Presented by: MSFSC Equal Employment Opportunity Division Code N-19

Equal Employment Opportunity (EEO) laws were designed to ensure that all employees and applicants for employment enjoy equality of opportunity in the federal workplace regardless of race, sex, national origin, color, religion, disability and reprisal. We all have the right to be treated fairly at work, and everyone deserves to feel comfortable and to be treated in a professional manner.

The laws enforced by the Equal Employment Opportunity Commission (EEOC) make it illegal to discriminate against applicants, employees or former employees on the basis of race, color, religion, sex, national origin, disability, or age. A person who files a complaint, participates in an investigation of an EEO complaint, opposes an employment practice made illegal under any of the statutes enforced by EEOC, serves as a complainants representative or is involved at any level in the EEO process is protected from retaliation.

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin; The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older; Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; Americans with Disabilities Act of 1990 (ADA) and as Amended in 2008, which protects individuals that have a physical or mental impairment that substantially limits a major life activity; and

The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

RACE: Race relates to the social-political categories such as American Indian or Alaskan Native; Asian; Black or African American; Native Hawaiian or Other Pacific Islander and White; and one ethnicity category of Hispanic or Latino. C OLOR: The commonly understood definition of color is the pigmentation, complexion, or skin shade or tone.

AGE: The ADEA protections apply to applicants, employees and former employees who are 40 years of age or older from employment discrimination based on age. DISABILITY: The Rehabilitation Act of 1973 defines a disabled person as one who: (1) Has a physical or mental impairment that substantially limits one or more of the person's major life activities; (2) Has a record of such an impairment; and/or (3) Is regarded as having such an impairment.

NATIONAL ORIGIN: National origin refers to an individual's country of birth, ethnic background, accent or association with someone of a particular nationality. RELIGION: For the purposes of Title VII, the term "religion" includes all aspects of religious observations, practice, and belief. SEX: Either of the two forms of individuals that are distinguished respectively as female or male.

RETALIATION: EEOC Compliance Manual defines retaliation to include three essential elements:

PROTECTED ACTIVITY: (Element 1) Opposes those actions made illegal by the EEO laws; File a charge, testify, assist, or participate in any manner in an investigation, proceeding, hearing, or litigation under Title VII, the ADEA, the EPA, or the Rehabilitation Act.

RETALIATION: EEOC Compliance Manual defines retaliation to include three essential elements:

ADVERSE ACTIONS: (Element 2) Denial of promotion, job benefits, demotion, termination, reprimands and suspensions;

RETALIATION: EEOC Compliance Manual defines retaliation to include three essential elements:

CASUAL CONNECTION: (Element 3) Able to prove a connection between the protected activity and the adverse action.

Hiring and firing; Compensation, assignment, or classification of employees; Transfer, promotion, layoff, or recall; Job advertisements; Recruitment; Testing; Use of company facilities; Training and apprenticeship programs;

Pay, retirement plans, and disability leave; Harassment on the basis of race, color, religion, sex, national origin, disability, or age; Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; or Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.

The first step is to contact an EEO Counselor within 45 calendar days of an alleged discriminatory action or within 45 calendar days of an alleged discriminatory personnel action and file an informal complaint. The individual may volunteer to participate in ADR. Counseling must be completed within 30 calendar days and ADR within 90 calendar days. At the end of counseling, or if ADR is unsuccessful, the individual may then file a formal complaint with the agency.

The agency must complete an investigation of the complaint within 180 calendar days of the date the formal complaint is filed. Once the investigation is completed the complainant has 30 calendar days to request a hearing and decision by an EEOC administrative judge; an immediate final decision from the Secretary of the Navy; or may submit a written request to withdraw the complaint.

In cases where a hearing is requested, the administrative judge generally takes up to 180 calendar days and sends the decision to both parties. However, cases are rarely decided within 180 days and generally run much longer. Where discrimination is found, the administrative judge orders appropriate relief. If the agency does not issue a final order within 40 calendar days after receiving the administrative judge's decision, the decision becomes the final action of the agency.

If the agency determines not to implement the decision of the administrative judge, in full or in part, it must notify the complainant of its determination in a final order within 40 calendar days of its receipt of the administrative judges decision and it must simultaneously file an appeal with the EEOC. If the complainant is dissatisfied with the agencys final action, he/she may file an appeal with the EEOC within 30 calendar days of receipt of the final action.

A complainant who has filed an individual complaint may file a civil action in an appropriate United States District Court as follows: within 90 calendar days of receipt of the final action, if no appeal has been filed; after 180 calendar days from the date of filing a complaint, if an appeal has not been filed and final action has not been taken; within 90 calendar days of receipt of the EEOC's final decision on an appeal; or after 180 calendar days from the date of filing an appeal with the EEOC, if there has been no final decision by the EEOC.

