EEO

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EEO


Mission

The EEO office is responsible for ensuring compliance with EEO laws, rules, and regulation.

EEO Office Contact Informatio

Phone: (757) 819-8972

Email

Location: 950 Jefferson Ave, Fort Eustis VA 23455

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.

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.

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 Hearing from EEOC:

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.

To file an EEO Complaint contact the TRADOC Equal Employment Opportunity Office Complaints & Compliance Manager at EEO mailbox Complaints & Compliance Manager at EEO mailbox

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 (RA) 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 (DPM) and Staff Judge Advocate (SJA) or labor attorney before denying a reasonable accommodation request.

Reasonable Accommodations remove 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.

An Employee or Applicant Request for 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 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.

Medical Information is 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. (this is an outline of the RA process found in AR 690-12 Appendix C)

Step 1: (REQUEST) Requester / Employee Action: 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 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 RA log number, request medical documentation if needed through the DPM, and 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 a reasonable accommodation, the following must hold true:

1. 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 a RA because of his or her disability.

2. The employee must be able to perform the essential functions of his or her position, with or without a RA.

3. Providing the RA must not impose an undue hardship on TRADOC.

Step 4:  (DECISION) Supervisor/Decision Maker Action: The decision maker provides the requester a decision on the requested accommodation both verbally and in writing. 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.

Decision to Approve and RA request – If the decision maker (first line supervisor)determines that providing the RA is the appropriate course of action, a letter accepting the RA requestisissued from the supervisor to the employee typically within thirty (30) calendar days of receipt of the request. 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. The employee should be informed in writing of any changes. 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 – IAW Army policy a denied request must be reviewed by the DPM and servicing SJA prior to being issued to the employee . The denial notification must also provide available avenues of redress or informal dispute resolution.

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.

Step 5: (INFORMAL DISPUTE RESOLUTION) Supervisor & Requester Action:  Continued interactive process which could include a request for reconsideration, ADR, or to file an EEO complaint. Additional information on Informal Dispute Resolution can be found in AR 690-12 Appendix C-10.

Step 6: (RE-ASSIGNMENT) Supervisor & Requester Action: 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. Re-assignment of requester to a vacant position they can perform the essential functions. 

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 functionis a job-related task that is not an essential aspect of the job. Because marginal functions are 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.

Decision Maker: An agency official within the requester’s chain of command, usually the employee’s immediate or first line supervisor.

 

Additional Resources.

 

 Computer/Electronic Accommodations Program

 

 Job Accommodation Network (JAN)

 

To request an RA, contact the TRADOC Equal Employment Opportunity Office Disability Program Manager at EEO mailbox usarmy.jble.tradoc.mbx.tradoc-diversity-eeo@army.mil

Reference:  AR 690-12 Equal Employment Opportunity and Diversity Chapter 2

Special Emphasis Program (SEP) operations include:

Developing human capital policies designed to recruit, develop, and retain the best and brightest of America’s diverse talent pool.

Advise on the implementation of Federal law, regulations, and Executive Orders seeking to hire, place, and advance Individuals with Disabilities (IWD).

Providing actionable and measurable activities that impact the organization’s human capital efforts.

Engaging stakeholders to develop actionable recommendations and solutions to address specific issues related to fair treatment and equal employment.

Establish the following SEP programs to ensure all employees have and equal opportunity to compete in all aspects of Army human capital activities:

      (1) The Federal Women’s Program
      (2) The Hispanic Employment Program
      (3) Black/African American Employment Program
      (4) Disabled Veterans Affirmative Action Program (DVAAP)
      (5) Asian American and Pacific Islander Employment
      (6) American Indian or Alaskan Native Employment Program
      (7) The Individuals with Disabilities Program