If you are a current employee, applicant for employment, or former employee serviced by MCIPAC who believes you have been discriminated against based on one of the following protected classes, you are entitled to consult an EEO Counselor to try to resolve the matter.
|
PROTECTED CLASS
|
EXAMPLE |
| RACE |
Black, White, Asian, etc. |
| COLOR |
Tan Skin, Brown Skin, etc. |
| NATIONAL ORIGIN |
Hispanic, East Indian, etc. |
| SEX |
Male or female |
| RELIGION |
Baptist, Jewish, etc. |
| AGE |
40 years of age |
| PHYSICAL OR MENTAL DISABILITY |
Post Traumatic Stress Disorder, or Hearing Impaired, etc. |
| GENETIC INFORMATION |
Sickle Cell, Cancer, etc. |
| REPRISAL |
Previous EEO related activity |
The clock is ticking . . .
you have 45 days!
If you fail to contact the EEO Office within 45 days, your complaint may be dismissed as untimely.
The Office of Equal Employment Opportunity is committed to the creation of a work environment that places a premium on excellence and equity, in an environment that offers our employees opportunities for professional and personal growth. We are also responsible for ensuring compliance with this nation’s laws as they pertain to internal equal employment and external civil rights issues. If you believe you have been discriminated against, you may file an EEO Complaint.
Contact an EEO Counselor within 45 days of the date of the matter alleged to be discriminatory, or
In the case of a personnel action, (i.e., hiring, termination, promotion, transfer, etc.), within 45 days of the effective date of the personnel action, or the date that the individual knew or reasonably should have known it occurred
All sorts of behavior can create what employees deem to be a "hostile work environment". But, in the legal sense, a hostile work environment is caused by unwelcome conduct in the workplace, in the form of discriminatory harassment toward one or more employees based on inclusion in a protected class.
The harasser might be an employee, such as a Supervisor or a coworker, or even a non-employee, i.e. a Contractor. But who the workplace harasser is doesn't matter as much in the legal sense, as does the fact that he or she is creating an intimidating, offensive, abusive, or hostile work environment through discriminatory workplace harassment.
Conduct that interferes with an individual’s work performance, i.e., conduct that makes it hard for you to concentrate and focus on your work, etc.
Conduct that creates an intimidating, hostile, or offensive work environment.
Verbal or physical repeated conduct, i.e., yelling, screaming, slamming fist or items on desks, etc.
Conduct that causes an individual to suffer with respect to a term, condition, or privilege of employment, i.e., receiving a Letter of Caution, etc.
There are no Federal "hostile work environment laws" or "hostile workplace laws" named as such. Creating a hostile workplace is prohibited under certain Federal discrimination laws (listed below).
Title VII of the Civil Rights Act of 1964 (Title VII)
Age Discrimination in Employment Act of 1967 (ADEA)
Americans with Disabilities Act Amendment Act of 2008 (ADAA)
Genetic Information Nondiscrimination Act of 2008 (GINA)
Subsequently, to be illegal under one of the laws in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, sex, age, religion, national origin, disability, genetics; or it must be caused by retaliation in violation of a discrimination law.
Additionally, the harassment typically must be intentional, severe, recurring, and pervasive, and interfere with an employee's ability to perform his or her job.
Lastly, the victim or witnesses typically must reasonably believe that tolerating the hostile work environment is a condition of continued employment. In other words, the victim or witnesses typically must reasonably believe that they have no choice, but to endure a hostile workplace in order to keep their jobs.
Definition: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when…
- Submission to, or rejection of this conduct explicitly or implicitly affects an individual’s employment,
- Such behavior unreasonably interferes with an individual’s work performance, or
- Such behavior creates an intimidating hostile or offensive work environment
This is also defined in Section 703(a)(1) of Title VII of the Civil Rights Act of 1964, as amended.
- Behavior must be sexual. This includes verbal and non-verbal behaviors.
- Behavior must be unwelcome.
- Conduct or behavior that is Severe or Pervasive-Hostile Work Environment.
- The Reasonable Person Standard is applied.
