Equal Employment Opportunity Office (EEO)

Equal Employment Opportunity (EEO)

VISION: To have a diverse work force in an environment that is free of unlawful discrimination and sexual harassment, where employees are treated with dignity and respect.

MISSION: To plan and administer an effective, viable and comprehensive EEO program.

AUTHORITIES: Title VII, Civil Rights Act - 1964 as amended 1972 Age Discrimination in Employment Act - 1967 Equal Pay Act - 1972 Rehabilitation Act - 1973 Executive Order 12106 Civil Rights Act 1991 Americans with Disabilities Act 1990 Americans With Disabilities Act Amendments of 2008

EEOC REGULATIONS: 29 Code of Federal Regulations Part 1614 EEOC Management Directives 110 and 715 DoD Directives

ARMY REGULATIONS: AR 690-600 (EEO Complaints)
AR 690-12 (EEO Programs)

EEO PROGRAM COMPONENTS

Complaint Processing: (See Policies and Procedures)
- Traditional Counseling (30 days) - Alternative Dispute Resolution (Mediation-90 days)

Training
- Prevention of Sexual Harassment (See POSH Schedule) - New Employee Orientation - EEO Training for Managers and Supervisors - No FEAR Training - Reasonable Accommodation

Diversity Program - Federal Women's Program - Black Employment Program - Hispanic Employment Program - Program for Individuals with Disabilities - Asian American/Pacific Islander Employment Program - Native American/Alaskan Native Employment Program - Minority College Recruitment Program

Affirmative Employment Programs - Disabled Veterans Affirmative Action Program - Affirmative Employment Program - MD 715

Reasonable Accommodation (RA) Program - Individual with a Disability Program - RA panel (EEO/CPAC/SJA)

Community Liaison

EEO Climate Assessments

Calendar of Special Observances

January - Dr. Martin Luther King, Jr. Birthday February - African American History Month March - Women's History Month April – Holocaust Remembrance May - Asian/Pacific American Heritage Month August - Women's Equality Day September 15-October 15 - Hispanic Heritage Month October - National Disability Awareness Month November - American Indian Heritage Month

Prevention of Sexual Harassment (POSH) Training Schedule

WHERE: US Army Continuing Education Center 4600 Strom Thurmond Blvd, Room B206

Refresher (POSH-R) May 14, 2009 - 1400-1500 August 12, 2009 - 1000-1100

Initial Supervisor (POSH-S) June 10, 2009 – 1330-1600 August 26, 2009 – 0900-1130 September 16, 2009 – 0900-1130

Initial Employee (POSH-E) May 21, 2009 – 0900-1130 July 23, 2009 – 0900-1130

EEO Laws and EEOC Regulations

· Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e
prohibits employment discrimination based on race, color, religion, sex, or national origin.

· The Civil Rights Act of 1991
Amends the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes. It also provides monetary damages in cases of intentional employment discrimination.

· Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (NO FEAR)
Requires that Federal agencies be accountable for violations of anti-discrimination and whistleblower protection laws; to require that each Federal agency post quarterly on its public Web site, certain statistical data relating to Federal sector equal employment opportunity complaints filed with such agency; and for other purposes.

· Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 Section III Instructions (No FEAR) EEOC’s instructions to agencies on the implementation of the NO FEAR Act.

· Rehabilitation Act, 29 U.S.C. §791
Sections 501, 502, 504, 508 of the Rehabilitation Act of 1973 makes it illegal to discriminate against federal employees and applicants for employment based on disability. Federal agencies are required to make reasonable accommodations to the known or perceived physical and mental limitations of qualified employees or applicants with disabilities. See The Army’s 508 site for guidelines.

· Age Discrimination in Employment Act, 29 U.S.C. §621
(ADEA) protects individuals who are 40 years of age or older by prohibiting age discrimination in hiring, discharge, pay, promotions, and other terms and conditions of employment.

· Equal Pay Act, 29 U.S.C. § 206(d)
protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

· Administrative Dispute Resolution Act of 1996, 5 U.S.C. §571
Defines alternative as any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, fact-finding, mini-trials, arbitration, and use of ombudsman, or any combination thereof.

· Alternative Dispute Resolution Act of 1998, 28 U.S.C. §651
Further refines an alternative dispute resolution process to include any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, mini-trial, and arbitration as provided in sections 654 through 658.

· 29 C.F.R. Part 1614
Basic EEOC guidelines on the management of the EEO program and the EEO complaint process.

· EEOC Management Directive-110 (Nov. 1999)
EEOC technical manual for managing and implementing the EEO complaint process.

· EEOC Management Directive 715
EEOC guideline for Affirmative Employment and Affirmative Action programs for persons with disabilities. This management directive also provides guidance on program management.

· EEOC Laws and Regulations Index
The listing of US Code of Regulations (CFR) that pertain to EEO program management.

· Prohibited Personnel Practices
A list of prohibited HR management actions that apply to managers in the Federal sector.

· Merit Principles
HR guidelines for managers that define the operational philosophy of the management of employee programs.

· Uniform Selection Guidelines
Guidelines for analyzing EEO data as well as detail implementation instructions for the management of the employee referral and selection process.

