Basic EEO and

Prevention of Sexual Harassment Training

for New Employees

The mission of the Office of Equal Employment Opportunity Services (EEOS) is to promote a work environment that ensures equal employment opportunity and fosters a culture that values diversity and empowers individuals so that they may participate and contribute to their fullest potential in support of the Department’s mission.

Complaints Processing Alternative Dispute Resolution Workforce Training Trend Analyses/Reports Diversity Management Special Emphasis Programs Reasonable Accommodation Interpreting Services Compliance Review/Staff Assistance Visits

Objectives of EEO LawsThe objectives of EEO Laws are: To remedy past discrimination To prevent violations To ensure that employees are provided with the

opportunity to: Compete fairly for positions for which they are

qualified Receive objective ratings based on their performance Not be subjected to personnel decisions or unfair

treatment based on non-merit factors

Title VII Civil Rights bases covered in Federal SectorTitle VII Civil Rights bases covered in Federal Sector::It is the policy [See It is the policy [See § 1614.101] of the U.S. Government to § 1614.101] of the U.S. Government to prohibit discrimination in employment because of:prohibit discrimination in employment because of:• RaceRace• ColorColor• ReligionReligion• Sex Sex • National OriginNational Origin• Age (40 and above)Age (40 and above)• DisabilityDisability• RetaliationRetaliation• Sexual Orientation*Sexual Orientation* *Sexual Orientation is not a basis covered by Civil *Sexual Orientation is not a basis covered by Civil Rights Law. ED has an internal policy that allows Rights Law. ED has an internal policy that allows employees to pursue a complaint [Complaint will not be employees to pursue a complaint [Complaint will not be heard by EEOC.]heard by EEOC.]

66

appointment awards promotion demotion reprimand suspension termination duty hours working conditions

performance evaluation harassment sexual harassment pay/overtime reassignment time and attendance training retirement accommodation

Issues

Elements of a EEO Elements of a EEO ComplaintComplaint BASIS + ISSUE The issue must involve an adverse employment action causing the individual an injury (i.e., a present harm or loss with respect to a term, condition, or privilege of employment.)

There must be a NEXUS between the agency’s use of the protected basis and the adverse action.

For example: I believe I have been discriminated against on my bases of race, color and age [bases] when on June 5, 2010, I received a letter of reprimand [issue].

88

UNIONUNION EEOEEOIGIG

Merit SystemMerit SystemProtection Protection BoardBoard

Informal Informal Dispute Dispute Resolution Resolution CenterCenter

When choosing the appropriate forum to address your concerns, you are encouragedWhen choosing the appropriate forum to address your concerns, you are encouragedto seek assistance by first contacting the Informal Dispute Resolution (IDR)to seek assistance by first contacting the Informal Dispute Resolution (IDR)Center. They can be reached at 202-619-9700. Center. They can be reached at 202-619-9700.

If you decide to file an EEO complaint, you must contact the Informal Dispute Resolution Center (IDRC) within 45 days from either the date of alleged discrimination or when you should have reasonably known of the alleged discrimination.

Note: Bargaining Unit Employees are required to contact the IDRC prior to requesting a counseling assignment with EEOS.

FAX

Or Email: Or Email: OM_EEOS@ed.gOM_EEOS@ed.govov

Reasonable Accommodation•Reasonable accommodation is available to qualified employees regardless of whether they work part-time, full-time, or are considered “probationary.”

•The individual must inform the employer than an The individual must inform the employer than an accommodation is needed. accommodation is needed.

•The individual has the responsibility of requesting an The individual has the responsibility of requesting an accommodation accommodation beforebefore performance suffers or conduct performance suffers or conduct problems occur.problems occur.

For Assistance, please contact JoAnn Cottman, Program For Assistance, please contact JoAnn Cottman, Program Coordinator, EEOS, 202-401-0691.Coordinator, EEOS, 202-401-0691.

Workplace harassment is unacceptable conduct and will not be tolerated at any level within the Department of Education (ED).  You have responsibility for maintaining high standards of honesty, integrity, and conduct as employees of the Department of Education. 

  Any employee who believes he or she was a victim of

harassment, including sexual harassment, should report the allegation to his/her supervisor, or contact the Informal Dispute Resolution Center (IDRC) or the Equal Employment Opportunity Services (EEOS) for assistance.  

Unwelcome Can be physical,

verbal or nonverbal Severe and pervasive Unreasonably

interferes with an individual’s work performance

Creates a hostile work environment

Focus is on impact of the behavior, not the intent

Quid Pro Quo: Making the submission to unwelcome sexual advances or submission to other verbal or physical conduct of a sexual nature a term or condition, implicitly, of an individual's employment. Basing employment decisions affecting the individual on his or her submission to or rejection of such conduct.

Hostile Environment: Making unwelcome sexual advances or other verbal or physical conduct of a sexual nature with the purpose of, or that creates the effect of, unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Prevention of Harassment

Supervisors must set the tone! Publicize the policy through regular meetings and EEO training activities

Recognize your obligation to create and preserve a work environment free from sexual harassment

Report the allegation Take immediate action to investigate the

allegations Seek resolutions and document action(s) taken Even if you feel the complaint is groundless -

treat it seriously Contact EEO Officials for assistance

1515

Alternative Dispute Resolution is a procedure voluntarily used to resolve workplace issues and disputes. Listed below are the benefits of utilizing ADR: Conducted by a Neutral Third Party Demonstrates a “Good Faith Effort” from leadership and employees Saves time and money Resolves disputes and restores productivity quickly Discussions are confidential Improves working relationships and communication Creates a “Win-Win” Situation

Contact: Frank Furey, Director, IDRC, at 202-619-Contact: Frank Furey, Director, IDRC, at 202-619-97019701

If your attitudes and decisions are shaped by facts based on performance and behavior, you will create a work environment free of discrimination where people are treated with respect based on what they do - not on what they were born into. You will have created the kind of place where everyone would like to work.

Creating a Positive Work Environment

Coming together is a beginning.

Keeping together is progress.

Working together is success. - Henry Ford

Recognize People. Engage People. Treat People like Equals.

Contact usOffice of Management

EEO Services400 Maryland Avenue, SW

Room 2W228Washington, DC 20202

Office Phone Number: (202) 401-3560Fax Number: (202) 205-5760

Email: OM_EEOS@ed.gov

Website: http://www.ed.gov/about/offices/list/om/fs_po/om/eeo.htmlPolicy Statements: http://connected/document_handler.cfm?id=16141