Sexual orientation discrimination is prohibited by the Department's nondiscrimination policy in the Treasury Department Employee Rules of Conduct, 31 C.F.R. §0.214(a). The term "sexual orientation" means homosexuality, bisexuality, or heterosexuality, whether the orientation is real or perceived.

On August 1, 1997, the Department of the Treasury, Office of Equal Opportunity Program (OEOP), decided to provide a process for addressing allegations of sexual orientation discrimination. The procedures supplement, but do not replace, the Equal Employment Opportunity Commission (EEOC) procedures for allegations of discrimination and the Merit Systems Protection Board procedures for the appeal of adverse personnel actions.

These procedures provide for a formal investigation by the Regional Complaint Center, a final agency decision by the OEOP and, when appropriate, "make whole" relief. The differences between the Equal Employment Opportunity (EEO) complaint procedure in 29 C.F.R. Part 1614 and the Department's procedures for handling claims of sexual orientation discrimination are outlined below:

Under 29 C.F.R. Part 1614, a complainant is entitled to a hearing before an EEOC Administrative Judge. Under the Department's modified complaint procedure for sexual orientation complaints, there is no hearing. This is because sexual orientation is not recognized as a basis of prohibited discrimination in the civil rights statutes enforced by the EEOC. Therefore, EEOC Administrative Judges are not authorized to conduct hearings on complaints of sexual orientation discrimination. However, investigations into sexual orientation complaints, are conducted just as in other allegations of discrimination.

There is no right of appeal from an OEOP final agency decision on a claim of sexual orientation discrimination for the same reasons stated above.

An employee may be afforded "make whole" relief when OEOP finds sexual orientation discrimination, but compensatory damages are not available and attorney's fees are only available if an employee suffers a loss of pay because of prohibited sexual orientation discrimination.

When a complainant alleges discrimination based on sexual orientation and another basis that would be processed under 29 C.F.R. Part 1614, a complainant has the right to proceed to a hearing or to appeal a final agency decision only on the bases covered by Title VII, the Rehabilitation Act, or the Age Discrimination in Employment Act.

Under the procedures of the Department, it is the responsibility of the EEO Counselor to explain to an aggrieved person that the nondiscrimination statutes do not currently prohibit discrimination on the basis of sexual orientation. In addition, the EEO Counselor will advise individuals of their right to representation and to anonymity in the informal process, and other possible avenues of redress.