ELM Revision: Diversity, Equal Employment Opportunity, and Prevention of Employment Discrimination

Effective March 2, 2017, the Postal Service is revising the Employee and Labor Relations Manual (ELM), part 670, to update the Postal Service‘s obligations to promote diversity and inclusion, to provide equal employment opportunity, and to refrain from employment discrimination.

Employee and Labor Relations Manual (ELM)

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6 Employee Relations

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[Revise the title of 670 to read as follows:]

670 Diversity, Equal Employment Opportunity, and Prevention of Employment Discrimination

671 Diversity Overview

[Revise the text of 671 to read as follows:]

All employees share responsibility for achieving the Postal Service’s goals to build a diverse and inclusive workforce in which all employees are afforded equal employment opportunity. The Postal Service believes that its efforts to achieve this goal will enhance the ability of the Postal Service and its employees to accomplish the following:

n Deliver the high level of service demanded by its customers and the competitive environment.

n Meet its responsibilities to the American public.

The Postal Service promotes:

n The diversity of its workforce. We strive to build an inclusive environment that respects the uniqueness of every individual and encourages the contributions of people from different backgrounds, experiences, and perspectives.

n Diversity and inclusion in a manner that instills confidence that employment decisions are made in accordance with our equal employment opportunity policies — where all employees are treated fairly based on merit and neither advantaged nor disadvantaged based on factors like sex, sexual orientation, age, race, religion, national origin, military service, or disability.

The Postal Service reflects strategies to achieve diversity and inclusion by providing equal employment opportunity and refraining from discrimination in the following areas:

n Recruitment.

n Selection.

n Promotion (including succession planning and opportunities for training and development).

n Retention of employees.

The Postal Service expects its executives and managers to integrate inclusive values and strategies into the Postal Service’s day-to-day personnel management.

[Revise the title of 672 to read as follows:]

672 Federal Laws and Regulations, Equal Employment Opportunity, and Prohibiting Employment Discrimination

672.1 Laws

[Revise the text of 672.1 to read as follows:]

These federal laws require the Postal Service to provide equal employment opportunity, to refrain from employment discrimination, or both:

a. Title VII of the Civil Rights Act of 1964, as amended, which provides for equal employment and prohibits discrimination based on race, color, religion, sex, or national origin.

b. The Pregnancy Discrimination Act of 1978 amended Title VII to include discrimination because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

c. The Age Discrimination in Employment Act of 1967, which prohibits employment discrimination based on age for individuals 40 and older.

d. The Rehabilitation Act of 1973, which provides for equal employment opportunity and prohibits discrimination based on disability.

e The Architectural Barriers Act of 1968, which requires the Postal Service to make its facilities accessible to individuals with disabilities.

f. The Genetic Information Nondiscrimination Act (GINA) of 2008, which prohibits discrimination based on genetic information.

g The Equal Pay Act of 1963, which prohibits discrimination in pay based on sex.

[Revise the title and text of 672.2 to read as follows:]

672.2 Equal Employment Opportunity Regulations

The Equal Employment Opportunity Commission has issued regulations and management directives that govern the Postal Service’s efforts to provide equal employment opportunity and to prevent discrimination:

a. 29 C.F.R. part 1614 governs federal sector equal employment opportunity complaints of discrimination.

b. Equal Employment Opportunity Commission Management Directive 715 provides policy guidance and standards for establishing, maintaining, and reporting on the Postal Service’s program of equal employment opportunity.

c. Equal Employment Opportunity Commission Management Directive 110 provides policy guidance and standards for processing complaints of discrimination.

[Delete 672.3 in its entirety.]

[Revise the title of 673 to read as follows:]

673 Postal Service Policy

[Revise the title and text of 673.1 to read as follows:]

673.1 General Information on Policies

Postal Service policies on diversity, equal employment opportunity, and prevention of employment and workplace harassment can be found on PolicyNet under Memorandums of Policy (MOP). To locate MOPs, go to the Postal Service’s Blue page. In the left-hand column, under “Essential Links,” click PolicyNet from the drop-down menu. Click MOPs.

[Revise the title and text of 673.2 to read as follows:]

673.2 Diversity and Inclusion Statement

The Diversity and Inclusion statement expresses:

a. The Postal Service’s overall focus on diversity and inclusion, and

b. How diversity and inclusion relates to the mission of the Postal Service.

[Renumber current 673.21 as new 673.3 and revise the title and text to read as follows:]

673.3 Equal Employment Opportunity Policy Statement

The Equal Employment Opportunity Policy Statement covers the Postal Service’s legal obligations:

a. To provide equal employment opportunity and prevent discrimination in employment, and

b. To affirm the importance of these policies to the mission of the Postal Service.

[Add new 673.4 to read as follows:]

673.4 Policy on Workplace Harassment

The Policy on Workplace Harassment covers:

a. The Postal Service’s commitment to providing a work environment free of harassment.

b. Management’s responsibility to:

(1) Prevent harassment, and

(2) Investigate complaints of harassment.

[Delete 673.22, 673.221, 673.222, and 673.223, and add new 673.5 to read as follows:]

673.5 Complaint Processes

Depending on the nature of the complaint and the status of the employee, Postal Service employees may use several processes to pursue complaints against the Postal Service for alleged violations of the Postal Service’s equal employment opportunity and anti-discrimination policies.

