User Guide

INTRODUCTION
As its title suggests, this has been written as a guide. This guide is not intended to make you a subject matter expert in EEO. Fort Leonard Wood employs EEO staff who are available to help you. This guide should not be used to replace the EEO Office's advice and/or assistance.

Making EEO work in our organization is a realistic, achievable goal if you are able to recognize the opportunities that exist and take full advantage of the program to build a strong, effective workforce. A successful EEO program will not just happen as the result of good intentions. To make this program work for you, you must learn what it is meant to do, how it is designed to work and, most importantly recognize and deal with your EEO responsibilities. Therefore, this information should be read and reviewed periodically - to help you to recognize situations in which you have EEO responsibilities, problems or concerns, and to alert you to situations in which you should seek the assistance of EEO professionals. The EEO staff is located in building 315 Missouri Ave, Suite 137.

EEO is a management program for employees. The responsibility for an effective EEO program is that of every one (employees, supervisors, and managers). The following individuals have support and advisory roles in the installation EEO Program:

The installation EEM serves as the advisor to the Commander and staff on matters pertaining to Federal Civilian EEO; monitors the civilian work force to ensure compliance with Title VII; and manages the Affirmative Employment Program (AEP), Discrimination Complaints Program, and Special Emphasis Programs.

Specialists provide a full range of EEO, AEP and discrimination management services to an assigned group of activities; process pre complaints and formal complaints of discrimination; develop, conduct training and briefings on EEO, affirmative action, diversity and sexual harassment.

Counselors are responsible for dealing with claims of discrimination before they become formal complaints. EEO counselors attempt through an inquiry to resolve issues brought to them by employees who believe they have been subject to discrimination. A complaint can't be filed formally unless counseling has taken place. Counselors are on collateral duty assignment and have primary jobs in other organizations.

The Special Emphasis Program (SEP) Manager manages the Program for the Federal Women's Employment Program, Hispanic Employment Program, Black Employment Program, Asian/Pacific Islander Employment Program, Native American/Alaskan Native Employment Program, Minority College Relations Program and other such programs as may be required by the agency.

The key to the success of the EEO program in our organization is the supervisor and the manager. The reason for this is easy to understand. Managers and supervisors make virtually all of the decisions that directly impact the success - or - failure of any EEO program. They fill vacant positions and make selections for promotions, they approve training and detail employees to other positions; and they set the tone for dealings among employees in their portion of the organization. Higher levels can issue policy statements, but only operating managers and supervisors can make an EEO effort succeed. In order to make the EEO program succeed,

managers and supervisors must clearly understand what they should - and should not - do.

Usually EEO complaints are lodged against individuals in positions of authority for a real or perceived discriminatory action. However, employee actions/behavior may sometimes be the factual cause for actions that are being taken. Improper behavior and resultant management actions often become an issue in the filing of discrimination complaints. It is the responsibility of each employee (as well as the supervisor) to monitor her/his own behavior and personal workspace to ensure a work environment based on mutual respect and geared toward mission accomplishment. Review your own conduct through application of the following guidelines:

Negative examples are excessive discussion of personal life or problems; emphasis on developing social life instead of work.

Are you taking personal responsibility for maintaining a positive work environment?

Examples are immediate correction of any inappropriate work site behavior; direct communication with someone who has personally offended you and/or reporting harassment through the supervisory chain of command and/or your EEO.

Examples are gender related jokes, posters, cartoon, etc; language which targets or puts down any group including women.

Affirmative employment actions are initiatives taken to overcome the effects of past and present discriminatory practices, policies, or other barriers to EEO. Practices that have an adverse effect on individuals or groups of individuals because of their race, color, religion, sex, national origin, age (over 40) or disability (physical/mental) should be eliminated. Designated affirmative actions work toward achievement of a diverse work force in occupational categories and grade levels in consonance with the census availability data (CAD) in the local civilian labor force (CLF) provided by the Equal Employment Opportunity Commission (EEOC).

Affirmative Employment/Action Program plans are developed in concert with EEOC Management Directives, Office of Personnel Management (OPM), and other directives. EEO protected groups include women and members of the following minority groups: (Black, Hispanic, Native American/Alaskan Native, and Asian/American Pacific Islander.)

The Department of Army requires installations to establish Special Emphasis Programs to ensure equal opportunity in hiring, training, advancement and treatment of women and minority employees. These special employment programs are the Asian/Pacific Islander Employment Program, Black Employment Program, Federal Women’s Program, Hispanic Employment Program, and Native American/Alaskan Native Employment Program.

Department of the Army Regulation 690-600, EEO Discrimination Complaints, 18 September 1989, sets policies and procedures on filing, processing, investigating, and settling complaints of discrimination. The regulation implements Federal law and the regulations of the EEOC.

