3-5.100
Equal Employment Opportunity (EEO) Policy
|
It is the policy of the United States Attorneys' Offices (USAOs) and
the Executive Office for United States Attorneys (EOUSA) to provide equal
opportunity in employment on the basis of merit and to prohibit
discrimination because of race, color, religion, sex, age, national origin,
disability (physical or mental), sexual orientation or reprisal.
Moreover, the USAOs and the EOUSA wholeheartedly incorporate into this
policy the Attorney General's key objectives in the area of equal employment
opportunity by:
- Fostering an environment in the USAOs and the EOUSA in
which cultural
diversity is valued and understood;
- Achieving work force diversity wherever under-representation of
minorities,
women, and person with disabilities exists; and using innovative
approaches to
more fully integrate minorities, women and persons with
disabilities throughout
the USAOs and the EOUSA;
- Holding supervisors and managers strictly accountable for EEO
implementation;
and
- Providing a work environment that is free of discrimination and
harassment;
and ensuring that the programs designed to address allegations of
discrimination
or harassment are responsive to employees' needs and that employees
who elect to
use such programs are protected from retaliation or reprisal.
Our goal is to promote the full realization of equal employment
opportunity through a continuing affirmative action program that will
eliminate discrimination based on factors irrelevant to job performance. To
achieve this goal, positive action will be taken by management at all levels
to: (1) reexamine periodically our personnel policies and methods,
recruiting efforts, training programs, as well as management practices, in
order to implement necessary changes for the diversification of our work
force, and (2) eradicate any internal practice or procedure which denies
equality of opportunity to any group or individual on any basis other than
merit and fitness. Through affirmative action, opportunities will be
provided for all persons to compete equally for employment and advancement
to their highest levels of proficiency where individual skills and training
are fully utilized.
The continuing support of all staff members will be required for the
achievement of the desired results.
3-5.101
Policy Statement on Persons with Disabilities
|
The USAOs and the EOUSA reaffirm their commitment to recruit and hire
qualified persons with disabilities. The USAOs and the EOUSA will continue
to promote equal employment opportunity by working to eradicate all
non-merit factors of employment that would adversely affect disabled
persons.
To accomplish this goal, all levels of management must:
- Ensure that personnel and other internal practices and
procedures are
executed equitably, and do not deny opportunities to any group of
individuals
based on non-merit and non-fitness factors;
- Provide opportunities that will allow persons with disabilities
the chance
to compete on an equal basis for advancement to their highest level
of
proficiency; and
- Ensure that all complaints of discrimination filed by persons
with
disabilities are handled in a manner so as to eliminate fear of
reprisal.
3-5.102
Policy Statement on Disabled Veterans
|
The USAOs and the EOUSA affirm the policy to recruit and hire qualified
disabled veterans, specifically those disabled veterans who are thirty
percent (30%) or more disabled. The USAOs and the EOUSA will continue to
promote equal employment opportunity by working to eradicate all non-merit
factors of employment that would adversely affect disabled veterans.
To accomplish this goal, all levels of management must:
- Ensure that personnel and other internal practices and
procedures are
executed equitably, and do not deny opportunities to disabled
veterans based on
non-merit and non-fitness factors;
- Provide opportunities that will allow disabled veterans the
chance to compete
on an equal basis for advancement to their highest level of
proficiency; and
- Ensure that all complaints of discrimination filed by disabled
veterans are
handled in a manner so as to eliminate fear of reprisal.
3-5.103
Policy Statement on Sexual Harassment
|
It is the policy of the USAOs and the EOUSA to prohibit sexual
harassment in their offices. Sexual harassment is unacceptable conduct in
the workplace and will not be condoned. Personnel management within the
USAOs and EOUSA shall be free from prohibited personnel practices, as
outlined in the provisions of the Civil Service Reform Act of 1978. All
employees shall avoid conduct which undermines these principles.
Sexual harassment is a complex and sensitive issue. It is a form of
employee misconduct which undermines the integrity of the employment
relationship. Harassment on the basis of sex is a violation of Section 703
of Title VII of the Civil Rights Act of 1964, as amended. In accordance
with the Equal Employment Opportunity Commission Guidelines on
Discrimination Because of Sex, (29 C.F.R. �.11), unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct
of a sexual nature constitute sexual harassment when: (1) submission to such
conduct is made either explicitly or implicitly a term or condition of an
individual's employment, (2) submission to or rejection of such conduct by
an individual is used as the basis for employment decisions affecting such
individual, or (3) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
All employees must be allowed to work in an environment free from
unsolicited and unwelcome sexual overtures. Sexual harassment debilitates
morale and interferes in the work productivity of its victims and other
employees. Therefore, behavior of this nature will not be tolerated.
3-5.104
Implementation of Affirmative Employment Programs
|
In an effort to assist the USAOs and the EOUSA in the implementation of
their Affirmative Employment Programs, the Equal Employment Opportunity
(EEO) staff develops the plans, procedures and regulations necessary to
carry out these programs. The EEO staff prepares the following plans:
3-5.105
Training
|
Periodically the EEO staff sponsors specialized training conferences
which are offered to both attorney and non-attorney personnel. See the EOUSA Resource Manual at 68.
3-5.120
EEOC Responsibilities
|
See the EOUSA Resource Manual at
69.
3-5.130
Racial/Ethnic Codes
|
See the EOUSA Resource Manual at
70.
