ACN 015/19 - FEB 2019 POLICIES PROHIBITING DISCRIMINATION, REPRISAL, BULLYING AND HAZING

ALCOAST COMMANDANT NOTICE                                CANCEL DATE 20 FEB 2020

R 210900 FEB 19
FM COMDT COGARD WASHINGTON DC//CG-00H/CG-1//
TO ALCOAST
UNCLAS//N05350//
ACN 015/19
SUBJ:  POLICIES PROHIBITING DISCRIMINATION, REPRISAL, BULLYING AND HAZING
A. Coast Guard Civil Rights Manual, COMDTINST M5350.4 (series)
B. 5 U.S.C. 2302(b)(8)
C 10 U.S.C. 1034
D. 33 C.F.R. Part 53
E. Discipline and Conduct, COMDTINST M1600.2 (series)
1. This ACN reminds the workforce of policies and procedures in place that protect
personnel against unlawful discrimination, bullying and hazing, and reprisal.
2. It is the Coast Guard’s policy that every member of the workforce has the right
to be treated with dignity and respect, without regard to race, color, national
origin, religion, sex (this includes gender, sexual harassment, gender identity,
sexual orientation, and pregnancy), age, disability, genetic information, marital
status, parental status, political affiliation, and any other basis protected by
law, and to be free from reprisal for engaging in Equal Employment Opportunity/Equal
Opportunity (EEO/EO) activity or whistleblowing.
3. Workforce members who believe they have experienced discrimination, must contact
a Civil Rights Service Provider (CRSP) within 45 calendar days of the alleged
discriminatory action.
4. Coast Guard management officials, per REF (A), may not use their authority to
take or threaten action against a civilian employee or applicant for employment for
making a disclosure that the employee or applicant reasonably believes evidences a
violation of law, rule or regulation; gross mismanagement; gross waste of funds;
abuse of authority; or a substantial and specific danger to public health or safety.
This includes disclosures to the Office of Special Counsel (OSC), the Department of
Homeland Security Office of Inspector General (DHS OIG), or anyone else designated
to receive such disclosures. Officials also may not take or threaten action against
an employee or applicant for exercising any appeal, complaint or grievance right
granted by any law, rule, or regulation, which includes but is not limited to EEO
activity. Such actions and/or threats by those in authority comprise retaliation,
which is prohibited IAW REF (B). All members are specifically cautioned not to share
protected complaint information with anyone who does not have a need to know, which
can be considered retaliation. Civilian employees who believe they have experienced
retaliation for whistleblower activity may file a written complaint (Form OSC-11)
with the OSC, 1730 M Street N.W., Suite 218, Washington, DC 20036-4505, phone (800)
872-9855, website www.osc.gov. OSC has jurisdiction to protect federal employees
from retaliation for filing an appeal, complaint, or grievance; helping someone else
file or testifying on their behalf; cooperating with or disclosing information to
the Special Counsel or an Inspector General; or refusing to obey an unlawful order.
Employees who believe they have been subjected to whistleblower retaliation may
submit a complaint to DHS OIG at Mail Stop 0305, 245 Murray Lane SW, Washington,
DC 20528-0305, phone 800-323-8603, 844-889-4357 (TTY), or email to
DHSOIGHOTLINE@dhs.gov.
5. Coast Guard management officials may not use their authority to take or threaten
action against a military member as a reprisal for making or preparing or being
perceived as making or preparing a lawful communication to a Member of Congress or
the Inspector General; communicating information that the member reasonably believes
evidences a violation of law or regulation (including sexual harassment or
discrimination), gross mismanagement, a gross waste of funds or other resources, an
abuse of authority, or a substantial and specific danger to public health or safety,
when such communication is made to a Member of Congress, the DHS OIG, a member of a
Department of Defense (DoD) or DHS audit, inspection, investigation, or law
enforcement organization (e.g., CGIS), any person or organization in the chain of
command; and any other person or organization designated pursuant to regulations or
other established administrative procedures to receive such communications, such as
the Board for Correction of Military Records; or for participating or assisting an
investigation involving a communication. Such actions and/or threats by those in
authority comprise reprisal IAW REFs (C) and (D). Members who believe they have
experienced reprisal for whistleblower activity may submit a complaint to DHS OIG
using contact information in paragraph 4.
6. REF (E) prohibits all forms of hazing and bullying and provides guidance to
Commanding Officers or Officers in Charge who receive non-EEO/EO reports of such
activity to conduct an investigation and take prompt action.
7. When classified national security or other protected information are involved,
personnel must use confidential channels such as the DHS OIG, OSC or Congress.
8. These changes will be incorporated into the next editions of REFs (A) and (E),
which will be released within the next year.
9. For Civil Rights questions please contact your local Civil Rights Service
Provider, a list of which can be found at: www.uscg.mil/hq/civilrights. For
Military personnel policy questions please send email to
hqs-policyandstandards@uscg.mil. For Civilian personnel policy questions please
send email to USCGOfficeofCivilianHR@uscg.mil.
10. Released by Dr. Terri A. Dickerson, Director, Civil Rights Directorate and
RADM W.G. Kelly, Assistant Commandant for Human Resources.
11. Internet release is authorized.