 

result in such consequences (e.g., transferring an employee for legitimate business reasons or 

closely monitoring the performance of an employee on a Performance Improvement Plan). 

C. Employee Reporting Expectations. The Department cannot correct harassing conduct if a

supervisor, manager, or other Department official is not aware of it. Any employee who has

been subjected to harassing conduct is encouraged to inform the person(s) responsible for the

conduct that it is unwelcome and offensive, and request that it cease. If the conduct continues, is

severe, or if the employee is uncomfortable addressing the responsible person(s) about the

conduct, the employee is encouraged to report the matter to:

• the supervisor of the employee engaging in the misconduct;

• another supervisor or other management official;

• the servicing Human Resources office; or

• the Office of the Inspector General (OIG).

Employees who know of or witness possible harassing conduct directed at others are expected to 

report the matter to any of the officials or offices listed above. 

Reports made pursuant to this policy do not replace, substitute, or otherwise satisfy the separate 

obligations of an Equal Employment Opportunity (EEO) complaint, negotiated or administrative 

grievance, or other complaint process. Unlike this policy, other complaint procedures typically 

provide for remedial relief to the victims. See Section 9 for more information about how an 

employee may pursue rights under one of these separate processes, in addition to reporting the 

misconduct under this policy. 

Engaging in additional processes and services available to support employees who have 

experienced harassing conduct, such as consulting with a union representative to get advice, 

engaging in alternative dispute resolution procedures, consulting an ombuds/CORE PLUS 

3 
neutral1

, or contacting the employee assistance program, do not constitute a report under this 

policy. See Section 10 for additional information. 

D. Management Duty to Act. Supervisors/managers who observe or are informed of

allegations of harassing conduct must comply with the following requirements:

a) report the conduct/allegations to the appropriate officials, even if the employee raising

the allegation requests confidentiality (see Section 8.A. for additional details);

b) ensure that a prompt, objective, and thorough investigation is conducted; and

c) take steps to ensure that the harassing conduct is appropriately addressed to deter further

misconduct, including taking disciplinary action, if appropriate.

The fact that a potential victim of harassing conduct will or has filed an EEO complaint or 

grievance alleging harassment does not relieve a supervisor/manager of his or her duty to act 

pursuant to this policy. Therefore, it is possible that multiple inquiries into a given complaint 

may proceed in parallel. 

Appropriate corrective action, disciplinary or otherwise, up to and including removal, will be 

taken against any supervisor or other management official who fails to perform her or his 

obligations as set forth in this policy, including any failure to report known violations of this 

policy. 

E. Distinction from EEO and Other Remedial Procedures. This policy and its reporting

procedures are separate and distinct from the EEO process, which focuses on making employees

whole after they have experienced discrimination (including harassment) by issuing remedial

relief, such as compensatory damages. This policy does not replace an employee’s EEO or other

rights. Corrective action taken under this policy does not provide the remedies available in the

EEO process, administrative or negotiated grievance procedures, or any other processes.

Reporting allegations of misconduct under this policy does not satisfy the requirements for filing

an EEO complaint, administrative or negotiated grievance, or other procedure, nor does it delay

the time limits for initiating those procedures. See Section 9 for additional information on

remedial processes. 

6. Responsibilities.

As noted in Section 4, Bureaus may issue implementing procedures to add additional 

responsibilities to each of the below roles and/or identify additional roles within their 

organizational structures in order to implement this policy. 

1 Ombuds and other CORE PLUS neutrals are available to discuss any workplace-related concern, including those 

related to harassing or inappropriate conduct. Ombuds, in particular, work independently from management’s 

chain of command, are impartial, and help with both individual and systemic issues. 

4 
A. Deputy Assistant Secretary for Human Capital & Diversity

The Deputy Assistant Secretary for Human Capital & Diversity, as the Department’s Chief 

Human Capital Officer (CHCO), is responsible for: 

1. Disseminating this policy to all employees on an annual basis and periodically reminding

employees of their responsibilities under this policy.

2. Ensuring that performance plans of all supervisors/managers include a critical element

that would rate their performance on taking appropriate action against employees for

misconduct.

3. Fulfilling the role of Bureau Human Capital Officer, as defined in Section 6.C., for the

Office of the Secretary.

4. Providing periodic reports to the Deputy Secretary of the Interior or his/her designee on

information received from the Bureau Human Capital Officers pursuant to Section 6.C.5

of this policy on allegations of misconduct under this policy and the necessary corrective

action taken, if any.

B. Bureau Directors and Equivalent Office Heads

Bureau/Office Heads are responsible for: 

1. Ensuring that supervisors/managers are appropriately rated on the critical element

described in Section 6.A.2.

2. Ensuring that their organizations are in full compliance with requirements of this policy.

3. Monitoring the work environment following a report alleging a violation of this policy to

ensure that there are no further violations or incidents of retaliation against any individual

who has reported harassment or participated in the investigation.

C. Bureau and Equivalent Office Human Capital Officers (Bureau HCOs)

Bureau HCOs are responsible for: 

1. Developing and providing periodic communications to all Bureau/Office employees on

this policy and any Bureau/Office-specific requirements, and incorporating this policy

into the Bureau/Office’s supervisory training curriculum.

2. Resolving any disagreements involving investigations between management officials and

consulting staff from servicing Human Resources Offices or the Office of the Solicitor

regarding whether and what type of investigation is necessary.

3. Providing oversight, technical assistance, and support to Bureau/Office staff to ensure

compliance with this policy.

4. Ensuring that the procedures in this policy are properly executed by monitoring inquiries

and investigations of reported or otherwise discovered harassing conduct; providing

guidance concerning the information to be gathered and methods to be used during

5 
inquiries and investigations; and otherwise ensuring that the investigations are swift, 

thorough, impartial, and appropriate to the allegation. 

5. Reviewing on a monthly basis the information contained in the system used by servicing

Human Resources Offices to track harassing conduct allegations, as described in Section

8.B., and providing information to the Bureau/Office Director and the CHCO as

requested.

6. Providing the record of actions taken under this policy to any office handling a parallel

statutory or grievance claim, as referenced in Section 7.F.

D. Servicing Human Resources Offices (HROs)

Servicing HROs (normally the Employee Relations function in particular) are responsible for: 

1. Receiving reports alleging violations of this policy and, as described in Section 7 of this

policy, notifying and assisting the relevant management officials in handling allegations

of harassing conduct and taking corrective action, as appropriate and necessary.

2. Tracking all reports made and actions taken pursuant to this policy in line with the

Department’s Office of Human Resources case tracking procedures, and reporting on

them to the Bureau HCO.

E. Office of the Solicitor (SOL)

The Office of the Solicitor is responsible for advising and assisting the relevant management 

officials and servicing HROs in handling allegations of harassing conduct and taking corrective 

action, as appropriate and necessary. Within SOL, the Employment and Labor Law Unit 

(ELLU) is the initial point of contact for issues related to harassing conduct, and is responsible 

for providing Harassment Duty Attorney coverage on weekdays, 8:00 am – 7:00 pm Eastern 

time. 

F. Supervisors and Management Officials

Supervisors and management officials must: 

1. Make every effort to provide a work environment free of illegal harassment.

2. Ensure that their subordinates are aware of this policy and its requirements.

3. Act promptly and effectively to stop harassing conduct of which they are aware, and hold

employees who have engaged in harassing conduct accountable.

4. Receive reports alleging violations of this policy and, as described in Section 7 of this

policy, make or direct further inquiries into such reports and take corrective action, as

appropriate and necessary.

5. Follow any additional procedures, handbooks, or guidelines issued by the Department or

the Bureau/Office as related to this policy.

6 
6. Notify appropriate officials in their chain of command of reported or observed conduct

under this policy and of their efforts to correct the conduct.

7. Appropriately evaluate and hold accountable subordinate supervisors/managers of their

performance under this policy.

8. Protect employees who report misconduct from retaliation.

G. All Employees

All Department employees must: 

1. Refrain from engaging in harassing conduct.

2. Participate in any training required under this policy.

3. Cooperate fully in any inquiry or investigation.

All Department employees are expected to: 

1. Understand their rights and responsibilities under this policy.

2. Report harassing conduct of which they are aware or witness in the work environment, as

described in Section 5.C. of this policy.

All Department employees who are victims of harassing conduct are encouraged to report the 

harassing conduct. 

7. Management Response to Reports of Harassing Conduct.

A. Documenting Report of Harassing Conduct. A supervisor, manager, or HR official who

receives a report of, or otherwise becomes aware of, harassing conduct, must within one

business day:

1. Document the allegation in writing (see Appendix A, Sample Intake Form).

2. Acknowledge receipt of the report to the reporting party.

B. Supervisor/Manager Immediate Actions

1. Determinations to be made

The supervisor/manager who receives a report of, or otherwise becomes aware of,

harassing conduct involving subordinates must promptly contact the servicing HRO. In

consultation with the servicing HRO, the supervisor/manager must determine:

a. What conduct is at issue, whether it arguably could be considered harassing

conduct, and whether it is potentially criminal in nature;

b. Who may be involved; and

7 
--

c. Whether the reported activity poses a security risk and whether it is necessary to

alert law enforcement (e.g., in instances where there is a threat of immediate

physical harm).

If the report is made outside of the regular business hours of the servicing HRO, 

supervisors/managers should take action based on their best judgment to minimize any 

perceived risk of immediate harm and contact the servicing HRO as soon as normal 

business hours resume. 

2. Conflicts of interest of senior-level officials

If an Assistant Secretary, Deputy Assistant Secretary, Bureau or equivalent Office Head,

or similar high ranking official is implicated in the potentially harassing conduct, the

CHCO will designate an appropriate management official to be responsible for making

the preliminary determinations and directing any further investigation that is warranted.

3. Interim measures to ensure harassing conduct does not continue

Before directing a thorough investigation into the allegations of misconduct, a

supervisor/manager must take any necessary interim steps to ensure that the potentially

harassing conduct does not continue. The interim measures taken will depend on the

severity of the conduct alleged. The two interim measures listed below are required in

cases of serious misconduct, including, but not limited to, harassing conduct of a sexual

nature, depending on the circumstances.

Before implementing either of the measures below, the supervisor/manager must consult

with the servicing HRO and the Harassment Duty Attorney of SOL/ELLU for advice and

guidance. If the report is made outside of the regular business hours of the servicing

HRO, supervisors/managers should take action based on their best judgment to minimize

any perceived risk of immediate harm and contact the servicing HRO as soon as normal

business hours resume.

a. Separation of the Allegedly Harassing Employee from the Alleged Victim

If the conduct is severe or pervasive, including, but not limited to, threatening

behavior, touching, punching, or other egregious harassing behavior, the

supervisor/manager should separate the employee alleged with harassing conduct

from the alleged victim, at least until the matter otherwise can be resolved.

Management should not move the employee who reported or otherwise was the

alleged victim of harassing conduct. If the alleged victim, without having been

asked or prompted, specifically requests such a move or transfer, management

should inform the employee that she or he need not leave, and that instead the

employee alleged to be responsible for the harassing conduct may be moved.

Nonetheless, to the extent possible, management should honor the alleged victim’s

request. Appropriate steps to separate the alleged victim from the alleged harasser

include, but are not limited to:

• assigning the alleged harasser to a telework status or a temporary detail;

• moving him or her to another office space, desk or floor; or

8 
• requesting approval to place him or her on administrative or investigative leave.

b. Issuing No Contact Instructions

Another interim measure that a supervisor/manager may take to help ensure that

harassing conduct stops is to instruct the allegedly harassing employee to have no

further contact or communications with the alleged victim.

C. Notifying Appropriate Officials of Report. In implementing this policy, Bureaus may

identify additional roles or change which of the below roles accomplish the notifications required

in this section.

Management officials must notify the following parties within one business day: 

1. Supervisors/managers who become aware of harassing conduct involving their

subordinates must notify their own first-line supervisor or, if the conduct implicates the

first-line supervisor, notify the second-line supervisor.

2. Supervisors/managers who become aware of harassing conduct involving employees

outside of their chain of command must:

a. Notify the allegedly harassing employee’s supervisor; and

b. Notify the alleged victim’s supervisor, or, if the conduct implicates the supervisor

or another manager, the Bureau HCO.

3. When a supervisor/manager has consulted with the servicing HRO regarding a report of

alleged harassing conduct, the HR officer or assigned Employee Relations

supervisor/specialist will:

a. Notify the Harassment Duty Attorney of the SOL/ELLU at SOLAntiharass@sol.doi.gov; and

b. If applicable, notify the servicing HRO of the allegedly harassing employee.

4. When a report of alleged harassing conduct is made directly to the servicing HRO, the

HR officer or assigned Employee Relations supervisor/specialist will:

a. Notify the SOL/ELLU Harassment Duty Attorney at SOLAntiharass@sol.doi.gov; and

b. Notify and assist the next appropriate level of management above the allegedly

harassing employee implicated in the report with immediately making the

determinations described in Section 7.B. and taking any other necessary and

appropriate action.

D. Conducting Further Investigation

1. Deciding whether further investigation is necessary

9 
Within three business days of the receipt of the allegation, the supervisor/manager of the 

allegedly harassing employee, or other designated management official, must consult 

with SOL and the servicing HRO to determine whether and what type of further 

investigation is required (as described in Section 7.D.2), or if the preliminary inquiry is 

sufficient to determine whether corrective action is necessary. These decisions are factspecific, and must be made on a case-by-case basis. Any disagreement between the 

responsible management official and the consulting offices will be directed to the Bureau 

HCO. 

If it is determined that an investigation is necessary, the servicing HRO specialist will 

ensure that the investigative process is initiated within two business days of the decision 

being made regarding the appropriate investigative entity (e.g., refer the case to the OIG, 

initiate the funding process and prepare a statement of work for a third-party 

investigator). The servicing HRO specialist will serve as the primary point of contact for 

logistics related to getting an internal or third-party investigator in place, as well as when 

the allegations have been referred for criminal investigation or to the OIG. 

2. Deciding who will conduct the investigation

If it is determined that further investigation is necessary, the following general guidelines

will apply for choosing the type of investigation:

a. OIG: Allegations of criminal activity, allegations implicating a member of the

Senior Executive Service, or other senior or prominent management official,

senior law enforcement official, or any OIG employee, and allegations tied to

waste, fraud, or abuse of Department funds/programs or violations of Federal

ethics regulations must be referred to OIG, which has the right of first refusal in

conducting the investigation;2

b. Bureau law enforcement internal affairs unit: Allegations involving law

enforcement personnel of a Bureau’s law enforcement entity must be referred to

the entity’s Office of Professional Responsibility or equivalent internal affairs

unit;

c. Third-party investigator3: Allegations of harassing conduct of a sexual nature.

All other allegations under this policy may be handled by a third-party investigator, 

employee relations specialist(s), supervisor/manager, or another employee trained to 

conduct investigations. The supervisor/manager of the allegedly harassing employee, or 

other designated management official, in consultation with the servicing HRO and SOL, 

will make the final decision about the investigation method based on the complexity and 

scope of the allegation(s) and the availability of qualified investigators. 

2 OIG may also undertake any criminal, civil or administrative investigations regarding allegations of any grade 

employee involved in a serious or notorious allegation or incident that may negatively impact the operations and 

efficiency of the Department. 3 A third-party investigator can be a contract investigator, a DOI HR official from outside the servicing HRO, or a 

management official outside the Bureau/Office/Region chain of command. 

10 
---

3. Conducting the investigation

All investigations must be conducted swiftly, impartially, and in a manner appropriate to

the allegation. All investigations handled by a Department supervisor/manager, servicing

HRO, or third-party investigator must be conducted in accordance with the Department’s

Investigator Guide to Conducting Administrative Investigations.

E. Taking Corrective Action. If it is determined that misconduct occurred, corrective action is

necessary.

1. To determine whether corrective action is necessary, the supervisor/manager of the

employee alleged to have engaged in harassing conduct must consult with the servicing

HRO and SOL to determine whether any disciplinary or other corrective action would be

appropriate or if the allegation should be closed with no finding of misconduct.

2. If the decision is made that the allegation should be closed with no finding of misconduct,

the supervisor/manager must write a memorandum detailing why no corrective action

was warranted. This memorandum must be approved by the next higher level manager

and be included in the case file maintained by the servicing HRO.

3. If facts uncovered during the investigation or inquiry demonstrate that misconduct

occurred, the supervisor/manager must propose disciplinary or corrective action. If there

is disagreement between the supervisor/manager and the consulting offices on whether

corrective action is appropriate, the next higher level of management will make the

decision.

4. The appropriate corrective action will depend on the severity and/or pervasiveness of the

offense, the action that would be required to end such conduct, the offender’s

disciplinary/conduct history, and other surrounding circumstances. Corrective action

may include counseling or any disciplinary action applicable to instances of misconduct,

such as reprimand, suspension, demotion, or termination, in accordance with 370 DM

752, Discipline and Adverse Actions. Where evidence indicates that employees are not

sure about what conduct is appropriate and permissible, appropriate training should be

provided.

5. A supervisor/manager’s failure to take appropriate disciplinary and/or corrective action

will generally support a charge of negligent supervision and be an actionable charge.

Appropriate corrective action, disciplinary or otherwise, up to and including removal will

be taken against any supervisor or other management official who fails to perform her/his

obligations as set forth in this policy, including any unreasonable failure to report known

violations of this policy. In addition, managers will appropriately evaluate and hold

accountable subordinate supervisors/managers for their performance under this policy

using the required supervisory critical element.

F. Responding to Reports of Harassing Conduct Raised in a Statutory, Administrative, or

Negotiated Grievance Process

If an employee pursues a claim of harassment through the EEO process, an MSPB appeal, or a 

negotiated/administrative grievance, the Department official who receives notice of such claim 

will promptly notify the appropriate responsible management official. The management official 

11 
has a duty to act promptly upon learning that harassing conduct has been alleged, must treat the 

notice as a report under this policy, and must follow the steps outlined in this section, unless 

inconsistent with applicable regulatory or statutory requirements. It is possible that multiple 

inquiries into a given complaint may proceed in parallel. 

8. Maintaining Confidentiality and Keeping Records. 

A. Maintaining Confidentiality. Supervisors/managers must take action to investigate all 

allegations of harassing conduct, even if the employee raising the allegation requests 

confidentiality. All reports of harassing conduct and related information will be maintained on a 

confidential basis to the greatest extent possible. The identity of the employee alleging 

violations of this policy will be kept confidential, except as necessary to conduct an appropriate 

investigation into the alleged violations, to take appropriate disciplinary or corrective action, to 

comply with the reporting requirements of this policy, or when otherwise required by law. 

Upon inquiry from the alleged victim, the supervisor/manager must notify the alleged victim of 

the harassing conduct about the completion of the process to the extent permitted under the 

Privacy Act. The alleged victim may not be provided the outcome of any disciplinary action 

against the allegedly harassing employee and may not be provided a copy of the fact-finding 

report. The supervisor/manager must consult with servicing HRO specialist and SOL about this 

notification. 

B. Tracking Allegations of Harassing Conduct. The servicing HRO will be responsible for 

tracking the information related to the allegations of harassing conduct in separate case files, in 

accordance with established records management policies. The servicing HRO must monitor 

and record the status of allegations, including final resolution, in the appropriate tracking system 

approved by the Department’s Office of Human Resources. This information will help the 

Department monitor compliance with this policy, understand trends related to harassing conduct, 

and ensure swift resolution of complaints. 

9. Distinction from Statutory and Grievance Claims. 

The purpose of this policy is to stop harassing conduct that has occurred and deter its occurrence 

in the future. However, corrective action under this policy does not provide the remedies 

available in the EEO, grievance, or other processes, such as compensatory damages. Filing a 

report under this policy does not satisfy the requirements for filing an EEO complaint, negotiated 

grievance, or other procedure and obtaining remedies pursuant to them, nor does it delay the time 

limits for initiating those procedures. Thus, an employee who chooses to pursue statutory, 

administrative, or collective bargaining remedies for unlawful harassment must select one of the 

available forums as follows: 

A. For an EEO complaint pursuant to 29 C.F.R. §1614 (available for all claims of illegal 

harassment other than those based on status as a parent, marital status and political affiliation), 

contact an EEO counselor in the Bureau’s or Office’s Equal Employment Opportunity/Civil 

Rights Office within 45 calendar days from the most recent incident of alleged harassment (or 

personnel action, if one is involved), as required in 29 C.F.R. §1614.105(a)(1); or 

12 
B. For a negotiated grievance claim, file a grievance in accordance with the provisions of the

applicable Collective Bargaining Agreement; or

C. For an administrative grievance claim, file a written grievance in accordance with the

provisions of 370 DM 771, Administrative Grievance Procedures; or

D. For an appeal to the Office of Special Counsel (OSC) regarding claims of harassment

related to marital status and political affiliation, pursuant to 5 U.S.C. §2302(b)(1) and (b)(10),

file a written appeal with the OSC as described in 5 C.F.R. §1800.1 and on www.osc.gov; or

E. For an appeal to the MSPB pursuant to 5 C.F.R. § 1201.22, file a written appeal with the

Board within 30 days of the effective date of an appealable adverse action as defined in 5 C.F.R.

§1201.3, or within 30 days of the date of receipt of the agency's decision, whichever is later.

10. Additional Resources.

A. Consultation Options. Employees who have experienced harassing conduct have multiple

resources available that can provide assistance and advice. Engaging with the following

resources does not constitute a report under this policy, as these entities do not have an

obligation to inform management of allegations of harassing conduct:

• Ombuds/CORE PLUS neutrals. Office of Collaborative Action and Dispute

Resolution (CADR) ombuds work independently from management’s chain of command

and are impartial. CORE PLUS neutrals are qualified, certified providers of conflict

management and alternative dispute resolution services. Conversations with ombuds and

other CORE PLUS neutrals are confidential and informal and provide managers and

employees a safe place to explore options for addressing individual or organizational

concerns. Ombuds and CORE PLUS neutrals are not obliged to report discussions

(outside of imminent risk of harm). Information about CADR programs is available at

https://www.doi.gov/pmb/cadr/;

• Employee Assistance Program (EAP). The DOI EAP is an employee benefit program

that helps employees with personal and/or work-related problems that may impact their

job performance, health, and mental and emotional well-being. Information about EAP

services is available at https://www.doi.gov/pmb/hr/eap;

• Victim Assistance Program. The DOI Office of Law Enforcement and Security or

Bureau law enforcement office’s Victim Assistance Program provides general

information about rights and services available for victims of crime; and

• Union Representative. Employees who are covered by a bargaining unit can consult

with a union representative.

