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The Unique Role of the U.S. Office of Special Counsel in Protecting the Rights of

The Unique Role of the U.S. Office of Special Counsel in Protecting the Rights of Lesbian, Gay, Bisexual, and Transgender Employees in the Federal Workplace. Addressing Sexual Orientation and Gender Identity Discrimination.

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The Unique Role of the U.S. Office of Special Counsel in Protecting the Rights of

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  1. The Unique Role of the U.S. Office of Special Counsel in Protecting the Rights of Lesbian, Gay, Bisexual, and Transgender Employees in the Federal Workplace

  2. Addressing Sexual Orientation and Gender Identity Discrimination • Complaints of discrimination (including harassment) based on sexual orientation or gender identity may be made to all of the following: • Your supervisor or manager; • The Agency’s Equal Employment Opportunity Office; and • The U.S. Office of Special Counsel.

  3. U.S. Office of Special Counsel (OSC) • OSC is an independent federal investigative and prosecutorial agency charged with safeguarding the merit system by protecting federal employees and applicants from prohibited personnel practices (PPPs). • OSC receives about 3,000 PPP complaints from federal workers each year, of which a small fraction deal with discrimination based on sexual orientation or gender identity.

  4. PPP Complaints of Sexual Orientationor Gender Identity Discrimination • Federal employees and applicants may file PPP complaints of discrimination based on sexual orientation or gender identity under two separate provisions: • Discrimination based on … sex. 5 U.S.C. § 2302(b)(1). • Discrimination based on conduct that does not adversely affect job performance. 5 U.S.C. § 2302(b)(10).

  5. PPP Complaints of Sexual Orientationor Gender Identity Discrimination • Features of OSC’s PPP Complaint Process • OSC has authority to investigate and prosecute PPP complaints; • OSC can seek stays of personnel actions against complainants while investigations are pending; • OSC can obtain full corrective action for complainants; • OSC can seek disciplinary action against alleged wrongdoers; and • No statute of limitations to file complaints with OSC. • To file a PPP complaint with OSC, or raise questions or concerns about the PPP process, please call (800) 872-9855 or visit OSC’s website at www.osc.gov.

  6. PPP Complaints of Sexual Orientationor Gender Identity Discrimination • Depending on the circumstances, you also may seek assistance with your PPP complaint from one of the following: • Merit Systems Protection Board (MSPB); • Agency’s Grievance Procedures; or • Union’s Negotiated Grievance Procedure. • You should review the rules and procedures specific to MSPB and your Agency and/or Union before you decide whether and how to proceed with your PPP complaint.

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