ARE - EQUAL EMPLOYMENT OPPORTUNITY

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.  The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Title VII of the Civil Rights Act of 1964 (https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) (Title VII), This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business;

The Pregnancy Discrimination Act

This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Equal Pay Act of 1963

Website: https://www.eeoc.gov/statutes/equal-pay-act-1963 for the EPA, which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

Age Discrimination in Employment Act of 1967

Website: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967 for the ADEA, which protects individuals who are 40 years of age or older.

Title I and Title V of the Americans with Disabilities Act of 1990

Website: https://www.eeoc.gov/laws/statutes/ada.cfm of the ADA, which prohibit employment  discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.

Sections 501 and 505 of the Rehabilitation Act of 1973

Prohibits discrimination against qualified individuals with disabilities who work in the federal government; and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Genetic Information Nondiscrimination Act of 2008

Website: https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008

Title II of the Genetic Information Nondiscriminaton Act of 2008 (http://www.eeoc.gov/laws/types/genetic.cfm) (GINA), prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.\

This law makes it illegal to discriminate against a federal employee or job applicant on the bases of race, color, national origin, religion, sex, age, or disability. The CSRA also prohibits discrimination on the bases of certain other factors that don't adversely affect employee performance, such as marital status, and political association. The CSRA makes it illegal to fire, demote, or otherwise "retaliate" against a federal employee or job applicant for whistle-blowing or for exercising the right to file a complaint, grievance, or an appeal.

The Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) enforce the CSRA. For more information, contact the Office of Personnel Management at 202-653-7188 or visit http://www.opm.gov.

The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sex. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board  (MSPB).

Additional information about the enforcement of the CSRA may be found on the OPM web site at https://www.opm.gov/retirement-services/csrs-information/; from OSC at (202) 653-7188 or at http://www.osc.gov; and from MSPB at (202) 653-6772 or at http://www.mspb.gov 

U.S. Equal Employment Opportunity Commission

Office of Special Counsel

Merit Systems Protection Board (MSPB)

Civil Rights Act of 1964

Equal Pay Act of 1963

Age Discrimination in Employment Act of 1967

Americans with Disabilities Act of 1990    

Rehabilitation act of 1973

Civil Rights Act of 1991

Genetic Information Nondiscrimination Act of 2008

The Pregnancy Discrimination Act of 1978

PENTAGON OFFICE                                                                                                                              
HQMC EEO Office
3000 Marine Corps Pentagon
Room 2B248A 
Washington, DC 20350-3000

Phone: (571) 256-8302
Email: SMBHQMCARHEEO@usmc.mil

MCB QUANTICO OFFICE
HQMC EEO Office
Marine Corps Association Building Annex
715A Broadway Street, 1st Floor
Quantico, VA, 22134

Phone: (703) 784-4772
Email: SMBHQMCARHEEO@usmc.mil 

What you need to know:

Any current employee, applicant for employment, or former employee serviced by the National Capital Region Human Resources and Organizational Management Office who believes he or she has been discriminated against because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, genetic information, or reprisal, is entitled to file an EEO complaint.

The matter must be brought to the attention of an EEO specialist within 45 calendar days from the date the alleged act occurred, the effective date of an alleged discriminatory personnel action, or the date that the individual knew or reasonably should have known that it occurred.

The EEO specialist is required to make whatever inquiries are necessary to seek a solution to the matter on an informal basis. Individuals have the right to remain anonymous during the informal counseling stage. If, after 30 days, the specialist is unable to resolve the matter to the satisfaction of the individual involved, the specialist will conduct a final interview meeting. The specialist will inform the individual in writing of his or her right to file a formal complaint, the applicable time requirements, and the names and addresses of officials authorized to receive formal complaints of discrimination.

PENTAGON OFFICE

HQMC EEO Office
3000 Marine Corps Pentagon
Room 2B248A 
Washington, DC 20350-3000

Phone: (571) 256-8302
Email: SMBHQMCARHEEO@usmc.mil

EEO PROTECTED CLASSES

If you are a current employee, applicant for employment, or former employee serviced by the National Capital Region Human Resources and Organizational Management Office who believes you have been discriminated against based on one of the following protected classes, you are entitled to consult an EEO Specialist to try to resolve the matter. 

PROTECTED CLASS

RACE 
COLOR
NATIONAL ORIGIN
SEX
RELIGION
AGE (applies to persons 40 years and older)
PHYSICAL OR MENTAL DISABILITY
GENETIC INFORMATION
REPRISAL (witness or party to previous EEO Complaint)

Timeline for Filing an EEO Complaint

You have 45 days!

If you fail to contact the EEO Office withing 45 days, your complaint may be dismissed as untimely. 