B. Additional Information. To learn more about the Department’s anti-harassment resources

and Bureau-specific policies, visit www.doi.gov/employees/anti-harassment.

11. Inquiries.

Any Department employee or employee representative seeking further information concerning 

this policy may contact the appropriate Bureau HCO. Servicing HROs may contact the 

13 
Department's Office of Human Resources, Workforce Relations Division concerning questions 

related to this policy. 

12. Distribution. 

This policy will be distributed to all employees upon issuance, and annually thereafter. It will 

also be distributed to all employees new to the Department as part oftheir orientation materials. 

This policy also will be made available to employees on the Equal Employment and Workplace 

Conduct website accessible at www.doi .gov/employ es/anti-harassment, which also provides 

additional anti-harassment resources. 

Edward T. Keable 

Acting Deputy Assistant Secretary 

Human Capital and Diversity 

Chief Human Capital Officer 

14 
Appendix A: Sample Harassing Conduct Allegation Intake Form 

This sample intake form can be used by any management official to record a report of harassing 

conduct. It can be used as a prompt during a conversation with an employee reporting harassing 

conduct, or as a way to document the conversation after the fact. Gathering as much information 

as possible immediately from the individual reporting the alleged harassing conduct will aid 

management in swiftly determining the best course of action. Bureaus/Offices may wish to 

develop and issue their own versions of this form. 

Management Official Taking the Report 

Name: _________________________ Title: ____________________________________ 

Organization: __________________________________________________________________ 

Date Information Reported: ___________________________ Time: __________________ 

Individual Reporting Harassing Conduct 

Name: _________________________ Title: ____________________________________ 

Organization: __________________________________________________________________ 

Phone: _________________________ Job location: ______________________________ 

Individuals Allegedly Engaging in Harassing Conduct (if known) 

1. Name: _________________________ Title: ____________________________________ 

Organization: __________________________________________________________________ 

Phone: _________________________ Job location: ______________________________ 

15 
2. Name: _________________________ Title: ____________________________________

Organization: __________________________________________________________________ 

Phone: _________________________ Job location: ______________________________ 

3. Name: _________________________ Title: ____________________________________

Organization: __________________________________________________________________ 

Phone: _________________________ Job location: ______________________________ 

Questions to Ask the Individual Reporting the Harassing Conduct 

1. Date(s) of alleged incident(s)/action(s):

2. Please describe specifically the alleged harassing conduct, including the protected status on

which you believe it was based [i.e., race, color, religion, sex (including pregnancy and gender

identity), sexual orientation, national origin, age, disability, family medical history (including

genetic information), status as a parent, marital status, or political affiliation]:

3. Was this an isolated event or a pattern of similar events or behaviors?

16 
4. Was the harassing conduct directed at you or someone else? If someone else, to whom was it

directed?

5. What was your reaction?

6. How did this conduct or behavior affect you? How did it make you feel?

7. Did you speak to the person who engaged in harassing conduct to ask them to cease? If so,

what was their response?

8. Can you identify other individuals with knowledge of the alleged conduct at issue or other

actions/behaviors by the charged individual(s) in the past? (Include observations, what people

heard, and who you told about the events in question.)

17 
9. Are there any documents or physical evidence that may support the claim of alleged

occurrences? If so, please identify them.

10. Do you feel that the alleged harasser(s) is a threat to your safety and well-being or that of

others? If so, how?

11. Have you previously complained about this or related acts of harassing conduct by the same

individual(s) to a supervisor or manager? If so, please identify the individual(s) to whom you

complained, the date(s) of the complaint(s), and the resolution(s), if any.

12. Is there is any other information related to the incident(s)/action(s) or any other information

related to the inquiry that you would like to provide?

18 
 Appendix B
THE SECRETARY OF THE INTERIOR

WASHINGTON

SEP 30 2022

Equal Employment Opportunity Policy 

Statement

The Department of the Interior (Department) has a unique responsibility to be a model for 

diversity, equity, inclusion, and accessibility as we work to tell America’s story and increase 

access to public lands and waters for all Americans. As we move forward, we can be part of 

building a better America in which everyone has access to equal employment opportunity, justice, 

and accountability. Many communities are unfairly judged, and that bias creates barriers to 

equity. I am proud of important steps our Department continues to take to address the systemic 

barriers that hinder the inclusion of historically underrepresented peoples in our workforce and 

impact the effectiveness of our policies. 

I reaffirm my commitment to ensuring that the Department embraces equal employment 

opportunity (EEO), the core of which is the right to work and advance based on merit, ability, 

and potential, free from prejudice, harassing conduct, unlawful discrimination, and reprisal. At 

the Department, all employees have the freedom to compete on a fair and level playing field. This 

statement affirms my commitment to ensuring that Department policies, practices, and 

procedures do not deny opportunities to employees or applicants because of race, color, national 

origin, religion, age, disability, genetic information, or sex, which includes pregnancy, sexual 

orientation, and gender identity. Unlawful harassment isillegal and is unacceptable in Department

workplaces. The Department will not tolerate unlawful workplace discrimination, which includes

unlawful harassment, or reprisal against anyone who engages in EEO protected activity. 

Everyone on our team deserves to feel included, safe, and supported. The Department will ensure 

that EEO is implemented in all of our human capital and employment programs, management 

practices, and employment decisions, including recruitment, hiring, merit promotions, transfers, 

reassignments, training, career development, benefits, and separations. If you believe you have 

been subjected to unlawful discrimination, which includes unlawful harassment or reprisal, please 

contact your Bureau EEO Office or the Department’s Office of Diversity, Inclusion and Civil

Rights for guidance and direction within 45 calendar days of either the event that you believe 

constitutes unlawful discrimination/reprisal in the workplace or your becoming aware of that 

event. 

Your engagement is valuable as we continue our work to ensure that the Department is 

welcoming to everyone and that those who violate this policy are held accountable. To better

understand barriers to equal employment opportunity, each of us must look beyond obvious 

unlawful actions, like discriminatory hiring and firing. We must expand our understanding to 

recognize more subtle barriers to EEO and strive to create and maintain workplaces that are free 

from all forms of harassing conduct, unlawful discrimination, and reprisal. In addition, we must 
foster workplaces that allow all employees to reach their full potential. Therefore, as appropriate, 

and in accordance with applicable law and policy, we must provide reasonable accommodations 

to qualified individuals with disabilities unless doing so would pose an undue hardship on the 

Department.

All Department personnel are responsible for complying with this Policy Statement, upholding 

professional conduct in the workplace, and maintaining an environment that honors integrity, 

dignity, and respect. 

Equity and inclusion can be a part of everything we all do here at the Department and as a team.

Deb Haaland
 Appendix C
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 1 of 29 

Department of the Interior 

Departmental Manual 

Effective Date: 12/22/06 

Series: Personnel Management 

Part 370: Departmental Personnel Program 

Chapter 752: Discipline and Adverse Actions 

Originating Office: Office of Human Resources 

370 DM 752 

1.1 Purpose. This chapter establishes the policy, procedures and authority/responsibility for 

administering employee discipline within the Department of the Interior (Department), and for 

taking appropriate corrective action for disciplinary or certain non-disciplinary reasons, when it 

is determined that such actions will promote the efficiency of the service. Requirements stated in 

this chapter are consistent with law, regulations and other Department policy applicable at the 

time of its issuance. Actions taken through the application of this chapter must comply with the 

requirements of pertinent laws, rules and regulations, as well as the lawful provisions of 

applicable negotiated agreements for employees in exclusive bargaining units. 

1.2 Authority. Chapter 75 of Title 5, United States Code and Part 752 of Title 5, Code of 

Federal Regulations. 

1.3 Coverage. 

A. This chapter applies to all bureaus and offices of the Department. Bureaus/offices

will not issue supplemental disciplinary policy, except where otherwise prescribed in this 

chapter. Employees covered by a collective bargaining agreement may be subject to additional 

procedures which may supersede/supplement those described in this chapter. Bureaus/offices 

may issue supplemental implementing guidance as needed. 

B. The disciplinary/adverse action procedures described in this chapter do not apply to

an Administrative Law Judge (ALJ), whose discipline is governed by separate statutory 

requirements. Additionally, only the adverse action procedures described in 1.7C of this chapter 

are applicable to Department appointees in the Senior Executive Service (SES), although SES 

employees (and ALJs) may be counseled/reprimanded for engaging in misconduct. Management 

must consult with the servicing Human Resources Office for guidance regarding 

employee/action coverage. 

C. Employees

(1) The following employees are covered by the provisions of this chapter:
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 2 of 29 

(a) An employee in the competitive service who has completed a

probationary or trial period, or who is serving in an appointment that requires no probationary or 

trial period and who has completed one year of current continuous employment in the same or 

similar positions under other than a temporary appointment limited to one year or less; 

(b) A preference eligible employee in the excepted service who has

completed one year of current continuous employment in the same or similar positions; 

(c) A non-preference eligible employee in the excepted service who has

completed two years of current continuous employment in the same or similar positions under 

other than a temporary appointment limited to two years or less; 

(d) An employee with competitive status who occupies a Schedule B

position; and 

(e) An employee who was in the competitive service at the time his/her

position was first listed as part of the excepted service and still occupies that position. 

(2) The following employees are excluded from coverage:

(a) An individual appointed by the President;

(b) An employee whose position has been determined to be of a confidential,

policy-determining, policy-making, or policy-advocating character by the President, the agency 

head, or the Office of Personnel Management (such that the position is excepted from the 

competitive service – “Schedule C”); 

(c) A reemployed annuitant;

(d) An employee whose appointment is made with the advice and consent of

the Senate; 

(e) A non-preference eligible employee serving a probationary or trial

period under an initial appointment in the excepted service pending conversion to the 

competitive service; 

(f) Administrative Law Judges;

(g) An employee in the competitive service serving a probationary or trial

period; and 

(h) Individuals who are otherwise excluded by the statutory provisions of

Title 5, United States Code. 

D. Actions
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

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(1) The following actions are covered by this chapter when taken with respect to a

covered employee: 

(a) Written Reprimands;

(b) Suspensions;

(c) Removals;

(d) Reductions in grade;

(e) Reductions in pay; and

(f) Furloughs without pay for 30 days or less.

(2) The following actions are not covered by this chapter:

(a) A reduction-in-force action;

(b) A suspension or removal in the interest of national security;

(c) An action taken against an Administrative Law Judge;

(d) The reduction in grade of a supervisor or manager who fails to

successfully complete a new probationary period as a supervisor or manager, if such reduction is 

to the grade held immediately before becoming a supervisor or manager; 

(e) An action which entitles an employee to grade retention, and an action to

terminate this entitlement; 

(f) A voluntary action initiated by the employee;

(g) Termination of appointment on the expiration date specified as a basic

condition of employment at the time the appointment was made; 

(h) An action which terminates a temporary or term promotion and returns

the employee to the position from which temporarily promoted, or to a different position of 

equivalent grade and pay, if the Department informed the employee that it was to be of limited 

duration; 

(i) Cancellation of a promotion to a position not classified prior to the

promotion; 

(j) Reduction of an employee's rate of pay from a rate which is contrary to a

rate allowed or permitted by law or regulation; 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 4 of 29 

(k) Placement of an employee serving on an intermittent or seasonal basis in

a temporary non-duty, non-pay status in accordance with conditions established at the time of 

appointment; 

(l) An action imposed by the Merit Systems Protection Board;

(m) A reduction in grade or removal based solely on unacceptable

performance and taken under 5 U.S.C. 4303; and 

(n) An action taken or directed by the Office of Personnel Management

based on a suitability determination. 

(o) An action otherwise not covered by the statutory provisions of Title 5,

United States Code, and the regulatory provisions of Title 5, Code of Federal Regulations. 

1.4 Definitions. 

A. Administrative Leave. An excused absence from duty without charge to leave or

loss of pay. 

B. Adverse Action. For purposes of this chapter, a personnel action taken by

management, appealable to the Merit Systems Protection Board (MSPB), to effect an employee’s 

removal, suspension for more than 14 days, furlough without pay for 30 days or less, or 

reduction in grade or pay. 

C. Day. A calendar day (except where otherwise specified).

D. Deciding Official. A Department supervisor or manager who makes a decision on a

proposed adverse action or disciplinary action. 

E. Disciplinary Action. For purposes of this chapter, an action taken by management,

not appealable to the MSPB (i.e., written reprimand; suspension for 14 days or less) to address 

employee misconduct. 

F. Furlough. The placement of an employee in a temporary status without duties and

pay because of lack of work or funds or other non-disciplinary reasons. 

G. Grade. A level of classification under a position classification system.

H. Indefinite Suspension. The placement of an employee in a temporary status without

duties and pay pending investigation, inquiry, or further agency action. The indefinite 

suspension continues for an indeterminate period of time and ends with the occurrence of the 

pending conditions set forth in the notice of action which may include the completion of any 

subsequent administrative action. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

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I. Pay. The rate of basic pay fixed by law or administrative action for the position held

by an employee. 

J. Preponderance of the Evidence. That degree of relevant evidence which a

reasonable person, considering the record as a whole, might accept as sufficient to find that a 

contested fact is more likely to be true than untrue. 

K. Proposing Official. A Department supervisor or manager who proposes an adverse

or disciplinary action. 

L. Removal. The involuntary separation of an employee from employment with the

Department and Federal service, except when effected due to a reduction-in-force or the 

expiration of an appointment. 

M. Suspension. The involuntary placement of an employee in a temporary non-duty,

non-pay status for disciplinary reasons. 

1.5 Responsibilities. 

A. Heads of Bureaus and Offices are Responsible for:

(1) Implementing, supporting and providing oversight for the effective

management of employee conduct and discipline; 

(2) Communicating information to the workforce regarding conduct requirements

and disciplinary parameters; 

(3) Delegating appropriate authority, establishing roles/responsibilities for policy

implementation within the bureau/office, and ensuring that applicable training is provided for 

supervisors to properly exercise their disciplinary responsibilities; 

(4) Ensuring adherence to the policy and procedural requirements of this chapter,

as well as the applicable provisions of established collective bargaining agreements; and 

(5) Providing and implementing bureau/office-wide guidance and instructions

other than those outlined in this chapter, as appropriate. 

B. Director, Office of Human Resources is Responsible for:

(1) Developing and issuing Departmental policy and guidance regarding employee

conduct and discipline; 

(2) Monitoring and evaluating the administration of discipline throughout the

Department, and revising the disciplinary policy and procedures as appropriate; 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 6 of 29 

(3) Providing advice and assistance to bureaus/offices on the provisions of this

chapter (as well as related laws, rules and regulations) and on managing employee conduct and 

discipline; 

(4) Establishing and implementing reporting requirements for actions taken under

this chapter, as well as complying with reporting requirements established by OPM; and 

(5) Establishing overall parameters for Department-wide conduct/discipline

training and coordinating the availability of related training opportunities. 

C. Servicing Human Resources Offices (HRO) are Responsible for:

(1) Advising supervisors on employee conduct issues and disciplinary options

(including procedural/regulatory parameters); 

(2) Drafting or reviewing all disciplinary notices prior to issuance and applicable

case files, to ensure reasonableness of penalty and statutory/regulatory compliance; 

(3) Advising employees and supervisors of their procedural rights and

responsibilities relative to this chapter (and applicable laws, regulations and negotiated 

agreements); 

(4) Consulting for legal sufficiency with the Office of the Solicitor on adverse

action proposals and decisions, and providing technical assistance to the Office of the Solicitor 

on actions taken under this chapter; 

(5) Maintaining disciplinary and adverse action files and an information system

for tracking and periodically reporting the actions effected; and 

(6) Providing operational training support to ensure the workforce is sufficiently

aware of the provisions of this chapter. 

D. Office of the Solicitor is Responsible for:

(1) Providing reviews for legal sufficiency and overall appropriateness of adverse

actions being considered, proposed, or taken under this chapter; 

(2) Representing the Department during settlement negotiations, MSPB appeals,

arbitrations and other activities related to the administrative and federal personnel litigation 

process; in accordance with established Departmental policy, coordinating settlements of actions 

taken under this chapter which impose a financial obligation on the Department; and 

(3) Reviewing and providing input on conduct/discipline training and related

instructional guidance for Department supervisors and employees. 

E. Supervisors are Responsible for:
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 7 of 29 

(1) Establishing and maintaining a safe, productive, supportive and well-ordered

work environment; 

(2) Providing a work environment free of illegal discrimination;

(3) Advising employees regarding assigned duties and conduct expectations and

observing employee performance and conduct to ensure compliance with the standards of ethical 

conduct and other established work requirements; 

(4) Promptly investigating and documenting circumstances related to incidents of

employee misconduct; 

(5) Consulting with the servicing HRO regarding employee misconduct and

initiating appropriate, timely and relatively consistent corrective action as warranted; and 

(6) Recognizing and complying with the requirements of this chapter and the

applicable provisions of established collective bargaining agreements. 

F. Employees are Responsible for:

(1) Having a familiarity with Federal and Departmental standards of ethical

conduct, complying with all established conduct and performance requirements, and requesting 

clarification if necessary; 

(2) Reporting incidents of waste, fraud, abuse, corruption and other misconduct to

appropriate authorities; and 

(3) Cooperating in official investigations and furnishing testimony.

1.6 Policy. 

A. General. Employees of the Department are expected to demonstrate high standards

of integrity, both on and off the job, abiding by the Department’s conduct regulations (43 CFR 

Part 20) and other Federal and Departmental laws, rules and regulations. When established 

standards of conduct are violated, or the rules of the workplace are disregarded, corrective action 

is warranted to motivate employees to conform to acceptable behavioral standards and prevent 

prohibited and/or unsafe activities. Such corrective actions, when taken under this chapter, 

should comport with applicable laws and regulations, should be administered with relative 

consistency and should be taken for such cause as will promote the efficiency of the service. 

B. Standard for Taking Action. Management must be able to show that the actions

taken under this chapter promote the efficiency of the service. To demonstrate this, the written 

notices of proposal and decision must clearly specify the charge(s) or reason(s) upon which the 

action is based, be able to prove the specific basis for its action by a preponderance of the 

evidence, be able to show the connection (“nexus”) between the charge(s) and promotion of the 

efficiency of the service, and be able to establish the reasonableness of the action taken under the 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

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circumstances. In taking a corrective action against an appointee in the SES, management’s 

options are limited to a written reprimand or an adverse action covered by this chapter (i.e., 

suspension for more than 14 days; removal from the Federal service); management may take an 

adverse action against an SES employee only for misconduct, neglect of duty, malfeasance, or 

failure to accept a directed reassignment or to accompany a position in a transfer of function. 

C. Use and Choice of Discipline. Discipline should be imposed to correct improper

employee conduct and to maintain order, morale and workplace safety throughout the workforce. 

After determining that misconduct occurred and that corrective action is warranted, discipline 

should be initiated as soon as practicable after the misconduct which prompted it and effected on 

a progressive and equitable basis as much as possible. Progressive discipline provides that in 

dealing with an instance of employee misconduct, the responsible management official (often the 

first-level supervisor) should select the minimum disciplinary/adverse action most likely to 

correct the specific behavioral problem, with penalties selected at an escalating level for 

subsequent (but not necessarily identical) offenses, when appropriate. Management officials 

must exercise reasonable judgment and consider all relevant factors, both mitigating and 

aggravating (as reflected in the guidance found at Appendix A), in determining the most 

appropriate corrective action for each situation. As a guide for considering disciplinary options, 

the Department’s Table of Offenses and Penalties is included as Appendix B to this chapter. 

This Table does not mandate the use of specific penalties in most disciplinary situations. 

Supervisors/managers retain full authority, except in limited circumstances (i.e., discipline 

prescribed by statute or the MSPB), to set penalties as they deem appropriate, based on the 

particular circumstances and specifications of the offense. Consultation and close coordination 

with the servicing HRO should ensure that a particular penalty is proportional to the offense and 

employees who commit similar offenses are treated with relative consistency. 

D. Delegations of Authority. Each bureau will determine the level of supervisory

authority required for taking actions covered by this chapter. For actions that require the 

issuance of a proposal and a decision (e.g., suspensions; removals; reductions in grade/pay), 

ordinarily the same supervisory/management official should not serve as both the proposing and 

deciding official on the action. Generally, the decision on a proposed action should be made by 

a management official at a higher organizational level than the proposing official; if there is no 

higher-level official within the Bureau/Office or if it is not feasible to use the higher-level 

official, another management official within the Department may be delegated the decisionmaking authority (in such exceptional situations, determinations regarding the delegation of 

decision-making authority must be approved by the Bureau/Office head, with the concurrence of 

the Director, OHR). Bureau officials, managers and supervisors who are delegated authority for 

implementing the provisions of this chapter and managing the workforce are accountable for 

complying with and properly administering all controlling laws, rules, policies, regulations and 

negotiated agreements pertaining to employee conduct and discipline. 

1.7 Procedures. 

A. General. Taking a corrective action against an employee is appropriate only when

the employee has engaged in identifiable misconduct adversely affecting the efficiency of the 

service. Before initiating such action, management should conduct a thorough inquiry into any 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

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apparent offense (collecting information to the greatest extent practicable directly from the 

subject employee) to ensure the objective consideration of all relevant facts and aspects of the 

situation. Ordinarily, this inquiry will be conducted by the appropriate line supervisor, with 

guidance from the servicing HRO. However, certain situations (particularly those involving 

possible criminal activity) warrant an investigation by the Office of Inspector General and/or 

internal Bureau law enforcement/criminal investigation offices. Once it is established that an 

employee engaged in misconduct necessitating corrective action, a supervisor or other 

management official (using the guidance at Appendices A and B, and in consultation with the 

servicing HRO) must determine the action/penalty required to deter the recurrence of the 

unacceptable behavior. 

Minor misconduct may be corrected if the supervisor informally counsels the employee about the 

problem promptly after the first instance. The supervisor also may rely on notices of 

warning/admonishment to convince the employee to change the undesirable behavior. These 

actions are less severe than the disciplinary and adverse actions described below, are less subject 

to review by third parties, and do not become part of the employee’s permanent official 

employment record. Notices of warning/admonishment document the employee’s misconduct, 

place the employee on notice regarding the behavior expected by management, and advise the 

employee that more serious corrective action (e.g., reprimand; suspension; removal) will result if 

the unacceptable behavior is not corrected. The use of such corrective actions does not constitute 

a “prior penalty” for disciplinary purposes, as alluded to in Appendix B, to enhance the severity 

of penalty for a subsequent offense; however, such corrective actions may be viewed as “prior 

notice” (in consideration of factor 9, Appendix A). 