3-5.150
Employees With Disabilities
|
It is the policy of the USAOs and the EOUSA to provide equal
opportunity for persons with disabilities in all of its programs. This
includes training programs, such as workshops and seminars sponsored by the
USAOs and the EOUSA, where persons with disabilities who attend may require
special accommodations. Effective May 1, 1984, the following statement
should be included in all announcements of training sponsored by the
Executive Office or any district office:
The EOUSA makes every effort to assure that its training programs are
readily accessible to persons with disabilities. Any official nominating a
disabled individual for training should contact the office sponsoring the
training at least ten (10) working days in advance of the nomination to
discuss any special provisions needed to accommodate the disabled
nominee(s), e.g., sign language interpreters for the hearing impaired,
etc.
3-5.200
Processing Complaints of Discrimination
The EOUSA processes two types of complaints that involve allegations of
discriminations:
- Individual and class complaints of employment
discrimination and
reprisal prohibited by Title VII of the Civil Rights Act of 1964,
as amended
(discrimination on the basis of race, color, religion, sex, and
national origin);
the Age Discrimination in Employment Act, (discrimination on the
basis of age
when the aggrieved individual is 40 years of age or older); the
Rehabilitation
Act (discrimination on the basis of mental or physical disability);
the Equal Pay
Act (sex-based wage discrimination) and Department of Justice
policy (sexual
orientation).
- Mixed case complaints which are complaints that contain an
allegation of
employment discrimination related to or stemming from a personnel
action that can
be appealed to the Merit Systems Protection Board (MSPB).
Both types of complaints are handled in two phases—the informal
complaint stage and the formal complaint stage.
- Informal Complaint.
Before a formal complaint
may be filed,
employees or applicants for employment who feel they have been
discriminated
against because of race, color, religion, sex, age, national
origin, disability
(physical or mental), sexual orientation, or reprisal must bring
the matter to
the attention of an EEO Counselor within 45 calendar days after the
action in
question. It is the EEO Counselor's responsibility to attempt to
resolve the
problem informally within 30 calendar days. If the counseling has
not been
completed within 30 calendar days, the Counselor must notify the
complainant, in
writing, on the 30th day of the complainant's option either to
continue the
counseling process or file a formal complaint within 15 calendar
days after the
notice of final counseling interview has been received by the
complainant.
If the matter is a mixed case complaint, the EEO Counselor will explain
that the complainant must select either the EOUSA or the MSPB to formally
process the complaint or appeal. The EEO Counselor will inform the
complainant that attempting an informal resolution does not preclude filing
a formal appeal with the MSPB, but that the time limit for filing the appeal
with the MSPB remains unchanged. The EEO Counselor will also explain that
mixed case complaints are processed in a shorter time frame than Title VII
complaints, and mixed case appeals from the EOUSA are to the MSPB instead of
EEOC.
Complainants may go directly to an EEO counselor or may call
the EEO staff,
EOUSA for assignment of a counselor.
Formal Complaint. If the complainant is not
satisfied with the
informal resolution, he/she may then file a formal complaint of
discrimination.
The complaint must be specific, in writing, and must be submitted
to the EEO
Assistant Director, Executive Office for United States Attorneys,
Equal
Employment Opportunity Staff, 10th and Pennsylvania Avenue, N.W.,
Room 1630,
Washington, D.C. 20530, within 15-calendar days from the date the
complainant
receives the Notice of Final Interview.
If the matter is a mixed case complaint, the complainant must submit a
letter acknowledging that the EOUSA is the only forum where the mixed case
complaint has been filed.
The complaint is considered filed on the date mailed (post-marked) or on
the date of delivery when the complaint is presented (hand delivered) to the
EEO staff.
The EEO Assistant Director shall send a written acknowledgment of
receipt of the complaint to the complainant, and advise the complainant of
all administrative rights and of the right to file a civil action, including
the applicable time limits for such filing.
3-5.210
Who May File a Complaint
|
A complaint of discrimination may be filed by an applicant or any
employee. Allegations of discrimination may be based on race, color,
religion, sex, age, national origin, disability (physical or mental), sexual
orientation, or reprisal. (With reference to age, the aggrieved person must
be at least 40 years of age at the time of the matter giving rise to the
complaint of discrimination.) The employee has the right to be represented
at all levels of the complaint process by a representative of his/her
choice.
3-5.211
General Guidance on Filing Discrimination Complaints
|
Further guidance on filing discrimination complaints can be found in the
EOUSA Resource Manual at 72 et seq.
3-5.800
Prevention of Sexual Harassment Contact Persons
|
Pursuant to the Attorney General's mandate for the prevention of sexual
harassment, each district is required to designate a Prevention of Sexual
Harassment Contact Person. Large districts may appoint more than one
Contact Person. The purpose of this requirement is to enhance existing
program efforts to eliminate sexual harassment by establishing a procedure
outside the existing equal employment opportunity and grievance
processes.
Districts may not appoint a manager or supervisor as the Contact Person.
Appointing a manager may result in a conflict of interest because of the
different roles of managers and Prevention of Sexual Harassment Contact
Persons. Managers must make decisions and appointing a Contact Person who is
a member of management would tend to blur the two functions.
The coordinator for the Prevention of Sexual Harassment Program in the
USAOs and the EOUSA is the Legal Counsel's office.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |