Policies and Procedures

What is the OSC's policy about allegations of discrimination?

Race, color, religion, sex, national origin, age, disability. The OSC is statutorily authorized to investigate allegations of discrimination based on race, color, religion, sex (including gender identity), national origin, age, or disability (see (1), under "Prohibited Personnel Practices," above). However, procedures for investigating such complaints have already been established in federal agencies and the Equal Employment Opportunity Commission (EEOC). Therefore, to avoid duplicating those investigative processes, the OSC follows a general policy of deferring complaints involving discrimination to those agencies' procedures.

Marital status and political affiliation. Allegations of discrimination based on marital status and political affiliation are not within the jurisdiction of the EEOC. Such allegations, however, may be prohibited personnel practices or other violations of law subject to investigation by the OSC.

Sexual orientation. OSC has jurisdiction over allegations of discrimination based on conduct that does not affect job performance, which includes sexual orientation discrimination. In certain cases, EEOC may also have jurisdiction over claims of sexual orientation discrimination, such as a claim of sexual stereotyping, i.e., discrimination for failing to conform to a gender stereotype.


Ref: 5 C.F.R. § 1810.1