Facts About Federal Sector Equal Employment Opportunity Complaint Processing Regulations (29 CFR Part 1614)

Protection From Illegal Discrimination

The statutes enforced by EEOC make it illegal to discriminate against employees or applicants for employment on the bases of race, color, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the statutes enforced by EEOC, is protected from retaliation.

In addition to laws that EEOC enforces, there are federal protections from discrimination on other bases including sexual orientation, status as a parent, marital status, political affiliation, and conduct that does not adversely affect the performance of the employee.

REMEDIES

EEOC's policy is to seek full and effective relief for each and every victim of discrimination. The remedies may include:

posting a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation;
corrective or preventive actions taken to cure or correct the source of the identified discrimination;
nondiscriminatory placement in the position the victim would have occupied if the discrimination had not occurred;
compensatory damages;
back pay (with interest if applicable) and lost benefits; and
stopping the specific discriminatory practices involved.

FILING A COMPLAINT WITH A FEDERAL AGENCY

The following gives you an overview of the complaint process. For a more detailed description of the process, see Federal Sector Complaint Processing Procedures.

Employees or applicants who believe that they have been discriminated against by a federal agency have the right to file a complaint with that agency. The first step is to contact an EEO Counselor at the agency within 45 days of the discriminatory action. The individual may choose to participate in either counseling, or in ADR when the agency offers ADR. Ordinarily, counseling must be completed within 30 days and ADR within 90 days. At the end of counseling, or if ADR is unsuccessful, the individual may then file a complaint with the agency.

The agency must conduct an investigation of the complaint, unless the complaint is dismissed. If a complaint is one containing one or more issues that must be appealed to the Merit Systems Protection Board (MSPB), the complaint is a "mixed case." It is then processed under the Board's procedures. For all other EEO complaints, once the agency finishes its investigation the complainant may request a hearing before an EEOC administrative judge or an immediate final decision from the agency.

In cases where a hearing is requested, the administrative judge issues a decision within 180 days and sends the decision to both parties. Where discrimination is found, the administrative judge orders appropriate relief. If the agency does not issue a final order within 40 days after receiving the administrative judge's decision, the decision becomes the final action of the agency. If the agency issues an order notifying the complainant that the agency will not fully implement the decision of the administrative judge, the agency also must file an appeal at the same time.

An individual, acting as a class agent, also may file a class complaint with an agency. Class complaints must be certified by an EEOC administrative judge in order to be accepted for processing.

FILING AN APPEAL WITH EEOC

A dissatisfied complainant may appeal to EEOC an agency's final action within 30 days of receipt. The agency may appeal a decision by an EEOC administrative judge within 40 days of receiving the administrative judge's decision.

On class complaints, a class agent may appeal an agency's final decision on the merits of the class complaint within 30 days from receipt, or a class member may appeal the final decision on his or her claim for individual relief within 30 days from receipt of the final decision.

If the complaint is a "mixed case," the complainant may appeal the final agency decision to the MSPB or ask the Board for a hearing. Once the Board issues its decision on the complaint, the complainant may petition EEOC for review of the Board decision concerning the claim(s) of discrimination.

Facts About Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) that is offered by the U.S. Equal Employment Opportunity Program as an alternative to the traditional investigative or litigation process. Mediation is a process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. The decision to mediate is completely voluntary for the charging party. Mediation gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into resolutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone.

How Mediation Works

An EEO representative will contact those involved concerning their participation in the process. A mediation session conducted by a trained and experienced mediator is scheduled. While it is not necessary to have an attorney in order to participate in the EEO Mediation Program, either party may choose to do so. It is important that persons attending the mediation session have the authority to resolve the dispute. If mediation is unsuccessful, the charge is investigated like any other charge.

Advantages of Mediation

Free
Mediation is available at no cost to the parties.
Fair and Neutral
Parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of guilt or innocence in the process.
Saves Time and Money
Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.
Confidential
All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone
Avoids Litigation
Lengthy litigation CAN be avoided. Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome.
Fosters Cooperation
Mediation fosters a problem solving approach to complaints and workplace disruptions are reduced. With investigation, even if the charge is dismissed by EEOC, the underlying problems may remain, affecting others in the workforce and human resources staff.
Improves Communication
Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.
Discover the Real Issues in your Workplace
Parties share information, which can lead to a better understanding of issues affecting the workplace.
Design your own Solution
A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute.
Everyone Wins
An independent survey showed 96% of all respondents and 91% of all charging parties who used mediation would use it again if offered.

DISABILITY DISCRIMINATION

ACCOMMODATION

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;
Has a record of such an impairment; or
Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
Job restructuring, modifying work schedules, reassignment to a vacant position;
Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Title I of the ADA also covers:

Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.
Drug and Alcohol Abuse
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.

Americans with Disabilities Act Amendments Act (ADAAA) of 2008

The ADAAA was signed into law 2008 and became effective January 2009. It seeks to enhance the protections of the ADA, expand who is covered, does not change the meaning of reasonable accommodation, will likely result in more RA requests, likely more RA complaints will be filed and is likely that more courts may rule against employees.