B. Disciplinary Action.

(1) Written Reprimand

(a) This is a written notice issued to an employee by an authorized

management official (usually the immediate or higher-level supervisor) when the employee’s 

conduct warrants a corrective action more serious than a counseling or warning but without 

involving a loss of pay. Unlike a notice of counseling, warning or admonishment, a written 

reprimand is a formal penalty for disciplinary purposes (under Appendix B). 

(b) The servicing HRO will assist management in the preparation and

issuance of the reprimand, which should specify: the reason(s) prompting the action; the period 

of time a copy of the reprimand will be maintained in the employee’s Official Personnel Folder 

(OPF); for progressive disciplinary purposes, the possibility of taking more serious action for any 

subsequent offenses(s); and, the employee’s right to file a grievance in accordance with the 

applicable administrative/negotiated grievance procedures. 

(c) A copy of the reprimand will be filed on the temporary side of the

employee’s OPF for a period not-to-exceed two years or where applicable, the time specified by 

an established negotiated agreement; the time period will be appropriately recorded and tracked 

by the servicing HRO. The employee’s supervisor may elect to withdraw the reprimand from the 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

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OPF earlier than the period specified, in which case the supervisor will inform the employee, 

after consulting with the servicing HRO. 

(2) Suspension (14 days or less)

(a) A disciplinary suspension is a management directed absence from work

for an employee (excluding all SES appointees), with forfeiture of pay for the time specified. 

Since suspensions result in a loss of productivity and represent a financial loss to employees, 

they should be imposed only after lesser corrective actions have proven ineffective in improving 

employee behavior or when an employee has engaged in serious misconduct. 

(b) An employee against whom a suspension of 14 days or less is initiated is

entitled to receive a written proposal stating the specific reason(s) for the proposed action 

(including aggravating/mitigating factors referenced in Appendix A) in sufficient detail to enable 

the employee to answer the charge(s). The notice of proposed suspension (issued by the 

immediate supervisor or other management official, with the advice and assistance of the 

servicing HRO), shall state the proposed length of the suspension, as well as the employee’s 

entitlement to: review the material relied upon by management in proposing the suspension 

(upon request); 7 days to answer orally and/or in writing the proposal (and furnish affidavits and 

other documentary evidence) before a decision is made; representation by an attorney or other 

representative; and a written decision (explaining the specific reasons for that decision) at the 

earliest practicable date. The notice also shall identify the name of the deciding official 

(generally, a higher-level manager) and, if different, the name of the official designated to 

receive the oral and/or written answer (if such an official is designated, that individual may 

provide a recommendation to the deciding official regarding the disposition of the proposed 

action). After issuing the notice of proposed suspension, management can amend the proposal 

notice (or cancel and reissue it at a later date) to allow for the consideration of any additional 

misconduct which becomes known to management prior to the issuance of a decision. 

(c) The employee’s representative must be designated, in writing, to the

deciding official prior to any oral and/or written answer. Employees serving in a legal capacity 

within the Department (e.g., attorneys with the Office of the Solicitor and Office of Hearings and 

Appeals) may not represent another Department employee with regard to actions taken under this 

chapter. Additionally, Department management may disallow, as an employee’s representative, 

an individual whose activities as a representative could cause a conflict of interest or of position, 

or an employee of the Department whose release from his/her official position would result in 

unreasonable costs or whose priority work assignments preclude his/her release for 

representational duties. 

(d) The employee’s answer(s) to the proposed suspension should be

provided to the deciding official (or designee) within 7 days following the date the employee 

receives the proposal notice. The employee is entitled to a reasonable amount of official time 

(normally a matter of hours, not days) to prepare and present an oral and/or written answer. If 

the employee wishes additional time to answer, the employee (or designated representative) must 

submit an extension request, in writing, to the deciding official (or designee) before the 

expiration of the answer period, stating the reason for the request and the amount of additional 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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time needed. The deciding official shall respond to the employee, in writing, either granting or 

denying (fully or partially) the time extension request. 

(e) The right to answer orally does not include the right to a formal hearing

and the appearance of witnesses will not be permitted. Although oral replies are generally 

conducted in a face-to-face meeting, when this is impractical, audio or video conferencing may 

be used. When practicable, a representative from the servicing HRO should be present during 

the presentation of the oral answer, to assist and provide procedural guidance to the deciding 

official (or designee) and employee (or representative). If the employee makes an oral answer, 

the deciding official (or designee), shall prepare a written summary for the record (no verbatim 

transcript of the oral answer is required). A draft of the summary should be provided to the 

employee (or representative) for the opportunity to comment before it is made part of the record. 

The final summary of the oral answer and any comment made by the employee (or 

representative) regarding the summary shall become part of the official disciplinary case file 

maintained by the servicing HRO. 

(f) The deciding official will obtain (from the servicing HRO) and review a

copy of the entire case file, which should contain all the evidence relied upon by the proposing 

official (including the proposal notice and all supporting documents), before making a decision 

on the proposed suspension. Upon request, the employee also may review this file, which should 

contain only the material relied upon to support the action; information that cannot be disclosed 

to the employee shall not be used as a basis for taking any action. 

(g) The deciding official shall issue a written decision at the earliest

practicable date after receipt of the employee's answer(s), or following expiration of the answer 

period. The notice of decision must be delivered to the employee (or representative) at or before 

the time any action is to be effected (or in accordance with applicable provisions of any 

negotiated agreement). The servicing HRO will assist the deciding official in making the 

appropriate decision and preparing and issuing the decision notice. In arriving at a decision, the 

deciding official should consider only the information, evidence and communication available to 

the employee for comment or answer throughout the disciplinary process, as well as the 

employee’s answer(s), and use only the reasons which were included in the proposal notice to 

support the decision. The deciding official may seek additional information to corroborate/refute 

any information previously obtained during the process; if considered, the deciding official 

should make such additional information available to the employee for comment prior to making 

a decision. 

(h) The notice of decision should indicate: the specific action decided upon

(and applicable effective dates); the charge(s) and specification(s) in the proposal notice which 

were/were not sustained; the consideration given to the employee's answer(s), if any, and to any 

mitigating and aggravating factors; for progressive disciplinary purposes, the possibility of 

taking more serious action for any subsequent offenses(s); and, the employee’s right to file a 

grievance in accordance with the applicable administrative/negotiated grievance procedures. 

C. Adverse Action.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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(1) Most adverse actions taken under this chapter (i.e., removal for cause;

suspension for indefinite period/more than 14 days; reduction in grade or pay) are based on 

instances of egregious and/or repeated employee misconduct (exceptions include furlough for 30 

days or less and removal for medical inability to perform the duties of the position). Employees 

are entitled to receive advance written notice of at least 30 days before an action covered by this 

chapter may be effected, except for the following situations: 

(a) Emergency furlough. The requirements for both an advance written

notice and an employee opportunity to answer are waived for furloughs due to unforeseeable 

circumstances, such as sudden breakdowns in equipment, a lapse of appropriations, acts of God, 

or sudden emergencies requiring immediate curtailment of activities. Circumstances must be 

truly unforeseen, and of such a nature that they do not reasonably allow for time to prepare a 

proposal to take action or to receive an employee’s answer. 

(b) Crime provision. Management may shorten the advance notice period

when there is reasonable cause to believe an employee has committed a crime (either on or off 

the job) for which a sentence of imprisonment may be imposed. The shortened notice period 

must still be at least 7 days. When circumstances require that the employee be kept away from 

the worksite during this shortened notice period, management may place the employee in an 

administrative leave status for such time as is necessary to decide and effect the adverse action. 

Generally, evidence that meets the requirements for a shortened notice period also will support 

an adverse action to indefinitely suspend an employee pending resolution of the criminal charges 

or completion of a subsequent administrative action. An employee who has been arrested with 

or without a warrant and held for further legal action by a magistrate court or indicted by a grand 

jury for a serious crime should be indefinitely suspended without pay pending the outcome of the 

judicial process. The consideration of any adverse action prompted by an employee’s alleged 

criminal conduct must be closely coordinated with the Office of the Solicitor. 

(2) An employee against whom an adverse action is initiated is entitled to receive

a written proposal (normally with 30-days advance notice), stating the specific action proposed 

and the reason(s) for the proposed action (including any aggravating and/or mitigating factors 

referenced in Appendix A) in sufficient detail to enable the employee to answer the charge(s). 

The notice of proposed adverse action (issued by the immediate supervisor or other management 

official, with the advice and assistance of the servicing HRO, and after a legal sufficiency review 

by the Office of the Solicitor), additionally shall reference that the employee may: review the 

material relied upon by management in proposing the suspension; have 14 days (and a 

reasonable amount of official time) to answer orally and/or in writing the proposal (and furnish 

affidavits and other documentary evidence) for consideration before a decision is made; be 

represented by an attorney or other representative; and receive a written decision (explaining the 

specific reasons for that decision) at the earliest practicable date. The notice also shall identify 

the name of the deciding official (generally, a higher-level manager) and, if different, the name 

of the official designated to receive the oral and/or written answer (if such an official is 

designated, that individual may provide a recommendation to the deciding official regarding the 

disposition of the proposed action). After issuing the notice of proposed adverse action, 

management can amend the proposal notice (or cancel and reissue it at a later date) to allow for 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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the consideration of any additional misconduct which becomes known to management prior to 

the issuance of a decision. 

(a) When some but not all employees in a given competitive level are being 

furloughed, the notice of proposal shall state the basis for selecting a particular employee for 

furlough, as well as the reasons for the furlough. 

(b) Ordinarily, the employee shall remain in an active duty status during the 

advance notice period, and the proposal notice should so state. However, in rare instances, the 

proposing official may determine that the employee’s presence at the workplace may be 

injurious to the employee or to others, may result in loss of or damage to Government property, 

or may otherwise jeopardize legitimate Government interests. In such cases, management (in 

consultation with the servicing HRO and the Office of the Solicitor) may assign the employee to 

other duties, allow the employee to take leave (or place the employee in an appropriate leave 

status if the employee is absent from the workplace), curtail the notice period (using the crime 

provision), or place the employee in an administrative leave status for such time as is necessary 

to make a decision and effect an action. The placement of an employee on administrative leave 

does not constitute an adverse action, but should only be done in the most exceptional situations 

(i.e., cases involving proposed removals or indefinite suspensions), when all other options are 

considered imprudent. Only bureau/office heads, their deputies, or the Director, OHR, may 

authorize the placement of an employee on administrative leave for an extended period of time 

(i.e., beyond 45 days); this authority may not be re-delegated. Bureau/Office heads (or their 

deputies) must coordinate decisions regarding the placement/continuation of an employee in an 

administrative leave status for more than 45 days with the Director, OHR, who will review such 

decisions for the Department and may rescind them if considered inappropriate. 

(c) Management must make a reasonable and diligent effort to ensure that 

the employee receives the notice of proposed adverse action in a timely basis. Personal delivery 

of the advance notice to the employee, allowing for the employee’s signed acknowledgment of 

receipt, is the most desirable method of delivery. If the notice cannot be personally delivered to 

the employee, the servicing HRO will determine the appropriate alternative delivery method. 

(3) The employee’s representative must be designated, in writing, to the deciding 

official prior to any oral and/or written answer. Employees serving in a legal capacity within the 

Department (e.g., attorneys with the Office of the Solicitor and Office of Hearings and Appeals) 

may not represent another Department employee with regard to actions taken under this chapter. 

Additionally, Department management may disallow, as an employee’s representative, an 

individual whose activities as a representative could cause a conflict of interest or of position, or 

an employee of the Department whose release from his/her official position would result in 

unreasonable costs or whose priority work assignments preclude his/her release. 

(4) The employee’s answer(s) to the proposed adverse action should be provided 

to the deciding official (or designee) within 14 days following the date the employee receives the 

proposal notice. An employee in an active duty status is entitled to a reasonable amount of 

official time (normally a matter of hours, not days) to review the material relied on to support the 

proposed action and to prepare and present an oral and/or written answer; the employee must 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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request and obtain supervisory approval for the use of official time, in advance. If the employee 

wishes additional time to answer, the employee (or designated representative) must submit an 

extension request, in writing, to the deciding official (or designee) before the expiration of the 

answer period, stating the reason for the request and the amount of additional time needed. The 

deciding official shall respond to the employee, in writing, either granting or denying (fully or 

partially) the time extension request. 

(5) The right to answer orally does not include the right to a formal hearing and 

the appearance of witnesses will not be permitted. Although oral replies are generally conducted 

in a face-to-face meeting, when this is impractical, audio or video conferencing may be used. 

When practicable, a representative from the servicing HRO should be present during the 

presentation of the oral answer, to assist and provide procedural guidance to the deciding official 

(or designee) and employee (or representative). If the employee makes an oral answer, the 

deciding official (or designee), shall prepare a written summary for the record (no verbatim 

transcript of the oral answer meeting is required). A draft of the summary should be provided to 

the employee (or representative) for the opportunity to comment before it is made part of the 

record. The final summary of the oral answer and any comment made by the employee (or 

representative) regarding the summary shall become part of the official adverse action case file 

maintained by the servicing HRO. 

(6) The deciding official will obtain (from the servicing HRO) and review a copy 

of the entire case file, which should contain all the evidence relied upon by the proposing official 

(including the proposal notice and all supporting documents) before making a decision on the 

proposed adverse action. Upon request, the employee also may review this file, which should 

contain only the material relied upon to support the action; information that cannot be disclosed 

to the employee shall not be used as a basis for taking any action. 

(7) The deciding official shall issue a written decision at the earliest practicable 

date after receipt of the employee's answer(s), or following expiration of the 14-day answer 

period. The notice of decision must be delivered to the employee (or representative) at or before 

the time any action is to be effected (or in accordance with applicable provisions of any 

negotiated agreement). The servicing HRO will assist the deciding official in making the 

appropriate decision and preparing and issuing the decision notice. In arriving at a decision, the 

deciding official should consider only the information, evidence and communication available to 

the employee for comment or answer throughout the adverse action process, as well as the 

employee’s answer(s), and use only the reasons which were included in the proposal notice to 

support the decision. The deciding official may seek additional information to corroborate/refute 

any information previously obtained during the process. 

(8) The notice of decision should indicate: the specific action decided upon (and 

applicable effective dates); the charge(s) and specification(s) in the proposal notice which 

were/were not sustained; the consideration given to the employee's answer(s), if any, and to any 

mitigating and aggravating factors; for progressive disciplinary purposes, the possibility of 

taking more serious action for any subsequent offenses(s); and, the employee’s right to either file 

an appeal to MSPB (include a copy of the Board’s appeal form/regulations and the address of the 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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appropriate Board office) or file a grievance in accordance with any applicable negotiated 

agreement. 

1.8 Records. The servicing HRO shall maintain confidential disciplinary/adverse action case 

files; each file shall contain copies of the notice of proposed action, any written answer, a 

summary of any oral answer, the notice of decision (including the reasons for it), any order 

effecting the action, and any supporting material (e.g., witness statements; affidavits; documents; 

investigative reports). Disciplinary/adverse action files must be provided to various parties (e.g., 

the MSPB; the affected employee and/or designated representative; a grievance examiner), but 

need only be furnished in response to a specific request. 

APPENDIX A 

PENALTY DETERMINATION 

After establishing a sufficient basis for taking action (i.e., a preponderance of the evidence to 

support the charge(s); a nexus between the offense(s) and the employee’s job or the agency’s 

mission), the supervisor/manager, in consultation with the servicing HRO, must determine the 

appropriate penalty for the employee's misconduct. At this point, whether proposing or deciding 

an action, it is prudent to consider all remedies (disciplinary or non-disciplinary; formal or 

informal) that may effectively resolve the identified problem. 

In selecting an appropriate penalty for a specific offense, responsible judgment must be exercised 

so that an employee will not be penalized out of proportion to the offense. Management should 

take into account all of the specific circumstances of the case and should ensure, to the extent 

possible, that employees who commit similar offenses are treated consistently. However, while 

equitable and uniform treatment of employees who commit similar offenses (under “like” 

circumstances) is preferable when possible, mechanistic consistency is not recommended or 

required. In Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981), the MSPB identified a 

number of factors -- generally referred to as the "Douglas Factors" -- which it specified were not 

exhaustive, but were generally recognized as relevant in determining the appropriateness of a 

penalty. A reasonable and conscientious application of these factors (listed below, with guidance 

based on MSPB case-law) could result in employees receiving different penalties, even though 

they may have committed similar offenses. 

(1) Nature and Seriousness of Offense – the nature and seriousness of the offense, and its

relation to the employee's duties, position, and responsibilities, including whether the offense 

was intentional or technical or inadvertent, or was committed maliciously or for gain, or was 

frequently repeated. 

• Mitigating factors and the employee's potential for rehabilitation must be balanced

against the seriousness of the offense and its effect on the duties of the position and the

mission of the organization.

• Serious misconduct can outweigh an employee's length of service and overall good work

record.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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• If the misconduct is serious enough, removal might be an appropriate penalty for a first

offense, and on appeal, a third party might overlook a questionable application of other

Douglas factors (e.g. failure to properly notify the employee of consideration of past

record; disparate penalties).

(2) Employee's Job – the employee's job level and type of employment, including

supervisory or fiduciary role, contacts with the public, and prominence of the position. 

• Persons in positions of trust can be held to higher standards; positions of trust include

jobs with fiduciary, law enforcement and public safety or health responsibilities.

• Loss of confidence in an employee's ability to function as a supervisor supports removal

from a supervisory position.

• If an employee has performed well in non-supervisory jobs, but fails as a supervisor,

demotion is often viewed as more appropriate than removal from federal service.

(3) Disciplinary Record – the employee's past disciplinary record.

• The MSPB may review independently prior disciplinary actions pending in grievance

proceedings when reviewing termination and other serious disciplinary actions.

• An employee's record of past discipline is used to enhance the penalty; it may not be used

as proof of the current misconduct.

• Any past offense may form the basis for proposing a penalty from the next higher range

of penalties for a subsequent offense; the offenses need not be identical or similar.

• Prior disciplinary actions may be cited even if they involved offenses unrelated to the

current charges, although past discipline that occurred years before the current action and

that involved unrelated offenses likely will be discounted on appeal.

• Management may not cite disciplinary actions that have expired in accordance with

agency regulations or a collective bargaining agreement.

• An employee may not challenge the merits of prior disciplinary actions if the employee

was informed of the actions in writing, the actions are a matter of record, and the

employee had an opportunity to dispute the actions before a higher authority (if such

actions were reviewed by a higher authority, they must have been upheld).

• Management's intent to consider the past disciplinary record must be stated in the

proposal notice.

(4) Work Record – the employee's past work record, including length of service,

performance on the job, ability to get along with fellow workers, and dependability. 

• When the offense involves supervisory misconduct, the length of service as a supervisor

is more important than total service with the agency.

• When official records concerning an employee's performance (e.g. written performance

appraisals) are contradicted by a manager's statements in the notice of decision or in

testimony, the official records will be judged more reliable.

• Disciplinary actions or additional misconduct occurring after the issuance of the adverse

action proposal may not be cited as a past disciplinary record, but may be used to show

an overall poor work record.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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• Positive actions by management after learning of an employee's misconduct (e.g.

promoting the employee; allowing the employee to perform his/her duties for an extended

period of time) may indicate that the employee’s overall work record outweighs or

diminishes the seriousness of the offense.

(5) Effect on Future Performance – the effect of the offense upon the employee's ability

to perform at a satisfactory level and its effect upon the supervisor's confidence in the employee's 

ability to perform assigned duties. 

• Loss of trust in the employee's ability to perform assigned duties in the future may be

used to enhance the penalty.

• Offenses directly related to an employee's duties (e.g., falsification of the same

documents the employee has responsibility to review) raise legitimate concerns about

his/her ability to continue to perform those duties.

• Offenses inconsistent with an employee's supervisory responsibilities call into question

his ability to function as a supervisor in the future.

(6) Consistency with Other Penalties – consistency of the penalty with those imposed

upon other employees for the same or similar offenses. 

• Management may not knowingly treat similarly situated employees differently when

setting disciplinary penalties; to be similarly situated, the comparison employees must

work in the same unit for the same supervisor. When an employee identifies a difference

in penalties for the same offense, management may need to present evidence supporting

the difference.

• There is no requirement for management to be absolutely consistent in its penalty

determinations. The prior disciplinary and work records of the comparison employees

may justify a difference, and the underlying facts in each case might warrant different

penalties.

• When management has an established policy or practice to impose a particular penalty

for an offense, it cannot begin to use a harsher penalty without giving prior notice to

employees.

(7) Consistency with Table of Penalties – consistency of the penalty with any applicable

agency table of penalties. 

• Management's departure from the agency table of penalties may be permissible; it should

not apply the table of penalties so rigidly as to ignore other Douglas factors.

• Management may take a more severe action than suggested in the table of penalties for a

first offense if the employee has a record of prior, unrelated offenses.

(8) Notoriety and Impact – the notoriety of the offense or its impact upon the reputation

of the Agency. 

• Publicity or even the possibility of publicity that could have a negative impact on the

reputation of the agency is a factor that may be considered to enhance a penalty.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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(9) Clarity of Notice – the clarity with which the employee was on notice of any rules

that were violated in committing the offense, or had been warned about the conduct in question. 

• While lack of notice of the rules to be followed can be a mitigating factor, management is

under no obligation to warn employees about behavior the employees should know is

improper.

• Supervisors' ignoring or condoning certain behavior can indicate lack of notice.

• Training on agency policies constitutes notice of expected behavior.

• Prior misconduct for which the employee was counseled, even though the employee was

not formally disciplined (or was formally reprimanded, but the reprimand is no longer in

effect), can be cited to show an employee was on notice of the rules to be followed.

(10) Potential for Rehabilitation – potential for the employee's rehabilitation.

• An employee who admits misconduct and shows remorse displays potential for

rehabilitation, while an employee who rationalizes his/her wrongdoing, fails to take

responsibility or doesn't show an understanding of why his/her behavior was wrong is not

a good candidate for rehabilitation.

• Lying during an investigation may be viewed as a lack of potential for rehabilitation.

• An employee who ceases misconduct after being warned may show potential for

rehabilitation; however, an employee who shows improvement after receiving a notice of

proposed adverse action is not particularly convincing.

