Command Diversity Office

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EEO


Special Emphasis Programs receive their authority from Federal statues, regulations, and Presidential Executive Orders which include, but are not limited to, the Civil Rights Act of 1964, as amended, Age Discrimination in Employment Act, Rehabilitation Act, Equal Employment Opportunity Act. The term, “Special Emphasis Programs,” refers to employment related programs which focus special attention on groups that are underrepresented in a specific occupational category or grade level within work force. These programs serve as a channel to management officials. By utilizing Special Emphasis Program and engaging with affinity groups, commands and activities can raise awareness of the importance of diversity and inclusion and demonstrate TRADOC’s commitment to a model workplace for the many thousands of Civilians and Soldiers that are assigned. TRADOC also engages with affinity groups in support of our military recruitment efforts as well as for individual recognition in their awards program. As hiring and budgetary restrictions soften, TRADOC expects to use several affinity groups to assist in targeted recruitment efforts of Civilians. To top off our Special Emphasis Program, TRADOC conducts Special Commemorations and Ethnic Observances to provide culture awareness to everyone.

 

Extension Specialty Area
Sexual Harassment/Assault Response and Prevention (SHARP)
6917 Program Manager
6846 SHARP NCOIC
0000 SHARP Operations Analyst (Vacant)
6847 Lead SARC
6011 SHARP Prevention Specialist
0000 SHARP Trainer/Instructor (Vacant)
0000 SHARP Trainer/Instructor (Vacant)

Equal Employment Office (EEO)

6507 EEO Complaints Manager
6505 Disability Program Manager

Equal Opportunity (EO) Program
6932 Program Manager
6930 Diversity Sergeant Major
6874 Senior Equal Opportunity Advisor
6847 Equal Opportunity Advisor
6848 Equal Opportunity Advisor
6886 Equal Opportunity Advisor

CDO Org Chart

Equal Employment Opportunity (EEO) Civilian Mission

To prevent employment discrimination based on race, color, national origin, sex, religion, age, disability, reprisal, or genetic information and promote equal employment opportunity, diversity and inclusion within the U.S. Army Training and Doctrine Command.

Complaint Processing

References.

– AR 690-600 Equal Employment Opportunity Discrimination Complaints


EEO Laws

Age Discrimination in Employment Act (ADEA) of 1967, as amended – The ADEA prohibits discrimination in employment on the basis of age (40 years or older).

Americans with Disabilities Act (ADA) and Rehabilitation Act of 1973 – These laws prohibit discrimination against qualified people with disabilities who are able to perform the essential functions of the job. The law also requires employers to provide reasonable accommodations to assist individuals in performing their jobs unless the agency can demonstrate that the accommodations would impose an undue hardship on the operation of its program.

Equal Pay Act of 1963 – The Equal Pay Act prohibits sex-based wage discrimination. It prohibits Federal agencies from paying employees of one sex lower wages than those of the opposite sex for performing substantially equal work. Substantially equal work means that the jobs require equal skills, effort, and responsibility, and that the jobs are performed under similar working conditions.

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) – Prohibits genetic information discrimination in employment. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs – referred to as “covered entities”) from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

Title VII of the Civil Rights Act of 1964, as amended – Title VII prohibits discrimination based on race, color, religion, sex, or national origin. It also prohibits reprisal or retaliation for participating in the discrimination complaints process or for opposing any unlawful employment practice under Title VII.

EEO Complaint Process

Title 29, Code of Federal Regulations, Part 1614; and Army Regulation 690-600 prohibit discrimination based on race, sex (to include Sexual Harassment, Sexual Orientation, & Pregnancy), color, national origin, religion, age, physical or mental disability, genetic information, or reprisal for prior EEO activity.

Any employee, former employee, or applicant for employment with TRADOC who believes she/he has been discriminated against, may file a complaint with the Equal Employment Opportunity (EEO) Office. In order to file a complaint, it must be initiated with the TRADOC EEO Office within 45 calendar days of the alleged discriminatory action or event, or within 45 calendar days of first becoming aware of the alleged action or event.

The EEO complaint process has two stages: Informal where the allegation is counseled or mediated; and Formal where the allegation is investigated and/or adjudicated.

