@StateDept Updates Guidance For Reasonable Accommodations For Employees With Disabilities

 

The Disability/Reasonable Accommodation Division (GTM/OAA/DRAD) is the Department’s designated decision-maker on all reasonable accommodation requests. Last month, GTM/OAA/DRAD updated 3 FAM  3670 Reasonable Accommodations for Individuals With Disabilities. The update includes the time frame for processing requests, interim relief measures, and reconsideration and appeals for reasonable accommodation denial. The. State Department has been dinged more than once at the EEOC in its handling of reasonable accommodations. In a most recent case, the EEOC found State liable for compensatory damages because it has not shown it acted in good faith”. (see @StateDept Liable For Compensatory Damages “because it has not shown it acted in good faith”).

3 FAM 3673.3  Time Frame to Process the Request
(CT:PER-1065;   09-21-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. The Disability/Reasonable Accommodation Division (GTM/OAA/DRAD) is committed to the timely processing of reasonable accommodation requests, consistent with the Department’s obligation under the Rehabilitation Act of 1973, as amended. Absent extenuating circumstances, GTM/OAA/DRAD will provide or deny accommodation requests from domestic applicants within 30 business days, and from overseas applicants with 45 business days. The time necessary to process a request is dependent on numerous factors including, but not limited to the nature of the accommodation requested; whether it is necessary to obtain supporting information such as medical documentation; procurement processes; hiring processes; and other circumstances.  For examples of extenuating circumstances, see 3 FAM 3673.5.
b. In the case of newly hired employees or employees being assigned to a new position, the Department will try to have the reasonable accommodation in place when the employee first reports to duty.  However, this may not always be possible.
c.  GTM/OAA/DRAD and individuals with disabilities may consult the resources listed in 3 FAM Exhibit 3673.3 in order to identify and evaluate potential reasonable accommodation options.
d. When necessary, the Department will make an effort to ensure expedited processing of a request for an accommodation.  Expedited processing might be necessary where the accommodation is needed to apply for a position or to participate in a specific activity that is scheduled to occur shortly.


3 FAM 3673.6  Providing Interim Relief Measures

(CT:PER-1065;   09-21-2021)
(State Only)

(Applies to Foreign Service and Civil Service Employees)

a. When all the facts and circumstances known to the Disability and Reasonable Accommodation Division (GTM/OAA/DRAD) make it reasonably likely that the individual will be entitled to an accommodation, but the accommodation cannot be provided immediately, GTM/OAA/DRAD will provide the individual with an interim accommodation that allows the individual to perform some or all of the essential functions of the job, absent undue hardship.
b. If an interim relief measure is appropriate, GTM/OAA/DRAD will work with the individual’s supervisory chain of command to ensure that temporary measures are provided to the individual. The individual will be notified that accommodations are only being provided on a temporary/interim basis, while awaiting either the provision of reasonable accommodation or a decision on whether the accommodation request will be granted.


3 FAM 3674.2  Reconsideration and Appeal of a Reasonable Accommodation Denial

(CT:PER-1065;   09-21-2021)

(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. An individual whose request for reasonable accommodation is denied may seek reconsideration of that denial by submitting information, in writing, to the Director of the Office of Accessibility and Accommodations (GTM/OAA) within 10 business days of receipt of the written decision denying a reasonable accommodation. A request for reconsideration must be accompanied by an explanation of the basis for the request and any documentation the individual wishes to submit in support of the request for reconsideration that GTM/OAA does not have. 
b.  An individual whose request for reconsideration is denied may pursue an appeal of that denial by submitting information, in writing, to the Director General of the Foreign Service and Director of Global Talent (DGTM) within 10 business days of receipt of the written decision denying reconsideration.  An appeal must be accompanied by an explanation of the basis for the appeal and any documentation the individual wishes to submit in support of the appeal that GTM/OAA does not have.

 

Related posts:

Havana Syndrome: @StateDept Says Investigation “Ongoing and Is a High Priority”

We recently posted ARB on Havana Syndrome Response: Pray Tell, Who Was in Charge?.  While reading that report, we requested an update from the State Department on actions the Secretary of State took in response to the ARB report. We were also interested in learning about any outstanding issues from the ARB Havana Report not addressed under the previous administration, and what actions Secretary Blinken intend to do to fully address the recommendations of the ARB Board.  And we were very interested if WHA, EUR, EAP and the Secretariat had been tasked with putting together a full timeline and lessons learned based on the official State Department response to the Havana syndrome incidents in Havana, Guangzhou and Tashkent?
So far, under new management, Foggy Bottom has responded to our inquiry.  The following is a response from a State Department spokesperson:

We have no higher priority than the safety and security of U.S. personnel, their families, and other U.S. citizens.

