EQUAL EMPLOYMENT OPPORTUNITY OFFICE

1. The Equal Employment Opportunity Commission (EEOC) regulations provide for the processing of complaints from employees, former employees, and/or applicants for employment who believes that they have been discriminated against on the basis of race, color, religion, sex, national origin, age (40 years and above), mental and physical disability, genetics, or reprisal (prior EEO activity). 
    
2. The complaint process consists of an Informal Stage in which an individual who believes that they have been discriminated against must initiate contact with an EEO Counselor within 45 days of the date of the matter alleged to be discriminatory, or in the case of personnel action, within 45 days of the effective date of the action. This stage provides an opportunity for resolution of the Complainant’s concerns through Alternative Dispute Resolution (Mediation) or other means of resolution.
    
3. In the Formal Stage, a Complainant must file a formal complaint and it must be submitted in writing, signed by the Complainant, and submitted to the local EEO office within 15 calendar days of receipt of the Notice of Right to File a Discrimination Complaint. The formal stage provides for an Investigation of the complaint, Advisement of Complainant’s Rights, and a Hearing/Final Agency Decision.   
    
4. A Complainant who disagrees with the Agency’s final action may must use the Appeal Process to file an appeal with EEOC’s Office of Federal Operations, within 30 calendar days of receipt of the Agency’s final action. If the appeal is timely, EEOC will adjudicate the complaint. The EEOC’s appellate decision is final and binding on both parties, unless either party timely requests reopening and reconsideration by members of the Commission.  

1. Disability is a physical or mental impairment, which substantially limits a major life activity, a record of such impairment or being regarded as having such an impairment.  The agency is required to make a reasonable accommodation of a known mental or physical limitation of an otherwise qualified individual with a disability unless to do so would cause undue hardship.
    
2. A “qualified” individual with a disability is an individual who can perform the essential functions of the position held or desired with or without reasonable accommodation.  Not all medical conditions qualify as a disability therefore an individual assessment through the reasonable accommodation process may be required. As part of that assessment, the employee requesting a reasonable accommodation may be asked to provide medical documentation from their medical provider which describes the nature, severity, and duration of the impairment, the activity or activities the impairment limits, the extent to which the impairment limits the employee’s ability to perform the activity or activities, and substantiates why the requested reasonable accommodation is needed.
    
3. Employees seeking reasonable accommodation should contact their first-line supervisor or the RA Coordinator. A family member, friend, health care professional, or other person may request a reasonable accommodation on behalf of an individual with a disability. A reasonable accommodation may be made in “plain English” and the phrase “reasonable accommodation” is not required to be used, nor is reference to the Americans with Disability Act or other statute. If an employee indicates that they are having difficulty performing essential job functions of their position due to a medical problem or condition, this should be treated as a request for reasonable accommodation.
    
4. Applicants requesting an accommodation should contact the processing Human Resources Office (HRO) or Office of Civilian Human Resources (OCHR) Operations Center. All requests for reasonable accommodation made at the pre-employment phase must be reported to the servicing EEO Office for processing and tracking purposes. 
    
5. The Rehabilitation Act of 1973 requires that all medical information be kept confidential. All medical information obtained in connection with a request for reasonable accommodation will be kept by the RA Coordinator in a secure, locked file cabinet or in electronic form with password protection, with access to information granted on a “need to know” basis only. In addition, the Rehabilitation Act of 1973, as amended requires that employers may not disclose to others, without an official need to know, that an employee is receiving a reasonable accommodation, as it would constitute a disclosure that the individual has a disability.