When to File a complaint

The Office of Equal Employment Opportunity is committed to the creation of a work environment that places a premium on excellence and equity, in an environment that offers our employees opportunities for professional and personal growth. We are also responsible for ensuring compliance with this nation’s laws as they pertain to internal equal employment and external civil rights issues. If you believe you have been discriminated against, you may file an EEO Complaint.

What is the timeline?

Contact an EEO Specialist within 45 days of the date of the matter alleged to be discriminatory, or

In the case of a personnel action, (i.e., hiring, termination, promotion, transfer, etc.), within 45 days of the effective date of the personnel action, or the date that the individual knew or reasonably should have known it occurred

All sorts of behavior can create what employees deem to be a "hostile work environment". But, in the legal sense, a hostile work environment is caused by unwelcome conduct in the workplace, in the form of discriminatory harassment toward one or more employees based on inclusion in a protected class.

The harasser might be an employee, such as a Supervisor or a coworker, or even a non-employee, i.e. a Contractor. But who the workplace harasser is doesn't matter as much in the legal sense, as does the fact that he or she is creating an intimidating, offensive, abusive, or hostile work environment through discriminatory workplace harassment. 

• Conduct that interferes with an individual’s work performance, i.e., conduct that makes it hard for you to concentrate and focus on your work, etc.

• Conduct that creates an intimidating, hostile, or offensive work environment.

• Verbal or physical repeated conduct, i.e., yelling, screaming, slamming fist or items on desks, etc.

• Conduct that causes an individual to suffer with respect to a term, condition, or privilege of employment, i.e., receiving a Letter of Caution, etc.

There are no Federal "hostile work environment laws" or "hostile workplace laws" named as such. Creating a hostile workplace is prohibited under certain Federal discrimination laws (listed below).

Title VII of the Civil Rights Act of 1964 (Title VII) 

Age Discrimination in Employment Act of 1967 (ADEA)

Americans with Disabilities Act Amendment Act of 2008 (ADAA)

Genetic Information Nondiscrimination Act of 2008 (GINA)

Subsequently, to be illegal under one of the laws in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, sex, age, religion, national origin, disability, genetics; or it must be caused by retaliation in violation of a discrimination law.

Additionally, the harassment typically must be intentional, severe, recurring, and pervasive, and interfere with an employee's ability to perform his or her job.

Lastly, the victim or witnesses typically must reasonably believe that tolerating the hostile work environment is a condition of continued employment. In other words, the victim or witnesses typically must reasonably believe that they have no choice, but to endure a hostile workplace in order to keep their jobs.

If you believe you are in a hostile work environment, you may contact the Office of Equal
Employment Opportunity at the following locations:

MARINE CORPS BASE QUANTICO
715A BROADWAY STREET
1ST FLOOR
QUANTICO, VA 22134
703-784-4772

HQMC EEO OFFICE PENTAGON
ROOM 2A248A
WASHINGTON, DC 20350-3000
571-256-8302

What is sexual harassment?

Definition: 

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when…

• Submission to, or rejection of this conduct explicitly or implicitly affects an individual’s employment,

• Such behavior unreasonably interferes with an individual’s work performance, or

• Such behavior creates an intimidating hostile or offensive work environment

This is also defined in Section 703(a)(1) of Title VII of the Civil Rights Act of 1964, as amended.

Standards of Establishing Sexual Harassment

• Behavior must be sexual. This includes verbal and non-verbal behaviors.

• Behavior must be unwelcome.

• Conduct or behavior that is Severe or Pervasive-Hostile Work Environment.

• The Reasonable Person Standard is applied.

Sample Behaviors

• Letters, telephone calls, or materials of a sexual nature

• Deliberate touching, leaning over, cornering, or pinching

• Sexually suggestive looks or gestures

• Pressure for sexual favors or dates

• Sexual teasing, jokes, remarks, or questions

what to do

If you feel you have been sexually harassed or have observed sexual harassment, it is strongly suggested that you:

• Immediately confront the harasser and tell the individual that his/her behavior is unwelcome and to STOP! It may be in your best interest to have someone else present when you do this

• Inform the appropriate level supervisor of the harassment, the actions you took to stop the behavior, and discuss what plan of action this supervisor plans to take to resolve the situation

• If these attempts are unsuccessful, contact the EEO Office within 45 days of the incident

This course of action is not mandatory but is strongly suggested for two reasons:

• Many decisions have been rendered finding that unless an individual is informed that certain behavior is unwelcome and is requested to stop, he/she does not know it is unwelcome and leads the individual to assume that the behavior is acceptable

• Agencies cannot be held liable for sexual harassment if management was not informed of the behavior, and in some cases, not provided the opportunity to resolve the situation

• However, we realize that under certain circumstances it is very uncomfortable for individuals to confront the harasser or discuss the situation with a supervisor. If this occurs, everyone has the right to contact the EEO Office immediately and we will assist you in resolving the problem

