Equal Employment Opportunity/No FEAR Act

No FEAR Act Information
EEO Contact Information
Anti-Discrimination Laws Information
Complaints of Employment Discrimination

No FEAR Act Information

Equal Employment Opportunity Data posted pursuant to Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Pub. L. 107-174.

The primary purpose of the No FEAR Act of 2002 is to improve Federal agency accountability for violations of the anti-discrimination and whistleblower protection laws related to employment and to ensure that employees, applicants for employment, and former employees know their rights under anti-discrimination laws and the Whistleblower Protection Act.

• No FEAR Act complete text (PDF)
• Equal Employment Opportunity Data Posted Pursuant to the No FEAR Act of 2003

EEO Contact Information

Sandra Canery, EEO Program Director

Evelyn Parker-Murphy, Program Specialist

Location and mailing address:

1155 21st Street, NW
Washington, DC 20581

Telephone: 202-418-5400
TTY Telephone: 202-418-5428
Fax 202-418-5546

EEO Counselors:

• Tamara M. Dervin, Chicago
  312-596-0582
  tdervin@cftc.gov
• Harold Hild, Chicago
  312-596-0562
  hhild@cftc.gov
• Edwin J. Yoshimura, Chicago
  312-596-0569
  eyoshimura@cftc.gov
• Linda Peng, New York
  646-746-9746
  lpeng@cftc.gov
• Judith Slowly, New York
  646-747-9741
  jslowly@cftc.gov
• Kevin P. Walek, Washington
  202-418-5463
  kwalek@cftc.gov
• Myra Silberstein, Washington
  202-418-5443
  msilberstein@cftc.gov
• Tempest Thomas, Washington
  202-418-5232
  tthomas@cftc.gov

Anti-Discrimination Laws Information

Personnel actions affecting any term or condition of employment may not be based on an individual's:

• Race
• Color
• National origin
• Religion
• Sex (including pregnancy and childbirth)
• Age (40 years or more)
• Disability (physical or mental)
• Participation in the EEO process
• Opposition to employment discrimination

Hostile Work Environment Discrimination (Harassment) is Prohibited

• Employees may not be subjected to unwelcome conduct in the course of employment because of their race, color, religion, gender, sexual orientation, national origin, age, or disability.
• Employees may not be subjected to unwelcome conduct in the course of employment because they have participated in the EEO process or expressed their opposition to employment discrimination.

Other Personnel Practices Prohibited by the Civil Service Reform Act of 1978, 5 USC 2302, and Executive Order 11478

In addition to the prohibitions contained in anti-discrimination and whistleblower protection laws, merit system principles provide that no personnel action in the Federal government may be based on an individual's:

• Marital status
• Political affiliation
• Sexual orientation
• Conduct not adversely affecting job performance.

Reasonable Accommodation for Disability and for Religion

• The CFTC provides reasonable accommodation for employees or applicants with physical or mental disabilities who request such accommodation to perform the duties of a position or to participate in the application process.
• The CFTC provides reasonable accommodation for the religious practices and beliefs of employees and applicants.

Federal Anti-Discrimination Laws and Executive Orders

• Title VII of the Civil Rights Act, 42 USC 2000e
• Equal Pay Act of 1963, 29 USC 206(d)
• Age Discrimination in Employment Act of 1967, 29 USC 621
• Rehabilitation Act of 1973, Sections 501 and 505, 29 USC 791
• Titles I and V of the Americans with Disabilities Act of 1990 (ADA), 42 USC 12101
• Civil Rights Act of 1991, 42 USC 1981
• Civil Service Reform Act of 1978, 5 USC 2302

Complaints of Employment Discrimination

The Equal Employment Opportunity Commission (EEOC) has the authority to establish the procedures Federal agencies use to process complaints of employment discrimination made by applicants or employees who believe they have been discriminated against in violation of those Federal anti-discrimination laws that prohibit discrimination on the basis of race, color, religion, gender, national origin, age, or disability or retaliation for participating in the EEO process or opposing employment discrimination.

The EEOC's regulations for the Federal administrative complaint process are published in the Code of Federal Regulations at 29 CFR 1614.

The CFTC EEO office manages the CFTC's administrative complaint process in compliance with EEOC regulations and directives.

Time Limit: Process Must Begin Within 45 Days of Discriminatory Act

• To preserve your rights under EEO laws, applicants for employment and employees are required to contact a CFTC EEO counselor in a timely manner.
• Timely contact means making the contact within 45 calendar days from the day you learned of the matter believed to have constituted employment discrimination.
• Applicants may contact the EEO office to initiate EEO counseling.

EEO Counseling

EEO counseling is required before a complaint of discrimination may be filed. To preserve your right to access the EEO complaint process, you must cooperate in good faith with the EEO counseling process. EEO counselors provide information about legal rights and responsibilities related to the administrative complaint process. Attempts to resolve disputes will be made by an EEO counselor or through the CFTC's alternative dispute resolution (ADR) program. EEO counseling may take from 30 to 90 days.

Alternative dispute resolution is an option available during the EEO counseling process. ADR is voluntary.  Mediation must be requested by the individual being counseled.

Formal Complaints of Discrimination

• The EEO counseling process must be completed before complaints of discrimination can be filed.
• A notice given to you at the end of EEO counseling or mediation explains the requirements for filing complaints of discrimination.
• The EEOC regulations provide detailed information about the formal EEO complaint process at 29 CFR 1614.106-110.