Equal Employment Office

Any employee, former employee or applicant, including all Non-appropriated Fund employees, and some contractors who believe they have been discriminated against because of RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, GENETICS, PHYSICAL OR MENTAL DISABILITY, and/or REPRISAL in an employment matter subject to the control of the Army, may file a complaint of discrimination.

As the aggrieved, you must first contact a representative from the EEO Staff within 45 calendar days of the action which caused you to perceive you have been discriminated against. You have the right to be accompanied, represented and advised by a person of your choosing, and both you and your representative will be free from restraint, interference, coercion, discrimination or reprisal during any part of the presentation of the complaint.

Informal Process

The Informal Pre-Complaint is the first stage of the federal EEO administrative complaints process.  The purpose of the Informal stage is to provide individuals with information about their EEO rights and responsibilities and, when possible, to act as a vehicle for achieving informal resolution of the issues and/or concerns presented by the individual.  The Informal Pre-Complaint is a prerequisite for filing a Formal EEO Complaint and cannot be waived. The informal process is completed within 30 days from the date the aggrieved determine they want to enter the EEO process (unless ADR is offered, see ADR). 

Traditional Counseling

Once an individual contacts the EEO Office, the Intake Manager will talk to the individual about their rights and responsibilities and request basic information about the individual’s situation.  The individual will fill out the contact form and should be ready to explain their complaint with clarity and reasonable specificity.

In most cases, the individual will have the option Traditional Counseling or Alternative Dispute Resolution (ADR). Regardless of the choice, the role of the Counselor is to conduct an informal, "limited inquiry" into the allegations contained within the Pre-complaint, to determine the allegations that are being raised by the Aggrieved Person, obtain management's response, and acquire information and documents.

If shuttle diplomacy (traditional counseling) is chosen, the Counselor serves as a bridge between the individual and management officials in order to seek a mutual understanding of what may be causing the dispute or conflict, and to determine potential solutions to resolve the complaint.  The Counselor corresponds between the management official and the Aggrieved Party who filed the pre-complaint in an attempt to identify a resolution of the issues.  The key with traditional counseling is that the parties do not sit at the table with one another.  The Counselor interacts with each separately in an attempt to help the parties resolve the dispute.  If traditional counseling is elected, the Counselor has 30 calendar days to close out the Informal Complaint or up to 60 or 90 calendar days if the parties agree to extensions.  Informal Complaints are closed out with the issuance of the Notice of Right to File a Formal Complaint or the execution of the settlement agreement in those cases where the parties agree to mutually resolve the dispute.

For more information on ADR visit, https://ogc.altess.army.mil/Practice_Groups/ADR.aspx. 

If a resolution is not achieved during the Informal stage, upon completion of the Informal stage an individual may file a written Formal Complaint of discrimination. The Counselor will provide the individual a "Notice of Right to File a Discrimination Complaint and a DA Form 2590.” Formal Complaints must be filed within 15 calendar days from the date that individuals receive the Notice of Right to File a Discrimination Complaint.

Once the EEO Office receives a Formal Complaint of Discrimination, the Specialist will process the complaint in accordance with AR 690-600, MD110 and 26 C.F.R 1614. The complainant will receive an acknowledgement letter of their formal complaint and within 15 calendar days from receipt the complainant will receive the decision letter with relevant information on the next steps in the process. If accepted a request for Investigation in submitted and the investigation will be completed within 180 from the date the formal was received. 

Upon completion of the investigation a Report of Investigation (ROI) the complainant will be provided with a copy and they will have the election between a hearing before an administrative judge of the U.S. Equal Employment Opportunity Commission (EEOC) or a Final Agency Decision (FAD) which is a written decision based on the ROI and case file.