Steps in Filing a Discrimination Complaint:

· Step One: Informal Stage

The employee/former employee/job applicant must contact the EEO Office. At that time, the person would choose to initiate counseling or mediation.

EEO Counseling: An informal complaint (also referred to as a pre-complaint) would be assigned to an EEO counselor who conducts an inquiry and attempts to resolve the complaint. If the complaint is not resolved, the Counselor holds a final interview within 30 calendar days of the date the matter was brought to the attention of EEO office. At the end of the counseling period, if the complaint was not resolved, the Counselor will provide the aggrieved written notice of the right to file a formal complaint of discrimination.

Mediation: Mediation is a form of alternative dispute resolution, which uses a mediator (neutral, objective, third party) to bring the aggrieved and management together to discuss the situation face-to-face in an attempt to reach a mutually satisfactory solution to the employment matter. If the matter is not resolved through mediation, the aggrieved will be provided a written notice of the right to file a formal complaint of discrimination.

· Step Two: Formal Stage

If the aggrieved is not satisfied with the results received at the informal stage, he or she may file a formal complaint within 15 days of receipt of the notice of right to file a formal complaint. If EEO accepts the complaint, it is forwarded for investigation. If EEO dismisses the formal complaint, it will provide instructions to the complainant for appealing the dismissal. After a formal complaint is investigated, the Report of Investigation (ROI) is sent to the complainant. Within 30 days of receipt of the ROI, the complainant must submit a request to EEO for either a hearing from the Equal Employment Opportunity Commission (EEOC) or for a Final Agency Decision (FAD) from the Department of the Army.

Requesting a Hearing from EEOC

If a hearing is requested, EEOC may decide to conduct a hearing or, it may issue findings and recommendations without a hearing. If a hearing is held, an EEOC Administrative Judge will hear sworn testimony from witnesses from both sides. The EEOC has 180 days from the date of the hearing request to hold the hearing and issue its findings and recommendations to the Agency. Within 60 days of receiving the EEOC’s findings and recommendations, Department of the Army may accept the findings and recommendations and grant the relief ordered by the Administrative Judge or Army may issue a final decision rejecting or modifying the findings and recommendations.

Requesting a Final Agency Decision

The Army must issue a final decision within 60 days of a complainant’s request for a decision. The final decision consists of findings by the Army on the merits of each issue in the complaint and appeal rights to EEOC. The final decision must also contain a notice of the right to file a civil action in Federal District Court.

Point of Contact: Command Diversity Office, Disability Program Manager, 661 Sheppard Place, Ft. Eustis, VA 23604, phone number 757.501.6505.

TRADOC Equal Employment Opportunity Office Complaints & Compliance Manager:

EEO mailbox usarmy.jble.tradoc.mbx.tradoc-diversity-eeo@army.mil

Reference. AR 690-12 Equal Employment Opportunity and Diversity, Appendix C

Federal Law.

Rehabilitation Act of 1973, as amended

Section 501 requires Federal agencies to make reasonable accommodations to qualified applicants for employment and employees with disabilities.

TRADOC Policy

TRADOC is fully committed to providing reasonable accommodations for qualified employees and applications with disabilities unless doing so would cause an undue hardship on the organization.

TRADOC has a legal responsibility to provide reasonable accommodations to qualified employees or applicants with disabilities, absent an undue hardship on the organization. Requests for reasonable accommodations should be processed in a prompt and efficient manner (within 30 business days excluding pauses, e.g., for information or review). Leaders must consult with servicing Disability Program Manager and staff Judge Advocate or labor attorney before denying a reasonable accommodation request.

Why is Reasonable Accommodation Important?

Offering Reasonable Accommodations removes any barriers that may prevent people with disabilities from applying for or performing jobs for which they are qualified.  TRADOC also benefits by fostering an environment where people of all abilities can contribute their talents in support of the mission.

How Does an Employee or Applicant Request a Reasonable Accommodation?

May be Written or Oral – A request for reasonable accommodation is an oral or written request made by an employee or his/her representative (e.g., a family member, health care professional, or agent) to the employee’s supervisor, any manager in the chain of command, or the Disability Program Manager.

No Magic Words Required – A Requestor does not have to use words such as “Reasonable Accommodation,” “disability” or “Rehabilitation Act.”