For more information on these processes, see sections 666.2 and 666.3, which include a process to pursue complaints for discrimination that complies with the Equal Employment Opportunity Commission’s regulations.

The Postal Service is committed to fair treatment of all its employees. Harassment and disparate treatment based on actual or perceived sexual orientation or identity are not permitted or condoned. Complaints of discrimination based on sexual orientation or identity are not permitted under Title VII of the Civil Rights Act of 1964. However, employees should report any variance from this policy to a management official at the earliest opportunity.

[Renumber current 673.3 as new 673.6 and revise the title to read as follows:]

673.6 Accountability for Diversity and Inclusion, Equal Employment Opportunity, and Prevention of Discrimination

[Renumber current 673.31 as new 673.61 and revise the text to read as follows:]

673.61 Employees

All employees are expected to treat coworkers with dignity and respect. Employees must refrain from workplace harassment or other discrimination based on the following:

n Race.

n Sex (including sexual orientation, gender identity, and gender stereotypes).

n National origin.

n Any other category protected by law or Postal Service policy.

For additional information, refer to Publication 553, Employee’s Guide to Understanding, Preventing, and Reporting Harassment.

[Renumber current 673.32 as new 673.62 and revise the text to read as follows:]

673.62 Management

All executives, managers, and supervisors share in the responsibility for the following:

a. Promoting diversity and inclusion,

b. Promoting equal employment opportunity, and

c. Preventing discrimination.

For additional information, refer to the following resources:

n Publication 552, Manager’s Guide to Understanding, Investigating, and Preventing Harassment.

n The Policy on Workplace Harassment.

n The Diversity and Inclusion Statement.

674 Organizational Responsibilities

[Revise the title and text of 674.1 to read as follows:]

674.1 Chief Human Resources Officer and Executive Vice President

The Chief Human Resources Officer (CHRO) and Executive Vice President fills the following roles:

n The Postal Service’s Equal Employment Opportunity (EEO) Director under Equal Employment Opportunity Commission regulations.

n The principal advisor to the Postmaster General and Chief Executive Officer.

Under the authority of the CHRO, the vice presidents of Employee Resource Management and Labor Relations are responsible for recommending policies and developing programs to address the following:

n Diversity and inclusion.

n Equal employment opportunity.

n The prevention of discrimination.

674.2 Functional Organizations

[Revise the title and text of 674.21 to read as follows:]

674.21 Employee Resource Management

The vice president of Employee Resource Management is responsible for overseeing the Postal Service Diversity and Inclusion Program. This encompasses national employment and diversity activities, including the following:

a. Developing equal employment opportunity and anti-discrimination plans at the following levels:

(1) Headquarters.

(2) Area.

(3) Performance cluster.

b. Developing and implementing Postal Service policies related to the employment, placement, and promotion of employees within a diverse workforce. This includes a particular responsibility for protection of the rights of veterans, disabled veterans, and individuals with disabilities.

674.22 Labor Relations

[Revise the text of 674.22 to read as follows:]

The vice president of Labor Relations is responsible for the Postal Service EEO complaint processing program. This official or his or her designees render the final agency decision of the Postal Service regarding complaints of discrimination emanating from employees or applicants for employment.

[Delete 674.23 in its entirety.]

[Revise the title and text of 674.3 to read as follows:]

674.3 Inclusiveness and Diversity Advisory Committees

The guidelines for establishing Inclusiveness and Diversity Advisory Committees appear in Management Instruction EL-670-2009-7, Inclusiveness and Diversity Advisory Committees.

[Revise the title of 675 to read as follows:]

675 Special Emphasis Programs

[Revise the title of 675.1 and add new text to read as follows:]

675.1 Nature of Programs

The Postal Service has established special emphasis programs within the framework of existing laws, policies, and regulations. These programs focus attention on the special needs, obstacles, and concerns of specified groups.

[Delete 675.11 in its entirety.]

[Renumber current 675.12 as new 675.2 and revise the text to read as follows:]

675.2 Objectives

The primary objectives of the special emphasis programs are to ensure the following:

a. All employees are fully utilized in the Postal Service workforce.

b. All employees have an equal opportunity to compete in every aspect of employment including, but not limited to, the following:

(1) Recruitment.

(2) Hiring.

(3) Retention.

(4) Training.

(5) Career development.

(6) Promotions.

These programs do not seek preferential treatment; instead, they ensure equality of opportunity through the following:

a. Positive actions taken to eliminate barriers and

b. A continued commitment to achieving the goals and objectives set by Postal Service policy.

[Renumber current 675.13 as new 675.3 and revise the text to read as follows:]

675.3 Additional Information

For information on the Rehabilitation Act of 1973, reasonable accommodation, disability definitions, and employment and placement issues, review these resources:

n Handbook EL-307, Reasonable Accommodation, An Interactive Process.

n The Postal Service Reasonable Accommodation Assistance Center (PRAAC) on the Postal Service Intranet website.

[Delete 675.2 in its entirety.]

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We will incorporate these revisions into the next online update of the ELM, which is available on the Postal Service PolicyNet website:

n Go to http://blue.usps.gov.

n In the left-hand column, under “Essential Links,” click PolicyNet.

n Click Manuals.

The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.