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10 U.S.C. § 481a — Workplace and gender relations issues: surveys of Department of Defense civilian employees

submitted 12 years ago by Pub. L. 113-291 to r/title-10-ARMED-FORCES · 378 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Defense must survey its civilian workers every other year about gender issues. The survey covers sexual assault, harassment, and discrimination, and the Secretary must report the results to Congress. The Secretary can delay a survey during war or emergency but must finish it soon after.

(a) In General. Every other fiscal year, the Secretary of Defense must carry out a survey of civilian employees of the Department of Defense. The survey asks about gender issues — including gender-based assault (including unwanted sexual contact), harassment, and discrimination — and about the climate for forming professional relationships between male and female civilian employees. Each survey is called a "Department of Defense Civilian Employee Workplace and Gender Relations Survey."

(b) Elements. Each survey must be designed to ask about: (1) signs of positive and negative trends in professional and personal relationships between male and female civilian employees; (2) the specific kinds of assault (including unwanted sexual contact) committed against civilian employees by other Department personnel (including contractor personnel), and how many times each person answering the survey was assaulted during the preceding fiscal year; (3) how effective Department policies are at improving relationships between male and female civilian employees; (4) how effective the current complaint and investigation process is for gender-based assault (including unwanted sexual contact), harassment, and discrimination involving civilian employees; and (5) any other issue about assault (including unwanted sexual contact), harassment, or discrimination involving civilian employees that the Secretary considers appropriate.

(c) Report to Congress. After each survey is completed, the Secretary must submit a report with the survey results to Congress.

(d) Postponement. (1) The Secretary may postpone a survey if the Secretary decides conducting it is not practicable because of a war or a national emergency declared by the President or Congress. (2) The Secretary must make sure a postponed survey is conducted as soon as practicable after the war or emergency ends, or earlier if the Secretary decides that's appropriate. (3) The Secretary must notify Congress of a decision to postpone within 30 days after making it.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)

The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of Defense to solicit information on gender issues, including issues relating to gender-based assault (including unwanted sexual contact), harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department.

(2)

Each survey under this section shall be known as a “Department of Defense Civilian Employee Workplace and Gender Relations Survey”.

(b)Elements.—

Each survey conducted under this section shall be conducted so as to solicit information on the following:

(1)

Indicators of positive and negative trends for professional and personal relationships between male and female civilian employees of the Department of Defense.

(2)

The specific types of assault (including unwanted sexual contact) on civilian employees of the Department by other personnel of the Department (including contractor personnel) that have occurred, and the number of times each respondent has been so assaulted during the preceding fiscal year.

(3)

The effectiveness of Department policies designed to improve professional relationships between male and female civilian employees of the Department.

(4)

The effectiveness of current processes for complaints on and investigations into gender-based assault (including unwanted sexual contact), harassment, and discrimination involving civilian employees of the Department.

(5)

Any other issues relating to assault (including unwanted sexual contact), harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate.

(c)Report to Congress.—

Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.

(d)Postponement.—
(1)

The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress.

(2)

The Secretary shall ensure that a survey postponed under paragraph (1) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.

(3)

The Secretary shall notify Congress of a determination under paragraph (1) not later than 30 days after the date on which the Secretary makes such determination.

Source credit: (Added Pub. L. 113–291, div. A, title X, § 1073(a)(1), Dec. 19, 2014, 128 Stat. 3517; amended Pub. L. 116–92, div. A, title V, § 591(b), Dec. 20, 2019, 133 Stat. 1414; Pub. L. 116–283, div. A, title V, § 552(c), Jan. 1, 2021, 134 Stat. 3632.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-291 · 128 Stat. 3517
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1414
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3632

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-291 on 2014-12-19.

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