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- The Notification and
Federal Employee Anti-discrimination and Retaliation Act
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Protection From DiscriminationStatutes enforced by Equal Employment Opportunity Commission (EEOC) make it illegal to discriminate against employees or applicants for employment on the bases of race, color, religion, sex (including sexual harassment), national origin, disability (physical or mental) , or age (40 years old and above). 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. If an Agency engages in retaliation, it forms a new basis of an EEO complaint, i.e., reprisal. In addition, Executive Order No. 13087 makes it illegal for any federal employer to discriminate on the basis of sexual orientation. (See also, EEO Laws and Executive Order; www.EEOC.gov.)
Alternative Dispute ResolutionIt is the policy of the Defense Security Service to resolve employee/management problems quickly and at the lowest organizational level possible. To this end, DSS employees, including management officials, are encouraged to use Alternative Dispute Resolution (ADR) when feasible, to resolve issues brought to the EEO process. The goal of ADR is to assist the parties of a dispute in resolving issues in controversy quickly, creatively, and at less cost than the traditional EEO complaint process. For more information on the ADR Program for EEO Complaints, please read the FAQ's, and the DSS Regulation 08-13 which covers important information such as eligibility, responsibilities and how the process works. The Director's letter of support further encourages the use of this program. The Office of Diversity Management has also developed a PowerPoint presentation as a self-guided tutorial on the DSS program for Alternative Dispute Resolution for EEO Complaints. Alternative Dispute Resolution - FAQsQ: The ADR procedure used in DSS is Mediation, but what is 'mediation'? A: Mediation is a joint session in which a DoD certified mediator conducts a meeting with the parties. The mediator is a non-DSS, neutral, third party, who has limited knowledge of the issues and who is required to keep the discussion confidential, to the extent possible. The mediation session begins with each party telling their side of the dispute. The mediator may meet with each party separately (commonly referred to as a caucus). The parties will enter into discussions with the goal toward achieving an agreement. Q: How is the EEO complaint process affected? A: If a written agreement is reached during mediation, it will be binding on everyone, and any issues previously brought up through the EEO process, will be withdrawn. If an agreement is not reached, the aggrieved individual still has the right to pursue an EEO complaint at the point at which mediation began. Q: How do I request mediation? A: An employee who desires to have an EEO-related dispute mediated must contact:
Q: What happens after requesting mediation? A: It will be determined whether the dispute is appropriate for the mediation. If it is determined the issue is not appropriate for the mediation, the Office of Diversity Management will advise the employee of other avenues available for consideration. If mediation is offered and accepted, mediation will normally occur within two weeks. If the aggrieved individual has already filed an informal EEO complaint, the counseling period will be extended to 90 days (versus the traditional 30 days). Mediation can also occur during the formal stage of an EEO complaint. Q: Why use mediation? A: Since the parties, with the assistance of the mediator, create their own settlement agreement, there is greater potential for lasting results, improved communication and also savings in time and money. Mediation allows the parties to explore a wide range of concerns and creative solutions which enhances working relationships. Discrimination FAQsQ: What is illegal discrimination? A: Making an employment decision based on a prohibited factor such as: race, gender, color, religion, national origin, age, disability (mental or physical), reprisal (for prior EEO involvement), or sexual orientation. Q: What are the theories of discrimination? A: There are two theories of discrimination: (1) disparate treatment and, (2) adverse impact. Q: What is disparate treatment? A: Disparate treatment occurs when an employee is intentionally treated differently from other employees who are in similar situations because of a prohibited factor (race, gender, color, religion, national origin, age, disability, reprisal (for prior EEO involvement), or sexual orientation). Q: What is adverse impact? A: Adverse impact occurs when a system is designed to treat everyone equally, but in reality, it more harshly impacts a certain protected group and it cannot be justified by business necessity. Q: What do I do if I feel I am being discriminated against? A: Contact an EEO Counselor or the Office of Diversity Management within 45 days from the date of the alleged discriminatory event. EEO FormsClick on the appropriate link below to download the proper form.
REGULATIONTitle 29, Code of Federal Regulations, Section 1614, governs the EEO process. As of November 1999, Part 1614 of the federal sector equal employment opportunity complaint processing regulations was revised to make the procedures for processing complaints more effective. This revised regulation requires all federal agencies for the first time to establish or make available Alternative Dispute Resolution programs. The counseling process and the procedures for requesting a hearing before an Equal Employment Opportunity Commission (EEOC) Administrative Judge (AJ) are also revised. AJs now have the authority to dismiss complaints and issue decisions on complaints when a hearing is requested. The revised regulation also includes changes to the class complaint procedures, appeal procedures, and attorney's fees provisions. LAWS1. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (as amended) This was one of the first laws designed to fight discrimination. This law made it illegal for employers to deny anyone a job on the bases of race, color, religion, sex or national origin. It also prohibited discrimination in firing, promotion, training and other privileges of employment. The Act was amended in 1972 by the Equal Employment Opportunity Commission to extend coverage to federal employees. It was again amended in 1991 to include the right for complainants to have a jury trial and to obtain compensatory damages. 2. AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) This law was passed in 1967 and specifically prohibited discrimination in employment based on age (40 years or older). The ADEA also allows a person alleging age discrimination to have the option to either: (1) seek resolution through the EEO complaint process; or, (2) file a civil action in district court. If the EEO Complaint process is elected, all administrative remedies must be exhausted before a complainant can file a suit in US District Court. 3. EQUAL PAY ACT (EPA) This law was enacted in 1963. It prohibited different rates of pay for men and women doing similar work provided that there would be equal pay for similar work (similar effort, similar skill, similar responsibility, similar working conditions). 4. REHABILITATION ACT (as amended) The "Rehab" Act was enacted in 1973. It prohibits discrimination due to a physical or mental disability. It further requires agencies to make reasonable accommodations for known physical or mental limitations of a qualified disabled applicant or employee, with some exceptions. For further information about disability, reasonable accommodation and the Rehabilitation Act, see Diversity Team. EXECUTIVE ORDERExecutive Order No. 11478 (1998) was signed by the President on May 28, 1998 to prohibit discrimination based on sexual orientation. Note: Until this Executive Order is implemented into law by Congress, the Agency is responsible for issuing a final decision and the complainant has no EEOC privileges (hearings or appeals). Investigation of EEO ComplaintsAll EEO investigations of the accepted issues in an EEO complaint are conducted (for a fee) by the Investigations and Resolutions Division. The EEO Specialist handles all coordination of this effort. The Agency has the burden to insure that all investigations are completed with 180 days from the date of filing of the formal complaint. After the initial request to the Investigations and Resolutions Division to conduct an investigation, the Investigations and Resolutions Division will assign a case number and an investigator to the case. The investigator will generally request that the Agency provide the Investigations and Resolutions Division with various documents relative to the EEO issues. Most often, submission of the documents is requested with very short suspense dates and thus Agency personnel are often tasked with expediting relies to these requests. The investigator will the coordinate with the EEO Specialist dates and times for the conduct of interviewing the complainant and Agency management officials. The testimony from these interviews is often reduced to sworn statements. Interviewees should be certain to retain a copy of any sworn statement. Of course, always be truthful with the investigator. All interviewees should conduct some preparation prior to their meeting with the investigator:
Once the investigation is completed, the Investigations and Resolutions Division will provide a written Report of Investigation (ROI). A copy of the ROI will be disseminated to the complainant, together with a letter which explains the next step in the EEO process. EEO Team - Roles and Responsibilities
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Page last updated March 9, 2010 |