The shifting burdens of proof were established by the Supreme Court in 1973 and 1981, respectively. Three (3) steps are usually followed to establish that discrimination existed.

Initially, the burden is on the complainant who must establish a case of discrimination by a preponderance of the evidence.

If the complainant presents a satisfactory case, then the burden shifts to the employer, who must articulate a legitimate, non-discriminatory business-related reason to support the action, which resulted in the alleged discrimination. If the employer articulates a legitimate reason, then the burden shifts back to the complainant who must prove by a preponderance of the evidence that the employers reason were a pretext for discrimination.

There may be a time when the need arises to make adjustments to assignments, work schedules, working hours, and or a persons duties because of a situation or event in an employees life. The department of the Navy has a program called Reasonable Accommodation that is designed to help managers and employees deal with specific events.

There are two types of Reasonable accommodation requests. One is for Qualified Individuals with a Disability and the second is for Religious Accommodation.

Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship. Reasonable accommodation and undue hardship under the Americans with Disabilities Act (ADA) states that as a general rule, the individual with a disability must inform the employer that an accommodation is needed. However, an employer could initiate the reasonable accommodation interactive process without being asked.

Reasonable accommodation is there to assist employees in continuing to perform their jobs with some sort of assistance. The assistance can be anything from alternate work schedules, special equipment, or other assistance to perform functions of the job. Reasonable accommodation only applies to functions of the job that are non-essential functions. Essential functions of jobs are outlined in the Position Descriptions.

If an applicant or employee seeks religious accommodation, the applicant or employee must make the employer aware of the need for accommodation and that it is being requested due to a conflict between religion and work. Unless an employer demonstrates that it is unable to reasonably accommodate an employee's or perspective employee's request, then the employer must make every attempt at reasonable accommodation.

ADMINISTRATIVE GRIEVANCE: An administrative grievance is a request by an employee for personal relief concerning a matter under control by agency management. The administrative grievance system addresses any issues not appealable to another agency or process.

NEGOTIATED GRIEVANCE: A negotiated grievance system also addresses issues under management control, including issues that are appealable elsewhere if the negotiated contract allows it. The negotiated grievance process is provided by a collective bargaining agreement between a union and agency management. Negotiated grievance procedures cannot address grievance regarding content of policy, awards, or nonselection for promotion from a properly compiled best-qualified list.

Even if an action involves an EEO issue, employees who have standing and who have suffered an appealable event may appeal with the MSPB. They have the right to a hearing and to be represented. They must petition for review of an agency decision no later than 30 calendar days after the effective date of the action appealed. The MSPB also reviews mixed case complaints for employees who have standing. 29 Code of Federal Regulations states A mixed case appeal is an appeal filed with the MSPB that alleges that an appealable agency action was effected, in whole or in part, because of discrimination on the basis of race, color, religion, sex, national origin, handicap or age.

Federal sector procedures for processing individual complaints of discrimination based on Race, Color, Religion, Sex, National Origin, Age, Disability or Reprisal under 29 CFR Part 1614 45 days to file an informal from the date of Occurrence
occurrence

INFORMAL STAGE

Pre-Complaint Activities

Traditional Counseling 30 days Extension up to 60 days

Total of 90 Days

Alternative Dispute Resolution Mediation - 90 Days

Notice of Final Interview (NFI) 15 days from receipt of NFI to file Formal Complaint

FORMAL STAGE

Formal Complaint Filed 180 days to investigate and issue report Can file in Civil Court 180 days after filing formal complaint 30 days to request EEOC Hearing or Final DON Decision

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Federal sector procedures for processing individual complaints of discrimination based on Race, Color, Religion, Sex, National Origin, Age, Disability or Reprisal under 29 CFR Part 1614 FORMAL STAGE (Continued)
If EEOC Hearing elected

30 days to request EEOC Hearing or Final DON Decision If DON Decision elected

40 days from receipt of Admin Judge finding to issue Final DON Decision

60 days from request to Issue Final DON Decision

30 days from receipt of Final DON Decision to Appeal to EEOC 30 days from receipt of Office of Federal Operations Decision to request reconsideration 90 days from receipt of Final Agency or Office of Federal Operations Decision to File Civil Action

The flow chart above illustrates the complaint process, however, it does not cover all the necessary details. For all the details of the process consult the Equal Employment Opportunity Commission (EEOC) or DON Directives. All times referred to in the flow chart represent calendar days. Class action complaints require a different process. The correct procedure for class action complaints can be found in 29CFR 1614 Subpart B.