- Letters, telephone calls, or materials of a sexual nature
- Deliberate touching, leaning over, cornering, or pinching
- Sexually suggestive looks or gestures
- Pressure for sexual favors or dates
- Sexual teasing, jokes, remarks, or questions
If you feel you have been sexually harassed or have observed sexual harassment, it is strongly suggested that you:
- Immediately confront the harasser and tell the individual that his/her behavior is unwelcome and to STOP! It may be in your best interest to have someone else present when you do this
- Inform the appropriate level supervisor of the harassment, the actions you took to stop the behavior, and discuss what plan of action this supervisor plans to take to resolve the situation
- If these attempts are unsuccessful, contact the EEO Office within 45 days of the incident
This course of action is not mandatory but is strongly suggested for two reasons:
- Many decisions have been rendered finding that unless an individual is informed that certain behavior is unwelcome and is requested to stop, he/she does not know it is unwelcome and leads the individual to assume that the behavior is acceptable
- Agencies cannot be held liable for sexual harassment if management was not informed of the behavior, and in some cases, not provided the opportunity to resolve the situation
- However, we realize that under certain circumstances it is very uncomfortable for individuals to confront the harasser or discuss the situation with a supervisor. If this occurs, everyone has the right to contact the EEO Office immediately and we will assist you in resolving the problem
REMEMBER, you have the right to remain anonymous during the informal state of a discrimination complaint and there is no requirement to go through the chain of command prior to raising allegations of discrimination
Processing Complaints Alleging Sexual Harassment – 10 United States Code § 1561
- The Office of Assistant Secretary of Defense has issued procedures for processing allegations of sexual harassment. This guidance is separate and distinct from the informal EEO complaint process
- Applicability and procedures for this process are covered in the DON Discrimination Complaints Management Manual, Appendix C
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the laws that make it illegal to discriminate against a job applicant, an employee, or a former employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, genetic information, or reprisal. The laws prohibiting discrimination apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
Equal Pay Act of 1963 (https://www.eeoc.gov/laws/statutes/epa.cfm) (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
Age Discrimination in Employment Act of 1967 (https://www.eeoc.gov/laws/statutes/adea.cfm) (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (https://www.eeoc.gov/laws/statutes/ada.cfm) (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
https://www.eeoc.gov/laws/statutes/rehab.cfm
Title II of the Genetic Information Nondiscriminaton Act of 2008 (http://www.eeoc.gov/laws/types/genetic.cfm) (GINA), prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
The Civil Service Reform Act of 1978 (CSRA)
Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions.
The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation.
The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).
Additional information about the enforcement of the CSRA may be found on the OPM web site at https://www.opm.gov/retirement-services/csrs-information/; from OSC at (202) 653-7188 or at http://www.osc.gov; and from MSPB at (202) 653-6772 or at http://www.mspb.gov .
Office of Special Counsel (OSC)
Merit Systems Protection Board (MSPB)
Civil Rights Act of 1964
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Americans with Disabilities Act of 1990
Rehabilitation act of 1973
Civil Rights Act of 1991
Genetic Information Nondiscrimination Act of 2008
Equal Employment Opportunity Commission (EEOC)
Office of Special Counsel (OSC)
Merit Systems Protection Board (MSPB)
Reasonable Accommodation (RA) is an adjustment to a job or work environment which enables an employee with a disability to perform the duties of the position.
An accommodation is a tool, provided by the employer, to help employees with disabilities to do their jobs, just as an employer provides the means for all employees to accomplish their jobs. For example, employees are provided with desks, chairs, phones, and computers. An employee who is blind or who has a visual impairment may require computer software which operates by voice command or which provides enlarged print.
RA options may include: making the work environment accessible, job restructuring, acquiring or modifying equipment, adjusted work schedules, modified workplace policies, telework, providing personal assistants (e.g., a reader for a blind individual or an interpreter for a deaf individual), along with a whole range of other creative solutions. Reassignment is the final accommodation option and is considered when it has been determined that there is no reasonable accommodation available which would permit the individual to remain in the current position.
What is reasonable accommodation?
Reasonable Accommodations are adjustments or modifications which range from making the physical work environment accessible to restructuring a job, providing assistive equipment, providing certain types of personal assistants (e.g., a reader for a person who is blind, an interpreter for a person who is deaf), transferring an employee to a different job or location, or providing flexible scheduling.
Reasonable accommodations are tools provided by employers to enable employees with disabilities to do their jobs, just as the employer provides the means for all employees to accomplish their jobs. For example, employees are provided with desks, chairs, phones, and computers. An employee who is blind or who has a visual impairment might need a compute, which operates by voice command or has a screen that enlarges print.
(From the President’s Committee on Employment of People with Disabilities).
This legal term is defined in the ADA as an action requiring significant difficulty or expense for the business/employer, considering the following factors:
◾the nature and cost of the proposed accommodation,
◾the overall financial resources of the business and the effect of the accommodation upon expenses and resources,
◾the impact of the accommodation upon the operation of the facility,
◾the violation of seniority provisions of a collective bargaining agreement, or
◾the failure to eliminate or reduce a direct threat or harm to self or others.
How reasonable accommodation works
Whenever an employee requests an adjustment or change at work related to a medical condition, the employee has entered the Reasonable Accommodation process. That initial request may be verbal or written and the term "Reasonable Accommodation" does not have to be used. As an example, the employee might say to the supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." That employee has just asked for reasonable accommodation. Once the employee initiates the request (verbal or written), the Reasonable Accommodation process has begun.
