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Q: I already have a Top Secret clearance; does that make me more competitive? After the applicant is approved for duty, the appropriate security clearance will be completed through the Office of Personnel Management OPM. Apart from the formal suitability investigation, a selected applicant will continue to be formally and informally evaluated throughout the hiring process up until graduation from the academy and subsequent completion of an agent probationary period.
Available quotas change annually in accordance with Department of Air Force manpower assessed needs, but historically do not exceed ten 10 annual quotas, with multiple dozens of applicants. If the applicant is not selected for OSI, fails the Agent Suitability Investigation, or needs of the Air Force demand it, the applicant would be reclassified into an alternate career field as a commissioned officer.
Q: What is the difference in serving in OSI as an enlisted, officer, or civilian agent? A: Enlisted, civilian, and officer agents all train together as agent trainees. After graduation and earning their badge and credentials, all complete the additional basic education program during their probationary periods at a field unit. They will generally all begin their OSI careers focused on field investigations and general field work.
After the first couple of years, they will begin to follow more structured career progression consistent with their respective enlisted, officer, or civilian paths. Many pursue specialties after the first couple of duty years and then use those education and skills later as they transition into leadership roles. Officers are always expected to be informal or formal leaders within their units and OSI command. Q: What type of cases do OSI agents work on? A: The vast majority of OSI’s investigative activities pertain to felony level crimes including economic crimes, counterintelligence matters, murder, robbery, rape, assault, major burglaries, drug use and trafficking, sex offenses, arson, compromise of Air Force test materials, black market activities, and other criminal activities.
After-hours parking is available for all employees with a permit. Union Station is located at 40 Massachusetts Ave. There is a food court with a number of vendors in Union Station, a post office, a shopping center, and several restaurants. Washington, DC, is between growing suburbs in Maryland and Virginia.
Traffic congestion can be a problem. Where you live and your schedule will help determine the best way to get to and from work. You have many commuting options and a transit subsidy program to assist you. There are also local and commuter bus services that link to rail stations, park-and-ride lots, and other transit offerings. BLS offers a transit subsidy for employees who use public transportation to commute to work.
To receive this subsidy, you must first enroll in the BLS transit subsidy program and recertify annually. You will be given the required application your first day at work. Once you receive access to the BLS intranet, you will be able to view a full description of the program. Metro is the second-busiest rapid transit system in the United States in number of passenger trips, after the New York City subway.
Opened in , Metro has grown to include six lines, 91 stations, and miles of track. To ride Metrorail, you need either a fare card or a SmarTrip card. Fare cards are paper cards with fare information stored on a magnetic strip. Fare amounts and frequency of train arrival and departures depend on time of day and day of the week.
Purchase fare cards only from authorized sale outlets listed on the WMATA website, such as vending machines in Metrorail stations, Metro sales offices, online, etc. Fare cards are not refundable, but exchanges will be made for malfunctioning fare cards. A SmarTrip card is a reusable, rechargeable plastic fare card with an embedded special computer chip that keeps track of the value of the card.
There is also a discount for using a SmartTrip card instead of paper fare cards. For more information, go to www. To view it, click on this link www. Metrobus passes are date-specific, valid only on the dates indicated. Weekly passes are good from Sunday through Saturday. More information is available at www. Metro operates parking facilities at 43 Metrorail stations.
All 43 stations offer daily or hourly parking, separate motorcycle and bicycle parking , and accessible priority parking near station entrances. For more information, click on this link: Parking. DC Circulator. Hours: Every minutes daily from a. SmarTrip cards are accepted.
More information is available at Circulator. Ride On Bus. The Bus. DASH Bus. ART Arlington Transit. ART is available in Arlington, Virginia. Fairfax Connector. For routes, fares, and times, please visit the respective websites.
Many buses are equipped with platforms that lower to the curb and lift passengers and wheelchairs on board. Once on board, the wheelchair is secured in a reserved area. Policies differ depending on the bus company. To find out what the different bus companies offer, contact the company directly. Sometimes in summer, the Washington region experiences poor air quality that can adversely affect the health of the elderly or those with respiratory difficulties.
MARC consists of three lines into and out of the city. Penn Line. Camden Line. Brunswick Line. For more information, see www. For more information, call or go to the MARC ticket website at www. Service begins weekdays at approximately 5 a. There is no weekend service; however, you can use your VRE ticket on select Amtrak trains both during the week and on weekends.
Some VRE tickets are nonrefundable, while others follow a strict refund policy. Insert the end of your ticket with the arrows pointing into the machine and it will stamp the ticket.