• Attending meetings with an EAP counselor to discuss personal problems may indicate

potential for rehabilitation.

(11) Mitigating Circumstances – mitigating circumstances surrounding the offense, such

as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, 

malice or provocation on the part of others involved in the matter. 

• Emotional problems and stress may be mitigating factors, but there must be some

evidence showing the problems contributed to the misconduct.

• Stress generally should not be viewed as a mitigating factor when the misconduct

involves illegal drug use.

• Job tension, although not a medical problem, can be a mitigating factor.

• Bad faith on the part of agency management (e.g., evidence that management set out to

"get rid of" the employee) can be a factor used to reduce the penalty.

• Evidence that the deciding official was predisposed against the employee is viewed as a

mitigating factor by a third party.

(12) Availability of Alternative Sanctions – the adequacy and effectiveness of alternative

sanctions to deter such conduct in the future by the employee or others. 

• Prior warnings and reprimands indicate that a penalty less than removal will not deter the

employee from similar misconduct in the future.

• A penalty designed primarily for its value as an example or warning to other employees

likely will not be upheld upon review, as third parties generally do not accept this as a
 

 

 

 

 

 

 

 

 

 

 

 

 

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valid basis for penalty selection. A penalty can be used to deter future misconduct by 

other employees, but this objective does not warrant overlooking other relevant Douglas 

factors. 

• Management does not have to prove that the penalty was the least sanction necessary to

promote the efficiency of the service or that it considered alternative penalties. However,

such a showing provides essential evidence that the deciding official considered the

relevant Douglas factors and that the penalty is reasonable.

Not all of these factors will be pertinent in every case. Frequently, some of the pertinent factors 

will weigh in the employee’s favor while others may not (or even constitute aggravating factors). 

Selection of an appropriate penalty must involve a responsible balancing of the relevant factors 

in the specific case, and in reviewing penalty selection, a third party will determine whether 

management considered all the relevant factors and exercised its discretion within tolerable 

limits of reasonableness. 

Management need not demonstrate that it considered all potential mitigating or aggravating 

factors before selecting a penalty, nor is it required to specifically show how each Douglas factor 

applies to each case. Even though there is no absolute requirement to do so, it is advisable for 

management to specifically state in proposal/decision notices what factors it considered in setting 

the penalty, to avoid concerns that relevant issues were not addressed. Therefore, both proposing 

and deciding officials should address the Douglas factors, as well as any mitigating factors, in 

terms of their particular relevance to penalty selection. 

As a general rule, aggravating factors used by management in its penalty determination (e.g., an 

employee's poor work record), should be included in the proposal notice so that the employee 

has a chance to respond to them in the oral and/or written replies. In the notice of decision, the 

deciding official should reference his/her consideration of the proposing official’s Douglas factor 

analysis and the employee’s related response(s), before explaining his/her judgment regarding 

how the relevant factors serve to support or mitigate the proposed penalty. 

APPENDIX B 

TABLE OF OFFENSES AND PENALTIES 

This Table provides a list of common infractions, along with a suggested range of penalties for 

each; it does not presume to cover all possible offenses, nor does it mandate the use of specific 

penalties in most disciplinary situations. The range of penalties described in the Table is 

intended to serve as a guide to discipline, not a rigid standard, and deviations are allowable for a 

variety of reasons. Greater or lesser penalties than suggested may be imposed as circumstances 

warrant, and based on a consideration of mitigating and aggravating factors. Management 

officials must exercise reasonable judgment and consider all relevant factors (as reflected in the 

guidance found at Appendix A) in determining the most appropriate corrective action for each 

situation. Any penalty determination outside the suggested range should be based upon a 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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reasonable consideration of the factors described in Appendix A, and the rationale documented 

in the decision notice. 

The use of this Table as a guide will help to ensure appropriateness of penalty in relation to the 

charge(s), as well as relative consistency in discipline throughout the Department. The fact that 

a particular offense is not listed in the Table does not mean that the employee cannot be charged 

with that offense. In such instances, a reasonable penalty can be determined (with the assistance 

of the servicing HRO) by a comparison to those offenses listed in the Table. 

The Table lists only disciplinary and adverse actions which become a matter of record in the 

employee’s Official Personnel Folder; it does not mention oral warnings, counseling notices, and 

other corrective actions which may be more appropriate for correcting minor offenses. The First 

Offense column, therefore, refers to the first offense for which a disciplinary/adverse action is 

taken, although it may not be the first time the employee engaged in misconduct. 

Progressively stronger corrective actions should be taken if an employee repeatedly engages in 

misconduct. When an employee receives corrective action for an offense which falls under one 

range of penalties, and later commits a different offense under the same or another category of 

offense, the latter is considered a second offense for progressive disciplinary purposes. For 

example, if an employee is charged with absence without leave (AWOL) and is issued an official 

reprimand (first offense), then is later charged with insubordination for subsequent misconduct, 

the appropriate penalty range for the insubordination charge is a 30-day suspension to removal 

(as a second offense). 

In addition to a management-initiated corrective action, a Department employee also may be 

subject to criminal prosecution when there is evidence of a possible statutory violation; such 

evidence should be provided to the Office of Inspector General, which then may refer the matter 

to the Department of Justice for further consideration and possible prosecution. If the 

Department of Justice declines to prosecute, the employee involved in the alleged wrongdoing 

will then be subject to an appropriate administrative action consistent with the penalties 

contained in this Table. An employee who has been arrested and held for further legal action by 

a magistrate court, or indicted by a grand jury for an imprisonable offense, should be indefinitely 

suspended without pay pending the outcome of the judicial process so as not to prejudice the 

employee's right to due process in the criminal case. If the employee pleads guilty or is 

convicted, the Department may then proceed with a removal or other appropriate action; in the 

absence of a conviction, the indefinite suspension should end, although other administrative 

action may be taken. 

The servicing HRO must be consulted regarding the procedural requirements to follow when 

taking corrective action. This consultation requirement includes securing advice on the merits of 

the charge(s) and the appropriateness and Departmental-consistency of the penalty being 

proposed. In situations involving possible violations of the Department’s Standards of Ethical 

Conduct, supervisors/managers should also consult with a bureau Ethics Counselor and/or an 

ethics official from the Office of the Solicitor, Office of Ethics. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Nature of Offense 

(General Misconduct) 

1. Attendance-related offenses.

a. Absence without leave (AWOL).

This includes tardiness and 

unauthorized delay in returning from 

lunch and break periods, or in 

returning after leaving work station on 

official business; unauthorized 

departure or absence from duty 

station. 

b. Failure to follow established

leave procedures; failure to provide 

administratively acceptable 

documentation to support absence(s). 

c. Excessive unauthorized absences

(e.g., more than 5 consecutive 

workdays). 

2. Improper or unauthorized release of

sensitive and administrativelycontrolled information or employee

records; failure to safeguard classified

material.

a. Information is not compromised

and release is unintentional. 

b. Information is compromised and

release is unintentional. 

c. Release of restricted information

is deliberate. 

3. Offenses related to substance abuse.

a. Alcohol-related

(1) Reporting to or being on duty

while “under the influence” of

alcohol.

Penalty for 

First Offense 

Written 

Reprimand to 

5-day

suspension

Written 

Reprimand to 

5-day

suspension

5-day

suspension to

removal

Written 

Reprimand to 

5-day

suspension

Written 

Reprimand to 

30-day

suspension

30-day

suspension to

removal

Written 

Reprimand to 

5-day

Penalty for 

Second 

Offense 

5- to 30-day

suspension

5- to 30-day

suspension

14-day

suspension to

removal

5- to 30-day

suspension

30-day

suspension to

removal

Removal 

5- to 30-day

suspension

Penalty for 

Third 

Offense 

30-day

suspension

to removal

30-day

suspension

to removal

Removal 

30-day

suspension

to removal

Removal 

30-day

suspension

to removal

Remarks 

Refer to 370 DM 630 

for leave requirements 

and guidance. 

Penalty depends 

primarily on length 

and frequency of 

unacceptable 

absences. Removal 

may be appropriate for 

a first or second 

offense if the absence 

is prolonged, the 

failure to adhere to 

leave procedures is 

flagrant, or the 

circumstances are 

otherwise particularly 

burdensome. 

Refer to 5 USC 552a 

and 43 CFR 2.52 for 

Privacy Act provisions 

regarding the misuse 

of personal 

information; also refer 

to 18 USC 798 and 18 

USC 1905. 

Deliberate disclosures 

of Privacy Act 

information must be 

referred to OIG. 

Refer to 43 CFR 

20.505, 370 DM 792, 

Drug-Free Workplace 

(Zero Tolerance) 

Policy, DOI Handbook 

on the Department of 

Transportation 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 22 of 29 

(2) Unauthorized use and/or

possession of alcoholic beverages

while on Government premises (or

vehicle).

(3) Operating a Government

vehicle/aircraft while “under the

influence” of alcohol.

b. Drug-related

(1) Administratively confirmed

positive finding under the testing

portion of the Drug-Free Workplace

Program.

(2) Unlawful use, being under the

influence or unauthorized possession

of drugs, drug paraphernalia or

controlled substance while on

Government premises or in a duty

status.

(3) Sale or transfer of an illegal drug

or controlled substance while on

Government premises (or vehicle).

(4) Refusal or failure to provide a

required specimen for drug-testing;

tampering with a drug-test specimen;

refusal to obtain counseling or

rehabilitation (after finding of illegal

drug use).

suspension 

Written 

Reprimand to 

30-day

suspension

30-day

suspension

to removal

Written 

Reprimand to 

removal 

Written 

Reprimand to 

removal 

Removal 

14-day

suspension to

removal

30-day

suspension

to removal

Removal 

Removal 

30-day

suspension

to removal

30-day

suspension to

removal

Removal 

Removal 

Removal 

Alcohol and Drug 

Testing Program, and 

DOI Federal Railroad 

Administration 

Supplement for 

specific guidance. 

Actions involving 

these offenses must 

assure that counseling 

or rehabilitative 

assistance is offered; 

however, referral to an 

employee assistance 

program (EAP) does 

not preclude the 

initiation of corrective 

action. 

The illegal drugs 

currently tested for (as 

defined in 370 DM 

792, Subchapters 9 & 

10) include:

marijuana, cocaine,

opiates, amphetamines

and phencyclidine

(PCP). However, the

Department is

authorized to test for

any illegal drugs as

deemed necessary.

When there is 

possession of illegal 

drugs - call law 

enforcement and 

notify OIG. 

When the substance is 

prescribed by an 

appropriate medical 

authority and used 

accordingly, it would 

not be an offense. 

370 DM 792, 10.12 

requires mandatory 

initiation of removal 

from service for a 

second offense of 

failing to refrain from 

illegal drug use. 

4. Discourteous conduct (e.g., rude,

insolent, disgraceful acts or remarks)

Written 

Reprimand to 

5- to 30-day

suspension

30-day

suspension

5 USC 7503(a) 

permits suspension of 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 23 of 29 

toward supervisors, co-workers, or the 

public. 

5-day

suspension

to removal 14 days or less of any 

employee with four 

documented instances 

of discourteous 

conduct toward the 

public within a oneyear period as 

confirmed by an 

immediate supervisor, 

or any other pattern of 

discourteous conduct. 

5. Boisterous or disruptive/disorderly

conduct; use of insulting, intimidating,

abusive or offensive language to or

about another employee or supervisor.

Written 

Reprimand to 

5-day

suspension

5- to 30-day

suspension

30-day

suspension

to removal

6. Deliberately making known false,

malicious, or unfounded statements

against co-workers, supervisors,

subordinates, or Government officials

which could undermine the authority

or damage the reputation of those

concerned.

Written 

Reprimand to 

removal 

14-day

suspension

to removal

30-day

suspension

to removal

Refer to 5 USC 

2302(b)(8) and (9), 

prohibiting actions 

against employees for 

engaging in protected 

activities. 

7. Threatening statements or behavior

(of a physical nature).

14-day

suspension

to removal

Removal Charge involving 

“threat” must consider 

the listener's reactions, 

the listener's 

apprehension of harm, 

the speaker's intent, 

any conditional nature 

of the statements, and 

the attendant 

circumstances – refer 

to Metz v. Dept. of 

Treasury, 780 F.2d 

1001 (Fed. Cir. 1986). 

8. Fighting and offenses related to

fighting.

a. Engaging in potentially

dangerous “horseplay.” 

b. Hitting, pushing, or other acts

against another without causing 

injury. 

c. Hitting, pushing, or other acts

against another causing injury. 

Written 

Reprimand to 

14-day

suspension

5- to 30-day

suspension

30-day

suspension

to removal

14-day

suspension

to removal

30-day

suspension

to removal

Removal 

30-day

suspension

to removal

Removal 

Penalty depends on 

such factors as 

provocation, extent of 

injuries, and whether 

actions were defensive 

or offensive in nature. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 24 of 29 

9. Misconduct of a sexual nature that Written 14- day Removal Refer to the 

includes, but is not limited to, Reprimand to suspension Department’s Zero 

unwelcome sexual remarks, indecent removal to removal Tolerance Policy; 

comments/jokes, offensive sexual penalty may include 

banter, unwanted sexual advances, or mandatory training. 

unwelcome physical touching. More severe discipline 

is appropriate for 

egregious misconduct. 

10. Failure to provide equal

opportunity regardless of race, color,

religion, gender, national origin, age,

marital status, political affiliation,

sexual orientation or handicapping

condition.

Written 

Reprimand to 

removal 

14-day

suspension to

removal

Removal Refer to 5 CFR 

2635.101(13). 

11. Unauthorized possession/sale

(actual or attempted) of Government

property or property of others;

improper acceptance of Government

funds/reimbursement.

Written 

Reprimand to 

removal 

14-day

suspension to

removal

30-day

suspension

to removal

Referral to OIG may 

be appropriate. 

12. Loss, misuse of, damage to or

failure to safeguard Government

property, records, or information (e.g.,

willful or negligent damage to

Government resources; carelessness in

performance of duty resulting in waste

of public funds).

Written 

Reprimand to 

14-day

suspension

14- to 30-day

suspension

30-day

suspension

to removal

Refer to 5 CFR 

2635.101(9). For 

misuse of Government 

vehicles, see item 5 

under Violations of 

Statute. 

Referral to OIG may 

be appropriate. 

13. Failure to comply with safety

regulations, instructions or prescribed

safe practices; failure to use proper

safety equipment; failure to report

accident or injury.

Written 

Reprimand to 

14-day

suspension

14- to 30-day

suspension

30-day

suspension

to removal

14. Sleeping or loafing while on duty;

inattention to duty; willful idleness

while on duty.

Written 

Reprimand to 

5-day

suspension

5- to 14-day

suspension

14-day

suspension

to removal

Seriousness of offense 

is greater if 

persons/property 

endangered. 

15. Failure or delay in carrying out

instructions; failure or carelessness in

performing assigned work; failure to

take/complete officially-directed

training.

Written 

Reprimand to 

14-day

suspension

14- to 30-day

suspension

30-day

suspension

to removal

Refer to 370 DM 430 

to deal with 

unacceptable 

performance and 

performance-based 

actions. 

16. Insubordination; disregard of

directive; refusal to

comply with a proper order.

5-day

suspension

to removal

30-day

suspension

to removal

Removal Refer to 43 CFR 

20.502. An 

“insubordination” 

charge requires a 

showing that the 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 25 of 29 

employee deliberately 

disregarded 

supervisory directives. 

In some instances 

(e.g., refusal to report 

for an ordered 

reassignment) removal 

may be appropriate. 

17. Falsification/misrepresentation of

official Government records or

documents including, but not limited

to, time and attendance records, travel

vouchers, job applications,

performance appraisals, claims for

benefits, and other employmentrelated documents.

Written 

Reprimand to 

removal 

30-day

suspension

to removal

Removal Refer to 43 CFR 

20.510. 

Referral to OIG may 

be appropriate. 

18. Misrepresentation, falsification,

exaggeration, concealment or

withholding of material fact in

connection with an official

Government investigation, inquiry or

other administrative proceeding.

14-day

suspension

to removal

30-day

suspension

to removal

Removal Refer to 43 CFR 

20.510. 

Referral to OIG may 

be appropriate. 

19. Refusal to testify or cooperate in

connection with any administrative

investigation, inquiry, or other proper

proceeding (when criminal charges are

not anticipated).

5-day

suspension

to removal

14-day

suspension

to removal

30-day

suspension

to removal

20. Prohibited/improper use of

Government property (e.g., office

equipment; supplies; facilities;

credentials; records; communication

resources; cellular phones; official

time); misuse of the Internet/electronic

mail; using the Internet/electronic mail

for unauthorized purposes.

Written 

Reprimand to 

14-day

suspension

More severe 

discipline 

(including 

removal) may 

be appropriate 

for 

first/second 

offense if 

misconduct 

involves using 

the 

Department’s 

Internet/electr 

onic mail 

system for 

prohibited 

reasons, 

including 

14- to 30-day

suspension

More severe 

discipline 

(including 

removal) may 

be appropriate 

for 

first/second 

offense if 

misconduct 

involves using 

the 

Department’s 

Internet/electr 

onic mail 

system for 

prohibited 

reasons, 

including 

gambling, 

accessing/send 

30-day

suspension

to removal

Refer to 5 CFR 

2635.704 and 705(a); 

410 DM 2 (Limited 

Personal Use of 

Government Personal 

Property). Consider 

issue of employee 

notice regarding 

agency policy. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 26 of 29 

gambling, 

accessing/sen 

ding 

prohibited 

sexuallyrelated 

material, or 

other 

egregious acts 

of misuse. 

ing prohibited 

sexuallyrelated 

material, or 

other 

egregious acts 

of misuse. 

21. Offenses related to gambling.

a. Participating in a gambling

activity while on Government 

premises or in a duty status (e.g., 

office pools). 

Written 

Reprimand to 

14-day

suspension

14- to 30-day

suspension

30-day

suspension

to removal

Refer to 5 CFR 

735.201. 

b. Operating, assisting, or promoting

a gambling activity while on 

Government premises or in a duty 

status or while others involved are in a 

duty status. 

5- to 30-day

suspension

30-day

suspension

to removal

Removal 

22. Indebtedness; failure to meet

financial obligations in a proper and

timely manner.

Written 

Reprimand to 

5-day

suspension

5- to 14-day

suspension

14-day

suspension

to removal

Refer to 5 CFR 

2635.809. Actionable 

if there is a nexus 

between the failure to 

pay and the efficiency 

of the service. Since a 

suspension may 

reduce an employee's 

ability to pay overdue 

financial obligations, a 

reprimand may be 

more appropriate for a 

first offense (more 

severe discipline may 

be appropriate for 

subsequent offenses). 

Special care is called 

for in dealing with this 

type of offense, as it 

may involve 

mitigating 

circumstances. 

23. Offenses related to Government

travel charge card and/or purchase

card.

a. Misuse of travel card (i.e.,

personal/unauthorized purchases) or 

Written 

Reprimand to 

5-day

suspension to

30-day

suspension

Refer to Financial 

Administration 

Memorandum (FAM) 

2000-010 for further 

information and 

instructions on 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 27 of 29 

delinquent in payment. 

b. Misuse of travel card (i.e.,

personal/unauthorized purchases) and 

delinquent in payment. 

c. Unauthorized use of or failure to

appropriately monitor use of 

Government purchase card; “micropurchasing” violations. 

30-day

suspension

5- to 30-day

suspension

Written 

Reprimand to 

30-day

suspension

removal 

14-day

suspension

to removal

14-day

suspension to

removal

to removal 

Removal 

Removal 

Resolving 

Delinquencies on 

Individually-billed 

Travel Card Accounts, 

and the Department’s 

Integrated Charge 

Card Program Guide 

(revised 4/2004). 

24. Carrying a firearm or other 30-day Removal Refer to 43 CFR 

weapon on Government property (or

in Government vehicle) unless

specifically authorized/required in the

performance of duties.

suspension

to removal

20.511. 

25. Using public office for private

gain.

5-day

suspension

to removal

Removal Refer to 5 CFR 

2635.702. 

26. Engaging in Written 5- to 14-day 14-day Refer to 5 CFR 

unauthorized/prohibited selling,

soliciting or fundraising activities.

Reprimand to 

5-day

suspension

suspension suspension

to removal

2635.808. 

27. Engaging in prohibited outside

employment or private business

activities.

Written 

Reprimand to 

removal 

Removal Refer to 5 CFR 

3501.105. 

28. Participating in particular matters

while having a conflicting financial

interest.

5-day

suspension

to removal

Removal Refer to 5 CFR 

2635.401. 

Consult Ethics Office 

and may require 

referral to OIG. See 

18 USC 208. 

29. Participating in matters affecting 5-day Removal Refer to 5 CFR 

financial interests of an entity where suspension 2635.601. 

employment is being sought. to removal

Consult Ethics Office 

and may require 

referral to OIG. See 

18 USC 208. 

30. Violating the Department’s Code

of Scientific Conduct (or other

professional code of conduct that

applies to employees required to

maintain a professional license or

membership).

Written 

Reprimand to 

30-day

suspension

30-day

suspension to

removal

Removal Refer to 305 DM 3. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 28 of 29 

31. Violating the Standards of Ethical

Conduct not covered elsewhere in this

Table.

Written 

Reprimand to 

removal 

14-day

suspension to

removal

Removal Refer to 5 CFR 2635. 

32. Unauthorized use of nonpublic

information.

Written 

Reprimand to 

removal 

Removal Refer to 5 CFR 

2635.703. 

33. Engaging (on-duty or off-duty) in 5-day 30-day Removal Refer to 43 CFR 

criminal, infamous, dishonest, or suspension suspension 20.501. 

notoriously disgraceful conduct to removal to removal

prejudicial to the Government.

Nature of Offense 

(Supervisory Misconduct) 

Penalty for 

First Offense 

Penalty for 

Second 

Offense 

Penalty for 

Third 

Offense 

Remarks 

1. Taking, directing others to take,

recommending or approving any

action which may be considered a

“prohibited personnel practice” (e.g.,

reprisal against an employee for

engaging in protected activities;

discrimination based on race, color,

gender, age, religion, national origin,

marital status, political affiliation,

sexual orientation or handicapping

condition).

5-day

suspension to

removal

14-day

suspension

to removal

Removal Refer to 5 USC 2302, 

5 CFR 2635.101(13), 

and related 

Department policies. 