The U.S. Government is working to determine what happened to our staff and their families and to ensure the well-being and health of our officials going forward. That investigation is ongoing and is a high priority.

Secretary Blinken requested a comprehensive briefing on the issue during the transition, and he has received updates during his time in office. He has made clear that this is a priority for him, and those updates will continue on a regular basis.

The Department established an interagency task force to coordinate the U.S. government’s response to these incidents in May 2018. To reassert the Department’s leadership and responsibility for U.S. government personnel overseas, this week we elevated the coordinator role to a senior level position so that a high-level official will be empowered to advise senior Department leadership, coordinate the Department’s interagency response to the health security incidents, and provide continuing support to affected personnel.  This advisor will be positioned in a senior role and report directly to the Department’s senior leadership to ensure that we continue to make significant strides to address this issue and to ensure our people are receiving the treatment they need.

We will have additional details on this new role in the coming days.

We’ll be in the lookout!

 

 

Secretary of State to be Sole Recipient of ARB Report, Will Also Determine Its Subsequent Distribution.

 

On June 1, 2020, the State Department updated its Foreign Affairs Manual (12 FAM 030) covering the Accountability Review Board (ARB). The chair of the ARB Permanent Coordinating Committee will now be the director of the Office of Management Strategy and Solutions (M/SS). If we remember correctly, this used to be the director of M/PRI (Office of Management Policy, Rightsizing and Innovation (M/PRI). Another update relates to the classification authority of Board Members; they have no original classification authority; M/SS will exercise original classification authority on the Board’s work materials.  On the ARB’s findings, the Board submits its findings to the Secretary of State through M/SS.  The updated regs make clear that “the report will initially be provided solely to the Secretary, who will determine its subsequent distribution.”
The updated regs has not eliminated 12 FAM 036.4  which refers to Reports to Congress (an update from 10-05-2017). Per the ARB statute, the Secretary will, not later than 90 days after the receipt of a Board’s program recommendations, submit a report to the Congress on each such recommendation and the action taken with respect to that recommendation.”
The Secretary is required to submit “a report” to the Congress not later than 90 days but the regs does not require him/her to submit the ARB report. The new regs says the secretary of state will determine the report’s “subsequent distribution.”

12 FAM 035  FINDINGS AND RECOMMENDATIONS

12 FAM 035.1  Findings
(CT:DS-332;   06-01-2020)

a. Examination:  A Board will examine the facts and circumstances surrounding the security-related incident or a visa incident.

b. Written submission:  In its report to the Secretary, a Board makes written findings, which may be classified, as necessary.

c.  Dissemination of findings:  The board submits its written findings directly to the Secretary through the M/SS director, whose role is only to classify the document as appropriate (the Board members do not have original classification authority), and L, whose role is to offer legal advice about the report, including ensuring that the report meets the legal requirements laid out in 22 U.S.C. 4834.  The report will initially be provided solely to the Secretary, who will determine its subsequent distribution.  The Board’s written findings are distributed as directed by the Secretary following the Secretary’s receipt of the Board’s written findings.

12 FAM 034.2-5  Classification Authority
(CT:DS-332;   06-01-2020)

Members of the Board do not have original classification authority.  The director of M/SS will exercise original classification authority for materials originating from Board activities.

12 FAM 032.1  ARB Permanent Coordinating Committee (ARB/PCC)
(CT:DS-332;   06-01-2020)

a. Purpose:  The ARB/PCC will, as quickly as possible after an incident occurs, review the available facts and recommend to the Secretary to convene or not convene a Board.  (Due to the 1999 revision of the law requiring the Secretary to convene a Board not later than 60 days after the occurrence of an incident, except that such period may be extended for one additional 60-day period, the ARB/PCC will meet within 30 days of the incident if enough information is available.) In addition, the ARB/PCC will meet yearly to review the ARB process, existing policies and procedures, and all past ARB recommendations, and ensure that any necessary changes are effected.

b. Membership:  The ARB/PCC will be composed of the following members:

(1)  The director of the Office of Management Strategy and Solutions (M/SS), who will chair the ARB/PCC; or designee

(2)  The Assistant Secretary for Diplomatic Security or designee;

(3)  The Assistant Secretary for Intelligence and Research or designee;

(4)  The coordinator for Counterterrorism or designee;

(5)  The assistant secretary or designee of the relevant regional bureau(s)

(6)  One representative designated by and representing the DNI; and

(7)  The Assistant Secretary for Consular Affairs or designee.