If you are unable to validate your ticket, you must speak with a conductor prior to boarding the train. Note: Tickets are not sold on board VRE trains. Ticket sales and other information can be found at the Commuter Stores and on the VRE website at www. BLS provides bike racks for employees to park their bikes in the downstairs garage. All BLS employees are eligible to obtain a bike permit.
Bike permits for parking in the garage can be obtained through the online parking permit application found on BLS Central. A commuting bicycle reimbursement is provided by the Department of Labor to support the Department’s sustainability efforts and promote health and wellness.
A qualified commuting month is any month an employee uses the bicycle regularly for 50 percent or more of the travel between home and work. However, an employee may not receive any of the other qualified transportation benefits—transit subsidy and federally subsidized workplace parking—during the month. This reimbursement is made once a year. First opened in , Capital Bikeshare now has more than stations and 2, bikes. Trips of up to 30 minutes are free.
For more information, see the Capital Bikeshare website. Get information on local bike traffic rules, Metro bike rules, and facilities that can help you avoid accidents or fines before you decide to bike to work. Laws vary by jurisdiction. BLS encourages carpooling by offering a limited number of free parking spaces in the garage under the PSB for employees in carpools, people with disabilities, and senior executive staff. BLS assigns point values to carpool applicants based on the number of riders in the carpool.
Annual applications for permits are due by mid-January and are distributed in late February. Motorcycle permits are also available. Carpool and vanpools must have a minimum of two people driver included to qualify. Please note that you cannot participate in both the BLS-sponsored commuter and parking permit programs; if you receive a transit subsidy, your name cannot also be on a parking permit application.
You can apply for an after-hours permit that allows you to park in the PSB garage after normal business hours and on the weekends, however, and be part of the BLS-sponsored commuter program. Park and Ride lots were created in Maryland and Virginia to assist commuters with carpooling efforts and to serve commuter bus lines.
These lots are located along highly travelled routes and do not charge for parking. For information about Park and Ride lots, please see their website at www. Meters around BLS allow parking for a maximum of two hours at a time and generally require payment in quarters; newer parking meters accept payment by credit or debit cards and cash.
About half of the metered parking in DC is the curb travel lane of the road. These spaces are not available until a.
Title I of the ADA protects individuals from employment discrimination on the basis of disability. Disability discrimination occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a disability or a history of a disability, or because she is believed to have a physical or mental impairment. Under the ADA, an employer’s ability to make disability-related inquiries or require medical examinations is limited.
The ADA defines the term “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having a disability. The determination of whether an individual has a disability must be made without regard to the ameliorative effects of mitigating measures, such as medication or treatment that lessens or eliminates the effects of an impairment.
Major bodily functions include the operation of the neurological, musculoskeletal, endocrine, and reproductive systems, and the operation of an individual organ within a body system. Prior to the enactment of the ADAAA, some courts held that medical conditions related to pregnancy generally were not impairments within the meaning of the ADA, and so could not be disabilities. An impairment’s cause is not relevant in determining whether the impairment is a disability.
Some impairments of the reproductive system may make a pregnancy more difficult and thus necessitate certain physical restrictions to enable a full term pregnancy, or may result in limitations following childbirth. Disorders of the uterus and cervix may be causes of these complications.
One court has concluded that multiple physiological impairments of the reproductive system requiring an employee to give birth by cesarean section may be disabilities for which an employee was entitled to a reasonable accommodation.
Impairments involving other major bodily functions can also result in pregnancy-related limitations. Some examples include pregnancy-related anemia affecting normal cell growth ; pregnancy-related sciatica affecting musculoskeletal function ; pregnancy-related carpal tunnel syndrome affecting neurological function ; gestational diabetes affecting endocrine function ; nausea that can cause severe dehydration affecting digestive or genitourinary function ; abnormal heart rhythms that may require treatment affecting cardiovascular function ; swelling, especially in the legs, due to limited circulation affecting circulatory function ; and depression affecting brain function.
In applying the ADA as amended, a number of courts have concluded that pregnancy-related impairments may be disabilities within the meaning of the ADA, including: pelvic inflammation causing severe pain and difficulty walking and resulting in a doctor’s recommendation that an employee have certain work restrictions and take early pregnancy-related medical leave; [] symphysis pubis dysfunction causing post-partum complications and requiring physical therapy; [] and complications related to a pregnancy in a breech presentation that required visits to the emergency room and bed rest.
In Amy’s fifth month of pregnancy, she developed high blood pressure, severe headaches, abdominal pain, nausea, and dizziness.