Action may be taken 

regardless of whether 

there was an official 

“finding” of 

discrimination (or 

other prohibited 

personnel practice). 

2. Taking reprisal action against an 5- to 30-day 14-day Removal Refer to 5 USC, 

employee for exercising rights suspension suspension Chapter 71. 

provided by the Federal Service to removal

Labor-Management Relations Statute.

3. Neglecting to recommend/take

corrective action upon receipt of

information regarding the job-related

misconduct of a subordinate

employee.

Written 

Reprimand to 

30-day

suspension

14-day

suspension

to removal

Removal 

4. Failure to appropriately monitor Written 14-day Removal 

employee use of Government Reprimand to suspension

purchase/travel charge card. 14-day

suspension

to removal

5. Misconduct of a sexual nature that 5-day 14-day Removal Refer to the 

includes, but is not limited to, suspension to suspension to Department’s Zero 

unwelcome sexual remarks, indecent removal removal Tolerance Policy; 

comments/jokes, offensive sexual penalty may include 

banter, unwanted sexual advances, or mandatory training. 

unwelcome physical touching. More severe discipline 

is appropriate for 

egregious misconduct. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

370 DM 752 

Page 29 of 29 

6. Influencing or attempting to

influence the DOI employment of a

relative.

5- to 30-day

suspension

14-day

suspension

to removal

Removal Refer to 5 USC 3110. 

7. Violating, or inducing a subordinate

to violate, the Department’s Code of

Scientific Conduct (or other

profession’s Code of Ethical

Conduct).

5-day

suspension to

removal

Removal Removal Refer to 305 DM 3. 

8. Using Government employees in

duty status for other than official

purposes.

Written 

Reprimand to 

removal 

14-day

suspension

to removal

30-day

suspension

to removal

Refer to 5 CFR 

2635.705(b). 

Nature of Offense 

(Violations of Statute) 

Penalty for 

First Offense 

Penalty for 

Second 

Offense 

Penalty for 

Third 

Offense 

Remarks 

1. Engaging in prohibited partisan

political activity (e.g., partisan

campaigning; soliciting/receiving

political contributions).

30-day

suspension to

removal

Removal Refer to 5 USC, 

Sections 7321-7326. 

2. Participating in a strike, work

stoppage, work slowdown, sick-out, or

other similar job action.

30-day

suspension

to removal

Removal Refer to 5 USC 7311. 

3. Misappropriating/misapplying

Government funds; directing,

expecting, or rendering services not

covered by appropriations.

1- to 30-day

suspension

30-day

suspension

to removal

Removal Refer to 31 USC 1301, 

1341 and 1349. 

4. Willfully mutilating or destroying a

public record.

Removal Refer to 18 USC 2071. 

5. Willfully using or authorizing the

use of a Government vehicle/aircraft

for other than official purposes.

30-day

suspension

to removal

Removal Refer to 31 USC 1344 

and 1349. 

6. Engaging in actions against national

security.

30-day

suspension to

removal

Removal Refer to 5 USC 7532. 

12/22/06 #3738 

Replaces 3/29/06 #3705 
 Appendix D





 Appendix E


 Appendix F
0.1 2019 

OFFICE OF 

INSPECTOR GENERAL 

U.S. DEPARTMENT OF THE INTERIOR 

Memorandum 

To: All OIG Employees 

From: Mark L. Greenblatt 

Inspector General 

Subject: Whistleblower Protection/Prohibited Personnel Practices 

The purpose of this memorandum is to ensure that all agency employees are aware of and 

understand the prohibited personnel practices and whistleblower protections available to federal 

employees. 

The U.S. Office of Special Counsel (OSC) is an independent agency that protects federal 

employees from prohibited personnel practices, including whistleblower retaliation and unlawful 

hiring practices. OSC also provides an independent, secure channel for disclosing and resolving 

wrongdoing in federal agencies. 

The Whistleblower Protection Act of 1989 and the Whistleblower Protection 

Enhancement Act of 2012 provide the right for all covered federal employees to make 

whistleblower disclosures and to ensure that employees are protected from whistleblower 

retaliation. The Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 and OSC’s 

Reauthorization Act of 2017 further enhanced and reinforced these rights and protections. 

Whistleblowing is defined as the disclosure of information that an employee reasonably 

believes evidences: a violation of any law, rule or regulation; gross mismanagement; gross 

waste of funds; an abuse authority; a substantial and specific danger to public health or safety; or 

censorship related to scientific research or analysis. Employees may make lawful disclosures to 

anyone, including, for example, management officials, the Inspector General of an agency, 

and/or OSC. 

Please review the fact sheet, Your Rights as a Federal Employee, which provides detailed 

information on the fourteen prohibited personnel practices and employees’ rights to file 

complaints with OSC. Additionally, I encourage you to review Know Your Rights When 

Reporting Wrongs, which describe different avenues for making whistleblower disclosures as 

federal employees. More information can also be found on the OSC website. 

Federal employees have the right to be free from prohibited personnel practices, 

including retaliation for whistleblowing. This agency is committed to making sure that all 

employees are aware of their rights as well as the safeguards that are in place to protect them. 

Office of Inspector General | Washington, DC 

No FEAR Report (FY20); p. 95
 Appendix G
Equal Employment Opportunity Data Posted

Pursuant to the No Fear Act:

Department of the Interior

For 4th Quarter 2022 for period ending September 30, 2022

Comparative Data

Part 1 Complaint Activity

2022 Thru 09-30

2017 2018 2019 2020 2021

Previous Fiscal Year Data

Number of Complaints Filed 328 366 301 274 239 257

Number of Complainants 321 351 297 267 232 249

Repeat Filers 5 14 4 7 7 8

Part 2 Complaints by Basis

Note: Complaints can be filed alleging multiple bases. The

sum of the bases may not equal total complaints filed.

Comparative Data

Previous Fiscal Year Data

2017 2018 2019 2020 2021

2022 Thru

09-30

Color 41 38 29 27 20 27

Religion 13 20 9 9 12 32

Race 101 118 80 71 83 60

Reprisal

Sex

PDA

National Origin

Equal Pay Act

Age

Disability

Genetics

Non-EEO

168 200 161 148 150 125

136 138 108 104 93 79

41

88

2

2

84

3 1

75

100

1

34

105

1

114 76

3 2

1

113

25

75

33

117 100

119

4

12

1

53

2

0

19

2 3

15 16 6

2

8

1 1

12
Previous Fiscal Year Data

Appointment/Hire 31 32 32 35 40 30

Assignment of Duties* 35 40 43 23 27 25

Awards 9 4 7 2 3 2

Conversion to Full Time/Perm Status* 1 0 0 0 0 0

Disciplinary Action

 Demotion

 Reprimand**

 Suspension

 Removal

 Other Disciplinary Actions**

 Other 2**

1 0 1 0 1 1

17 13 8 13 13 8

20 13 8 15 15 13

8 16 10 19 5 3

0 0 0 0 0 0

Duty Hours* 8 1 5 6 5 5

Perf. Eval./ Appraisal 41 38 31 32 29 28

Examination/Test 2 2 0 0 5 1

Harrassment

 Non-Sexual 155 183 158 120 114 125

 Sexual 12 12 7 8 4 2

Medical Examination 3 1 1 2 0 3

Pay including overtime 10 2 6 4 11 10

Promotion/Non-Selection 40 54 25 39 26 36

Reassignment

 Denied

 Directed

0

11

1

14

1

14

4

10

1

8

2

2

Reasonable Accommodation Disability

Reinstatement*

Religious Accommodation

27

0

1

41

0

0

22

0

0

35

0

0

24

0

0

33

0

16

Retirement*

Sex-Stereotyping

Telework

3

0

3

2

2

11

3

0

3

3

0

4

4

1

3

4

0

11

Termination

Terms/Conditions of Employment*

Time and Attendance

26

59

18

30

49

15

20

41

14

25

40

20

22

35

12

23

32

7

Training 9 13 12 11 6 9

 User Defined - Other 1*

 User Defined - Other 2*

1

0

0

0

0

0

0

0

0

0

0

0

 User Defined - Other 3*

 User Defined - Other 4*

0

0

0

0

0

0

0

0

0

0

0

0

Part 3 Complaints By Issue Comparative Data

2022 Thru

09-30

2017 2018 2019 2020 2021

Note: Complaints can be filed alleging multiple bases.

The sum of the bases may not equal total complaints filed.

Starting in FY2022, issues marked with:

* are reported under Other Terms / Conditions of Employment.

** are reported under Other Disciplinary Actions.

Other Terms/Conditions of Employment* 0 0 0 0 0 0

0 0 0 0 0 0

Complaints pending during fiscal year

Average number of days in investigation 185.32 184.72 209.01 184.04 223.28 179.68

Complaints pending during fiscal year where hearing was requested

Average number of days in investigation 198.57

Average number of days in final action 50.67 52.68 58.56 111.33 107.51 47.32

190.63 190.71 209.68 178.27 223.65

Complaints pending during fiscal year where hearing was not requested

Average number of days in final action 43.56 34 44.81 72.94 65.24 34.67

Average number of days in investigation 177.56 182.29 210.94 179.81 210.17 173.35

Average number of days in final action 56.74 68.75 75.67 158.09 157.51 62.4

Part 4 Processing Time

2018

Previous Fiscal Year Data

2017

2022 Thru 09-30

2019 2020 2021

Comparative Data
Previous Fiscal Year Data

Part 5 Complaints Dismissed by Agency 43 24 33 27 22 27

Average days pending prior to dismissal 153.98 107.29 209.73 165.41 178.18 101.77

Total Complaints Withdrawn by Complainants 15 26 13 20 22 14

Complaints Withdrawn by Complainants

Part 5 Complaints Dismissed by Agency

2017 2018 2019 2020 2021

Comparative Data

2022 Thru 09-30

Total Number Findings 3 1 4 7 26 3

Without Hearing 0 0 0 4 21 2

With Hearing 3 1 4 3 5 1

# % # % # % # % # % # %

0

100

0

100

0

100

57

43

81

19

67

33

Comparative Data

2022 Thru

09-30 2017 2018 2019 2020 2021

Part 6 Total Final Agency Actions Finding Discrimination

Previous Fiscal Year Data

Color 1 1 0 1 4 0

Religion 0 0 0 0 1 0

Race 2 1 0 1 8 0

Reprisal

Sex

PDA

National Origin

Equal Pay Act

Age

Disability

Genetics

Non-EEO

3 2 3 4 20 2

3 1 2 2 12 0

0

0

0

0

2

0 0

4

4

0

2

4

0

1 0

0 0

0

2

0

8

0

2 2

0

0

1

0

1

0

0

0

0 0

0 0 0

0

0

0 0

0

0.00

50.00

0.00

0.00

0.00

0.00

50.00

0.00

0.00

0.00

0.00

0.00

Religion

Reprisal

Disability

Sex

Age

Genetics

Equal Pay Act

Non-EEO

PDA

Race

National Origin

Color

0

0

0

0.00

2 1

1

1

1

0

4

0

0

0

0

0

0

2

1

0.00

5

0

1

0

2

0

0

0.00

3

0

0

0

2

0

0

1

0.00

0

0

0

0.00

0.00

3

1

0

0

0

2

1

0

0

0.00

1 0.00

0 0

0

0

1

0.00

0

0

1

0

0.00

0

0

0

0.00

0

1

0

0

0

2 0

0

100.00

0

0

0

3

0

3

0.00

0.00

13.33

20.00

6.67

0.00

0.00

0.00

20.00

26.67

13.33

0.00

0.00

0.00

14.29

14.29

14.29

0.00

0.00

0.00

28.57

0.00

14.29

14.29

0.00

0.00

28.57

28.57

0.00

0.00

0.00

0.00

42.86

0.00

0.00

0.00

0.00

0.00

13.33

13.33

6.67

0.00

0.00

0.00

26.67

26.67

6.67

6.67

0.00

1.69

6.78

20.34

6.78

0.00

0.00

0.00

33.90

13.56

13.56

3.39

11.11

0.00

0.00

22.22

22.22

0.00

0.00

0.00

11.11

33.33

0.00

0.00

16.67

0.00

16.67

16.67

0.00

16.67

0.00

0.00

16.67

0.00

16.67

0.00

0.00

0.00

28.57

0.00

0.00

28.57

0.00

0.00

42.86

0.00

0.00

0.00

0.00

0.00

14.29

0.00

42.86

28.57

0.00

0.00

14.29

0.00

0.00

0.00

25.00

0.00

12.50

6.25

18.75

0.00

0.00

0.00

31.25

0.00

6.25

0.00

Total Number Findings 15 7 7 15 59 0

9 0

Findings After Hearing 6 7 7 16

6 0

Finding Without Hearing 1 0 8 43

Part 7 Finding of Discrimination Rendered by Comparative Data

Basis Previous Fiscal Year Data

Note: Complaints can be filed alleging multiple

bases. The sum of the bases may not equal total

complaints and findings. # % # % # % # % # % # %

2022 Thru

2017 2018 2019 2020 2021 09-30
Color

National Origin

Religion

Age

Equal Pay Act

Race

Reprisal

PDA

Disability

Genetics

Non-EEO

Sex

1

0

0

4

0.00

00

00

1

0

0

4

0

0

15

0.00

0

0

0.00

0

1

0

66.67

0

1

0

33.33

0

101

0

0

02

110 0.00 1 0

1

0.00

0

0

0.00

0

00 0.00

0

00

0

151

0

1

0

0

0

03

00

0

10

0

0

00

1

0

1 0.00 0

0.00

0

0.00

3

0

0

9.30

0.00

23.26

6.98

11.63

6.78

0.00

2.33

34.88

0.00

2.33

0.00

12.50

0.00

12.50

12.50

12.50

0.00

0.00

0.00

37.50

0.00

12.50

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

100.00

0.00

0.00

0.00

16.67

0.00

16.67

16.67

16.67

6.67

0.00

0.00

16.67

0.00

0.00

0.00
0

0

0

0

0

0

Conversion to Full Time/Perm Status*

17

0

0

0

0

0

2

0

0

0

12

0

0

0

1

0

43

0

0

3

25

0

0

0

0

0

Disciplinary Action

0

Removal 0 1

0

1

0

1 15

0

31

0

Pay including overtime

58

0

3

0

2

0

1

1

0

0

0

0

0

Total Number Findings

0

0

0

0

0

0

0

14

0

0

0

0

0

0

0

Reprimand** 0

0

0

0

0

50

0

0

33

0

1

0

0

0

Suspension

0

0

0

0

0

0

0

Perf. Eval. / Appraisal

Reassignment

0

33

Non-Sexual

50

0

0

0

0

0

1

33

0

14

0

0

0

8

0

0

0

0

Medical Examination

0

0

0

1

0

0

8

0

0

0

0

0

1

3

0

25

0

0

0

2

Assignment of Duties*

0

0

Duty Hours*

0 0

0

0

0

0

0

12

0

Promotion/Non-Selection

0

4

1

0

0

4

0

Directed

Demotion

0

0 0

0

0

0

8

50

Harassment

0

0

0

Sexual

0

0

1

0

6

0

0

0

8

33

Examination/Test

7

0

0

0

0

0

0

0 0

0

0

0

0

0

2

0

0

Other 2**

0

0

0

0

0

Denied

0

0

1

0

75

0

0

33

Awards

0

0

0

3

2

17

0

0

2 26

0

0

0

3

0

0

0 0

0

0

1

14

0

0

0

0

0

Appointment/Hire

0

0 0

0 0

0

0

33

25

0

0

1

User Defined - Other 2*

1

0

0 0

0 0

0

42

0

1

0

0

17 0

0

User Defined - Other 3*

0

0

0

25

0 0

0

0

0

0

0

0

0

3

Termination

0

Training

0

0

1

0

0

1

0

0

0

0 11

0

0 0

0

0

0

0

0

1

33

0

0 14

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

3

0 7

0

0

0

0

0

0

0

0

0

12

0

0

0

User Defined - Other 4*

0

0

Religious Accommodation

0

0

0

0

0

0

14

0

Telework

0

0

0

33

27

0

0

0

0

0

0

0

0

Retirement*

Sex-Stereotyping 0

0

0

3

1

0

0

0

0

Reinstatement*

0

0

0

1

0

12

0

0 25

0

0

0

Terms/Conditions of Employment*

0

0

0

User Defined - Other 1*

0

0

0

1

50 0

0

Reasonable Accommodation Disability

0

0

0

0

0 4

1

0

0

1

0

Time and Attendance

0

0

0

0

0

0

0

Previous Fiscal Year Data

% # % %

2018 2020

%

Comparative Data

2019 2021

#

2022 Thru 09-

2017 30

# % # % #

Part 8 Finding of Discrimination Rendered by Issue

#

Other Terms/Conditions of Employment* 0 0 0 0 0 0 0 0 0 0 0 0

Other Disciplinary Actions** 0 0 0 0 0 0 0 0 0 0 0 0

Starting in FY2022, issues marked with:

* are reported under Other Terms / Conditions of Employment.

** are reported under Other Disciplinary Actions.
0

0

Awards

5

00

0

4 80 0

0

1

0

0

0

Findings After Hearing

0

1

04

0

0

Assignment of Duties*03

Appointment/Hire

0

0

0

0

0

1

00

0

00

0

Conversion to Full Time/Perm Status*

1

75 33

001

0

0 20 0

00

0

3

0

330

30

0

0

0

001

Suspension00000

0

0

00

0

0

00

00 200

0

00

Disciplinary Action

0

00

000

0

0

Reprimand**

00

0

Demotion

00

0

0

0

0

0

1

0

50

00

2

0

0

Reinstatement*

20

0

Removal

0

Medical Examination

0

Reasonable Accommodation Disability

00

0

0

00

25

0

0

0

0

0

0

0

0

Promotion/Non-Selection

0

33

1

Denied

0

0

Reassignment

Retirement*

00

0

Directed

0

0

00

0

00

0

33

0

0

Non-Sexual

0

0

0

0

0

0

0

40

0

0

0

0

0

0

00

0

0

Sexual

00

0

000

0

0

33

Religious Accommodation

0

0

2

0

80

0

00

0

0

0

00

0

0

0

0

0

0

0

0

00

0

250

0

0

0

0

0

0

0

Terms/Conditions of Employment*

20

0

0

0

0

0

1

0

0

Perf. Eval. / Appraisal

0

0

Other 2**

0

0

0

0

0

25

Telework

0

1

1

2

0

00

0

0

Duty Hours*

0

0

0

0

0

01

0

80

0

0

0

33

0

0

0

0

00

0

00

0

25

0

0

0

0

0

34

0

0

0

0

0

0

0

0

0

0

0

00

0

0

0

0

00

0

User Defined - Other 2*

0

0

0

0

0

Pay including overtime

0

60

0

1

0

00

0

0

0

00

User Defined - Other 1*

00

0

100

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

00

0

User Defined - Other 3*

0

0

1

0

0

0

0

User Defined - Other 4*

00

30

1

0

0

0

0

0

0

00

60

0

0

0

Harassment

1000

0

0

0

330

0

Examination/Test

67

0

0

25

0

4

0

0

Training

0

0

0

0

0

Sex-Stereotyping

0

10

0

0

0

0

Time and Attendance

0

0

1

0

00

0

1

0

0

0

1

0

0

0

0

01

0

Termination

0

0

0

0

0

0

0

Other Terms/Conditions of Employment*000000000000

Other Disciplinary Actions**000000000000
0

2

0

2

0

0

0

Awards

0

0

0

0

0

Medical Examination

0

0

4

0

0

0

0

1

0

Harassment

0

0

Denied

0

0

0

0

75

0

Assignment of Duties*

0

Retirement*

0

0

0

0

0

Examination/Test

0

0

100

0

0

0

0

0

0

0 0

0

Disciplinary Action

0

0

Suspension

0

0

0

0

0

0

0

0

0

0

0

0

0

1

0

0

5

5

0

0

0

0

0 0

0

0

0

Non-Sexual

0

0

0

0

1

2

1

0

0

0

0

0

0

0

5

0

0

0

Termination

0

0

0

0

0

0

0

Reasonable Accommodation Disability

0

0

0

10

0

0

0

0

0

0

0

0

3

0

0

24

0

0

3

52

2

0

25

0

0

0

Demotion

0

0

0

Sexual

0

Sex-Stereotyping

Other 2**

0

0

0

0

0

10

0

0

0

0

Reinstatement*

0

0

0

Time and Attendance

Conversion to Full Time/Perm Status*

0

0

0

0

0

0

21

0

0

0

0

0

User Defined - Other 2* 0

Reprimand**

0

0

0

1

0

0

0

0

0

0

Religious Accommodation

Directed

0 0

33

0

0

0

0

0

4

0

Duty Hours*

7

0

0

0

0

0

0

2

0

0

0

0

0

0

Terms/Conditions of Employment*

0

0

0

0

0

0

0 19

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

33

Pay including overtime

0

0

0

0

0

1

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Reassignment

0

0

0

0

0

0

0

Perf. Eval. / Appraisal

0

0

0

0

0

10

0

33

0

0

Training 1

0

0

0

User Defined - Other 3*

0

0

0

0

0

33

0

10

User Defined - Other 1*

0

0

0

0

0

0

0

0

0

0

0

Findings Without Hearing

0

0

Promotion/Non-Selection

Appointment/Hire

0

0

0

0

0

0

0

0

0

Removal

0

0

0

0

0

0

0

0

0

0

0

User Defined - Other 4*

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Telework

11

50

0

0

1

0

0

0

0

0

0

0

0

50

0

0

0

50

0

0

0

50

0

0

0

0

0

0

0

0

0

0

50

1

0

0

0

50

0

0

0

0

0

0

0 0

0

0

50

0

0

0

0

1

0

0

1

0

0

0

1

0

0

0

0

1

1

Other Terms/Conditions of Employment* 0 0 0 0 0 0 0 0 0 0 0 0

Other Disciplinary Actions** 0 0 0 0 0 0 0 0 0 0 0 0

Comparative Data

Part 9 Complaints Pending from Previous Fiscal Years By Status 2022 Thru

09-30 2017 2018 2019 2020 2021

Previous Fiscal Year Data

Total complaints from previous Fiscal Years 279 285 277 270 195 134

Total Complainants 269 276 266 262 188 125

Number complaints pending

Investigation 14 6 8 3 1 0

ROI issued, pending Complainant's action 0 0 2 1 0 1

Hearing 269 275 255 220 184 113

Final Agency Action 7 8 16 46 13 19

Appeal with EEOC Office of Federal Operations 70 62 45 59 76 63

Previous Fiscal Year Data

Pending Complaints Where Investigations Exceed Required Time Frames 28 18 7 2 8 2

Comparative Data

Part 10 Complaint Investigations 2022 Thru

09-30 2017 2018 2019 2020 2021
 Appendix H
October 24, 2022

PERSONNEL BULLETIN 21-03

SUBJECT: Processing Requests for Reasonable Accommodation for Individuals with 

Disabilities 

1. Purpose. In compliance with the authorities listed below, the Department of the Interior (DOI)

has established policy and procedures for processing reasonable accommodation requests. This

Personnel Bulletin (PB) outlines the requirements and instructions by which Departmental

supervisors and other responsible parties will act on requests for reasonable accommodation

from employees and applicants for employment. This PB supersedes Civil Rights Directive

2014-02 and PB 14-01, Reasonable Accommodation for Individuals with Disabilities, dated

February 20, 2014; and PB 08-09, Procedures for Conducting a Department-wide Search and

Position Reassignment for Cases Involving Reasonable Accommodation, dated May 5, 2008.

