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22 U.S.C. § 2736f — Efforts to improve retention and prevent retaliation

submitted 3 years ago by Pub. L. 118-31 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 615 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must create reporting and survey processes about workplace experience, retention, and retaliation, and must share the findings.

(a) Streamlined reporting. Within one year after December 22, 2023, the Secretary must create one initial reporting point for discrimination and harassment allegations. It must initially review allegations and, when needed, allow multiple claims from one complaint.

(b) Required annual surveys. (1) Within 180 days after December 22, 2023, and every year afterward, the Secretary must survey employees about job satisfaction, the work environment, and their overall Department experience. (2) The survey must allow open-ended answers. (3) It must ask about: (A) work-life balance; (B) pay and benefits; (C) career development; (D) evaluation and promotion, including fairness and openness; (E) communication; (F) leadership and management; (G) organizational culture; (H) awareness and effectiveness of complaint procedures; (I) accessibility and accommodations; (J) transportation to and from the workplace; (K) information-technology systems’ function and accessibility; (L) understanding of the Department’s structure, mission, and goals; (M) how work relates to the mission; (N) ability to make positive change; and (O) experiences with harassment, discrimination, retaliation, and other events causing people to leave or harming workplace culture and productivity.

(c) Required exit surveys. (1) Within 180 days after December 22, 2023, the Secretary must create a standard, confidential process with anonymous feedback and exit interviews for employees who voluntarily leave, including by resignation or retirement. (2) The surveys must seek information about (A) departing employees’ reasons for leaving, including caregiving, a partner’s or spouse’s career limits, and discrimination, harassment, or retaliation; their overall experience; and suggestions; and (B) questions about leaving, job satisfaction, the work environment, professional growth, leadership, suggestions to improve the Department, and, when applicable, the future employer’s name and industry. (3) The Secretary must compile and analyze anonymized results to find trends, common themes, and areas needing improvement.

(d) Pilot surveys. Within 180 days after December 22, 2023, the Secretary must survey Locally Employed Staff across the Department about retention, training, promotion, and other matters, including harassment, discrimination, and retaliation, and must include staff views on complaint procedures’ accessibility and effectiveness.

(e) Report. Within 60 days after each survey ends, the Secretary must give its key findings to the workforce and submit them to the appropriate congressional committees.

(f) Retaliation prevention efforts. (1)(A) If a superior responsible for rating or reviewing a complaining employee is under investigation for discrimination or harassment, the superior’s supervisor or another appropriate Department employee must review the complainant. (B) This paragraph takes effect 90 days after December 22, 2023. (2) A Department employee accused of discrimination or harassment must receive written guidance, called a “retaliation hold,” describing actions that could be retaliation against the complainant. The accused employee’s immediate supervisor must receive the guidance too.

the actual law source: uscode.house.gov ↗public domain
(a) Streamlined reporting

Not later than one year after December 22, 2023, the Secretary shall establish a single point of initial reporting for allegations of discrimination, and harassment that provides an initial review of the allegations and, if necessary, the ability to file multiple claims based on a single complaint.

(b) Required annual surveys
(1) In general

Not later than 180 days after December 22, 2023, and annually thereafter, the Secretary shall conduct an annual employee satisfaction survey to assess the level of job satisfaction, work environment, and overall employee experience within the Department.

(2) Open-ended responses

The survey required under paragraph (1) shall include options for open-ended responses.

(3) Survey questions

The survey shall include questions regarding—

(A)

work-life balance;

(B)

compensation and benefits;

(C)

career development opportunities;

(D)

the performance evaluation and promotion process, including fairness and transparency;

(E)

communication channels and effectiveness;

(F)

leadership and management;

(G)

organizational culture;

(H)

awareness and effectiveness of complaint measures;

(I)

accessibility and accommodations;

(J)

availability of transportation to and from a work station;

(K)

information technology infrastructure functionality and accessibility;

(L)

the employee’s understanding of the Department’s structure, mission, and goals;

(M)

alignment and relevance of work to the Department’s mission;

(N)

sense of empowerment to affect positive change; and

(O)

experiences with harassment, discrimination, retaliation, and other events that contribute to attrition and negatively impact work culture and productivity.

(c) Required exit surveys
(1) In general

Not later than 180 days after December 22, 2023, the Secretary shall develop and implement a standardized, confidential exit survey process that includes anonymous feedback and exit interviews with employees who voluntarily separate from the Department, whether through resignation, retirement, or other means.

(2) Scope

The exit surveys conducted pursuant to paragraph (1) shall—

(A)

be designed to gather insights and feedback from departing employees regarding—

(i)

their reasons for leaving, including caretaking responsibilities, career limitations for partner or spouse, and discrimination, harassment, or retaliation;

(ii)

their overall experience with the Department; and

(iii)

any suggestions for improvement; and

(B)

include questions related to—

(i)

the employee’s reasons for leaving;

(ii)

job satisfaction;

(iii)

work environment;

(iv)

professional growth opportunities;

(v)

leadership effectiveness;

(vi)

suggestions for enhancing the Department’s performance; and

(vii)

if applicable, the name and industry of the employee’s future employer.

(3) Compilation of results

The Secretary shall compile and analyze the anonymized exit survey data collected pursuant to this paragraph to identify trends, common themes, and areas needing improvement within the Department.

(d) Pilot surveys

Not later than 180 days after December 22, 2023, the Secretary shall conduct a Department-wide survey for Locally Employed Staff regarding retention, training, promotion, and other matters, including harassment, discrimination, and retaliation, that includes workforce perspectives on the accessibility and effectiveness of complaint measures.

(e) Report

Not later than 60 days after the conclusion of each survey conducted pursuant to this section, the Secretary shall make the key findings available to the Department workforce and shall submit them to the appropriate congressional committees.

(f) Retaliation prevention efforts
(1) Employee evaluation
(A) In general

If there is a pending investigation of discrimination or harassment against a superior who is responsible for rating or reviewing the complainant employee, the complainant shall be reviewed by the superior’s supervisor or other Department employee as appropriate.

(B) Effective date

This paragraph shall take effect 90 days after December 22, 2023.

(2) Retaliation prevention guidance

Any Department employee against whom an allegation of discrimination or harassment has been made shall receive written guidance (a “retaliation hold”) on the types of actions that can be considered retaliation against the complainant employee. The employee’s immediate supervisor shall also receive the retaliation hold guidance.

Source credit: (Pub. L. 118–31, div. F, title LXII, § 6211, Dec. 22, 2023, 137 Stat. 976.)

history & why it existsrecord from the source credit
  • 2023Enacted · Pub. L. 118-31 · 137 Stat. 976

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.

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