WHO MAY FILE A COMPLAINT? Any employee, former employee, or applicant for federal employment (appropriated or non-appropriated) at Fort Leonard Wood who feels she/he has been discriminated against (treated differently) because of race, color, religion, sex, national origin, age (over 40), mental or physical disability, or reprisal (prior EEO activity) may file a complaint.

The complainant must identify the basis for the complaint (paragraph 2 above). There may be more than one basis; i.e., age and gender. The complainant also identifies the adverse action(s) [issue(s)] they have suffered leading to the complaint. Discrimination may arise from a specific action or from an ongoing policy or practice. Some examples of issues in discrimination complaints are:

If the alleged discriminatory action was perpetrated by an individual(s) rather than a system or organization, the complainant will identify that management official(s), hereinafter known as a Witness.

As part of her/his complaint, the complainant may request relief which is appropriate considering the nature of the alleged discrimination. Relief is identified as that which would make the complainant "whole"; i.e., what the complainant would be if there had not been discriminatory actions taken against her/him. Examples of forms of relief:

Complaints will be processed promptly and impartially and with due respect for the rights of persons against whom allegations have been made.

The employee, former employee or applicant for employment contacts the EEO Office within 45 calendar days of the alleged discriminatory event or date of personnel action. EEO Counselor has 30 calendar days to conduct inquiries. Final Interview must be given with in the 30 calendar days, unless written permission to extend counseling is given to the counselor by aggrieved.

A formal complaint must be dated and signed by the complainant, and preferably should be submitted on DA Form 2590, which is furnished by the EEO Office. A formal complaint must be submitted either in person or by mail to:

Equal Employment Office

316 Missouri Ave.

Suite 137

Fort Leonard, MO 65473

ACCEPTING OR DISMISSING A COMPLAINT. The Equal Employment Manager (EEM) has authority to accept or dismiss an EEO discrimination complaint.

INVESTIGATING THE COMPLAINT A formal complaint will lead to an on-site investigation, which is conducted by the Department of Defense Office of Complaints Investigation (OCI). The OCI investigator takes affidavits/testimony from the complainant, and witnesses and gathers evidence about the complaint.

HEARING AND RECOMMENDED DECISION After the OCI Investigation is complete OCI will send the EEO Office a investigative file, complainants will then receive a Post-Investigation Option letter which explains the process for requesting a hearing directly from the EEOC field office that has jurisdiction over the geographical area in which the complaint arose or a final Army decision with out a hearing. The EEO Office will advise the complainant of the EEOC address where a hearing request must be sent. The complainant will provide a copy of the hearing request to the EEO Office.

Decision by the Director of EEO, Department of the Army without a hearing. The Army EEO Director issues a decision on the merits of the case following the completion of the OCI investigation. The complainant has the right to file an appeal with the EEOC within 30 calendar days of receipt of the Army's final decision. If complainant does not reply within the required time frame (30 calendar days after receipt of Report of Investigation), the EEO Office will submit the entire case file to the Army Director of EEO for a Final Army Decision (FAD) on the merits of the complaint or on the record as it stands.

RIGHT TO FILE CIVIL ACTION. Except in cases of age discrimination, a complainant is authorized by Section 717c of the Civil Rights Act of 1964, as amended, to file a civil suit in an appropriate U.S. District Court:

►Within 30 calendar days of receipt of notice of final action taken by the employing agency on the complaint; or

►After 180 calendar days from the date of filing a complaint with the agency if there has been no final agency decision; or

►Within 30 calendar days after receipt of notice of final action taken by EEOC on the complainant's appeal;

►After 180 calendar days from the date of filing an appeal with EEOC when there has been no EEOC decision.

FREEDOM FROM REPRISAL. The complainant has a right to be free from restraint, interference, coercion, discrimination, or reprisal because of his/her EEO involvement. A complaint of reprisal is filed and processed in the same manner as other complaints of discrimination. Except in cases of age discrimination, a complainant may recover reasonable attorney's fees and costs if s/he prevails in the administrative process. To recoup attorney's fees, the name, address, and date attorney was retained must be provided to the EEO office in writing at the time the attorney is hired.

A "class" is a group of agency employees, former employees and /or applicants for employment on whose behalf it is alleged that they have been, are being, or may have been adversely affected by agency personnel management policy or practice which the agency has authority to rescind or modify. These management policies or practices may be perceived to be discriminatory against the group on the basis of their common race, color, religion, sex, national origin, age, or physical or mental handicap.

All class action complaints should be brought to the attention of the Equal Employment Manager. Counseling will be assigned to a Class Action Complaint Counselor.

Regulations regarding allegations of age discrimination are unique because the complainant can choose between two difference procedures. Instead of first filing a complaint with the employing agency, a complainant may go directly to U.S. District Court after first giving the EEOC no less than 20 days notice of intent to file suit about an action which occurred within the previous 180 calendar days.

If the complainant chooses to file a complaint of age discrimination with the employing agency, s/he must generally complete all steps of the process outlined above before s/he can file in a U.S. District Court.