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NOAA Civil Rights Office
Frequently Asked
EEO and Affirmative Employment
Questions and Their Answers
Click appropriate link to jump to a particular section:
01. EMPLOYMENT OF DISABLED INDIVIDUALS
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Is the Federal government covered by the Americans With Disabilities
Act (ADA)?
The ADA does not cover the executive branch of the Federal Government. The executive branch continues
to be covered by Title V of the Rehabilitation Act of 1973, which prohibits discrimination in services and
employment on the basis of handicap and which is a model for the requirements of the ADA. The ADA,
however, does cover Congress and other entities in the legislative branch of the Federal Government.
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May an agency deny a qualified disabled individual employment solely because the building is not accessible
by the disabled person?
No. An agency cannot deny employment to a qualified disabled individual solely because the facilities are
inaccessible. Appropriate building adjustments are to be made to accommodate the person's disabling
condition.
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Are recreational and/or social alcohol and drug users protected under the Rehabilitation Act of 1973, as
amended?
No. Recreational or social users of alcohol or drugs are not protected under the Act. The Rehabilitation Act
of 1973, as amended, protects rehabilitated alcoholics and rehabilitated drug abusers as well as those who are
undergoing rehabilitation, provided that such individuals can still perform the functions of their job.
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If, for pregnancy-related reasons, an employee is unable to perform the functions of her job, does the
employer have to provide reasonable accommodation?
Yes. Pregnancy is treated as a temporary disabling condition. If other employees who are temporarily
disabled and cannot perform the functions of their job are reasonably accommodated, then the same
treatment should be accorded to pregnant employees.
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May pregnancy be used as a basis to refuse to hire?
No. An employer cannot refuse to hire a woman because of her pregnancy-related condition so long as she
can perform the necessary functions of the job.
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02. EEO ADVISORY COMMITTEES
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If an EEO Advisory Committee member is approached by a person who wants to present an EEO complaint
matter, what then is the responsibility of that Committee member?
EEO Advisory Committee members do not have the authority to handle EEO complaint matters. Therefore,
the person who wants to present an EEO complaint matter should be referred to the Civil Rights Office,
NOAA, or an agency-certified EEO Counselor for information and assistance.
Go back to top. | Go to glossary.
03. NATIONAL ORIGIN DISCRIMINATION
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May an office rule be established requiring employees to speak only English at all times?
No. Prohibiting employees at all times, in the workplace, from speaking their primary language
disadvantages an individuals employment opportunities on the basis of national origin. However, an office
may have a rule requiring that employees speak only English at certain times where justified by business
necessity.
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Do ethnic slurs constitute harassment on the basis of race and/or national origin?
Yes. Ethnic slurs constitute harassment when it creates an offensive work environment, or interferes with an
individual's work performance or equal employment opportunities. Harassment on the basis of national
origin and race is in violation of Title VII of the Civil Rights Act of 1964, as amended.
Go back to top. | Go to glossary.
04. DISCRIMINATION COMPLAINT PROCESSING
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A NOAA employee believes that (s)he has been discriminated against because of race, sex, age, color,
national origin, religion, mental or physical disability, or reprisal for previous EEO activity, and wants to
pursue it. Whom should the employee contact?
The employee should contact a NOAA EEO Counselor. If an EEO Counselor is not available, the employee
should contact the NOAA Civil Rights Office for a referral. The EEO Counselor will try to informally
resolve the matter. If this is not possible, counseling will be concluded and the Counselor will issue the
Notice of Right to File a Discrimination complaint.
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May an agency EEO Counselor serve as a representative for an aggrieved individual at any time during the
discrimination complaint process?
No. Agency EEO Counselors cannot serve as personal representatives for aggrieved individuals whose EEO
matters are against the U.S. Department of Commerce. However, aggrieved individuals do have the right to
representation of their choosing at any stage in the complaint process. EEO Counselors and the Civil Rights
Office, NOAA, will provide potential complainants and complainants with instructions on their right to
designate a representative.
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What is the role of an EEO Investigator?
The EEO Investigator collects information and evidence on formal complaints. However, the Investigator
does not review the merits of this information. That responsibility is initially assigned to the NOAA Civil
Rights Office for purposes of settling complaints and writing Proposed Dispositions. The Office of Civil
Rights, U.S. Department of Commerce, reviews the Reports of Investigation as well.
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Do managers and supervisors automatically receive copies of Reports of Investigation on discrimination
complaints?
No. Managers and supervisors are not routinely provided with copies of Reports of Investigation.
Management officials generally receive a complaint analysis which summarizes the major findings in the
Report. A Report of Investigation may be forwarded to a management official who has the authority to
review and resolve complaints.
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05. AFFIRMATIVE EMPLOYMENT PROGRAMS
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Are the Administrative Support Centers required to prepare their own Affirmative Employment Program
Plans?
No. The Administrative Support Centers (ASCs) are not required by the U.S. Department of Commerce to
have their ow Affirmative Employment Program Plans. However, each ASC is expected to contribute
information for inclusion in the Staff Offices Plans and the NOAA-wide Plans.
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In preparing Federal affirmative employment plans, are numerical objectives for increasing the
representation rates of minorities and women the same as quotas?
No. Numerical objectives are not the same as quotas. Quotas are court-enforced numerical requirements
which must be met at the end of a specified period. On the other hand, numerical objectives are not absolute
requirements. They are devised by management only as targets or goals for increasing the representation
rates of minorities and women who are under-represented in a major occupation or occupational category.
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Are agencies required to establish numerical objectives?
No. Agencies may establish reasonable numerical objectives for an occupational category or major
occupation when there is an underrepresentation of minorities and/or women. In determining numerical
objectives, the following factors need examining: (1) the extent of the underrepresentation; (2) the
availability of candidates, and (3) the number of vacancies.
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What is the difference between Affirmative Employment Plan and the Federal Equal Opportunity
Recruitment Program (FEORP) Plan?
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Affirmative Employment Plans identify which EEO groups are underrepresented by major occupations,
occupational categories, and grade levels.
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FEORP Plans, on the other hand, develop specific recruitment strategies. These strategies are designed to
increase the representation rates of EEO groups who are underrepresented in the Affirmative Employment
Plans. Since FEORP is a recruitment program, the Personnel Programs and Organizational Analysis
Division, Human Resources Management Office, Office of Finance and Administration, has the
responsibility for its development. The Personnel Operations Division, Office of Human Resources
Management of Office of Finance and Administration, has responsibility for implementing FEORP.
Go back to top. | Go to glossary.
To Be Continued
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