Title 5 of the United States Code: Civilian Employees
Nearly all DHS civilian employees and applicants for employment are covered by Title 5 of the United States Code, which forbids discrimination on the basis of race, color, religion, sex, national origin, age, disability, and also on the basis of marital status, political affiliation, whistleblowing activity, and other conduct that does not adversely affect work performance. 5 U.S.C. § 2302. Additionally, OPM has interpreted this statute to prohibit discrimination based upon sexual orientation. See http://www.opm.gov/er/address2/Guide04.asp.
An employee who believes he or she has been subjected to a personnel practice that violates Title 5 may take one or more of the following courses of action: (1) contact his or her servicing Human Capital Office; (2) contact his or her servicing EEO office within 45 days to file an EEO complaint pursuant to procedures established by their servicing EEO office; (3) file an administrative grievance as provided for by DHS Directive 256-02 or a grievance under an applicable collective bargaining agreement; (4) file an appeal with the Merit Systems Protection Board (MSPB), as appropriate; or (5) file a complaint with the U.S. Office of Special Counsel (OSC). Additional relevant information, including requirements and timeframes for timely raising discrimination claims, is available from the Equal Employment Opportunity Commission (www.eeoc.gov); MSPB (www.mspb.gov); and OSC (www.osc.gov).
