Employees who feel they have been discriminated against on the basis of national origin, age, religion, gender, race, color, disability, sexual orientation, genetic information, parental status or reprisal for prior EEO activity should contact the Chief Counsel EEO Office as soon as possible.

Initial Contact. Employees are responsible for contacting the EEO Office within 45 days of the incident giving rise to the allegation of discrimination. If an ongoing pattern of discrimination is alleged, an employee is still required to contact the EEO Office within 45 days of the most recent instance. Both an issue and a basis (race, color, religion, age, gender, national origin, disability, sexual orientation, genetic information, marital, or parental status) must be identified by the employee, as well as a showing of harm. EEO Counselors will provide a complete discussion of an employee’s rights and responsibilities in the initial interview with the employee.

Election of Process. An employee may elect the EEO process, using either a counselor or mediator, to attempt a resolution of the issues raised. The unique aspects of each process will be explained during the employee’s initial contact with the EEO Office. An employee who is a member of a bargaining unit may elect to file a grievance. However, the same issue cannot be raised in more than one forum. An employee must make an election of process between the EEO process or union grievance.

Counseling. An EEO Counselor will be assigned by the EEO Office to conduct an informal inquiry into the allegation and to attempt a resolution of the conflict. The Counselor is not an advocate for either the employee or the manager, but an independent and objective person trained in facilitating resolution. The primary purpose of the counseling stage of the discrimination complaint process is to clearly define the issues and basis and to facilitate a resumption of constructive work relationships.

Mediation. An employee will be offered the option to work with a mediator if the head of the EEO office determines that mediation may work well with the circumstances of the case. Mediation is a voluntary process. Both the aggrieved employee and the appropriate manager must agree to participate. A mediator will facilitate discussion to encourage resolution between the parties. A mediator does not make a finding or impose a resolution of the parties involved. A written record will only be created if the two parties come to an agreement.

If an allegation is not resolved to the satisfaction of the employee within 30 to 90 days, either through counseling or mediation, a formal complaint of discrimination can be filed with the Treasury Complaint Mega Center.

If the complaint is accepted, an investigator will be assigned by the Treasury Complaint Mega Center to develop a complete factual record with sufficient information to make a final decision on the allegation.

An aggrieved person or an agent for a class may be accompanied by a representative of their choosing, at each stage of the complaint and counseling procedure.

The Office of Chief Counsel will not recognize that the aggrieved person or class agent is represented, nor will attorney fees and costs be considered unless and until a Form TD F 62.03.2, Designation of Representative and Limited Power of Attorney, http://publish.no.irs.gov/getpdf.cgi?catnum=64992, is completed.

Where an employee of the Office of Chief Counsel serves as the representative, the complainant and the representative, if otherwise in official duty status, will be permitted a reasonable amount of official time to present the complaint during the informal and formal stages.

Any witnesses, including persons who have been identified as possibly being directly responsible for the action or matter complained of, have a right to representation. Representatives do not have the right to examine and cross examine witnesses.

Managers are encouraged to contact the Chief Counsel EEO Office for assistance in evaluating requests for reasonable accommodation. Each situation is evaluated individually based on the nature of the disability and the essential elements of the job.

Employees who have a disability when they are initially hired and those who develop a disability during the course of their employment are both covered by the provisions of the Rehabilitation Act. Generally, it is incumbent upon the person in need of an accommodation to make the agency or manager aware of the nature of the disability and the extent of accommodation required.

The first step in reaching an accommodation is to determine if the employee/applicant is covered by the Rehabilitation Act. An individual with a disability is defined as a person with a physical or mental impairment that substantially limits a major life function, or has a record of such impairment, or is regarded as having such impairment. Each case is handled individually, taking into account the severity and duration of the disability, and the impact the impairment has on the individual’s ability to perform the essential functions of the job.

The next step in reaching an accommodation is to specifically define the essential functions of the job, focusing on the tasks to be accomplished rather than on the method to be used. A person with a disability is considered qualified for a position if they can perform the essential functions of the job with or without an accommodation.

The final step in reaching an accommodation is determining what accommodation is required and if that accommodation is reasonable. This may or may not be the accommodation of the employee’s choice. A reasonable accommodation is effective, reliable, easy to use, and readily available for the employee needing the accommodation. It directly addresses the work place barriers related to an employee’s disability.

Managers are not required to provide accommodations that are primarily for the convenience or personal use (such as eyeglasses or hearing aids) of the employee. An employer is also not required to provide an accommodation that would cause an undue hardship.

All federal facilities, whether they are owned or leased, must be accessible to all employees. Facility modifications to accommodate disabled employees should be coordinated with your local Facilities Management Office of Agency-Wide Shared Services (AWSS).

Accessibility also means that disabled employees have the right to equally participate in all agency functions and activities.

It is also the manager’s responsibility to ensure each employee (including employees with physical disabilities) have a safe way to exit from the building in the case of emergency.

Sexual harassment can occur without any touching. Such circumstances are unwelcome sexual advances or behavior which is personally offensive, debilitates morale, or interferes with employee work effectiveness. Sexual harassment may include actions such as:

Sexual harassment can occur between peers and/or co-workers as well as between supervisors and subordinates.

Employees who participate in actions such as, but not limited to those enumerated in CCDM 30.4.4.4(5), may be engaging in sexual harassment which may create a hostile or offensive work environment.

Sexual harassment may occur when a supervisor offers or threatens to use the power of their office or position to control, influence, or affect the career, salary, or job of another employee (or prospective employee) in exchange for sexual favors.

Individuals who believe they are experiencing sexual harassment from co-workers or supervisors should make it clear that such behavior is offensive to them.

Individuals who believe they are experiencing sexual harassment from co-workers should bring the matter to the attention of the appropriate supervisor, or the EEO Office, so that corrective action can be taken.

Complaints of sexual harassment by a supervisor should be made to a higher-level supervisor, to anyone authorized to deal with discrimination complaints (e.g., EEO Office), or to an appropriate personnel official.

Supervisory personnel involved in sexual harassment are subject to discipline.