When Medical Information is needed to make a Disability Determination?

The decision maker in coordination with the DPM will request information or documentation about the disability and/or functional limitations from the appropriate professional such as a doctor, specialist, social worker or rehabilitation counselor.  Only information that is relevant to making a decision about the reasonable accommodation is requested.  Complete medical records are not required.  Information should contain the following information. 

  • The nature, severity and duration of the person’s disability;
  • The activity or activities that the impairment limits;
  • The extent to which the impairment limits the employee’s ability to perform the activity or activities; and/or
  • Why the person requires a Reasonable Accommodation or the particular Reasonable Accommodation requested, how the Reasonable Accommodation will help a person apply for a job, perform the essential functions of the job, and/or enjoy the benefits of the workplace.

Is Medical Information kept Confidential?

Under the Rehabilitation Act, medical information obtained in connection with the Reasonable Accommodation process must be kept confidential.  All information about functional limitations and Reasonable Accommodation needs that decision makers or DPMs obtains must be kept in files separate from the employee’s personnel file. 

Information may be disclosed to:

  • Decision maker, DPM, Staff Judge Advocate, and medical personal assisting the decision maker with a determination with a need to know about the necessary restrictions on the work or duties of the employee and/or about the necessary accommodation(s);
  • First aid and safety personnel may be informed, if the disability might require emergency treatment;
  • Government officials if necessary to investigate the agency’s compliance with the Rehabilitation Act; and
  • Workers’ compensation offices or insurance carriers if necessary to process claims.

 

Reasonable Accommodation Process.

Step 1: (REQUEST) Requester / Employee Action:  Complete a Confirmation of RA request form and submit it to your supervisor

An employee’s initial request for RA can be made verbally or in writing to his or her first-line supervisor or the Equal Employment Opportunity (EEO) office, Disability Program Manager (DPM).  If the DPM receives the request directly from the employee, they will immediately inform the employee’s first-line supervisor of the request. Additionally, a family member, spouse or partner, friend, or medical health professional may request RA on behalf of an individual with a targeted disability. It is the responsibility of all TRADOC employees to recognize a request for accommodation; if anyone other than the first-line supervisor or the DPM receives a request for RA, they should immediately notify the servicing DPM.

Requests for RA must be submitted to the servicing DPM as soon as practicable, but no later than within two (2) business days of receipt of the initial request for processing. Requests for RA, must be documented, in writing, signed and dated, for inclusion in the RA request file.

Step 2: (ANALYSIS) Supervisor/Decision Maker Action: 

  • Complete a Confirmation of RA request memo and submit it to the Disability Program Manager (DPM) for a log number
  • Document Essential Functions of the Position
  • Request medical documentation if needed through SJA and DPM.  DPM will provide requester a letter for the medical provider with the information needed to make a decision on the accommodation requested by their patient.
  • Review medical documentation or have it reviewed by occupational health for clarification

Step 3: (INTERACTIVE PROCESS) Supervisor & Requester Action:  Good faith discussion between the requester and decision maker on the accommodation requested. 

The interactive process is an informal discussion between the individual requesting RA, his or her first-line supervisor, and/or the DPM. This discussion first sets out to determine whether the employee is entitled to RA. In order to be entitled to RA, the following must hold true:

The individual must be a qualified TRADOC employee with a disability (see the definition of Qualified Individual with a Disabilities in the definitions section of these procedures) and requires PAS because of his or her disability. Additionally, the employee must be able to perform the essential functions of his or her position, with or without a RA.. Finally, providing PAS must not impose an undue hardship on TRADOC.

If the employee is entitled to an RA, the interactive discussion then serves to determine the extent and nature of the services required based on the employee’s limitations. A continuing dialogue throughout the RA request process is required to ensure an effective process.

Step 4:  (DECISION) Supervisor/Decision Maker Action:

  • Provide employee verbal and written decision on accommodation requested
  • If the decision is a modified effective accommodations from what the employee requested or denied it must be reviewed by SJA before informing the requester
  • All decision should be given to the requester both verbally and in writing

Decision to Approve and RA request – If the employee’s first-line supervisor determines that providing the RA is the appropriate course of action, a letter accepting the RA request is issued from the supervisor to the employee within thirty (30) calendar days of receipt of the written request by the DPM. This approval letter may also be used to document that an alternative form of RA from the RA originally requested will be provided, and explains why it will be effective.