    NOTE:  Designees must have the authority to vote at ARB/PCC meetings on behalf of their principal; they may not defer decisions until they have briefed the principal.

c.  Other participants:  As a result of the State-Justice Memorandum of Understanding (MOU) dated September 20, 2001, the Department of Justice has attended PCC meetings.  The Department’s Deputy Legal Adviser, director of the Bureau of Medical Services, and Executive Secretary of the Executive Secretariat, or his/her designees, will attend PCC meetings.  Also, as determined by the chairperson, representatives of other offices and agencies may be invited to work with the ARB/PCC.  Participants listed in this section do not vote.

 

Snapshot: Managing Accountability Review Board (ARB) Recommendations

Via 12 FAH-12 H-010
06-01-2020
(Office of Management Strategy and Solutions (M/SS))

(Click image to see larger view)

Related item:
12 FAM 030 ACCOUNTABILITY REVIEW BOARD (ARB)
Snapshot: ARB Recommendations — Procedural Action and Responsibilities 2016

Did US Embassy Bangui Go on “Ordered Departure” Without Telling Anyone? (Updated)

Updated 3/28/2020, 8:20 pm PDT | US Embassy Bangui’s Health Alert dated March 26, 2020 says “On March 18, the Department of State ordered the departure of non-emergency U.S. personnel in Bangui.”
We learned last week that the US Embassy in Bangui, Central African Republic “just went on ordered departure.” Apparently this was less about Covid19 and more about a flare-up of violence in the country. To-date, neither the State Department nor the US Embassy has made an announcement about this post’s evacuation status.
On March 20, US Embassy Bangui released the following statement about reduced staffing:

The U.S. Embassy in Bangui announces that it is reducing its staffing in response to increasing travel restrictions, limited health infrastructure and potential disruption of supply chains for essential goods in the Central African Republic.

We call your attention to the State Department’s Global Travel Advisory issued March 19, 2020

The State Department has issued a global travel advisory advising all U.S. citizens to avoid all international travel due to the global impact of COVID-19.  In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period.  U.S. citizens who live abroad should avoid all international travel.  Many countries are experiencing COVID-19 outbreaks and implementing travel restrictions and mandatory quarantines, closing borders, and prohibiting non-citizens from entry with little advance notice.  Airlines have cancelled many international flights and several cruise operators have suspended operations or cancelled trips.  If you choose to travel internationally, your travel plans may be severely disrupted, and you may be forced to remain outside of the United States for an indefinite timeframe.

U.S. Embassy in Bangui does not provide visa or citizen services  to U.S. citizens in CAR.  U.S. citizens in need of assistance there are advised to contact the U.S. Embassy in Yaoundé, Cameroon.
Note that the Central African Republic is on a Level 4 Do Not Travel Advisory “due to crime, civil unrest, and kidnapping” as of December 12, 2019. The Travel Advisory has not been updated to indicate its evacuation status as of this writing.
A source at a neighboring post is similarly perplexed as they know from colleagues in Bangui that the embassy has gone on ordered departure despite the lack of public announcement.  We were asked if it is possible to have an internal ordered departure and Foggy Bottom knows it but it’s not ‘official’?
These days anything is possible, it seems, but we don’t know how that works without running afoul of 7 FAM 050 No Double Standard Policy. “Generally, if the Department shares information with the official U.S. community, it should also make the same or similar information available to the non-official U.S. community if the underlying threat applies to both official and non-official U.S. citizens/nationals.”
7 FAM 053(f) includes a reminder: “Remember that if post concludes it should warn, or has warned, its personnel or any U.S. Government employees beyond those with a strict need-to-know, whether permanently stationed or on temporary duty abroad, about a security threat, post should share that same information with the non-official U.S. community under the “No Double Standard” policy (see 7 FAM 052).