This document remains in effect until either rescinded or superseded by a new Departmental

policy.

2. Authorities.

A. Title 29 of the United States Code (U.S.C.), Chapter 16, Subchapter V, Section 791

(Employment of Individuals with Disabilities)

B. Title 42 of the U.S.C., Chapter 126, Section 12101 (Americans with Disabilities Act of

1990)

C. Part 1614 of Title 29 Code of Federal Regulations (CFR), Federal Sector Equal

Employment Opportunity

D. Public Law 110-325, Americans with Disabilities Act Amendments Act (ADAAA) of

2008

E. Part 1630 of Title 29 CFR, Regulations to Implement the Equal Employment Provisions

of the Americans with Disabilities Act

F. Part 1635 of Title 29 CFR, Genetic Information Nondiscrimination Act of 2008

G. Part 335 of Title 5 CFR, Promotion and Internal Placement

H. Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable

Accommodation (July 26, 2000)

I. Equal Employment Opportunity Commission Management Directive 715

J. Equal Employment Opportunity Commission Policy Guidance on Executive Resources

13164: Establishing Procedures to Facilitate the Provision of Reasonable

Accommodation, dated October 20, 2000

K. DOI Merit Promotion & Staffing Policy Personnel Handbook (November 2020)

3. Coverage. This policy applies to all DOI Bureaus and Offices and supersedes any other

Departmental or Bureau/Office policies or procedures that conflict with this policy.

4. Goals. The goals of this policy are to ensure:
2 

A. Prompt and effective accommodation solutions are provided to foster maximum

productivity and performance, equal access to employment and the workplace

environment, and create an atmosphere where employees can fulfill the DOI mission.

B. Qualified employees and applicants for employment participate in a transparent and

communicative manner throughout the reasonable accommodation process.

C. Requests for reasonable accommodations (including interim and alternative

accommodations) are processed within established timeframes.

5. Responsibilities.

A. The Director, Office of Diversity, Inclusion and Civil Rights (ODICR) is responsible for:

1. Ensuring that reasonable accommodations are made for qualified employees and

applicants with a disability in accordance with applicable laws, regulations and

bargaining unit agreements.

2. Preparing periodic reports to analyze the agency’s performance regarding the

provision of reasonable accommodations to individuals with disabilities.

3. Serving as a committee member, along with the Chief Human Capital Officer

(CHCO)/Deputy Assistant Secretary for Human Capital & Diversity (DAS-HCD) and

the Director of Financial Management, on undue hardship determinations.

4. Implementing proactive prevention measures and a continual Departmentwide

campaign to increase knowledge and awareness of the requirements, relevancy and

capability of providing reasonable accommodations.

B. The Chief Human Capital Officer (CHCO)/Deputy Assistant Secretary for Human

Capital & Diversity (DAS-HCD) is responsible for:

1. Serving as a committee member, along with the Director of ODICR and the Director

of Financial Management, on undue hardship determinations.

2. Making decisions on employee reassignment requests within 5 business days of

receipt of the DOI Reassignment Appeals Board’s (DOI RAB) recommendation in

cases of inter-bureau conflicts.

3. Developing policy guidance on the timely processing of requests for

accommodations.

C. The Deputy Chief Human Capital Officer (DCHO)/Director, Office of Human Capital

(OHC) is responsible for:

1. Convening the DOI Reassignment Appeals Board (DOI RAB) within 10 business
3 

days of receipt of all documentation and making a recommendation to the

CHCO/DAS-HCD within 5 business days of convening the DOI RAB. 

D. The Department Reasonable Accommodation Program Manager, OHC is responsible for:

1. Developing DOI-wide policy on processing reasonable accommodation requests and

partnering with ODICR and other key stakeholders to ensure that all Bureaus/Offices

are aware of and apply policy requirements.

2. Serving as the liaison between Servicing Human Resources Offices (SHRO) and

Department leadership in coordinating requests for undue hardship and the DOI RAB

as described in this document.

E. The Department Medical Officer is responsible for providing a review of medical

documentation when requested so that Bureaus/Offices can make informed decisions

regarding employee accommodation requests.

F. Bureau/Office Disability Program Manager (DPM) is typically an employee of the Equal

Employment Opportunity (EEO) Office and is responsible for:

1. Developing, implementing, and operating the Bureau/Office's disability program

to eliminate employment barriers, seek full inclusion of individuals with

disabilities, and providing guidance on reasonable accommodation matters related

to employees and applicants.

2. Forwarding requests for accommodation to the responsible Deciding Official.

3. Promoting equal opportunity and equal access for individuals withdisabilities.

G. The Servicing Human Resources Office (SHRO) is responsible for:

1. Assisting the Deciding Official in determining essential functions of the job;

coordinating the initial search and job analysis on available, vacant, funded

positions, in the case of reassignment as an accommodation; and removing

barriers from the hiring process.

2. Forwarding requests for accommodation to the responsible Deciding Official.

3. Training human resources specialists who are involved inthe application process

to recognize requests for reasonable accommodation and handle them in

accordance with this PB.

4. Assisting and training Deciding Officials in processing reasonable accommodation

requests, identifying effective accommodations, and ensuring appropriate timeframes

are met by the Deciding Official.
4 

5. Coordinating the Bureau’s efforts to identify vacant, funded positions; facilitating

communication with the SHRO in other Bureaus on reassignments as an

accommodation; assisting Bureau management in clarifying employee qualifications;

coordinating with the Human Resources Officer in making final qualification

determinations with respect to vacant, funded positions within their Bureau; ensuring

the smooth and timely processing of any reassignments into or out of the Bureau; and

appropriately documenting the expanded search process in the case of reassignment

as an accommodation.

6. Tracking all reasonable accommodation requests and collecting the Information

Tracking and Reporting Form from the Deciding Official. The information tracked

must be sufficient to allow the Bureau Equal Employment Opportunity (EEO) Office

to prepare regular and ad-hoc reports, as needed for the EEOC to ensure compliance

with these procedures and the Rehabilitation Act.

7. Maintaining all reasonable accommodation records for the length of the

employee's tenure with DOI or for 5 years, whichever is longer, and separate

from other personnel records.

H. Deciding Officials are responsible for:

1. Consulting with appropriate officials, such as the SHRO, Bureau DPM, Office of 

the Solicitor Employment and Labor Law Unit attorney, DOI Medical Officer, or

other individuals that can assist in determining appropriate and effective

accommodations.

2. Determining, in consultation with the SHRO, the essential function(s) of a

subordinate employee’s position.

3. Ensuring that all regulatory requirements and specified timeframes are adhered to

in managing reasonable accommodation requests.

4. Providing assistance to the SHRO in clarifying qualifications and coordinating

reassignment efforts, with respect to requests for reassignment as an

accommodation.

5. Protecting medical documents as required by the Rehabilitation Act, Pub. L. 93-

112 and the Privacy Act, 5 U.S.C. § 552a (1974).

6. Participating in the interactive process.

7. Communicating with the requestor and providing timely updates regarding

accommodation status including following through and making necessary
5 

arrangements to ensure that the accommodation is provided in a timely manner. 

8. Completing the Information Tracking and Reporting Form and submitting it to the

SHRO within 10 business days of the decision.

I. Office of the Solicitor (SOL), Employment and Labor Law Unit (ELLU) is responsible

for providing legal counsel to agency officials relevant to reasonable accommodation

laws, rules, and regulations.

J. Qualified employees and applicants are responsible for:

1. Making requests for reasonable accommodation.

2. Timely providing appropriate supporting medical and/or other documentation

upon request.

3. Participating in the interactive process.

K. Other Responsive Department/Bureau/Office Officials (e.g., Information

Technology, Budget, Facilities, etc.) are responsible for:

1. Timely providing action when engaged by Deciding Officials on coordination

and/or logistical arrangements necessary to implement accommodation solutions.

2. Forwarding requests for accommodation to the responsible Deciding Official.

6. Definitions.

A. Arduous or Hazardous Position. A position that is dangerous or physically demanding to

such a degree that an incumbent’s medical and/or physical condition is necessarily an

important consideration in determining the ability to perform safely and efficiently.

B. Deciding Official. The immediate supervisor, manager, or other designated management

official with the authority to act on requests for reasonable accommodations.

C. Direct Threat. A significant risk of substantial harm to the health or safety of an

individual or others that cannot be eliminated or reduced by reasonable accommodation.

The determination that an individual poses a “direct threat” shall be based on an

individualized assessment of the individual's present ability to safely perform the

essential functions of the job. This assessment shall be based on a reasonable medical

judgment that relies on the most current medical knowledge and/or on the best available

objective evidence. In determining whether an individual would pose a direct threat, the

factors to be considered include: (1) the duration of the risk; (2) the nature and severity of

the potential harm; (3) the likelihood that the potential harm will occur; and (4) the

imminence of the potential harm.
6 

D. Disability. To be eligible for a reasonable accommodation, an individual must either have

a physical or mental impairment that substantially limits a major life activity or must

have a record (a history) of a physical or mental impairment that substantially limits a

major life activity. An individual who is only regarded as having a disability is not

entitled to reasonable accommodation. Determination of disability will comply with the

requirements of the Americans with Disabilities Act Amendments Act of 2008

(ADAAA) which requires a broad interpretation of the term and generally does not

require an extensive analysis.

E. Essential Functions of a Job. Job duties that are so fundamental to the position that the

individual cannot do the job without being able to perform them. A function can be

“essential” if, among other things, the position exists specifically to perform that

function, there are a limited number of other employees to whom performance of the

function could be distributed, or the function is specialized, and the incumbent is hired

based on their ability to perform it. Determination of the essential functions of a position

must be conducted on a case-by-case basis so that it reflects the job as actually

performed, and not simply the components of a generic position description (PD). The

term “essential functions” does not include the marginal functions of the position.

F. Equivalent Position. Positions that are the same (or similar) as the job currently held by

the employee in terms of pay, grade level, career level, promotion potential, supervisory

status, pay system, type of appointment (competitive/excepted service), and other

relevant factors.

G. Extenuating Circumstances. Factors that cannot reasonably have been anticipated or

avoided in advance of the request for accommodation.

H. Individual with a Disability. A person who has a physical or mental impairment that

substantially limits one or more major life activities, or has a record of such impairment,

or is regarded as having such impairment. Individuals who are solely regarded as having

a disability, but do not have a disability, are not entitled to a reasonable accommodation.

I. Interactive Process. The collaborative effort by which the Deciding Official and

individual, who requests an accommodation, engage in dialogue to clarify the precise

limitations resulting from the disability and identify potential reasonable

accommodations that could overcome those limitations. The interactive process may

include an analysis of the particular job to determine its purpose and essential functions; a

consultation with the individual to ascertain the precise job-related limitations imposed

by the individual’s disability and how those limitations could be overcome with a

reasonable accommodation; an identification of potential accommodations and, in

conjunction with the individual, an assessment of the effectiveness of those

accommodations in enabling the individual to perform the essential functions of the job;

the consideration of the preference of the individual; the selection and implementation of

an accommodation that is appropriate for the individual and the employer; and whether

the accommodation poses an undue hardship.
7 

J. Major Bodily Functions. Functions that include, but are not limited to, functions of the

immune system, special sense organs, and skin; normal cell growth; and digestive,

genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory,

cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems.

K. Major Life Activities. Activities that include, but are not limited to, caring for oneself,

performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting,

reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking,

communicating, interacting with others, and working, and the operation of a major bodily

function.

L. Medical Documentation. Documentation that explains the nature, severity, and duration

of the disability; the impact of the disability on and off the job; the extent to which the

impairment(s) limits the individual’s ability to perform functions of the job; the estimated

date of full or partial recovery; a medical professional’s assessment of the individual’s

ability to successfully perform the essential functions of the position; and how the

particular accommodation will assist the individual in performing the essential functions

of the position.

M. Non-Equivalent Position. Position that is not equal or similar to an employee’s current

position in terms of pay, grade level, career level, promotion potential, pay system, type

of appointment (competitive/excepted service), or other relevant factors. An

accommodation to a non-equivalent position (e.g., change-to-lower grade) should be

granted only if the employee agrees to voluntarily accept the position.

O. Physical or Mental Impairment. 1) Any physiological disorder or condition, cosmetic

disfigurement, or anatomical loss affecting one or more body systems, such as, but not

limited to, neurological, musculoskeletal, special sense organs, cardiovascular,

reproductive, digestive, respiratory (including speech organs), genitourinary, immune,

circulatory, hemic, lymphatic, skin, and endocrine; or 2) any mental or psychological

disorder, such as an intellectual disability, organic brain syndrome, emotional or mental

illness, and specific learning disabilities.

P. Qualified. The term “qualified,” with respect to an individual with a disability, means that

the individual satisfies the requisite skills, experience, education and other job-related

requirements of the employment position such individual holds or desires and, with or

without reasonable accommodation, can perform the essential functions of such position.

Q. Reasonable Accommodation. A modification or adjustment that enables a qualified

individual with a disability to apply for a job, perform job duties, or enjoy benefits and

privileges of employment. There are three categories of reasonable accommodations:

a) modifications or adjustments to a job application process that enable a qualified

applicant with a disability to be considered for a job;

b) modifications or adjustments to the work environment, or to the manner or
8 

circumstances under which the position held or desired is customarily performed, 

that enable a qualified individual with a disability to perform the essential 

functions of the job; and 

c) modifications or adjustments that enable employees with disabilities to enjoy

equal benefits and privileges of employment as are enjoyed by similarly situated

employees without disabilities.

R. Reassignment. A last resort accommodation that, absent an undue hardship, must be

provided to employees (not applicants) who, because of a disability, can no longer

perform the essential functions of their job, with or without reasonable accommodation.

Reassignments are made only to available, vacant, funded positions for which the

employee qualifies. If the employee is qualified for the position, the employee will be

reassigned to the job and will not have to compete. Informing an employee that they may

apply for or otherwise compete for a position does not satisfy the obligation to reassign.

S. Record of Such an Impairment. Having a history of or being classified (or misclassified)

as having a mental or physical disability that substantially limits one or more major life

activities.

U. Undue Hardship. With respect to the provision of an accommodation, means significant

difficulty or expense to the Department when considered in light of factors such as the

Department’s size, financial resources, and the nature and structure of the position.

Accommodations that are extensive, substantial or disruptive may fall within the realm of

undue hardship. Determination of undue hardship is always made on a case-by-case

basis. In the case of a potential undue hardship, alternatives must be explored to

determine if there are other effective accommodations that do not impose an undue

hardship on the Department.

7. Policy. The DOI must provide reasonable accommodation to employees and applicants for

employment who are qualified individuals with disabilities, unless doing so would cause undue

hardship to the DOI, in accordance with applicable law.

8. Process. There are five possible phases of the reasonable accommodation process: 1) initiation

of request, 2) consideration, 3) decision, 4) reconsideration, and 5) appeal. Throughout the

process, the Deciding Official must communicate with the SHRO to ensure adherence to policy,

timeframe requirements, and proper tracking.

A. Initiation of Request

1. Request for Accommodation

In the initiation of request phase, the employee or applicant, or someone acting on their

behalf, submits a request for an accommodation either verbally or in writing to their 

supervisor or other designated Deciding Official. The individual requesting accommodation 

does not need to use any particular words (e.g., “reasonable accommodation” or 
9

“disability”), need not fill out any specific form, and need not make their request within 

any particular time frame. A request for accommodation is triggered when an individual or 

someone acting on their behalf asks for an adjustment or a change at work or in the 

application process for a reason related to a medical condition. An individual need not have a 

particular accommodation in mind, or propose any specific accommodation, before making a 

request and may not be required to propose a specific accommodation. Any urgency 

associated with a request, should be made known to the Deciding Official (including what 

the urgency is attributed to). If an accommodation is requested by a family member, health 

professional, or other representative, a signed statement shall be provided by the employee, 

or applicant, stating the name of the representative and authorizing that individual to speak 

with agency officials and to engage in the interactive process on their behalf. 

a. An employee with a disability may submit their request for accommodation to 

any of the following officials: their supervisor, a management official in their

chain of command, the SHRO, the DPM or any other management official. 

b. An applicant with a disability may submit their request to the agency contact 

identified in the vacancy announcement or any other individual designated to 

accept accommodation requests. 

Upon receipt of a request for reasonable accommodation, the Deciding Official must 

acknowledge receipt of the request in writing no later than 5 business days from receipt 

of the request. 

Requests for reasonable accommodation received by an agency official other than the 

Deciding Official (usually the first-level supervisor), shall be forwarded to the Deciding 

Official and the SHRO as soon as possible but no later than 5 business days from the 

date the request is received. 

A verbal request for accommodation is deemed accepted when the request is received by 

a designated agency official, the Deciding Official, the SHRO, the DPM or a supervisor 

or manager within the requesting individual’s immediate command. Verbal requests may 

be documented for record-keeping purposes using the Request Confirmation Form. The 

recipient of the verbal request must not wait until the request is submitted in writing to 

act on the request. Regardless of how the request for accommodation is made, once the 

employee requests accommodation the time limits outlined in Table 1 begin. Failure to 

respond in accordance with the timeframes outlined in Table 1 may result in a violation of 

the Rehabilitation Act. Additional information (including medical documentation) 

reasonably needed to process the accommodation request may be sought during the 

interactive process. A determination that the employee or applicant is a qualified 

individual with a disability is a prerequisite to an entitlement to a reasonable 

accommodation. This determination should be made by the Deciding Official, in 

consultation with the SHRO and ELLU, prior to addressing the specifics of the 

accommodation request. 

2. Initiation of the Interactive Process 
10

The Deciding Official, in consultation with the SHRO, will engage the requesting 

individual in the interactive process within 5 business days from receipt of the request 

and throughout the process, as necessary, to determine the precise limitations of the 

disability as well as potential reasonable accommodations that could overcome those 

limitations. The parties should not wait for medical documentation, if determined 

necessary, to engage in the interactive process. It is equally incumbent on both requestor 

and Deciding Official, to actively engage in the interactive process in order to attain 

results. Ongoing communication is particularly important where the specific limitation, 

problem, or barrier is unclear, and an effective accommodation is not obvious; or the 

parties are considering alternative reasonable accommodations. In addition to the SHRO 

and DPM, resources such as the Office of Collaborative Action and Dispute Resolution 

(CADR) are available to help ensure productive communication. 

The Deciding Official may, as part of the interactive process, offer alternative 

accommodations and discuss the effectiveness in enabling the individual to perform the 

essential functions of their position in removing the workplace barrier that is impeding 

the requestor. If an employee or applicant requests an accommodation that is not 

effective or would pose an undue hardship (e.g., removing an essential job function), the 

Deciding Official will continue the interactive process with the requestor and explore 

alternatives until either a reasonable accommodation is found, the requestor withdraws 

the request, or the Deciding Official determines that reasonable accommodation would 

pose an undue hardship. Deciding Officials may not require an individual with a 

disability to accept an accommodation that is neither needed nor requested. If, however, 

an employee or applicant needs and requests a reasonable accommodation, and refuses 

to accept an effective accommodation, the employee or applicant may not be qualified.

3. Determination Whether Medical Documentation Is Necessary

When the disability is not obvious, previously known, or the requestor has not already 

provided sufficient medical information to establish that they are a qualified individual 

with a disability, individuals may be asked, but may not be required, to provide medical 

documentation in support of a reasonable accommodation request. In such a case, the 

Deciding Official shall, in consultation with the SHRO, ask but not require, the 

individual to submit medical documentation. Any such request for medical 

documentation must be limited to determining the nature and scope of the individual’s 

disability, their need for reasonable accommodation, and how the requested 

accommodation will assist the individual to apply for a job, perform the essential 

functions of the job, or enjoy the benefits and privileges of the workplace. Supplemental 

medical information may be requested if the information submitted by the requesting 

individual is insufficient for the purposes outlined above. Every attempt shall be made to 

avoid overly burdensome requests for medical documentation. 

The medical documentation must be from a licensed medical professional, who is 

qualified to render a medical opinion on the individual’s disability and the type of 

functional limitation it imposes. Appropriate medical professionals include, but are not 

limited to, medical doctors (including psychiatrists), psychologists, chiropractors, nurses, 

nurse practitioners, physician assistants, physical therapists, occupational therapists, 

speech therapists, vocational rehabilitation specialists, and licensed mental health 

professionals. The medical documentation must be signed by the medical professional, 
11

be on the provider’s letterhead and include 1) the requestor’s name, 2) the nature, 

severity, and duration of the individual’s impairment, 3) the activities that the 

impairment limits, 4) the extent to which the impairment limits the individual’s ability to 

perform the activities, and 5) how the requested accommodation will assist the 

individual in performing the essential functions of the job or enjoy a benefit of the 

workplace, or in the case of an applicant, assist them with the application process. If 

insufficient information is provided for management to make an informed decision on 

the accommodation request, or no further information is submitted by the requestor, then 

a decision shall be made based on the information available. 

Deciding Officials must consult with the SHRO to help determine if medical 

consultation by the DOI Medical Officer is necessary. Medical information does not 

automatically have to be reviewed by the DOI Medical Officer if it clearly explains the 

nature of the disability and/or the need for reasonable accommodation. If medical 

consultation is necessary, the Bureau SHRO, not the Deciding Official, will engage the 

DOI Medical Officer by preparing a memorandum detailing the necessary background 

information and identifying questions to be addressed by the DOI Medical Officer. If a 

medical consultation is determined to be necessary, it shall be at the requesting 

Bureau/Office’s expense. 