 STEP 5 – (ONGOING INTERACTIVE PROCESS) Supervisor & Requester Action: 

 If the request for RA is approved, the employee shall be informed, in writing, of any changes in providing RA. Changes can include incurred delays due unavailability of requested equipment and any alternative arrangements made, among other situations. In addition, the employee

must inform his or her supervisor or the servicing DPM of any changes needed to the services in place so that they may address these changes.

Decision to Deny Request for RA – There is no requirement to provide RA if the employee does if the RA would pose as an undue hardship on the agency. If the employee is not entitled to receive RA, he or she must be notified of this decision within thirty (30) calendar days of receipt of the written request by the DPM. The denial notification must provide available avenues of redress, to include the Equal Employment Opportunity (EEO) complaints process.

NOTE: Army policy: Any decision to modify to deny a PAS request must be reviewed by the servicing SJA labor attorney.

Step 6: (INFORMAL DISPUTE RESOLUTION) Supervisor & Requester Action:  Continued interactive process which could include a request for re-consideration or a counter offers by requestor to a denied or modified accommodation offered by the decision maker.    The requester  could also raise the issue, request ADR, or file an EEO complaint

Step 6a: (RE-ASSIGNMENT) Supervisor & Requester Action:  Re-assignment of requester to a vacant position they can perform the essential functions.  This step is a last resort and can result in termination or removal from Government Service of the requester.

Interactive Process Overview

The reasonable accommodation (RA) process begins as soon as a requester makes an oral or written request for accommodation to the Immediate Supervisor, a Supervisor or Manager in the Chain of Command, the HR Office or CPAC, the EEO Office or the Disability Program Manager (DPM). If the person receiving the request for reasonable accommodation does not have authority to approve the request, he/she/they must forward the request within 2 business days to the Decision Maker, with a copy to the DPM

Denial of a Requested Accommodation:

1. Before denying a request, the Decision Maker MUST consult the DPM, CPAC and the Labor Attorney

and provide documentation that shows the effort made to explore, with the requester, other options for accommodation.

2. Obtain legal reviews for proposed denial of a request before informing the requester/employee of the denial.

3. Inform/notify the requester in writing in plain language and state specific reason(s) for the denial

Identifying and Granting Reasonable Accommodations.

The decision maker will review the functional limitations and identify possible reasonable accommodations that will enable the employee to perform the essential functions of the position and/or enjoy the benefits and privileges of employment.

Reassignment – Reassignment is the reasonable accommodation of last resort. This type of accommodation will be considered only if there are no other accommodations available that will enable the employee to perform the essential functions of his/her current job.

Denial of Requests.

Army Policy: A decision to deny a request must be reviewed by the servicing Disability Program Manager and Staff Judge Advocate.

Possible reasons for denial of a request include:

Undue Hardship – A specific accommodation would be significantly difficult or expensive to provide, or would fundamentally alter the nature of the activities of the affected operation.

Insufficient or Inadequate Medical Documentation – The employee failed to provide sufficient or adequate medical documentation to establish covered disability or need for a reasonable accommodation.

Eliminates or Removes Essential Functions(s) – The requested accommodation would eliminate or remove an essential function from the position occupied by the employee.

Requestor is not a “Qualified Individual with a Disability”– TRADOC has determined that the Requestor is unable to perform the essential functions of his/her position, even with an accommodation.

Lower Standards -The requested accommodation is requiring lower performance or production standards.

Direct Threat – The employee poses a direct threat to the health and safety of himself/herself or others.

 

A Supervisor Change – TRADOC does not have to provide an employee with a new supervisor as a Reasonable Accommodation.  However, TRADOC may require supervisory methods be altered as a form of Reasonable Accommodation.

 

Who is the Decision Makers in the reasonable accommodation process (RA)?  An agency official within the requester’s chain of command, usually the employee’s immediate supervisor.

