Discrimination

GAO prohibits discrimination based on an individual’s race, color, national origin, religion, age (40 or over), sex (including pregnancy, sexual orientation, and gender identity), disability, genetic information, marital status, or political affiliation, and retaliation for protected equal employment opportunity activity. GAO employees, former employees, and applicants for employment can file claims in two forums: GAO’s Office of Opportunity & Inclusiveness (O&I) or the Personnel Appeals Board Office of General Counsel (PAB/OGC). Forum selection depends on both the type of claim (e.g., race discrimination, age discrimination, political affiliation discrimination, retaliation, etc.) and the form of the personnel action at issue (e.g., removal, suspension for more than 14 days, etc.).

Employees covered by the collective bargaining agreement between GAO and the GAO Employees Organization, IFPTE Local 1921, may be permitted to grieve matters involving prohibited discrimination through the negotiated grievance procedure. If the negotiated grievance procedure permits an employee to file a grievance challenging the alleged discrimination, the employee may raise the matter either under the negotiated grievance procedure or under the PAB’s procedures, but not both. Questions regarding an employee’s rights and remedies under the collective bargaining agreement should be directed to the GAO Employees Organization.

Discrimination on the Basis of Race, Color, National Origin, Religion, Age, Sex, Disability, or Genetic Information

Claims alleging discrimination on the basis of race, color, national origin, religion, age (40 or over), sex (including pregnancy, sexual orientation, and gender identity), disability, or genetic information that do not involve a removal, a reduction in grade or pay, a suspension for more than 14 days, or a furlough of not more than 30 days must first be filed with O&I before filing with the PAB/OGC. Information on how to file with O&I, including applicable filing deadlines, is available in GAO Order 2713.2, Discrimination Complaint Resolution Process (December 14, 2022). If a formal discrimination complaint is filed with O&I, and O&I dismisses all or part of the complaint or O&I issues a final decision on the complaint, an individual may request that the PAB/OGC conduct its own investigation into the same matter by filing a Charge with the PAB/OGC within 30 days of receipt of the dismissal or final decision. An individual may also file a Charge with the PAB/OGC if O&I does not issue a final decision on a discrimination complaint within 120 days from the filing of the complaint. In such cases, the O&I investigation then would be closed.

Additional Reporting Options for Harassing Conduct Claims

GAO’s Anti-Harassment Policy allows employees to report harassing conduct to GAO through such sources as the GAO Harassing Conduct Reporting Portal and the GAO Harassing Conduct Reporting Hotline. The policy investigation process that happens when a report of harassing conduct is submitted through the GAO Harassing Conduct Reporting Portal and the GAO Harassing Conduct Reporting Hotline is separate and distinct from the discrimination complaint process in GAO Order 2713.2, Discrimination Complaint Resolution Process (December 14, 2022). Therefore, the submission of a report of harassing conduct through such sources as the GAO Harassing Conduct Reporting Portal and the GAO Harassing Conduct Reporting Hotline is not the same as, or a substitute for, filing a discrimination complaint alleging harassment with O&I or a Charge of discrimination with the PAB/OGC.

Retaliation for Protected Equal Employment Opportunity Activities

GAO prohibits retaliation for engaging in protected equal employment opportunity activities. Protected equal employment opportunity activities include opposing any practice made unlawful by the applicable equal employment opportunity statutes referenced in GAO Order 2713.2, Discrimination Complaint Resolution Process (December 14, 2022), or for participating in any stage of administrative or judicial proceedings under the applicable statutes. Individuals who believe they have been subjected to retaliation on the basis of their protected equal employment activities, and want to file a charge with the PAB/OGC, should contact the PAB/OGC for additional information regarding filing procedures.

Discrimination Based on Marital Status or Political Affiliation

Discrimination claims based on marital status or political affiliation involving any form of personnel action can only be filed with the PAB/OGC. Such claims must usually be filed within 30 days from the date the individual knew or should have known about the discrimination.

Special Rule involving Age Discrimination Claims

An employee, former employee, or applicant for employment who believes that he or she has been subjected to discrimination on the basis of age (40 or older) under the Age Discrimination in Employment Act is not required to file a complaint with O&I prior to filing a complaint with an appropriate United States District Court. Filers must give GAO at least 30 days’ notice of the intent to file prior to filing with a United States District Court.