Two huge victories!
DOJ GEN friends—hi!! I’m back from my detail and ready to go.
For those of you who joined DOJ GEN in the last year, welcome! I want to thank Colleen for stepping in, which she balanced with an incredibly busy work schedule. Colleen’s commitment to DOJ GEN’s mission is unwavering and I’m so glad to be able to call her a colleague and a friend.
I want to relay two incredible policy wins on issues that DOJ GEN has worked on for years—health-related travel accommodations and pay equity. Both victories are huge.
DOJ issued a travel policy that helps ensure we can access medical care! Following DOJ GEN’s advocacy, DOJ issued a policy that allows employees to opt out of travel to locations where they may not be able to receive necessary medical care. Here are some FAQs.
What does the policy say? The policy’s language covers a broad range of health issues, which is excellent. It states that an “employee experiencing or anticipating the possibility of a medical emergency or other health issue that requires or may require medical attention that may not be available while on temporary” work travel “may request alternatives” to that travel.
How does an employee request travel alternatives? The employee must submit a written request to their supervisor who will then work with the employee to identify alternatives. Employees only need to provide the travel dates and state that medical care may not be available at the travel location; they do NOT need to disclose details of the medical issue, and supervisors can’t ask for details. Components have been asked to develop implementing guidance and establish procedures.
Can a supervisor deny a request? Yes, but only if the travel would be mission-critical and there are no effective travel alternatives. The policy acknowledges that “given the wide availability of virtual participation,” it will usually be possible to find an alternative. If a supervisor does deny a request, the employee can obtain higher-level review.
Why haven’t I heard about this from DOJ or my component/office? You should be hearing about this soon if you haven’t already. In the meantime, please spread the word to your colleagues! This policy will only be of use to those who know about it.
What did DOJ GEN do to help make this happen? We thought you’d never ask! Among our range of requests to DOJ and the Administration broadly to take steps to protect employees’ abortion access, we asked that employees be able to opt out of travel. You can read our letters to top Admin officials here, here, and here. We also worked closely with DOJ leadership offices on developing the policy. By issuing this policy, DOJ recognized that our health and lives must come first.
OPM issued a comprehensive salary history ban! In January, OPM issued a new regulation that bans the solicitation and consideration of salary history that went into effect on April 1. It’s here! It’s real! And it’s exactly the kind of regulation that we’ve spent years pushing for.
What does the regulation do?
Prohibits agencies from setting pay based on non-federal salary history for those who are joining the federal government for the first time or are returning after a break.
Bans agencies from considering the salary in a candidate’s competing job offer when setting pay.
Requires agencies to have policies on setting pay based on a previous federal salary for employees who have previous federal civil service experience.
How does this regulation compare to salary history bans in states and municipalities? By banning the consideration of salary history in addition to the solicitation of it, the reg goes further than almost all of the bans that 22 states and 22 municipalities that already implemented. The federal government has done what it should always do—use best practices when setting its workforce policies and position itself as a model employer for the rest of the country.
When must agencies be in full compliance with the regulation? No later than October 1, 2024.
What did DOJ GEN do to push for this regulation? So glad you asked!
We sent a letter to OPM explaining why its salary history regulation should ban the solicitation of and reliance on salary history, regardless of how it is acquired.
We submitted public comments after OPM issued the proposed rule.
We sent a letter urging OPM to promulgate a comprehensive salary history ban and encourage agencies to conduct pay audits and adjust salaries for victims of wage disparities.
We sent a letter to JMD asking DOJ to implement a Department-wide policy banning the use of salary history.
We sent a letter to every DOJ component asking them to stop the practice.
We directly lobbied the Attorney General Garland and Deputy Attorney General Monaco for action on this issue at DOJ.
These are some of the most important victories since DOJ GEN’s founding. We want to thank the DOJ members who pushed for them, and DOJ and OPM for bringing them to fruition. Please reach out with any questions. Also, if you learn that any DOJ office is failing to comply with either policy, please let us know right away.
Best,
Stacey