Her doctor diagnosed her as having preeclampsia and ordered her to remain on bed rest through the remainder of her pregnancy. This evidence indicates that Amy had a disability within the meaning of the ADA, since she had a physiological disorder that substantially limited her ability to perform major life activities such as standing, sitting, and walking, as well as major bodily functions such as functions of the cardiovascular and circulatory systems.
The effects that bed rest may have had on alleviating the symptoms of Amy’s preeclampsia may not be considered, since the ADA Amendments Act requires that the determination of whether someone has a disability be made without regard to mitigating measures. An employer discriminates against a pregnant worker on the basis of her record of a disability when it takes an adverse action against her because of a past substantially limiting impairment.
A county police department offers an applicant a job as a police officer. It then asks her to complete a post-offer medical questionnaire and take a medical examination.
The police department will violate the ADA if it withdraws the job offer based on this past history of gestational diabetes when the applicant has no current impairment that would affect her ability to perform the job safely.
Finally, an employer regards a pregnant employee as having a disability if it takes a prohibited action against her e. An employer reassigns a welder who is pregnant to a job in its factory’s tool room, a job that requires her to keep track of tools that are checked out for use and returned at the end of the day, and to complete paperwork for any equipment or tools that need to be repaired.
The job pays considerably less than the welding job and is considered by most employees to be “make work. The employee was not experiencing pregnancy-related complications, and her doctor said she could have continued to work as a welder.
The employer has regarded the employee as having a disability, because it took a prohibited action reassigning her to a less desirable job at less pay based on its belief that she had an impairment that was not both transitory and minor. The employer also is liable for discrimination because there is no evidence that the employee was unable to do the essential functions of her welder position or that she would have posed a direct threat to her own or others’ safety in that job.
Since the evidence indicated that the employee was able to perform her job, the employer is also liable under the PDA. A pregnant employee may be entitled to reasonable accommodation under the ADA for limitations resulting from pregnancy-related conditions that constitute a disability or for limitations resulting from the interaction of the pregnancy with an underlying impairment. Jennifer had been successfully managing a neurological disability with medication for several years.
Without the medication, Jennifer experienced severe fatigue and had difficulty completing a full work day. However, the combination of medications she had been prescribed allowed her to work with rest during the breaks scheduled for all employees. When she became pregnant, her physician took her off some of these drugs due to risks they posed during pregnancy. Adequate substitutes were not available. She began to experience increased fatigue and found that rest during short breaks in the day and lunch time was insufficient.
Jennifer requested that she be allowed more frequent breaks during the day to alleviate her fatigue. Absent undue hardship, the employer would have to grant such an accommodation.
Examples of reasonable accommodations that may be necessary for a disability caused by pregnancy-related impairments include, but are not limited to, the following: []. Example: The manager of an organic market is given a pound lifting restriction for the latter half of her pregnancy due to pregnancy-related sciatica.
Usually when a delivery truck arrives with the daily shipment, one of the stockers unloads and takes the produce into the store. The manager may need to unload the produce from the truck if the stocker arrives late or is absent, which may occur two to three times a month.
Since one of the cashiers is available to unload merchandise during the period of the manager’s lifting restrictions, the employer is able to remove the marginal function of unloading merchandise from the manager’s job duties. Example: A warehouse manager who developed pregnancy-related carpal tunnel syndrome was advised by her physician that she should avoid working at a computer key board. She is responsible for maintaining the inventory records at the site and completing a weekly summary report.
The regional manager approved a plan whereby at the end of the week, the employee’s assistants input the data required for the summary report into the computer based on the employee’s dictated notes, with the employee ensuring that the entries are accurate. Example: A clerk responsible for receiving and filing construction plans for development proposals was diagnosed with a pregnancy-related kidney condition that required that she maintain a regular intake of water throughout the work day.
She was prohibited from having any liquids at her work station due to the risk of spillage and damage to the documents. Her manager arranged for her to have a table placed just outside the file room where she could easily access water. Example: A postal clerk was required to stand at a counter to serve customers for most of her eight-hour shift.
During her pregnancy she developed severe pelvic pain caused by relaxed joints that required her to be seated most of the time due to instability. Her manager provided her with a stool that allowed her to work comfortably at the height of the counter. Example: An employee with depression found that her condition worsened during her pregnancy because she was taken off her regular medication.