The RA Request Form is filled out, and signed by the employee requesting RA. The signed form is then submitted to the first level supervisor and/or Reasonable Accommodation Program manager.
Next, the Reasonable Accommodation Advisory Team meets to review the request. The Team consists of the RA Program Manager, 1st (and sometimes 2nd) level supervisor, a member from HR, and a member from Agency Counsel (and sometimes a medical professional). Additionally, the employee requesting RA is invited to attend a portion of this first meeting to provide input.
Medical documentation specific to the employee’s disclosed limitations is requested, when necessary, and once the medical documentation is received, the Reasonable Accommodation Advisory Team meets again to determine if the employee is a qualified person with a disability and what accommodation might be granted.
Reassignment is the reasonable accommodation of last resort and is considered only after it has been determined that there are no effective accommodations to perform the essential functions of his/her current position, or all other accommodations would impose an undue hardship or pose a threat to the employee’s or others’ safety.
Avoiding pitfalls
- Be aware that whenever an employee makes a request for an adjustment at work due to a medical condition, the employee has just entered the Reasonable Accommodation process. A request can be made in “plain English”. The Americans with Disabilities Act (ADA) , Rehabilitation Act, or the phrase “Reasonable Accommodation” (RA) do not have to be referenced in order for a request to be considered a request for RA
- Keep away from “in-house” accommodations, i.e., when the organization makes an informal modification at work without processing the Reasonable Accommodation request through the EEO Office. All requests for accommodation, including those considered “small” or “minor” are handled through the RA process.
- On occasions, employees may have multiple disabilities. When requesting medical documentation, limit the request to information that pertains to the specific medical condition for which the accommodation is requested.
- A disability rating received through the Department of Labor or Department of Veterans Affairs does not establish qualification for Reasonable Accommodation. As part of the RA process, an individual analysis and assessment is conducted to determine if the individual is a “qualified individual with a disability” under the ADA. A “qualified individual with a disability” is “an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and who, with or without reasonable accommodation, can perform the essential functions of such position.
Reassignment as a Last Resort
Whenever an employee requests an adjustment or change at work related to a medical condition, the employee has entered the Reasonable Accommodation process. That initial request may be verbal or written and the term "Reasonable Accommodation" does not have to be used. As an example, the employee might say to the supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." That employee has just asked for reasonable accommodation. Once the employee initiates the request (verbal or written), the Reasonable Accommodation process has begun.
The RA Request Form is filled out, and signed by the employee requesting RA. The signed form is then submitted to the first level supervisor and/or Reasonable Accommodation Program manager.
Next, the Reasonable Accommodation Advisory Team meets to review the request. The Team consists of the RA Program Manager, 1st (and sometimes 2nd) level supervisor, a member from HR, and a member from Agency Counsel (and sometimes a medical professional). Additionally, the employee requesting RA is invited to attend a portion of this first meeting to provide input.
Medical documentation specific to the employee’s disclosed limitations is requested, when necessary, and once the medical documentation is received, the Reasonable Accommodation Advisory Team meets again to determine if the employee is a qualified person with a disability and what accommodation might be granted.
Reassignment is the reasonable accommodation of last resort and is considered only after it has been determined that there are no effective accommodations to perform the essential functions of his/her current position, or all other accommodations would impose an undue hardship or pose a threat to the employee’s or others’ safety.
Resources
Reasonable Accommodation Guide
Reasonable Accommodation Request Form
Workplace conflicts can distract Marine Corps personnel from focusing on the mission of their organization. For this reason, USMC policy is to use the Alternative Dispute Resolution (ADR) process at the earliest stage possible in civilian disputes, if feasible.
ADR is an alternate method for resolving all kinds of workplace disputes outside the traditional process of EEO complaints, grievances, and litigation. Mediation is the ADR process most commonly used by the Marine Corps. Unlike formal processes for resolving disputes, Mediation resolves disputes and conflicts at the earliest stage possible, it is relatively quick, and it is inexpensive.
During Mediation, which is a voluntary process, a certified neutral person facilitates a discussion between two or more parties to help them arrive at a mutually agreeable resolution of a dispute.
Mediation is not about fault or blame, it’s about results. It is confidential, helps to maintain work relationships, improves communication, and promotes creative solutions.
Q: Do I have to participate if someone asks me to?
A: Mediation is a voluntary process.
Q: If I participate in Mediation, do I lose my rights under the EEO complaint process or the Negotiated or Administrative Grievance processes?
A: No, you do not lose your rights.
Q: Who can initiate an ADR process?
A: Anyone – employees, managers, unions.
Q: How long does it take to get a Mediator?
A: It takes approximately 3 weeks to obtain a Mediator once a request for Mediation is made.
Q: Where do the Mediation sessions take place?
A: In a Conference Room near your servicing EEO Office.