To request a hearing: https://publicportal.eeoc.gov/Portal/Login.aspx

When prompted to choose an EEOC Office you can type in the zip code 21201 for the U.S. Equal Employment Opportunity Commission, Baltimore Field Office-531, George H. Fallon Federal Building, 31 Hopkins Plaza, Suite 1432, Baltimore, Maryland 21201 office.  Agency: DOD AR APG - USAG Aberdeen Proving Ground.

Since All EEO complaints on APG are processed by the Garrison EEO Office all request for hearing must select the correct agency otherwise the Garrison EEO office will not have visibility of the hearing and will not be able to upload the required documents in the required timeframe.

Note: The complainant is also required to submit (email or mail) the request for Hearing or FAD form to the Garrison EEO Office.

During the EEO Process, individuals have the following rights:

• Right to a representative of his or her choice, as long as the identified representative does not create a conflict of interest or the appearance thereof. Representatives may be attorneys or non-attorneys.
• Right to a reasonable amount of official time to present the complaint and to respond to requests for information.
• Right to request to participate in the ADR process.
• Right to amend the original Formal Complaint at any time prior to the conclusion of the investigation to include issues or claims that are like and related to those alleged in the original complaint.
• Right to request a Final Agency Decision or request a hearing before an EEOC administrative judge.
• Right to file a motion with the EEOC administrative judge to amend the complaint at the hearing stage.
• Right to appeal the outcome of the Final Agency Decision to the EEOC; or, in the case of a hearing the right to appeal the Agency’s final order.
• Right to bypass the administrative EEO complaint processing under the Age Discrimination in Employment Act and pursue a civil action in an appropriate U.S. District Court after providing written notice to the EEOC at least 30 calendar days before filing a civil action.
• Right to bypass the administrative EEO complaint process under the Equal Pay Act to pursue a civil action in U.S. District Court.

During the EEO Process, individuals have the following rights:

• Right to a representative of his or her choice, as long as the identified representative does not create a conflict of interest or the appearance thereof. Representatives may be attorneys or non-attorneys.
• Right to a reasonable amount of official time to present the complaint and to respond to requests for information.
• Right to request to participate in the ADR process.
• Right to amend the original Formal Complaint at any time prior to the conclusion of the investigation to include issues or claims that are like and related to those alleged in the original complaint.
• Right to request a Final Agency Decision or request a hearing before an EEOC administrative judge.
• Right to file a motion with the EEOC administrative judge to amend the complaint at the hearing stage.
• Right to appeal the outcome of the Final Agency Decision to the EEOC; or, in the case of a hearing the right to appeal the Agency’s final order.
• Right to bypass the administrative EEO complaint processing under the Age Discrimination in Employment Act and pursue a civil action in an appropriate U.S. District Court after providing written notice to the EEOC at least 30 calendar days before filing a civil action.
• Right to bypass the administrative EEO complaint process under the Equal Pay Act to pursue a civil action in U.S. District Court.

Under 29 C.F.R. § 1614, the investigator must complete the Report of Investigation of the accepted claim(s) within 180 calendar days from the date on which the individual complaint was filed. This time period may be extended by up to an additional 90 calendar days if a) the individual and the agency voluntarily agree, in writing, to an extension, or b) if a complaint has been amended.

An individual may amend a formal complaint with issues or claims that are “like or related” to the original complaint prior to the conclusion of the investigation without the need for additional EEO counseling. The EEO Office will acknowledge all amendments in writing. Regulations require that the investigation be completed by the 180th day after the filing date of the complaint, or the 180th day after the filing date of the last amendment to the original complaint, or the 360th day from the filing date of the original complaint, whichever is earlier.

Supervisors and managers, both civilian and military supervisors of Army employees, have a responsibility to maintain a workplace free of harassment. Supervisors will make reasonable efforts to prevent and promptly correct harassing behavior in the workplace.

Supervisors and managers of Army civilian employees will promptly address allegations of harassment with the employees directly involved in the incident, along with any witnesses who might have firsthand information. Managers must take prompt preventive and corrective action, including discipline, as appropriate, in consultation with the servicing staff judge advocate and the Labor Management Employee Relations (LMER) staff.

