Department of Education Office of Management Equal Employment Opportunity Services

1. Department of EducationOffice of ManagementEqual Employment Opportunity Services Basic EEO and Prevention of Sexual Harassment Training for New Employees

2. Mission • 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.

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

4. Objectives of EEO Laws • The 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

5. Prohibited Discrimination (Bases) Title VII Civil Rights bases covered in Federal Sector: • It is the policy [See § 1614.101] of the U.S. Government to prohibit discrimination in employment because of: • Race • Color • Religion • Sex • National Origin • Age (40 and above) • Disability • Retaliation • Sexual Orientation* • *Sexual Orientation is not a basis covered by Civil Rights Law. ED has an internal policy that allows employees to pursue a complaint [Complaint will not be heard by EEOC.]

6. Issues • 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

7. Elements of a EEO Complaint • 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].

8. Avenues of Redress When choosing the appropriate forum to address your concerns, you are encouraged to seek assistance by first contacting the Informal Dispute Resolution (IDR) Center. They can be reached at 202-619-9700. Merit System Protection Board UNION EEO IG Informal Dispute Resolution Center

9. Informal Complaint Process 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. Call 202-619-9700 FAX Or Email: OM_EEOS@ed.gov

10. 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 accommodation is needed. • The individual has the responsibility of requesting an accommodation before performance suffers or conduct problems occur. For Assistance, please contact JoAnn Cottman, Program Coordinator, EEOS, 202-401-0691.

11. Dealing with Workplace Harassment • 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.  

12. Sexual Harassment • Creates a hostile work environment • Focus is on impact of the behavior, not the intent • Unwelcome • Can be physical, verbal or nonverbal • Severe and pervasive • Unreasonably interferes with an individual’s work performance

13. Types of Sexual Harassment 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.

14. 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

15. Alternate Dispute Resolution (ADR) • 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 202-619-9701

16. Creating a Positive Work Environment 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.

17. Coming together is a beginning. Keeping together is progress. Working together is success. - Henry Ford Recognize People. Engage People. Treat People like Equals.

18. Contact us Office of Management EEO Services400 Maryland Avenue, SW Room 2W228 Washington, DC 20202 Office Phone Number: (202) 401-3560 Fax Number: (202) 205-5760 Email: OM_EEOS@ed.gov Website: http://www.ed.gov/about/offices/list/om/fs_po/om/eeo.html Policy Statements: http://connected/document_handler.cfm?id=16141