 

Interactive Process – Requesters and decision makers are required to participate in the interactive process. The interactive process is the discussions that employees and supervisors have about their disability, and in connection

 

with the RA process. The Army requires whenever possible for Reasonable Accommodation requests to be processed within 30 calendar days.

 

Documenting the Request – The first-line supervisor/manager and requester with complete Confirmation of Request for a Reasonable Accommodation memorandum and provide it to the DPM.  The DPM will provide the supervisor a log number for the request.

 

Definitions.

 

Reasonable Accommodation (RA): A Reasonable Accommodation is a change in the work environment or in the application process that enables a person with a disability to enjoy equal employment opportunities.  There are three categories of reasonable accommodation: (1) change to a job application process to permit people with disabilities to be considered for jobs; (2) changes to enable people with disabilities to perform the essential functions of their job; and (3) changes to give people with disabilities equal access to the benefits and privileges of employment.

Essential Functions: Functions that define the position and if taken away would substantially change what the position was created to do. They are not marginal functions. A marginal function is a job-related task that is not an essential aspect of the job. Because marginal functions are non-essential, they can be removed from an employee’s job responsibilities if the employee were unable to perform the task due to a disability.

Qualified Individual with a Disability: A qualified individual with a disability satisfied the requisite skill, experience, education, and other job-related requirements of the position.  The individual can perform the essential functions of the position with our without the reasonable accommodation.

 

Additional Resources.

 

Computer/Electronic Accommodations Program – https://www.cap.mil/

 

Job Accommodation Network (JAN) – https://askjan.org/

 

Point of Contact: Command Diversity Office, Disability Program Manager, 661 Sheppard Place, Ft. Eustis, VA 23604, phone number 757.501.6505. 

TRADOC Equal Employment Opportunity Office Disability Program Manager:

Joseph E. Hissim (757) 501-6505 or joseph.e.hissim.civ@mail.mil

 

 

 

 

EEO Frequently Asked Questions

Equal Employment Opportunity is fair treatment in employment, promotion, training, and other personnel actions without regard to race, color, religion, sex (which includes gender, sexual harassment, and pregnancy), age, national origin, reprisal (for prior EEO activity), physical or mental disability, genetic information, status as a parent, and sexual orientation. To make sure that all Federal employees and applicants for employment with the Federal Government are provided this opportunity, certain laws and regulations were issued containing the legal basis for EEO programs in Federal agencies.

Reasonable accommodation is any change or adjustment to a job or work environment to enable a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:

  • acquiring or modifying equipment or devices
  • job restructuring,
  • part-time or modified work schedules
  • reassignment to a vacant position
  • adjusting or modifying examinations, training materials or policies
  • providing readers and interpreters
  • making the workplace readily accessible to and usable by people with disabilities.

Employees can contact their supervisor and/or Disability Program Manager (DPM) to initiate a Reasonable Accommodation Request. DPMs can be contacted through your local or servicing EEO office.

The individual and agency should engage in an “interactive process” to determine whether and what type of accommodation is appropriate. This involves an informal discussion with the requester, facilitated by the assigned PDO staff member, to determine a suitable accommodation. The employee shares responsibility for making the interactive process work by providing information that the agency reasonably needs to evaluate the accommodation request. For example, the agency may ask the employee for suggested accommodation solutions and preferences or for supporting medical information for several reasons—for example, to verify the existence of a disability if it is not obvious and/or to understand the employee’s limitations so that an accommodation can be identified that addresses the specific limitations.

An EEO complaint is an allegation of discrimination because of membership in a protected class covered under the Federal anti-discrimination laws or Executive Orders.

If you believe you have been subjected to discrimination, you must contact an EEO specialist/counselor or EEO Office within 45 calendar days of the issue(s) alleged to be discriminatory or in the case of a personnel action, within 45 calendar days of the effective date of the action. This is a mandatory step in filing a complaint of discrimination.

If determined appropriate, the aggrieved may be offered ADR in lieu of traditional counseling. Mediation is the preferred method for ADR with the Department of the Army. Mediation is a method by which an objective and impartial person facilitates communication between the aggrieved and management to resolve concerns or disputes. If ADR is offered and accepted, the pre-complaint process is extended an additional 60 calendar days from the date of contact with the EEO Office. If neither applies, the EEO counselor will continue with the traditional counseling.