REMEMBER, you have the right to remain anonymous during the informal state of a discrimination complaint and there is no requirement to go through the chain of command prior to raising allegations of discrimination

Processing Complaints Alleging Sexual Harassment – 10 United States Code § 1561

• The Office of Assistant Secretary of Defense has issued procedures for processing allegations of sexual harassment. This guidance is separate and distinct from the informal EEO complaint process

• Applicability and procedures for this process are covered in the DON Discrimination Complaints Management Manual, Appendix C

If you fall victim to sexual harassment, you must report such unlawful activity to the Office of Equal
Employment Opportunity at the following locations:

MARINE CORPS BASE QUANTICO

MARINE CORPS ASSOCIATION BUILDING ANNEX

715A BROADWAY STREET
1ST FLOOR
QUANTICO, VA 22134
703-784-4772

HQMC EEO OFFICE PENTAGON
ROOM 2B248A
WASHINGTON, DC 20350-3000
571-256-8302

Department of the Navy (DON) and Marine Corps major commands and subordinate activities have ongoing obligation to assess, evaluate and monitor the effectiveness of their EEO programs and to identify and eliminate barriers that impede free and open competition in the workplace. The aim of this program is to ensure that all employees and applicants for employment enjoy equal opportunity in the federal workplace regardless of race, sex, national origin, color, religion, disability or reprisal for engaging in prior protected activity. 

SECNAV Sexual Harassment Policy Statement 2020

Office of Special Counsel (OSC) Prohibited Practice

PENTAGON OFFICE                                                                                                                              
HQMC EEO Office
3000 Marine Corps Pentagon
Room 2B248A 
Washington, DC 20350-3000

Phone: (571) 256-8302
Email: SMBHQMCARHEEO@usmc.mil                                                                                                                                                                            
MCB QUANTICO OFFICE
Marine Corps Association Building Annex
715A Broadway Street, 1st Floor
Quantico, VA, 22134

Phone: (703) 784-4772
Email: SMBHQMCARHEEO@usmc.mil

Reasonable Accommodation (RA) is an adjustment to a job or work environment which enables an employee with a disability to perform the duties of the position.

An accommodation is a tool, provided by the employer, to help employees with disabilities to do their jobs, just as an employer provides the means for all employees to accomplish their jobs. For example, employees are provided with desks, chairs, phones, and computers. An employee who is blind or who has a visual impairment may require computer software which operates by voice command or which provides enlarged print.

RA options may include: making the work environment accessible, job restructuring, acquiring or modifying equipment, adjusted work schedules, modified workplace policies, telework, providing personal assistants (e.g., a reader for a blind individual or an interpreter for a deaf individual), along with a whole range of other creative solutions. Reassignment is the final accommodation option and is considered when it has been determined that there is no reasonable accommodation available which would permit the individual to remain in the current position.

RA Fact Sheet (Updated Jun 2023)

Reasonable Accommodation Request Form

Reasonable Accommodation

Reasonable Accommodations are adjustments or modifications which range from making the physical work environment accessible to restructuring a job, providing assistive equipment, providing certain types of personal assistants (e.g., a reader for a person who is blind, an interpreter for a person who is deaf), transferring an employee to a different job or location, or providing flexible scheduling.

Reasonable accommodations are tools provided by employers to enable employees with disabilities to do their jobs, just as the employer provides the means for all employees to accomplish their jobs. For example, employees are provided with desks, chairs, phones, and computers. An employee who is blind or who has a visual impairment might need a compute, which operates by voice command or has a screen that enlarges print.

(From the President’s Committee on Employment of People with Disabilities).

This legal term is defined in the ADA as an action requiring significant difficulty or expense for the business/employer, considering the following factors:

The nature and cost of the proposed accommodation, the overall financial resources of the business and the effect of the accommodation upon expenses and resources, the impact of the accommodation upon the operation of the facility, the violation of seniority provisions of a collective bargaining agreement, or the failure to eliminate or reduce a direct threat or harm to self or others.

How RA Works

Whenever an employee requests an adjustment or change at work related to a medical condition, the employee has entered the Reasonable Accommodation process. That initial request may be verbal or written and the term "Reasonable Accommodation" does not have to be used. As an example, the employee might say to the supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." That employee has just asked for reasonable accommodation. Once the employee initiates the request (verbal or written), the Reasonable Accommodation process has begun. 
The RA Request Form is filled out, and signed by the employee requesting RA. The signed form is then submitted to the first level supervisor and/or Reasonable Accommodation Program manager.

Next, the Reasonable Accommodation Advisory Team meets to review the request. The Team consists of the RA Program Manager, 1st (and sometimes 2nd) level supervisor, a member from HR, and a member from Agency Counsel (and sometimes a medical professional). Additionally, the employee requesting RA is invited to attend a portion of this first meeting to provide input.

