EQUAL OPPORTUNITY DIRECTIVE NUMBER 2001-03

To:            Bureau and Office Equal Opportunity Officers

From:        E. Melodee Stith
                 Director, Office for Equal Opportunity

Subject:    Policy Guidance on Executive Order 13145: To Prohibit Discrimination in Federal Employment Based on
                Genetic Information

Attached for your information and use is the guidance issued by the Equal Employment Opportunity Commission (EEOC) on Executive Order 13145. This Executive Order, signed by President Clinton on February 8, 2000, prohibits discrimination on the basis of protected genetic information in the Executive Branch. It is intended to ensure that applicants for employment, employees, and former employees are judged on their current ability to perform the jobs they seek or hold, and not on the possibility that they might some day, develop a disease or condition. For this reason, the Executive Order places stringent limits on the collection, use and disclosure of protected genetic information.

The EEOC guidance explains what type of genetic information is covered by the Executive Order; give examples of how the Executive Order affects the collection, use, and disclosure of protected genetic information in Executive Branch employment; and explains how an individual can establish that she or he has a disability under section 501 of the Rehabilitation Act of 1973, as amended, based on genetic information.

Applicants, employees, and former employees may file a complaint of discrimination based on protected genetic information under the Federal EEO complaint regulations, 29 C.F.R. 1614.

The Departmental Office for Equal Opportunity will be sponsoring a technical training session on the scope of the Executive Order and the implementing guidance in the near future.
 

Attachment
(Call 202-208-5693)
 

Distribution:    All Equal Employment Opportunity Managers and Specialists
Inquiries:        Carolyn Burrell, Assistant Director, Complaints Processing and Adjudication, (202) 208-3442
Expiration:     When superceded.