EMPLOYMENT DISCRIMINATION IS ILLEGAL
Equal Employment Opportunity (EEO) is the law. It is the policy of the Government of the
United States to provide equal opportunity in Federal employment and to prohibit discrimination
in employment based on race, color, religion, sex, national origin, age, disability, retaliation,
genetic information, or sexual orientation.
NOAA promotes EEO for all individuals and will not tolerate any form of discrimination in the workplace. NOAA takes seriously its responsibility to prevent discrimination by removing any barriers that may limit opportunities. Every effort must be made by management officials to ensure that this commitment is reflected in all of the actions and policies of the organization. However, if employees of NOAA or applicants for employment with NOAA believe that this commitment is not being met, they may seek guidance and assistance through the EEO complaint process. As an employee, applicant for employment with NOAA, or former employee, individuals have the right to avail themselves of the EEO complaint process without fear of retaliation.
The EEO Complaint Process is described in detail regarding the overview of how to manage EEO Complaints in the Federal Sector. Review the Equal Employment Opportunity Commissions' (EEOC) Management Directive-110 and the EEOC's regulation at 29 Code of Federal Regulation (CFR) Part 1614.
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Aggrieved persons who believe they have been discriminated against on the basis of race, color, religion, sex national origin, age, disability, retaliation, genetic information, or sexual orientation must consult a Counselor prior to filing a complaint in order to try to informally resolve the matter.
An aggrieved person must initiate contact with a Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action.
The Counselor must ensure that the Aggrieved Person understands his/her rights and responsibilities in the EEO complaint process, including the option to elect ADR.
The Counselor should further explain the complaint process and timeframes.
The Counselor must attempt resolution within 30 days of contact by the Aggrieved Person. Counseling can be extended for an additional 60 days if the Aggrieved Person agrees in writing to the extension. The NOAA Civil Rights Office must approve the request. The total counseling period shall not exceed 90 days. Where the Aggrieved Person chooses to participate in the ADR process, the pre-complaint processing period shall be 90 days.
If the ADR program is available, the Aggrieved Person will have to exercise an election option, and decide whether to seek pre-complaint resolution through the ADR process or through the traditional EEO counseling process. In this regard, at the initial counseling session, the Counselor should:
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