Equal Employment Opportunity

The Affirmative Employment Program (AEP), required by the Equal Employment Opportunity Commission (EEOC), promotes equal employment opportunity for DoD civilian employees and applicants. The local AEP also identifies ways to remove barriers to the employment and advancement of women, minorities, individuals with disabilities, and disabled veterans.

An employee, former employee or applicant must contact an EEO Official within 45 calendar days of an alleged discriminatory action. Once an EEO Official is contacted, they will provide an overview of the EEO process and discuss the various options.

The purpose of the pre-complaint is to attempt resolution at the lowest level. There are two options available to meet this goal, Traditional Counseling or Alternative Dispute Resolution (ADR). If Traditional Counseling is elected, an EEO Counselor will attempt to resolve the matter informally. If ADR is elected, a Mediator will attempt to resolve the matter informally.

If resolution is unsuccessful during the pre-complaint, a Complainant will receive a notice regarding their right to file a formal complaint. A Complainant must file a written formal complaint with the EEO Office within 15 calendar days after receipt of the Notice of Right to File.

If the complaint is accepted by the EEO Officer, an Investigator will be assigned to collect all relevant information pertaining to the complaint. If the complaint is dismissed, the Complainant or their Representative will be provided, in writing, the reason(s) for the dismissal and informed of their right to appeal the decision. If the complaint is partially dismissed, the Complainant or their Representative will be informed in writing of the rational for the partial dismissal and informed that the partially dismissed claims are not appealable until a final action is issued on the remainder of the complaint, but may be reviewed by an Administrative Judge (AJ) if the Complainant requests a hearing on the accepted claims.

The Investigations and Resolution Division (IRD) is required to complete the investigation within 180 days from the filing of the formal complaint with a possible extension of 90 additional days (upon mutual agreement). After the investigation, the Complainant or their Representative may request a Final Agency Decision (FAD) or a hearing by an EEOC AJ. *Note: A Complainant or their Representative may also request a hearing after 180 days has elapsed from the filing of the complaint if the investigation has not been completed.

If the Complainant requests a FAD, the Department of the Army’s Equal Employment Opportunity Compliance and Complaints Review Agency (EEOCCR) or the applicable DoD Agency head will issue the agency’s decision on the complaint. The decision, based on information in the investigative file, is issued within 60 days.

If the Complainant requests a hearing, the EEOC’s AJ conducts a hearing. Once the hearing is complete a finding and conclusion is submitted within 180 days of the request. If the agency does not issue a final order within 40 days of receipt of the AJ’s decision, the AJ's decision shall become the final action of the agency.

If the Complainant is dissatisfied with the Agency’s final decision, it may be appealed to EEOC’s Office of Federal Operations (OFO) or filed with a civil action in a U.S. District Court.

If the Complainant is dissatisfied with OFO’s decision, they may request that the case be reopened and reconsidered by the EEOC or they may file a civil action in a U.S. District Court. Complainants who raise a claim under the Age Discrimination in Employment Act or the Equal Pay Act may bypass the administrative process by filing a notice of intent to sue the EEOC at least 30 days before filing a civil action in court.

Discrimination is unfair treatment or denial of privileges because of an individual’s membership in a protected group.

Protected groups include the following:

• Race: Treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).

• Color: Treating someone unfavorably because of skin color complexion.

• Sex: Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's gender. Sex discrimination also includes pregnant women (an applicant or employee) who are treated unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

• Religion: Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.

• National Origin: National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).

• Age (40 & over): The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. Age discrimination can also occur when the victim and the person who inflicted the discrimination are both over 40.

• Disability (Physical/Mental): Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

• Genetic Information: Under Title II of Genetic Information Non-Discrimination Act (GINA), it is unlawful to discriminate against employees or applicants because of genetic information. Title II of 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.
• Reprisal: EEO laws makes it unlawful to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

Applicants, employees (including employees covered under the USAG Stuttgart servicing agreement) and former employees, who feel they have discriminated against based on race, age (40 or older), color, national origin, disability (mental or physical), religion, sex, genetic information and retaliation/reprisal based on past participation in protected EEO activities.

Unlawful discrimination as outlined in Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national original. Additionally discrimination based on one’s age (40 or older), a disability (mental or physical), and genetic information are grounds for filing complaints of discrimination.

No. The program is designed to provide equal opportunity for ALL employees, former employees and applicants.

An employee, former employee or applicant should make contact with the EEO office no later than 45 calendar days from the alleged discriminatory event or at a point when the individual became reasonably aware that she/he has experienced unlawful discrimination.

Unfortunately, when a formal complaint is filed, the EEO office cannot provide you a specific resolution date, time, and/or scenario. When multiple factors and parties are involved, full coordination of events must take place to resolve your issues.

No. Confidentiality is of utmost importance to meeting your needs. The EEO office may offer you anonymity in the pre-complaint/informal stage of your complaint. However, if you elect to file a formal case, your right to anonymity will be waived.

However, employees are encouraged to work cooperatively with their managers and supervisors to resolve issues of concern prior to seeking EEO assistance.