 Unlawful harassment includes, but is not limited to, unwelcome conduct, intimidation, ridicule, insult, offensive comments or jokes, or physical conduct based on race, color, religion, sex (whether or not of a sexual nature), national origin, age (over 40), disability, genetic information, or reprisal when an employee's acceptance or rejection of such conduct explicitly or implicitly forms the basis for a tangible employment action affecting the employee, or the conduct is sufficiently severe or pervasive as to alter the terms, conditions, or privileges of the employee's employment or otherwise create a hostile or abusive work environment. Even if a single utterance, joke or act does not rise to the level of actionable harassment under the law, such conduct is contrary to Army values.

Equal Employment Opportunity and Diversity

An agency is required to make a reasonable accommodation of a known mental or physical limitation of an individual with a disability who is qualified unless to do so would cause an undue hardship. An individual with a disability is someone who:

• has a physical or mental impairment that substantially limits one or more of that individual’s major life activities
• has a record of such impairment
• is regarded as having such an impairment

As a general rule, the individual with the disability who wants an accommodation is responsible for informing the agency that an accommodation is needed. The Disability Program Manager will assist in walking personnel through the RA process and track the disposition date and accommodation provided per AR 690-12.

Personal Assistance Services

Personal Assistance Services (PAS) allow individuals to perform activities of daily living that an individual would typically perform if they did not have a disability. PAS are services that are provided to people who require assistance to perform basic activities of daily living, such as assistance with removing and putting on clothing, eating, using the restroom, pushing a wheelchair or assistance with getting into or out of a vehicle at the work site.

Who qualifies to receive PAS?

A person is qualified for PAS if they:

• Are an employee of the agency
• Require PAS because of a targeted disability
• Will be able to perform the essential functions of their job, without posing a direct threat to safety, once PAS and any required reasonable accommodations have been provided.
• In addition, providing PAS must not impose an undue hardship.

What do PAS cover?

PAS allow individuals to perform activities of daily living that an individual would typically perform if they did not have a disability. They do not help individuals with disabilities perform their specific job functions, such as reviewing documents or answering questions that come through a call-in center. PAS differ from services that help an individual to perform job-related tasks, such as sign language interpreters who enable individuals who are deaf to communicate with coworkers, and readers who enable individuals who are blind or have learning disabilities to read printed text.

How to Request PAS?

The procedure to request PAS is the same as for requesting a Reasonable Accommodation.

Privacy

We keep information relating to a PAS and other reasonable accommodations confidential.

Information Tracking and Reporting

We track and report PAS in a similar manner as reasonable accommodations.

 

Service Animals

What is Section 504?

Section 504 is a Federal civil rights law that prohibits discrimination against people with disabilities.

It applies to:

• Programs, services, and activities conducted by Federal agencies
• Entities receiving any Federal financial assistance

What is the ADA?

• The ADA is a Federal civil rights law that prohibits discrimination against people with disabilities by:
• State and local governments (Title II)
• Public accommodations (Title III)

Relationship between Section 504 and Title II of ADA

Title II of the ADA was modeled after Section 504

Title II of the ADA and Section 504 are generally interpreted consistently

WHAT is a service animal under Section 504?

• Service animals are limited to dogs that are trained to perform work or tasks for people with disabilities
• The tasks performed by the service animal must be directly related to the person’s disability
• If it is not obvious that a dog is a service animal, you can solicit certain information with two questions

Examples of work/tasks performed by service animals

• Guiding a person who is blind or has low vision
• Providing stability for a person who has limited mobility and difficulty walking
• Pulling a wheelchair

Service animals are NOT:

• Other species of animals besides dogs, or miniature horses
• Emotional support, therapy, comfort, or companion animals

You can solicit certain information with two questions:

1. Is your animal required because of a disability?
2. What work or task has your animal been trained to perform?

You may NOT:

• Ask the two questions if it is obvious the animal is a service animal
• Request documentation for the animal
• Request that the animal demonstrate its task
• Inquire about the nature or extent of a person’s disability
• There are reasons a service animal can be excluded, for that and other requirements and questions please contact the Disability Program Manager, at 410-306-2432.