If an individual’s disability or need for reasonable accommodation is not obvious, and 

the employee or applicant refuses to provide the medical documentation requested, they 

may not be entitled to a reasonable accommodation. 

Only if, in response to the agency’s initial request, the employee or applicant submits 

insufficient documentation from their own health care or other appropriate professional

to demonstrate that they have a disability or need an accommodation, may the Deciding 

Official, in consultation with the SHRO or ELLU, request that the individual be 

examined by a healthcare professional of the Bureau’s choice and at the Bureau’s 

expense. Before doing so, the agency should explain to that individual why the 

submitted documentation is insufficient; identify the information that is needed; and 

allow the individual an opportunity to provide the information before offering a medical 

examination. Any such medical examination must be limited to determining the 

existence of a disability and/or the functional limitations that require an accommodation. 

Where a medical examination is offered, the Deciding Official must explain to the 

individual that, although submitting to the medical examination is voluntary, failure to 

participate in the medical examination may result in a finding that the individual is not 

entitled to a reasonable accommodation. 

B. Consideration Phase: 

In the consideration phase, the Deciding Official determines whether to provide the 

accommodation requested, if any, or present an effective alternative accommodation. The 

Deciding Official shall seek advice from and collaborate with their SHRO throughout this 

phase. After a request from a qualified individual with a disability is received, the request is 

reviewed to determine if a reasonable and effective accommodation exists. 

When all the facts and circumstances known make it reasonably likely that an 

individual is entitled to a reasonable accommodation, but the accommodation 
12

cannot be provided immediately, supervisors must confer with the individual and 

consider providing an interim accommodation, if it is possible to do so without 

imposing an undue hardship. The interim accommodation allows the employee to 

perform some or all of the essential functions of the job. An interim accommodation may 

also be provided in cases where a delay is attributable to the need to obtain or evaluate 

medical documentation and the Deciding Official has not yet determined that the 

individual is entitled to an accommodation. In such case, the Deciding Official should 

notify the individual in writing that an interim accommodation is being provided on a 

temporary basis pending a decision on the accommodation request. Deciding Officials

who approve an interim accommodation are responsible for ensuring that they do not 

take the place of a more permanent accommodation and that all necessary steps to secure 

the permanent accommodation are appropriately taken. 

Generally, reassignment should only be considered after the deciding official has determined 

that there are no available and effective accommodations that will enable the employee to 

perform the essential functions of their current position, or all other available and effective 

reasonable accommodations would impose an undue hardship for the Department. This type 

of reasonable accommodation must be provided to an employee who, because of a disability, 

can no longer perform the essential functions of their current position, with or without 

reasonable accommodation, unless the employer can show that it would be an undue 

hardship. See section 16 for information on reassignment. 

C. Decision Phase:

In the decision phase, following consultation with the SHRO, the Deciding Official notifies 

the employee or applicant in writing of the decision to provide the requested accommodation, 

deny the requested accommodation or present an alternative accommodation. The decision 

memorandum shall be emailed, mailed or presented to the individual within 15 business 

days of the Deciding Official’s receipt of the reasonable accommodation request or sooner. If 

medical documentation is necessary, the Deciding Official will issue a written decision 

within 15 business days from the date the official received or requested, the necessary 

medical documentation, whichever is later. The timeframes outlined in section 12 may be 

extended if the employee fails to provide necessary medical documentation in a timely 

manner. 

The Deciding Official is not obligated to provide the specific accommodation requested but 

instead has the right to offer an alternative accommodation that is effective in removing the 

workplace barrier that is impeding the individual with a disability. Employees and applicants 

are entitled to effective and reasonable accommodations, but not necessarily to the 

accommodation of their choice. 

Deciding Officials must complete the Information Tracking and Reporting Form and 

submit it to the Bureau SHRO within 10 business days of the decision and must attach 

to the form and all information received during the processing of the request.

Once approved and accepted, the accommodation should be implemented as soon as possible 

but no later than 20 business days from the date of the decision (inclusive of any necessary 

logistics and/or coordination). If there is a delay in processing/implementing the reasonable 

accommodation, the Deciding Official, in collaboration with their SHRO, must investigate 
13

whether there are temporary measures such as an interim accommodation that can be 

provided to assist the individual. The employee will be kept apprised of the status and 

reason(s) for the delay, including any extenuating circumstances that justify the delay and 

expected completion date every 10 business days, throughout the decision phase of the 

process until fully implemented. 

In instances that may require expedited processing of reasonable accommodation requests 

(e.g., to enable an applicant to apply for a job or to participate in a specific agency activity 

that is scheduled to occur shortly), the Deciding Official must make every effort to complete 

the process quickly.

If the individual has requested a type of reasonable accommodation that is likely to be 

needed on a repeated basis (e.g., sign language interpreting), the individual should not be 

required to submit a formal written request each time the accommodation is needed. Once the 

accommodation is approved, the individual may obtain subsequent accommodations by 

verbal or written notice to the Deciding Official or other designated official.

Denials of requests for reasonable accommodation must be in writing and explain the 

specific reasons the request was denied (e.g., why the medical documentation is inadequate 

to establish that the individual has a disability or needs an accommodation; why the 

requested accommodation would not be effective; why the accommodation would pose an 

undue hardship or endangers the health and safety of the individual or others). Prior to 

issuing a decision to deny an accommodation, the Deciding Official must consult with the 

SHRO and/or ELLU. Where a Deciding Official has denied a specific requested reasonable 

accommodation but offered to make a different accommodation in its place, the Deciding 

Official should explain both the reasons for the denial of the requested accommodation and 

the reasons they believe that the chosen accommodation will be effective. Denials must 

include information about the individual’s right to file an EEO complaint as well as the right 

to file an appeal against an appealable adverse action with the Merit Systems Protection 

Board (MSPB) over which MSPB has jurisdiction and/or the right to file a negotiated 

grievance, as applicable and appropriate. An individual who chooses to pursue statutory or 

collective bargaining remedies for denial of reasonable accommodation must: 

• For an EEO complaint: Initiate contact with an EEO counselor pursuant to 29 CFR. §

1614.106 within 45 calendar days from receipt of the denial notification, regardless of

whether the applicant or employee participates in an informal dispute resolution process.

• For a collective bargaining claim: File a written grievance in accordance with the

provisions of the applicable Collective Bargaining Agreement.

• For an appeal over which the MSPB has jurisdiction: Initiate an appeal to the MSPB

within 30 calendar days of the appealable action as defined in 5 CFR § 1201.3.

For prompt reconsideration of denied requests for reasonable accommodation, individuals are 

encouraged to use the informal dispute resolution processes outlined in D and E below. 

D. Reconsideration Phase:

In the reconsideration phase, the employee or applicant who disagrees with the decision to 

deny the requested accommodation or who disagrees that an alternative accommodation is 

effective, may submit a written request for reconsideration of the Deciding Official’s 
14

decision within 20 business days from receipt of the written denial notification or from 

receipt of the offer of an alternative accommodation. Requests for reconsideration must 

include the reason for the request for reconsideration and any new information and/or 

documents in support of the request, along with the specific form of reasonable 

accommodation requested. 

The Deciding Official’s written response to the request for reconsideration shall be provided

no more than 10 business days from receipt of the request or receipt of additional 

information. Failure to provide additional documentation at the time of the request could 

impact the reconsideration decision and outcome. Invoking the reconsideration process does 

not toll or extend the mandatory time limits for initiating an EEO complaint, an MSPB 

appeal, or other grievance procedures. 

E. Appeal Phase:

If reconsideration does not result in a reversal of the initial decision, the employee or 

applicant may appeal the decision in writing to the next level of management within 10 

business days from the date of the reconsideration decision. The employee or applicant 

must provide all previously submitted documents and decision memorandum. Appeal 

requests must include the reason for the appeal request and any new information and/or 

documents in support of the request, along with the specific form of reasonable 

accommodation requested. The employee or applicant may provide additional information 

in support of the appeal. 

The written decision on the appeal shall be provided no more than 10 business days

from receipt of the appeal or receipt of additional information. There is no higher level 

of appeal of this phase provided for in these procedures. Invoking the reconsideration or 

appeal process does not toll or extend the mandatory time limits for initiating an EEO 

complaint, MSPB appeal, or other grievance procedures. 

9. Special Considerations for Medical Documents. Medical documents must be protected as

required by the Rehabilitation Act and the Privacy Act. It is expected that the Deciding Official,

SHRO, and ELLU will have access to medical documents necessary to consider the reasonable

accommodation request. At the request of the Deciding Official, other individuals, such as the

DOI Medical Officer, may be granted access to medical information if those individuals need

access to the information to provide guidance or consultative services to the Deciding Official.

Where medical information is disclosed, those individuals to whom the information was 

released shall be informed that the information is confidential and covered by various federal 

laws and executive orders. 

While medical documents, when necessary, are expected to be part of the process, once

received, they must be separated from other documents, placed in a sealed envelope 

marked " Rehabilitation Act/Privacy Act documents," and maintained in a secure storage 

separate from the official personnel files maintained by the agency. 

All requests for, and provision of, reasonable accommodations and associated documents are 

confidential and must be appropriately protected from disclosure in accordance with applicable 

laws and regulations. Individuals who have access to information necessary to make a decisions 
15

about whether to grant a requested accommodation may not disclose this information except as 

follows:

• Supervisors and managers who need to know may be told about necessary

restrictions on the work or duties of the employee and about the necessary

accommodation(s);

• First aid and safety personnel may be told if the disability might require emergency

treatment;

• Government officials may be given information necessary to investigation the

agency’s compliance with the Rehabilitation Act;

• The information may in certain circumstances be disclosed to workers’ compensation

offices or insurance carriers; and

• Agency EEO Officials may be given the information to maintain records and

evaluate and report on the agency’s performance in processing reasonable

accommodation requests.

Where medical information is disclosed to any of the foregoing officials, the agency must 

inform those individuals about the confidentiality requirements associated with the 

information. 

10. Alternative Dispute Resolution. In addition to the SHRO and DPM, resources such as

CADR are available to help ensure productive communication. Alternative Dispute

Resolution (ADR) may be utilized throughout the reasonable accommodation process, to

include the reconsideration and appeal phases. In the event an employee opts for ADR, the

timeframes specified in Table 1 are suspended until the ADR process has concluded.

11. Decision-Making Authority. Once an accommodation has been granted by the

Deciding Official, that decision is considered to be made on behalf of the agency. If, in the

future, there is a change in the accommodated individual’s chain of command, the

accommodation will generally remain in place. A new supervisor in the accommodated

individual’s chain of command cannot request that the individual resubmit their request for

accommodation for approval.

Supervisors should periodically assess the effectiveness of the provided accommodation. 

Deciding Officials should encourage employees to notify them if an accommodation is no 

longer effective (e.g., changes in the employee’s limitations, changes to the essential duties, 

workplace equipment, etc.). If an accommodation is no longer effective, the employee and 

Deciding Official should promptly reengage in the interactive process Such notice by the 

requestor retriggers the timeframes and obligations outlined in this policy and may 

necessitate additional documentation. 

12. Time Limits. Every effort must be made to ensure that the time limits outlined in this

policy (See Table 1) are strictly adhered to. Any deviation from these time limits must be

justifiable, clearly explained, and noted. Moreover, the Deciding Official must notify the

individual of the reason for the delay, including any extenuating circumstances that justify

the delay.
16

Table 1 – Time Limits

Action Due Date*

Acknowledging receipt of a verbal or written 

request for accommodation

5 business days from receipt of the request by 

the Deciding Official

Forwarding reasonable accommodation

requests to the Deciding Official and the 

SHRO if received by another agency official

5 business days from receipt of the request

Engaging in the Interactive Process 5 business days from receipt of the request

Decision memo provided to requestor when 

no medical documents are required 

15 business days from receipt of request by 

Deciding Official

Decision memo provided to requestor when 

medical documents are required

15 business days from date sufficient medical

documentation is received 

Information Tracking and Reporting form

provided from the Deciding Official to the 

SHRO

10 business days from the decision

Implementation of approved accommodation 20 business days from decision

Notification of delayed implementation of an 

approved accommodation

Every 10 business days until fully implemented

Individual request for reconsideration of 

decision 

20 business days from receipt of written denial 

notification

Decision on a request for reconsideration 10 business days from receipt of the request

Individual appeal of decision on requested 

reconsideration

10 business days from reconsideration decision

notification

Decision on an appeal of a reconsideration 

decision

10 business days from receipt of request

*In the event an employee elects to use ADR, the timeframes for responding to a request for

accommodation, processing a request for reconsideration of reasonable accommodation decision,

and processing reasonable accommodation appeals are suspended until the ADR process has

concluded.

The timeframe outlined above excludes the time spent waiting for necessary medical information

from the requestor’s health care provider. Medical documentation should generally be provided 

within 15 calendar days, unless an extension is requested and granted. Medical documentation not 

received in a timely manner may result in a decision based upon existing information.
17

Notwithstanding the timeframes prescribed by these procedures, some accommodations can 

be provided in less time. In instances where reasonable accommodations can be provided in 

less time than prescribed in these procedures, Bureaus shall make every effort to do so. 

Failure to provide an accommodation in a prompt manner may result in a violation of the 

Rehabilitation Act.

13. Types of Reasonable Accommodation. Reasonable accommodations must be effective and

reasonable based on the individualized needs of the requestor. The Deciding Official should

consider a broad range of options to appropriately accommodate the requestor. Employees and

applicants are entitled to effective and reasonable accommodations, but not necessarily to the

accommodation of their choice. Accommodations shall not include changing the essential

functions of a job. Accommodations shall not expose an employee, co-worker or the public to an

undue risk of harm and in some cases, may require a direct threat analysis if the employee is

serving in an arduous or hazardous position (see section 15).

The need for accommodation can be reduced if Bureaus implement practices that reduce barriers 

to effective workplace practices and job design. Bureaus should consider establishing a central 

pool of readers and interpreters and implementing funding mechanisms that will avoid charging 

individual offices for the cost of accommodations. Bureaus are expected to limit impediments 

that may cause unnecessary delay in providing reasonable accommodation, by reviewing and 

modifying, in advance of a specific request, policies that might affect the Bureau’s ability to 

respond promptly to requests for reasonable accommodation (e.g., purchasing or leasing

equipment; hiring of, or contracting for, readers, interpreters, or other assistants; flexibility to 

approve leave or to restructure work schedules). 

Expense may be a factor when considering the reasonableness of a requested accommodation. 

For example, if both a special piece of hardware and a specialized software program can provide 

a reasonable and effective accommodation, the less expensive alternative will normally be 

provided. 

Examples of reasonable accommodation include, but are not limited to: 

• Making existing facilities readily accessible to and usable by a person with a disability

• Job restructuring (does not include changing the essential duties of the position),

including part-time or modified work schedules

• Acquisition or modification of equipment or devices

• Appropriate adjustment or modification of examinations (does not include changing

examination questions)

• Provision of readers and interpreters

• Telework (and other work schedule flexibilities)

• Accommodations for meetings, conferences, training and seminars (e.g., interpreters,

specific seating arrangements, tables that accommodate wheelchairs)

• Reassignment (as a last resort)

Examples of accommodation requests that would not be considered reasonable include, but are 

not limited to: 

• Eliminating essential job functions (i.e., fundamental duties of the position)
18

• Lowering standards (qualitative or quantitative) that are applied uniformly to employees

with and without disabilities (though a reasonable accommodation may be provided to

enable an employee with a disability to meet the standard)

• Creating a new job or position

• Allowing or ignoring inappropriate conduct

• Providing personal use items such as prosthetic limbs, wheelchairs, prescription

eyeglasses, personal hearing aids, or similar devices, which are needed to accomplish

daily activities both on and off the job

14. Undue Hardship Determinations. An undue hardship occurs if the requested

accommodation causes significant difficulty or expense for the Department. If a particular

accommodation causes undue hardship, DOI does not have to provide it. Determination of

undue hardship is always made on a case-by-case basis. This determination will include

consideration of such factors as: 1) nature and cost of the accommodation; 2) overall size of

the program with respect to the number of employees, number and type of facilities, and size

of budget; and 3) the type of operation, including composition and structure of the

workforce.

When considering whether an accommodation presents an undue hardship, the hardship 

must exist for the Department—not, just the Bureau. If the Deciding Official believes 

an undue hardship exists, they shall contact the SHRO who, in turn, shall coordinate with 

the Department’s Reasonable Accommodation Program Manager, who is responsible for 

coordinating requests for undue hardship at the Department level. 

The Bureau shall submit a justification in writing outlining the undue hardship through the 

Department’s Reasonable Accommodation Program Manager to a deciding committee that 

includes the DAS-HCD/CHCO; the Director, ODICR; and the Director, Financial 

Management who will determine if the undue hardship exists at the Department level. A 

representative from ELLU shall advise the committee and review the decision prior to the 

committee issuing a final determination. 

15. Direct Threat. A direct threat analysis must be conducted by the Deciding Official

whenever there is a reasonable belief, based on objective evidence that an employee’s (or

applicant’s) medical condition results in a risk of substantial harm to the employee, their coworkers or to the public. Deciding Officials performing a direct threat analysis must consult with

ELLU and the DOI Medical Officer through the SHRO.

Objective evidence is reliable information, either directly observed or provided by a third party, 

such as a physician, that an employee may have or has a medical condition that will result in a 

direct threat. Direct threat determinations must be based on an individualized assessment of the 

individual’s present ability to safely perform the essential functions of the job, considering a 

reasonable medical judgment relying on the most current medical knowledge and/or best 

available objective evidence. It should not be based on subjective perceptions, irrational fears, 

stereotypical or patronizing assumptions and must consider potential reasonable 

accommodations. Generalized fears about risks from the employment environment such as 

exacerbation of the disability caused by stress, cannot be used to disqualify an individual with a 

disability. 

If there is reasonable belief that an employee’s medical condition or a reasonable 
19

accommodation exposes the employee or others to significant risk of harm, the following criteria 

shall be included and documented in the analysis: 1) the duration of the risk, 2) the nature and 

severity of the potential harm, 3) the likelihood that the potential harm will occur, and 4) the 

imminence of the potential harm. It is highly recommended that Bureau/Office Safety and Health 

professionals be included in these deliberations. 

Relevant evidence may include input from the individual with a disability, the experience of the 

individual with a disability in previous similar positions, and opinions of medical doctors, 

rehabilitation counselors, or physical therapists who have expertise in the disability involved 

and/or direct knowledge of the individual with the disability. 

If performing the particular functions of a job results in a significant risk of substantial harm to 

the individual or to others, the employee shall not continue to perform their duties unless a 

reasonable accommodation that would not cause an undue hardship can decrease the risk of harm 

to an acceptable level.

A direct threat analysis may be necessary for positions that are covered under U.S. Office of 

Personnel Management approved medical standards, including, but not limited to, law 

enforcement officers, firefighters, inspectors, divers, tower climbers, and large vessel 

crewmembers. Other positions where a direct threat analysis may be necessary include positions 

that have significant physical requirements. Examples of such positions include, but are not 

limited to, those that require working in remote areas (with limited access to medical care), 

hiking, driving vehicles and equipment, long and/or unpredictable duty hours, and/or exposure to 

extreme environmental conditions. This latter category of positions includes, but is not limited 

to, those that require outdoor work, which includes positions such as field biologists, trail 

maintenance workers, interpretive rangers, and hydrologic technicians. 

If an individual poses a direct threat as a result of a disability, the Deciding Official must 

determine whether a reasonable accommodation would either eliminate the risk or reduce

the risk to an acceptable level. If no accommodation exists that would either eliminate or 

reduce the risk to an acceptable level, the Deciding Official may refuse to hire an applicant 

or may seek reassignment as a last resort accommodation for an employee whose disability

poses a direct threat. A Deciding Official, however, is not permitted to deny an employment 

opportunity to an individual with a disability merely because of a slightly increased risk. 

The risk can only be considered when it poses a significant risk, i.e., high probability of 

substantial harm - a speculative or remote risk is insufficient to determine a direct threat.

16. Reassignment as a Last Resort. In certain situations, qualified employees with disabilities

may be eligible for job reassignment (reassignment) as a last resort form of accommodation.

Reassignments should only be considered after it has been determined that:

• There are no available and effective accommodations that will enable the employee to

perform the essential functions of their current position, or

• All other available and effective reasonable accommodations would impose an undue

hardship for the Department.

• Reassignment may also be a reasonable accommodation when both the employer and

employee agree that this is more appropriate than accommodation in the present job.
20

Reassignment must be considered even if not specifically requested. Reassignment to an

available, vacant, funded position must be provided, absent an undue hardship, to an employee 

who, because of a disability, can no longer perform the essential functions of the position held, 

with or without a reasonable accommodation. Reassignment is not available to job applicants – 

only to current employees.

Before considering reassignment, the Deciding Official and Bureau must first consider those 

reasonable (e.g., feasible and effective) accommodations that would enable an employee to 

remain in their current position. An individual with a disability is not required to accept, and DOI 

is not required to offer, a reassignment if there is an effective accommodation that would allow 

the individual to remain in their current job without causing an undue hardship. 

Reassignment may be made only to an available, vacant, funded position for which the employee 

is qualified. This may include both equivalent positions (i.e., same grade with no further 

promotion potential) and non-equivalent positions (i.e., lower graded position with promotion 

potential no higher than full performance level (FPL) of employee’s current position) based on 

the employee’s stated preferences. The term “vacant, funded position” includes positions that are 

actually vacant, as well as positions that Bureau management or the SHRO reasonably anticipate 

will become vacant and funded in a reasonable period of time—generally, no more than 30 

calendar days. 

Reassignment must be made in accordance with the DOI Merit Promotion Plan and 5 CFR § 

335. Reassignment must not require competitive procedures, (i.e., must not be made to a position

with a higher FPL than previously held on a permanent basis in the competitive service).

Prior to initiating any reassignment searches, the SHRO shall review the employee’s current PD

and obtain an updated resume from the employee (including relevant education). The SHRO will 

also provide the employee with the Employee Questionnaire for Reassignment (“Questionnaire”) 

to complete. Employees are encouraged to complete and return the Questionnaire to the SHRO 

within 7 business days of receipt. The questionnaire identifies relevant information that the 

SHRO shall use to facilitate acceptable searches for available, vacant, funded position(s) based 

on the employee’s stated preferences. The Checklist - HR Search for Vacant Position(s)

(“Checklist”) documents the SHRO searches and must be completed by the SHRO to ensure all 

appropriate actions have been completed and are properly documented. 