Medical documentation specific to the employee’s disclosed limitations is requested, when necessary, and once the medical documentation is received, the Reasonable Accommodation Advisory Team meets again to determine if the employee is a qualified person with a disability and what accommodation might be granted.

Reassignment is the reasonable accommodation of last resort and is considered only after it has been determined that there are no effective accommodations to perform the essential functions of his/her current position, or all other accommodations would impose an undue hardship or pose a threat to the employee’s or others’ safety.
RA Federal Jobs.

PENTAGON OFFICE                                                                                                                              
HQMC EEO Office
3000 Marine Corps Pentagon
Room 2B248A 
Washington, DC 20350-3000

Phone: (571) 256-8302
Email: SMBHQMCARHEEO@usmc.mil                                                                                                                                                 

MCB QUANTICO OFFICE
Marine Corps Association Building Annex
715A Broadway Street, 1st Floor
Quantico, VA, 22134

Phone: (703) 784-4772
Email: SMBHQMCARHEEO@usmc.mil

Workplace conflicts can distract Marine Corps personnel from focusing on the mission of their organization. For this reason, USMC policy is to use the Alternative Dispute Resolution (ADR) process at the earliest stage possible in civilian disputes, if feasible. 
 
ADR is an alternate method for resolving all kinds of workplace disputes outside the traditional process of EEO complaints, grievances, and litigation. Mediation is the ADR process most commonly used by the Marine Corps. Unlike formal processes for resolving disputes, Mediation resolves disputes and conflicts at the earliest stage possible, it is relatively quick, and it is inexpensive.

During Mediation, which is a voluntary process, a certified neutral person facilitates a discussion between two or more parties to help them arrive at a mutually agreeable resolution of a dispute.

Mediation is not about fault or blame, it’s about results. It is confidential, helps to maintain work relationships, improves communication, and promotes creative solutions.

MEDIATION:  

In Agency mediation the DON mediator helps the parties structure the dispute negotiations to expand the opportunity for solutions. The DON mediator facilitates the parties' resolution of the dispute by acting as a catalyst, focusing discussions, and assisting in the exchange of information.  Mediation sessions typically involve the use of joint meetings and private sessions, called caucuses, to identify issues and explore resolution options.  The DON mediator uses a facilitative mediation style and will not provide a neutral evaluation of the parties’ claims or defenses, but might ask tough questions, typically in the caucuses.  These probing questions clarify issues, raise issues for consideration, and reality-test the parties’ assumptions.

GROUP FACILITATION:  

Group facilitation is a process in which a facilitator whose selection is acceptable to all members of the group, who is substantively neutral, and who has no substantive decision-making authority diagnoses and intervenes to help a group improve how it identifies and solves problems and makes decisions, to increase the group’s effectiveness.

CONFLICT COACHING:  

Have you ever been a party to a workplace dispute or issue that seemed intractable? As easy as it is to blame others, perhaps we contribute to problems in ways we cannot see. This session will help you distinguish between systemic and personal dynamics, and explore how we unknowingly exacerbate and escalate situations.  Conflict coaching is one of the fastest growing ADR techniques being used in the federal workplace today. It’s a face-to-face interaction in which one-on-one communication occurs for the purpose of creating understanding, and developing interaction strategies and skills. Conflict coaching is flexible, cost effective (average session is 45-60 minutes, with 1-4 sessions total), easy to schedule and safe.

There are many benefits to using ADR:

• Disputes are generally processed and resolved more quickly.

• More creative resolutions that are acceptable to all parties are recommended.

• A third-party reviewer has not imposed undesirable resolutions on the parties.

• A durable and voluntary agreement is made.

Even when cases do not result in resolutions, ADR:

• Lays the groundwork for a subsequent settlement.

• clarifies the issues for a third-party review.

Q: Do I have to participate if someone asks me to?
A: Mediation is a voluntary process.

Q: If I participate in Mediation, do I lose my rights under the EEO complaint process or the Negotiated or Administrative Grievance processes?
A: No, you do not lose your rights.

Q: Who can initiate an ADR process?
A: Anyone – employees, managers, unions.

Q: How long does it take to get a Mediator?
A: It takes approximately 3 weeks to obtain a Mediator once a request for Mediation is made.

Q: Where do the Mediation sessions take place?
A: In a Conference Room near your servicing EEO Office.

PENTAGON OFFICE                                                                                                                              
HQMC EEO Office
3000 Marine Corps Pentagon
Room 2B248A 
Washington, DC 20350-3000

Phone: (571) 256-8302
Email: SMBHQMCARHEEO@usmc.mil                                                                                                                                                 

MCB QUANTICO OFFICE
Marine Corps Association Building Annex
715A Broadway Street, 1st Floor
Quantico, VA, 22134

Phone: (703) 784-4772
Email: SMBHQMCARHEEO@usmc.mil