• Equal Opportunity For Public Health Service (PHS) Commissioned Officers

  • Notice to Employees
  • Regulation
  • Policy (Please note: CCI 211.03 of the Commissioned Corps Personnel Manual is a PDF file which requires Acrobat Reader. If you do not have a copy of Adobe Acrobat Reader, you may download a free copy from the Adobe web site.)
  • Overview
  • Frequently Asked Questions

  NOTICE TO EMPLOYEES: Posted by order of the Equal Employment Opportunity Commission

  REGULATION: CCI 211.03 "Equal Opportunity" of the Commissioned Corps Personnel Manual (PDF, 180kb).

  POLICY: CCI 211.03, "Equal Opportunity: Discrimination Complaints Processing,” of the Commissioned Corps Personnel Manual (PDF, 180kb).

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  OVERVIEW:

  The Secretary, Health and Human Services, mandated that all members of, and qualified applicants to, the Public Health Service (PHS) Commissioned Corps are afforded equal opportunity when considered for appointment, career development, promotion, assignments, relocation, assimilation, retention, and separation pursuant to CCI 211.03, "Equal Opportunity: Discrimination Complaints Processing,” of the Commissioned Corps Personnel Manual (PDF, 180kb).

  Every officer or applicant shall be free from any and all restraint, interference, coercion, or reprisal on the part of fellow officers or employees, supervisors, or other management officials in lodging any allegation relating to discrimination, filing or pursuing any complaint or appeal, appearing as a witness or serving as a representative or as an advisor to a complainant, or other action related thereto.

  All personnel are accountable for their actions and are responsible for preventing and reporting incidents of discrimination and/or reprisal. It is PHS Commissioned Corps policy to provide equal opportunity to all qualified professionals; to assure that there is no discrimination in the workplace based on race, color, religion, sex, national origin, or to a limited extent, age or disability; and, to resolve or adjudicate promptly and fairly all allegations relating to discrimination.

  Violations of this policy shall be brought to the attention of the appropriate manager, administrator, or EEO Officer. The equal opportunity complaint procedure is designed to correct inequities in a manner consistent with Commissioned Corps policies and procedures. To this end, officers filing complaints must identify the desired outcome. However, compensatory damages and attorney fees are not available to commissioned officers.

  An Equal Opportunity (EO) action is a written allegation of discrimination or reprisal based on race, color, religion, sex, national origin, or to a limited extent, age or disability, filed for processing, in accordance with CCI 211.03

  A flow chart for the Commissioned Corps EEO process is provided as an attached EXHIBIT to CCI 211.03

  CCI 211.03 provides guidance to Commissioned Officers seeking to initiate an equal opportunity action.

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  FREQUENTLY ASKED QUESTIONS:

  What does equal opportunity mean? That an individual will receive consideration and fair treatment based on merit and capability without regard to race, color, religion, sex, national origin, or to a limited extent, age or disability, for all members of, and applicants to, the PHS Commissioned Corps, in factors such as appointment, training, career development, and any other personnel practices that might affect the members opportunities and work environment.

  I work for the U.S. Coast Guard, where do I file an EO complaint? PHS commissioned officers detailed to the Navy, Marine Corps, Army, Air Force and Coast Guard, remain subject to the law of the Armed Forces to which detailed. EO complaints filed by these officers will be processed in accordance with the procedures of the Service to which detailed.

  I thought we were covered under anti-discrimination laws with regard to EEO complaints? On November 13, 1998, the President signed the Health Professions Education Partnerships Act of 1998 (Public Law 105-392). This law amended the PHS Act by including the following provision:

  Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for purposes of all laws relating to discrimination on the basis of race, color, sex, ethnicity, age, religion, and disability (42 U.S.C. 213(f)).

  The effect of this law is to overturn the decisions handed down in Federal court cases which held that commissioned officers of the PHS were Federal employees covered by anti-discrimination legislation.

  What is an alternative dispute resolution (ADR)? This describes a number of techniques which provide alternatives to the traditional mechanisms–negotiations and litigation–for resolving an EO conflict. These techniques are generally voluntary, consensual and convened by a neutral party.

  What is an EEO Counselor? A person who has been designated by the Health and Human Services (HHS) Operating Division or Program to assist in the informal resolution of issues relating to equal opportunity of the PHS Commissioned Corps, in factors such as appointment, training, career development, and any other personnel practices that might affect the members opportunities and work environment.

  I keep hearing the word reprisal. What does that mean? Reprisal is an unlawful act to restrain, interfere, coerce, or discriminate against an individual who is involved or participating in the discrimination complaints process.

  Do I have the right to have a representative or attorney? You may have a representative of your choosing at all stages of the pre-complaint and complaint processes. You may obtain at your own expense, legal counsel.

  What is an informal resolution process? At an officer’s request every effort will be made to resolve all allegations relating to discrimination through an informal process. Officers should seek informal resolution as soon as possible. Officers have 90 days after an offending incident or occurrence in which to reach an informal resolution, or to file a formal complaint. This time period may be extended by the EEO Officer if it appears that the case is nearing resolution. Although officers and applicants are encouraged to seek informal resolution, they are not required to do so before filing a formal complaint. The process is detailed in the INSTRUCTION.

  What does the EEO counselor do? The EEO counselor explains the complaint procedure to the complainant, informs him/her of the ADR option, and facilitates resolution. The process is detailed in the INSTRUCTION.

  Can the Commissioned Corps Liaison help me? They can provide consultation on commissioned corps policies and procedures, and assist with informal resolutions.

  What is the formal complaint process? This is a written discrimination complaint submitted to the EEO. An investigation will be conducted and the EEO Officer will prepare a legal analysis of the facts for a final decision by the Surgeon General. The process for preparing and presenting a formal complaint is detailed in the INSTRUCTION.

  Who conducts the EO investigations? These are conducted by outside investigators contracted to perform such investigations.

  After I filed an EEO complaint, I have incurred reprisal from my Program. What rights do I have? A complainant who alleges reprisal in connection with the presentation of a pending complaint under this INSTRUCTION, may add reprisal as an additional basis with the original complaint. This must be in writing, contain all pertinent facts, and be submitted to the EEO Officer within 15 days of the date of the alleged occurrence. Guidance on this procedure is detailed in the INSTRUCTION.

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  For assistance, please contact your agency EEO representative. If you have exhausted all resources available at your agency level and still need assistance, please email the Immediate Office of the Surgeon General at: Surgeon.General@hhs.gov

  Last Updated: 4/15/2024
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