A. Conducting an Initial Search: The initial 30 calendar day search, conducted by the

SHRO, should focus first on equivalent positions, and then, depending on the parameters

outlined on the Questionnaire, any non-equivalent positions within the employee’s

current Bureau. Following the initial search period, the SHRO will review all positions

identified during the search. The order of consideration is first the most comparable

position to that of the employee’s current position (i.e., first, an equivalent position in the

employee’s current geographic area if available; if not, next would be an equivalent

position(s) outside the employee’s current geographic area if available; if not, and if

acceptable to the employee any nonequivalent position within or outside of the current

geographic area). If more than one position is identified, the SHRO shall confer with the

employee regarding their preference.

B. Conducting an Expanded Search: Only if the initial search yields no position(s), should

an expanded search be conducted outside of the employee’s current Bureau. The
21

expanded 30 calendar day search should focus first on equivalent positions outside of 

the employee’s current Bureau, and then, depending on the parameters outlined on the 

Questionnaire, any non-equivalent positions outside of the employee’s current Bureau. 

Following the expanded search period, the SHRO will review all positions identified 

during the search. The order of consideration is first the most comparable position to that 

of the employee’s current position (i.e., first, an equivalent position in the employee’s 

current geographic area if available; if not, next would be an equivalent position(s) 

outside the employee’s current geographic area if available; if not, and if acceptable to 

the employee any nonequivalent position within or outside of the current geographic 

area). If a position is identified, the gaining SHRO and the employee’s current SHRO 

should work together to determine qualifications. If more than one position is identified, 

the SHRO shall confer with the employee regarding their preference. 

Employees are not required to compete for a position identified as part of any reassignment 

efforts, except in the case of a promotion; however, the employee must be qualified for and able 

to perform, either with or without reasonable accommodation, the essential functions of the 

vacant, funded position that is available for reassignment. Any offer of placement in a vacant, 

funded position will be made in writing and shall address the unique circumstances of the 

particular accommodation request. In addition, the offer must specify the consequences of 

declining an offer of reassignment. The employee shall respond to an offer of reassignment 

within 10 business days of receipt. Declination of an offer of reassignment will cancel any 

further consideration of reassignment as a reasonable accommodation. 

Reassignment must be considered as an accommodation prior to terminating or removing an 

individual that cannot be accommodated. If an employee needs a reasonable accommodation to 

perform an essential function or to eliminate a direct threat and refuses to accept an effective 

accommodation (including reassignment), the employee may not be qualified to remain in the 

position and may be subject to removal or termination. DOI is considered to have fulfilled its 

obligation to consider reassignment if the employee declines an offer of Reassignment OR if the 

searches have concluded without identifying any potential positions. 

DOI RAB: The DOI RAB may be initiated by the SHRO conducting the expanded search in the 

case of Inter-Bureau conflict regarding reassignment but only after ELLU has been consulted on 

the conflict. Every effort must be made to resolve placement conflicts prior to requesting a DOI 

RAB referral. If a vacant, funded position is identified in another Bureau and the Bureau SHROs, 

along with management, are unable to reach agreement regarding if or where the employee will 

be reassigned; the vacant, funded position must be placed on hold and may not be filled until a 

final determination is made by the DOI RAB. 

SHRO requests for a referral to the DOI RAB must be made through the Department Reasonable

Accommodation Program Manager and must include a memorandum from each of the involved 

SHROs and addressed to the Reasonable Accommodation Program Manager 

outlining/providing: 

• The reason the employee’s Bureau cannot provide an effective reasonable

accommodation as well as all remedies and solutions the Bureau explored

• A statement from the Bureau(s) where vacant, funded position exists and the reasons

why reassignment of the employee to that position is not appropriate or feasible

• A listing of dates and milestones pertaining to the request for reasonable
22

accommodation 

• Documentation of the initial and, if appropriate, expanded search conducted;

• A copy of the employee’s current PD

• A list of the vacant, funded position(s) for which the SHRO believes the employee is

qualified

• The employee’s current resume, most recent SF-50 and performance evaluation

• Any other pertinent information, (e.g., medical officer correspondence)

• A copy of the PD of any appropriate, vacant, funded position(s) identified by the

employee’s SHRO

The Department Reasonable Accommodation Program Manager will review the request

to ensure that it includes the necessary information and documentation and will submit

the request to the DOI RAB to make an appropriate recommendation. Incomplete or 

insufficient requests will be returned to the Bureau SHROs. If the Bureau in which the 

vacant, funded position is located fails to cooperate in the preparation of appropriate 

memorandum requesting referral to the RAB, that Bureau will be deemed to concur 

with the statement of the employee’s Bureau. 

Once all required information and documentation is received, the Deputy Chief Human 

Capital Officer (DCHCO)/Director, Office of Human Capital (OHC) shall convene the 

DOI RAB. The DOI RAB shall consist of the following members: the DCHCO/OHC 

Director, a representative from CADR, a representative from ELLU, and a representative 

from ODICR. The DOI RAB shall convene within 10 business days of receipt of all 

required information and documentation. Within 5 business days of convening, the DOI 

RAB shall make a recommendation to the CHCO/DAS-HCD. The CHCO/DAS-HCD 

shall make the determination as to where the employee should be reassigned, based on 

the recommendation of the DOI RAB within 5 business days of receipt of the RAB’s 

recommendation. The CHCO/DAS-HCD may delegate the authority to make this 

decision. The decision of the CHCO/DAS-HCD is final and binding and there is no 

right to reconsideration or appeal.

17. Implementation. Every attempt must be made to implement an approved reasonable

accommodation in as short of a time as possible barring any extenuating circumstances.

Extenuating circumstances are factors that could not reasonably have been anticipated or

avoided in advance of the request for accommodation. These may include, but are not

limited to, situations in which equipment is on back order, the vendor typically used by the

organization has unexpectedly gone out of business, or the accommodation requires

restructuring facilities. In such case, an interim accommodation as explained in section 8

may be considered temporarily until such time that the permanent accommodation can be

implemented.

18. Monitoring Accommodations. An important part of the reasonable accommodation

process is monitoring accommodations after they are in place. Because changes occur,

supervisors may need to periodically check the effectiveness of implemented

accommodations. For example, an accommodation may stop being effective if there are

changes in the employee’s limitations, workplace equipment, or the work itself. The most

effective way for supervisors to monitor accommodations is to maintain interactive

communication with the employee.
23

19. Recertification of Reasonable Accommodations Granted. Supervisors generally

cannot require that an individual with a permanent or long-term disability recertify the need

for an accommodation that has been granted. A request to recertify should only be made in

limited circumstances and only if there is a valid reason, e.g., if the individual’s medical

condition changes or if a change in circumstances creates a new or unexpected undue

hardship. The supervisor must consult with the SHRO prior to requesting recertification. If

an individual with a temporary limitation or disability was granted a temporary

accommodation and the communication with the individual clearly stated that the

accommodation was temporary, a request for recertification is permissible.

20. Information Tracking and Reporting. The SHRO is responsible for maintaining

records that may be used to determine compliance with the nondiscrimination and

affirmative action requirements imposed under Section 501 of the Rehabilitation Act of

1973, and to make such records available to the Department and/or the Equal Employment

Opportunity Commission (EEOC), upon request, to ensure compliance with these

Procedures and the Rehabilitation Act. Individuals may contact their SHRO or Deciding

Official for the status of their accommodation request.

21. Resources. The resources outlined below are not all inclusive, but rather are some of the

many resources available relative to assistive technology and accessibility. The SHRO

and/or DPM may be aware of additional resources.

a. Job Accommodation Network (JAN)

JAN is funded by a contract from the U.S. Department of Labor, Office of

Disability Employment Policy (ODEP) and serves as the leading source of

free, expert, and confidential guidance on workplace accommodations and

disability employment issues.

b. Registry of Interpreters for the Deaf, Inc. (RID)

RID provides a searchable database for interpretive and transliteration

services.

c. FCC Telecommunications Relay Services (TRS)

Allows persons who are deaf, hard of hearing, deafblind, or have speech

disabilities to communicate by telephone in a manner that is functionally

equivalent to telephone services used by persons without such disabilities.

d. RESNA Technical Assistance Project

RESNA, the Rehabilitation Engineering and Assistive Technology Society of

North America, can refer individuals to projects in all 50 states and the six

territories offering technical assistance on technology-related services for

individuals with disabilities.

e. EEOC Enforcement Guidance on Reasonable Accommodation and

Undue Hardship under the ADA

Clarifies the rights and responsibilities of employers and individuals with

disabilities regarding reasonable accommodation and undue hardship.

f. GSA Schedule, Professional Services-Language Services
24

Translation and interpretation services include services to facilitate 

communications with and by persons who are visually or hearing impaired. 

22. Labor-Management Obligations. Bureaus/Offices are reminded to fulfill their labormanagement obligations, as appropriate, in implementing the requirements set forth in this PB.

23. Inquiries. Any Department employee or employee representative seeking further

information concerning this policy may contact their SHRO. SHROs may contact the

Department’s Office of Human Capital concerning questions related to this policy.

Jennifer A. Ackerman 

Director, Office of Human Capital 

Deputy Chief Human Capital Officer 

Attachments
25

DI-6513

REASONABLE ACCOMMODATION

REQUEST CONFIRMATION FORM

This form is only used to track reasonable accommodation requests. 

SECTION 1. 

Applicant or Employee Name: ___________________________________________________ 

Applicant or Employee Telephone: _______________________________________________ 

Applicant or Employee Email: ___________________________________________________ 

Today’s Date: _________________________ Date of Request: _________________________ 

SECTION 2.

Accommodation Requested. (Be as specific as possible, e.g., adaptive equipment, reader, 

interpreter)

____________________________________________________________________________ 

____________________________________________________________________________ 

____________________________________________________________________________ 

SECTION 3.

Reason for Request.

____________________________________________________________________________ 

____________________________________________________________________________ 

____________________________________________________________________________ 

If accommodation request is time sensitive, please explain: 

____________________________________________________________________________ 

____________________________________________________________________________ 

____________________________________________________________________________ 

Applicant Requests: Must be sent to the agency contact identified in the vacancy announcement. 

Employees Requests: Must be sent to your supervisor, a management official in your chain of 

command, the Servicing Human Resources Office (SHRO), the Disability Program Manager (DPM) 

or any other management official. 

Additional information (including medical documentation) reasonably needed to process the accommodation 

request may be sought during the interactive process. No additional information should be captured on the 

Request Confirmation form. 
26

DI-6512

INFORMATION TRACKING AND REPORTING FORM

This form is to be completed by the Deciding Official and submitted it to the Bureau SHRO within 

10 business days of the decision along with all information received during the processing of the 

reasonable accommodation request. 

1. Name of individual requesting reasonable accommodation: ___________________________

2. Office of requesting individual: _________________________________________________

3. Date reasonable accommodation request received: __________________________________

4. Who received request: ________________________________________________________

5. Job held by employee or in the case of an applicant request, job desired in requesting reasonable

accommodation (including occupational series, grade level, and office):

______________________________________________________________________________

6. Reasonable accommodation needed for: (check one)

______ modifications or adjustments to a job application process that enable a qualified 

applicant with a disability to be considered for a job 

______ modifications or adjustments to enable a qualified individual with a disability to 

perform the essential functions of the job or accessing the work environment 

______ modifications or adjustments that enable employees with disabilities to enjoy 

equal benefits and privileges of employment as are enjoyed by similarly situated 

employees without disabilities

7. Reasonable accommodation requested (e.g., adaptive equipment, reader or interpreter,

modified work schedule or removal of architectural barrier):

____________________________________________________________________________ 

____________________________________________________________________________ 

8. Was the request for reasonable accommodation(s) requested for a permanent disability or for a

temporary disability or limitation? ______________________________________________

9. Date reasonable accommodation request sent to Deciding Official: ____________________

10. Name of Deciding Official: ___________________________________________________

11. The requestor does ______ OR does not ______ have a disability as defined by the

Rehabilitation Act; OR no disability determination made ______ (check one).

12. Reasonable accommodation: (check one)

______ Approved 

______ Approved through _____________ (ONLY for temporary disability or limitation) 
27

DI-6512

______ Denied (attach a copy of the written denial which must explain the basis of denial) 

______ Offered an alternative accommodation (attach a detailed explanation) 

13. Date reasonable accommodation approved or denied: ______________________________

14. Describe the reasonable accommodation provided (if different from what was requested):

_____________________________________________________________________________

15. Requestor accepted ______ alternative accommodation(s) offered OR rejected some or all

______ alternative accommodation(s) offered (check one). Reason(s) provided for rejection: 

_____________________________________________________________________________ 

16. Date reasonable accommodation implemented: ___________________________________

17. If time frames outlined in the Reasonable Accommodation Procedures were not met, explain

why: _________________________________________________________________________

______________________________________________________________________________ 

18. Was medical information required to process this request? If yes, explain why. List

the documents submitted on behalf of the individual: ___________________________________

 _____________________________________________________________________________ 

_____________________________________________________________________________ 

19. Was a direct threat analysis included in the review of this request? If yes, who was involved and

list the documentation: __________________________________________________________

_____________________________________________________________________________ 

_____________________________________________________________________________ 

20. Sources of technical assistance, if any, consulted in trying to identify possible reasonable

accommodations (e.g., Job Accommodation Network, disability organization, Disability Program

Manager): ____________________________________________________________________

______________________________________________________________________________ 

21. Servicing Human Resources Office (SHRO): ______________________________________

______________________________________________________________________________ 

22. Comments: ________________________________________________________________

______________________________________________________________________________ 
28

DI-6512

Deciding Official’s Signature: ___________________________________________________ 

Date: ___________________________________ 

Phone Number: ___________________________ 

Email: __________________________________ 
29

EMPLOYEE QUESTIONNAIRE FOR REASSIGNMENT

This Employee Questionnaire for Reassignment (Questionnaire) must be returned to your Servicing 

Human Resources Office (SHRO) within 7 business days of receipt and is used to document your 

preference(s) on parameters for conducting a search for vacant position(s). Your SHRO is available to 

provide assistance with completing the form, if needed. 

You are being considered for possible reassignment as a form of last resort accommodation as discussed 

on [insert date]. The initial search will be limited to available, vacant, funded positions within the current 

Bureau and those that are anticipated to become vacant within a reasonable period of time (generally no 

more than 30 business days) and will seek the most comparable position available in terms of pay, 

grade/career level, promotion potential, status, etc., and for which you are qualified. An expanded search 

for positions outside of the current Bureau but within the Department will not be conducted if a position 

is identified in the initial search OR if you indicate you are not interested in an expanded search. 

Depending on your responses indicated in this Questionnaire, positions may include equivalent and 

nonequivalent positions both within and outside of your current geographic area. 

If you need a reasonable accommodation to perform an essential function of your position or to eliminate 

a direct threat and you decline an effective accommodation (including an offer of reassignment), you may 

not be qualified to remain in your position and may be subject to removal or termination. DOI is 

considered to have fulfilled its obligation in this case or if the search has concluded without identifying 

any potential positions. 

To enable an effective search to be conducted, you must answer the following questions. Your answers to 

these questions will determine the specific parameters of the search. If you answer “no” to any question, 

or fail to answer any question, a search for vacant, funded positions in that category will not be conducted 

and you will have waived your right to consideration for such positions as a form of reasonable 

accommodation. Therefore, you are strongly encouraged to complete this form in its entirety.

Please remember that you may choose to change or update your answers and/or choices after the job 

search starts, however any changes or updates will not extend the job search period. To make any changes 

or updates, please submit a new Questionnaire. Please note that any relocation is at your own expense. 

To assist you in making informed decisions, any offer of a vacant, funded position will be made in 

writing and will specify the consequences of rejecting the offer.

Employee Name: ______________________________________________________________

Initial Search

30-calendar day search period

1. Will you accept an equivalent position in your current Bureau in your current geographical area?

Yes No

2. Will you accept an equivalent position in your current Bureau but outside of your current geographical

area?

Yes No

3. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,

grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted

service) in your current Bureau within your current geographical area?
30

Yes No

4. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,

grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted

service) in your current Bureau but outside of your current geographical area?

Yes No

If you answered “Yes” to questions 3 or 4 above and you want to specify nonequivalent conditions such 

as the lowest acceptable grade, no temporary appointments, etc., please specify here. Otherwise, if you 

answered “Yes”, you will be considered and may be offered any nonequivalent position identified. 

_________________________________________________________________________________

_________________________________________________________________________________

Extended Search

30-calendar day search period

An extended search is only performed if the initial search did not yield any positions within the search

parameters outlined in questions 1 - 4 above. If you decline a reassignment offer for a position located in

the initial search, an extended search will not be performed.

5. Will you accept an equivalent position outside of your current Bureau but in your current geographical

area?

Yes No

6. Will you accept an equivalent position outside of your current Bureau and outside of your current

geographical area?

Yes No

7. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,

grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted

service) outside of your current Bureau but in your current geographical area?

Yes No

8. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,

grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted

service) outside of your current Bureau and outside of your current geographical area?

If you answered “Yes” to question 7 or 8 above, please state any geographic areas to which you would not

consider relocating to accept a vacant position. Otherwise, if you answered “Yes”, you will be considered

and may be offered any nonequivalent position identified in any geographic area. 

_________________________________________________________________________________

_________________________________________________________________________________

If you fail to respond to the questions above, the search for a vacant, funded position will be limited to 

and initial search for equivalent positions within the current Bureau and current geographic area.
31

My signature below acknowledges my receipt and review of the parameters for conducting a search for 

reassignment opportunities as part of the reasonable accommodation process. 

__________________________________________ _________________

Employee Signature Date

__________________________________________ __________________

Current Supervisor Signature Date

_________________________________________ __________________

SHRO Signature Date
32

CHECKLIST - HR SEARCH FOR VACANT POSITION(S)

Servicing Human Resources Office (SHRO) shall use this checklist to document reasonable 

accommodation reassignment search efforts. 

1. Employee’s Name: ____________________________________________________

2. Employee's Current Position: _____________________________________________

Bureau/Office: __________________________________________________________

Title of Position: _________________________________________________________

Pay Plan, Series: _________________________________________________________

Grade level: _____________________________________________________________

Promotion Potential: ______________________________________________________

Location (City/State): _____________________________________________________

Work Schedule: __________________________________________________________

Other Factors (if any): ____________________________________________________

3. Date(s) Interactive Discussion with Employee________________________________

Discuss employee’s qualifications for other positions. Ask employee for updated 

resume/application, detailing all qualifying experience, including volunteer work, and 

education (attach copy of the resume/application if provided by employee). Employee 

should list prior positions held (both government and non-government, paid and 

unpaid jobs). 

Discuss search options with employee (document employee choices for geographic 

area and non-equivalent positions); attach completed Employee Questionnaire for 

Reassignment. 

List other qualifying education: ______________________________________________ 

________________________________________________________________________ 

List all series and grades/or career levels for which employee is qualified, and/or which 

employee will consider: _____________________________________________________ 

_________________________________________________________________________ 

4. Initial Search (within the current Bureau)

Date initial search began: ___________________________________________________

For each option, search first for open vacancy announcements; if none, contact Bureau

SHRO for pending vacancies within the employee’s current Bureau. Place a check mark in
33

the appropriate blocks below for each category in which a search for vacant, funded positions 

was conducted. 

For each vacant, funded position found, that is deemed viable as a potential reassignment 

opportunity, list the Bureau, pay plan, series, grade level, title, location, promotion potential, 

and work schedule. Note the contact person in the Bureau in which the position is located 

and whether there were any limitations on the position (e.g., funding, FTE, etc.). State 

whether the employee is a qualified employee with a disability (i.e., can perform the essential 

functions of the position with or without a reasonable accommodation). 

 Equivalent positions in current Bureau in the current geographic area.

Position(s) found? No Yes

If Yes, please list: ________________________________________________ 

 Equivalent positions in current Bureau outside of the current geographic area.

Position(s) found? No Yes

If Yes, please list: ________________________________________________ 

 Non-equivalent positions in current Bureau inside or outside the current geographic 

area. 

Position(s) found? No Yes 

If Yes, please list: ________________________________________________ 

5. Expanded Search (Outside the Current Bureau but within the Department)

Date expanded search began: ___________________________________________________

For each option, search first for open vacancy announcements; if none, contact Bureau

SHROs for pending vacancies outside of the employee’s current Bureau. Place a check mark

in the appropriate blocks below for each category in which a search for vacant, funded

positions was conducted.

For each vacant, funded position found, that is deemed viable as a potential reassignment

opportunity, list the Bureau, pay plan, series, grade level, title, location, promotion potential,

and work schedule. Note the contact person in the Bureau in which the position is located and

whether there were any limitations on the position (e.g., funding, FTE, etc.). State whether the

employee is a qualified employee with a disability (i.e., can perform the essential functions of

the position with or without a reasonable accommodation).

____ Equivalent positions in other Bureau(s) in the current geographic area.

Position(s) found? No Yes 
34

If Yes, please list: ________________________________________________ 

____ Equivalent positions in other Bureau(s) outside the current geographic area. 

Position(s) found? No Yes 

If Yes, please list: ________________________________________________ 

____ Non-equivalent positions within other Bureau(s) inside or outside the current 

geographic area. 

Position(s) found? No Yes 

If Yes, please list: ________________________________________________ 

____ Equivalent positions in other geographic areas within other Bureaus.

Position(s) found? No Yes

If Yes, please list: ________________________________________________ 

____ Non-equivalent positions in other geographic areas within the employing Bureau. 

Position(s) found? No Yes

If Yes, please list: ________________________________________________ 

____ Non-equivalent positions in other geographic areas within other Bureaus.

Position(s) found No Yes 

If Yes, please list: ________________________________________________ 

6. Position Offer:

Employee was offered the following position, in writing (attach copy of offer):

____________________________________________________________________

Date of offer: _________________________________________________________

Date employee decision due by: __________________________________________

7. Position Acceptance/Declination:

Employee accepted the following position: _________________________________

Date of acceptance: ____________________________________________________
35

EOD date for new position: _____________________________________________ 

Employee declined offer: _____________________________________________ 

Date of declination: ___________________________________________________ 

____________________________________________ ________________ 

SHRO Specialist Date

Date reassignment efforts closed: ___________________________________________