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EEO

Equal Employment
Opportunity Laws:
Questions an Answers

"We have seen the extraordinary results that come from men and women of different races and backgrounds working together and sharing their knowledge and experience with one another. We have shown that a nation is not anything if it consists of each of us. It becomes truly great when it consists of all of us."
- Ronald H. Brown, U.S. Secretary of Commerce, Diversity Policy Statement, July 21, 1994

As a federal employee or applicant for employment, you have the right to a workplace free of unlawful discrimination based on race, color, sex (gender), national origin, religion, age (40 and over), and disability. You also have a right to freedom from retaliation for filing an Equal Employment Opportunity (EEO) complaint, participating in the EEO complaint process, or opposing unlawful discrimination. The EEO complaint process is a legal process designed to safeguard these rights. This brochure answers some frequently-asked questions about the civil rights laws enforced through the BEO complaint process.

WHAT'S INSIDE?

WHAT LAWS ARE ENFORCED THROUGH THE EEO COMPLAINT PROCESS?

Title VII of the Civil Rights Act of 1964 protects ail employees and applicants from employment discrimination based on race, color, sex (gender), religion, and national origin.

The Rehabilitation Act of 1973 protects qualified individuals with disabilities from employment discrimination based on disability.

The Age Discrimination in Employment Act (ADEA) of 1967 protects employees and applicants who are 40 years of age or older from employment discrimination based on age.

The Equal Pay Act (EPA) of 1963 protects ail employees and applicants from employment discrimination in wages based on sex (gender).

All of the above laws also protect employees and applicants from retaliation. Retaliation, also called reprisal, occurs when management takes action against you because you:


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WHAT IS COLOR DISCRIMINATION?

Color discrimination is treating employees or applicants differently because they have different skin colors, even if they are of the same race, national origin, or ethnic origin.

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WHAT IS RELIGION?

Religion refers to your religious background, religious beliefs - or lack of them, or membership in a religious group.

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WHAT IS NATIONAL ORIGIN?

National origin may refer to: Therefore, you may have more than one national origin.

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WHO IS A QUALIFIED INDIVIDUAL WITH A DISABILITY?

An individual with a disability is a person who A qualified individual with a disability has the skills, experience, education, and other requirements of the job; and can perform the essential functions of the job with or without reasonable accommodation.

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WHAT IS AGE DISCRIMINATION?

Unlawful age discrimination is treating an employee or applicant who is 40 years of age or older differently than a person in a similar position who is substantially younger.

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CAN YOU USE THE EEO COMPLAINT PROCESS TO CHALLENGE DISCRIMINATION BASED ON YOUR SEXUAL ORIENTATION?

While discrimination based on sexual orientation is not a violation of federal civil rights laws, such discrimination is not permitted under the Department of Commerce Diversity Policy and may be a prohibited personnel practice under the Civil Service Reform Act of 1978. The formal EEO complaint process is not available for allegations of discrimination based on sexual orientation. But, if you believe you have been discriminated against because of your sexual orientation or perceived sexual orientation, you may contact an EEO Counselor. The Counselor will try to resolve the situation informally. An EEO Counselor can also give you information about forums for raising a violation of the Civil Service Reform Act.

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WHAT MATTERS CAN BE ADDRESSED UNDER TITLE VII, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AND THE REHABILITATION ACT?

  1. All three laws forbid disparate treatment - intentionally treating employees or applicants differently than others who hold or are applying for similar jobs. Disparate treatment can occur in any area of employment, including hiring, discipline, performance appraisal, termination, working conditions, and benefits. Harassment is a form of disparate treatment.
  2. All three laws forbid disparate impact - having employer policies or procedures that appear neutral but have a particularly negative effect on a group with a common race, color, sex, national origin, religion, age, or disability status. This effect does not have to be intended.
  3. All three laws forbid retaliation (previously explained).
  4. Two of the laws require reasonable accommodation. The Rehabilitation Act requires federal agencies to provide reasonable accommodation to qualified individuals with disabilities unless doing so would be an undue hardship. Similarly, Title VII requires agencies to accommodate religious beliefs and practices unless undue hardship would result. If management fails to fulfill one of these requirements, you may raise the issue in the EEO complaint process.
These situations are explained in greater detail in the OCR publication: Do You Have an EEO Complaint?

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WHAT RELIEF CAN YOU BE AWARDED IF YOU PROVE DISCRIMINATION?

Awards differ widely depending on the law you are filing under and the facts of your case.- Generally, three types of relief are available to employees and applicants in cases where discrimination is proven:
  1. Make-whole relief places you in the same situation concerning employment that you would have been in if the discrimination did not occur. This may include: back pay, promotion or placement, removal of records from your official files, etc.
  2. Compensatory damages are money damages awarded to compensate for financial and non-financial losses caused by discrimination. Examples are medical costs related to conditions caused or made worse by discrimination and money awarded because of emotional distress caused by discrimination. You must produce evidence for any such claim.
  3. An award for reasonable attorney's fees and costs may be available.

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THE EEO COMPLAINT PROCESS

To preserve your right to file a formal EEO complaint, you must contact a counselor within 45 calendar days of the matter alleged to be discriminatory or the effective date of a personnel action you believe is discriminatory.

To make the EEO complaint process work appropriately and effectively for you, you need to know what it can and cannot do. The EEO complaint process can correct management actions that are proven to be unlawful under EEO laws. It cannot substitute for trying to resolve normal work day issues with your supervisor, other managers, and coworkers. And it cannot correct management actions solely because they are unfair. It is your responsibility to decide whether the EEO process is the right place to address your charges and whether you believe the evidence will support your charges. EEO Counselors and Investigators, EEO Office staff and Office of Civil Rights (OCR) staff can give you information about EEO laws and procedures, but cannot act as your representatives or advocates.

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FOR MORE INFORMATION:

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TO ORDER OCR PUBLICATIONS:

OCR publications can be made available in other formats upon request by any of the above methods.

The information contained in this publication is intended as a general overview and does not carry the force of legal opinion.

U.S. Department of Commerce
Office of Civil Rights
January 1995

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Last updated:10/29/01
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