Formal Definitions

Personal Assistance Services

Assistance with performing activities of daily living that an individual would typically perform if they did not have a disability, and that is not otherwise required as a reasonable accommodation, including, for example, assistance with removing and putting on clothing, eating, using the restroom, pushing a wheelchair or assisting someone with getting into or out of a vehicle at the worksite. (Note that this is not an exhaustive list.)

Targeted Disability

Targeted disabilities are a subset of conditions that would be considered disabilities under the Rehabilitation Act. The federal government has recognized that qualified individuals with certain disabilities face significant barriers to employment, which for some people may include lack of access to PAS in the workplace, that are above and beyond the barriers faced by people with the broader range of disabilities. The federal government calls these "targeted disabilities."

Undue Hardship

Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the department.

Essential Functions of a Job

Those job duties that are so fundamental to the position that the individual holds or desires that the individual cannot do the job without performing them. A function can be “essential” if, among other things:

• The position exists specifically to perform that function,
• There are a limited number of other employees who could perform the function, or
• The function is specialized and the individual is hired based on their ability to perform it.

Determination of the essential functions of a position must be done on a case-by-case basis so that it reflects the job as actually performed, and not simply the components of a generic position description.

 

The purpose of ADR is to offer disputing parties an opportunity to openly express their positions and interests in resolving disputes in a mutually satisfactory fashion. The ADR process, especially when used at the earliest stage, restores working relationships and may serve as a preventative measure against future disputes. Additionally, the non-adversarial application of ADR reduces the costs incurred with the traditional administrative or adjudicative processes and affords use of activity resources for mission related programs and activities. The preferred method of ADR within the Department of Army is facilitated mediation with a qualified ADR neutral.  The ADR program is not just for EEO matters, it is also available and an often an effective tool to assist in resolving workplace issues at the lowest level.

 The ADR process is confidential. As a means to promote open and frank discussions between the disputing parties, both parties and their representatives must agree, in writing, that any information disclosed during the ADR process, other than discoverable documentation, will remain confidential whether or not ADR is successful.  However, any threat of physical harm or disclosure of waste, fraud, abuse, or any other illegal activity will be exempt from confidentiality and will be reported to the appropriate officials.

What is Mediation?

Mediation is the intervention into a dispute by an impartial and neutral third party who assists the disputing parties in voluntarily reaching a settlement. This third party, called the mediator, assists in clarifying issues, identifying underlying causes, and arriving at appropriate remedies to resolve disputes. The mediator does not impose resolution on the parties, but works to improve communications to guide the parties toward voluntary resolution.

Who May Participate in Mediation?

Department of Defense employees, applicants for employment, and former employees who allege discrimination on matters concerning their employment may be offered or may request mediation. Participation is voluntary.

How Does Mediation Work?

During mediation, parties will be provided the opportunity for joint discussion, as well as individual and confidential discussion, with the mediator. With the exception of the negotiated settlement agreement, the mediator will not retain records of the mediation. The mediator will not willingly testify for or against either party in an administrative or court proceeding regarding information unique to the mediation conference. Unless obligated by law.

What Happens When Mediation is Complete?

If a dispute is resolved through mediation, a written negotiated settlement agreement will be signed by both parties and EEO counseling will be terminated. If a dispute is not resolved, EEO counseling will continue and the aggrieved will be provided the right to file a formal complaint.

How Does Mediation Benefit Me?

• MEDIATION utilizes an impartial third party to assist the involved parties in resolving the dispute.
• MEDIATION encourages open communication, often improving or mending broken working relationships.
• MEDIATION allows parties to resolve disputes themselves, thereby avoiding lengthy and expensive litigation or administrative procedures.
• MEDIATION results in a win/win situation, especially where it results in a mutual and voluntary settlement to a dispute. Even if mediation does not result in resolution, open discussion often results in better understanding and better working relationships.