Her physician provided documentation indicating that her symptoms could be alleviated by a counseling session each week. Since appointments for the counseling sessions were available only during the day, the employee requested that she be able to work an hour later in the afternoon to cover the time. The manager concluded that, because the schedule change would not adversely affect the employee’s ability to meet with customers and clients and that some of the employee’s duties, such as sending out shipments and preparing reports, could be done later in the day, the accommodation would not be an undue hardship.
Example: An account representative at a bank was diagnosed during her pregnancy with a cervical abnormality and was ordered by her physician to remain on bed rest until she delivered the baby.
The employee has not worked at the bank long enough to qualify for leave under the Family and Medical Leave Act, and, although she has accrued some sick leave under the employer’s policy, it is insufficient to cover the period of her recommended bed rest. The company determines that it would not be an undue hardship to grant her request for sick leave beyond the terms of its unpaid sick leave policy.
Example: An employee at a garden shop was assigned duties such as watering, pushing carts, and lifting small pots from carts to bins. Her physician placed her on lifting restrictions and provided her with documentation that she should not lift or push more than 20 pounds due to her pregnancy-related pelvic girdle pain, which is caused by hormonal changes to pelvic joints.
The manager approved her for a light duty position at the cash register. Although Title VII does not require an employer to provide pregnancy-related or child care leave if it provides no leave for other temporary illness or family obligations, the FMLA does require covered employers to provide such leave. Under the FMLA, an eligible employee [] may take up to 12 workweeks of leave during any month period for one or more of the following reasons:. Executive Order [] prohibits discrimination in federal employment based on an individual’s status as a parent.
Title VII does not relieve employers of their obligations under state or local laws except where such laws require or permit an act that would violate Title VII. In California Fed. Guerra , [] the Supreme Court held that the PDA did not preempt a California law requiring employers in that state to provide up to four months of unpaid pregnancy disability leave.
Cal Fed claimed the state law was inconsistent with Title VII because it required preferential treatment of female employees disabled by pregnancy, childbirth, or related medical conditions. The Court disagreed, concluding that Congress intended the PDA to be “a floor beneath which pregnancy disability benefits may not drop – not a ceiling above which they may not rise.
The Court, in Guerra , stated that “[i]t is hardly conceivable that Congress would have extensively discussed only its intent not to require preferential treatment if in fact it had intended to prohibit such treatment. Rather, the state law merely established benefits that employers were required, at a minimum, to provide pregnant workers.
Employers were free, the Court stated, to give comparable benefits to other employees with disabilities, thereby treating women affected by pregnancy no better than others not so affected but similar in their ability or inability to work.
Legal obligations pertaining to pregnancy discrimination and related issues are set forth above. Below are suggestions for best practices that employers may adopt to reduce the chance of pregnancy-related PDA and ADA violations and to remove barriers to equal employment opportunity.
Best practices are proactive measures that may go beyond federal non-discrimination requirements or that may make it more likely that such requirements will be met.
These policies may decrease complaints of unlawful discrimination and enhance employee productivity. They also may aid recruitment and retention efforts. The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section e-2 h of this title shall be interpreted to permit otherwise.
This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided , That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.
Guerra , U. Duke Power Co. Gilbert , U. Satty , U. See Stephen Benard et al. Stephen Benard , U. The expanded definition of “disability” under the ADA also may affect the PDA requirement that pregnant workers with limitations be treated the same as employees who are not pregnant but who are similar in their ability or inability to work by expanding the number of non-pregnant employees who could serve as comparators where disparate treatment under the PDA is alleged.
Sarasin, a manager of the House version of the PDA. Keane , Inc. Pioneer Inn Assocs. Cleveland Bd. LeFleur , U. Gaylord Entm’t Co. Family Mut. Penney Co. Moody-Tottrup, Int’l, Inc. Sisters of Saint Francis, Inc. Similarly, a disputed issue may arise as to whether the employer knew of a past pregnancy or one that was intended.
See Garcia v. Courtesy Ford, Inc. Keane, Inc. Gap Inc. Dillard Dep’t Stores, Inc. Bank , F. Northwest Airlines, Inc. Hopkins , U. Bay State Computer Group, Inc. The court in Troy found the jury was not irrational in concluding that stereotypes about pregnancy and not actual job attendance were the cause of the discharge. See also Joan Williams, Written Testimony of Joan Williams , supra note 9 discussing examples of statements that may be evidence of stereotyping. Banco Corp.
Int’l Orientation Res. Inland Steel Co. Arona Corp. Iowa Apr. Ass’n of Reform Zionists of Am. Redwood Advisory Co. Implement Workers of Am. Johnson Controls , U. Health Partners of Ohio , F.
