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Division of State Reaches Settlement Resolving Longstanding Claims of Incapacity Discrimination Regarding Its Worldwide Availability Requirement for Profession Division of State International Service Candidates

The Division of State is happy to announce it has reached an settlement to settle Meyer et al. v. US Division of State, a longstanding class motion pending on the Equal Employment Alternative Fee (EEOC) over successive administrations that challenges the Division’s Worldwide Availability requirement for profession International Service candidates. This is a crucial step ahead within the Division’s efforts to create a workforce that displays the total range of the American folks and ensures we’ve got the very best staff representing america overseas. Our biggest accomplishments are achieved when various, dynamic views energy our diplomatic efforts.

The settlement resolves the claims of over 230 people whose employment with the Division was both delayed or denied on account of their incapacity to acquire a “Class 1” medical clearance, additionally known as a “Worldwide Obtainable” medical clearance. The phrases of the settlement settlement have obtained preliminary approval by the EEOC and have been briefed to the American International Service Affiliation. Class members will now have a chance to remark. A closing listening to to approve the settlement settlement is scheduled for March 15, 2023. The phrases of the settlement settlement will turn into efficient shortly thereafter, relying on whether or not any appeals of the ultimate approval order can be found and filed. The whole settlement settlement is posted on the Division’s web site.

If the settlement settlement receives closing approval, the Division will prolong conditional gives of employment to most of the class members (excluding, for instance, those that have already been employed or who’re now not eligible for rent by the Division for non-medical causes ). The Division has additionally agreed to undertake a revised minimal medical qualification customary for Division profession International Service candidates that will change our present requirement for a Class 1 medical clearance; this might be monitored by the EEOC for a interval of 5 years. Lastly, the Division pays $37.5 million to settle the case.

For generalists and specialists, besides medical specialists[1], candidates will must be medically cleared to serve in any respect designated Regional Medical Evacuation Facilities – presently Bangkok, London, Pretoria, and Singapore. The revised minimal medical qualification agreed to as a part of the settlement might be used solely to find out whether or not an applicant is medically certified for rent and won’t be used to outline or restrict the universe of posts at which the applicant can serve. The settlement settlement makes no different adjustments to present qualification requirements for Division International Service candidates. Moreover, the settlement settlement makes no adjustments to the Division’s directed task coverage for entry degree staff.

It’s the intent of the Division to take care of the revised minimal medical qualification customary as long as it stays in compliance with the legislation and permits the Division to fulfill the wants of the International Service. Throughout the five-year monitoring interval, the Division will periodically assess the affect of the revised coverage on the Division’s means to fulfill the wants of the International Service. The settlement settlement features a mechanism to permit for modifications of the revised coverage if the Division determines that the revised coverage is just not assembly the wants of the International Service.

The phrases of the settlement introduced as we speak are commensurate with the Division’s dedication to inclusive workforce insurance policies. The Division continues to look at areas by which insurance policies might be designed or up to date to replicate the Secretary’s modernization agenda, which incorporates attracting and retaining high expertise that displays our nation’s range.

For additional info, please contact Dana Murray at murraydc@state.gov.


[1] A separate revised minimal medical qualification customary has been agreed to for medical specialists.

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