Why Should I consider Participating in Mediation?

Fair and Neutral - You and the designated management official have equal say in the process and both of you - not the mediator - decide the terms of the settlement. Guilt or innocence is not determined.
Saves Time - Coordinating all parties' schedules usually takes longer than mediation. Many mediations are completed in one meeting. Legal or other representation is optional but not required.
Confidential - All parties sign a confidentiality agreement. Discussion that takes place during mediation will not be revealed to anyone. After the mediation is over, the mediator destroys all of the discussion notes if there are any.
Avoids Lengthy Litigation - It takes 30 to 90 calendar days for counseling at the pre-complaint level and more than a year to have a formal complaint processed and the outcome at both stages of the complaint process is uncertain. Mediation is quick and the outcome is a settlement agreement or the right to file a formal complaint.
Fosters Cooperation - Mediation fosters a problem-solving approach to disputes, which enables the parties involved to use the techniques learned to reduce future workplace disruptions. Pre-complaint counseling and formal complaint investigations gather facts but the underlying problems may remain because they are not discussed.
Improves Communications - Mediation provides a neutral and confidential setting where both parties can openly and confidentially discuss their views on the underlying dispute. Parties share information, which can lead to a better understanding of each other's perspectives and mutually satisfactory resolutions.
Design Your Own Solution - A mediator assists you and the designated management official in voluntarily reaching a mutually beneficial resolution. Mediation can resolve all underlying issues important to the parties, not just the legal dispute.

Management Directive (MD) 715 Report is required by the Equal Employment Opportunity Commission (EEOC). The MD715 serves as a road map for the EEO program. MD715 is developed annually at all installations and higher levels within components and defense agencies. The six essential elements of a model EEO Program are as follows:

1. Demonstrated commitment from agency leadership

2. Integration of EEO into the agency's strategic mission

3. Management and program accountability

4. Proactive prevention of unlawful discrimination

5. Efficiency

6. Responsiveness and legal compliance

Compliance and integration of the EEOC's Model Employer into the Strategic Plan will ensure applicants, current/former employees and some contractors will receive equal employment opportunity in employment matters.

How do I file an EEO complaint?

Contact the garrison EEO Office to start the informal EEO Complaints process. 

Which EEO office do I contact?

APG garrison EEO office process complaints for personnel or actions taken on APG.

May I use official duty time to prepare my EEO complaint?

Yes. You will be allowed a reasonable amount of official time to prepare the complaint and to respond to requests for information.

How much official time is reasonable?

A reasonable amount of official time is defined as whatever is appropriate in order to allow you to present the relevant information associated with your complaint, and to respond to agency requests for information.

Mediation is one of many voluntary dispute resolution techniques collectively called Alternative Dispute Resolution or ADR.
In mediation, a neutral third-party assists the opposing parties to reach a voluntary, negotiated resolution to a charge of discrimination.
Mediation gives the parties the opportunity to discuss the dispute, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into solutions in the form of a settlement agreement.
A mediator does not impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution.

What are the differences between mediation and EEO counseling?

With mediation, witnesses are not called. It is just you and the designated management official working with a neutral mediator, who is experienced in resolving disputes. The mediator facilitates a discussion to find solutions to the dispute between you and the designated management official. With counseling, the EEO Counselor gathers the facts from you and other witnesses individually then shares what they found with you and management individually, to see if the dispute can be resolved. There is a high success rate with mediation; most disputes are resolved. There is a low success rate with counseling; most disputes are not resolved. Complainants who are not satisfied with the information found out during the EEO Counselor's inquiry may file a formal complaint. With mediation, a settlement agreement is crafted by the parties involved in the mediation. With counseling, a third party crafts the agreement.