Iowa Methodist Med. James Marine, Inc. Catholic Healthcare West , F. National Computer Sys, Inc. Centennial P. Wireless Corp. Hewlett-Packard Co. Nalco Co. Employment decisions based on infertility also may implicate the Americans with Disabilities Act, since infertility that is, or results from, an impairment may be found to substantially limit the major life activity of reproduction and thereby qualify as a disability.
Franklin Covey, Inc. Int’l Union, United Auto. In Krauel , the Eighth Circuit also rejected the plaintiff’s argument that exclusion of benefits for infertility treatments had an unlawful disparate impact on women since the plaintiff did not provide statistical evidence showing that female plan participants were disproportionately harmed by the exclusion.
DaimlerChrysler Corp. Bartell Drug Co. Employment Practices Litig. In a case decided in June , Burwell v. Hobby Lobby Stores, Inc. The Supreme Court did not reach the question whether owners of such businesses can assert that the contraceptive mandate violates their rights under the Constitution’s Free Exercise Clause. On August 1, , the Health Resources and Services Administration released guidelines requiring that contraceptive services be included as women’s preventive health services.
These requirements became effective for most new and renewed health plans in August The Departments of Treasury, Labor, and Health and Human Services issued regulations clarifying the criteria for the religious employer exemption from contraceptive coverage, accommodations with respect to the contraceptive coverage requirement for group health plans established or maintained by eligible organizations and group health insurance coverage provided in connection with such plans , and student health insurance coverage arranged by eligible organizations that are institutions of higher education.
Part 54; 29 C. Parts and ; 45 C. Parts and But see supra note The Commission disagrees with the conclusion in In re Union Pac. The court distinguished the EEOC’s decision on coverage of contraception by noting that the Commission decision involved a health insurance policy that denied coverage of prescription contraception but included coverage of vasectomies and tubal ligations while the employer in Union Pacific excluded all contraception for women and men, both prescription and surgical, when used solely for contraception and not for other medical purposes.
However, the EEOC’s decision was not based on the fact that the plan at issue covered vasectomies and tubal ligations. Instead, the Commission reasoned that excluding prescription contraception while providing benefits for drugs and devices used to prevent other medical conditions is a sex-based exclusion because prescription contraceptives are available only for women. See also Union Pacific , F.
Puerto Rico finding genuine issue of fact as to whether plaintiff’s discharge was discriminatory where discharge occurred around one half hour after plaintiff told supervisor she needed to extend her medical leave due to pregnancy-related complications, there was no written documentation of the process used to determine which employees would be terminated, and plaintiff’s position was not initially selected for elimination.
Although the plaintiff in Kucharsk i did not allege disparate impact, an argument could have been made that the restrictive medical leave policy had a disparate impact on pregnant workers. For a discussion of disparate impact, see Section I B. If the employer made exceptions to its policy for non-pregnant workers who were similar to Sherry in their ability or inability to work, denying additional leave to Sherry because she worked for the employer for less than a year would violate the PDA.
See Section I C. Additionally, if the pregnancy-related condition constitutes a disability within the meaning of the ADA, then the employer would have to make a reasonable accommodation of extending the maximum four weeks of leave, absent undue hardship, even though the employee has been working for only six months.
See Section II B. Both men and women are ‘affected by’ medical conditions of the resulting offspring. Hewlett Packard Co. PacifiCorp , F.
Int’l Bus. Genetic information includes information about the manifestation of a disease or disorder in a family member of the applicant or employee i. It also includes genetic tests such as amniocentesis and newborn screening tests for conditions such as Phenylketonuria PKU. The statute prohibits discriminating against an employee or applicant because of his or her child’s medical condition.
See 42 U. Employment decisions based on high health care costs resulting from an employee’s current pregnancy-related medical conditions do not violate GINA, though they may violate the ADA and the PDA. Guyton, Textbook of Med. Physiology describing physiological processes by which milk production occurs. Houston Funding II, Ltd.
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Many buses are equipped with platforms that lower to the curb and lift passengers and wheelchairs on board. ZipCars are mostly located near Metro stops and can be reserved for an hour or a couple of days. Moreover, the employer’s concern that Jill would likely request additional leave was based on a stereotypical assumption about pregnant workers. Uterine fibroids non-cancerous tumors that grow in and around the wall of the uterus may cause severe localized abdominal pain, carry an increased of risk of miscarriage, or cause preterm or breech birth and may necessitate a cesarean delivery.
Office of Special Investigations > OSI Careers > Officers.
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