 

@StateDept’s Level 4 “Do Not Travel” Countries as of May 6, 2019 (Updated)

Via travel.state.gov:

Updated: May 10, 2019: Note that while Mexico is listed as a “Level 2: Exercised Increased Caution” country, the following five states in Mexico are considered “Level 4: Do Not Travel ” locations:

  • Colima state
  • Guerrero state
  • Michoacán state
  • Sinaloa state
  • Tamaulipas state

We understand that Mexico is the only country that the State Department breaks down this way.

@StateDept Ups Sri Lanka Travel Advisory After Multiple Easter Sunday Explosions (Updated)

Updated: On April 26, 2019, the Department of State ordered the departure of all school-age family members of U.S. government employees in Kindergarten through 12th grade.  The Department also authorized the voluntary departure of non-emergency U.S. government employees and family members.

On April 21, the State Department increased the Travel Advisory for Sri Lanka to Level 2 (Exercise Increased Caution) after multiple attacks throughout the country. Explosions reportedly occurred at  the Shangri La, Cinnamon Grand and Kingsbury hotels in Colombo and churches in Kochchikade, Katuwapitiya and Batticaloa; the blasts killed 290 people and wounded 500.  Arrests have been made and investigations are ongoing according to media reports.

The Advisory says in part:

Exercise increased caution in Sri Lanka due to terrorism. Terrorist groups continue plotting possible attacks in Sri Lanka. Terrorists may attack with little or no warning, targeting tourist locations, transportation hubs, markets/shopping malls, local government facilities, hotels, clubs, restaurants, places of worship, parks, major sporting and cultural events, educational institutions, airports, and other public areas.

The U.S. Embassy in Colombo also announced that it will be closed to the public on April 22. The American Center in Colombo & all American Spaces will also be closed. Emergency American Citizen Services will be available (see contact number below).  In a statement to the press, the secretary of state confirmed that “several U.S. citizens were among those killed” in Sri Lanka attacks,

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US Embassy Haiti Now on Mandatory Evacuation For All Non-Emergency Staff and Family Members

Posted: 7:06 pm PST
Updated: 8:23 pm PST

 

After about a week of protests in Haiti, the State Department issued a mandatory and voluntary departure orders for some family members of non-emergency staff at the US Embassy in Haiti. See U.S. Embassy Haiti Now on Mandatory Evacuation For Diplomatic Family Members Under the Age of 18, “Authorized Departure” Also On.

On February 14, the US Embassy issued a Security Alert noting about “reports of armed men in the area near U.S. Embassy personnel housing compounds.” Post instructed embassy personnel “to remain indoors.”

We understand that post had requested the full “ordered departure” for non-emergency staff within the last 24 hours.  An official statement on the status of non-emergency personnel in country has now gone out. The mandatory evacuation is for all non-essential staff, and for all family members. As of this writing, the Haiti Travel Advisory is still dated February 12, and has not been updated to reflect the updated “ordered departure” status for non-essential personnel.

Updated: When we look at travel.state.gov again at 8:23 pm PST, the February 14 updated Level 4 Do Not Travel Advisory for Haiti  is up. The Advisory notes the crime and civil unrest in the country, the mandatory evacuation of non-emergency staff and family members, and the U.S. government’s  limited ability to provide emergency services to U.S. citizens in Haiti.

Update: Contact Details For This Blog

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Many thanks!

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Retired Navy Rear Admiral Edward Masso to be Ambassador to Estonia

Posted: 2:23 am ET
Updated: July 2, 2018
[twitter-follow screen_name=’Diplopundit’]

Update: On May 24, 2018, the White House sent the following withdrawal to the Senate:

WITHDRAWAL SENT TO THE SENATE
Edward Masso, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Estonia, which was sent to the Senate on September 5, 2017.

On September 2, President Trump announced his intent to nominate retired Admiral Edward Masso to be Ambassador to Estonia. The WH released the following brief bio:

Admiral Edward Masso to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Estonia. Mr. Masso is a highly decorated Naval Officer who is the founder and president of Flagship Connection, a consulting company focused on business development, strategic planning, and operations analysis in the areas of missile defense, cyber security, and data analytics. During his distinguished 32-year career in the U.S. Navy, he held nine command assignments, including Commander, Navy Personnel Command/Deputy Chief of Naval Personnel. He has served in NATO and the United States European Command. Mr. Masso is a Senior Fellow at the Potomac Institute for Policy Studies in Cyber Security. He graduated from the University of Mississippi in 1977.

JINSA has a detailed bio of Admiral Masso here.

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