VA EEO Policy
June 13, 2011
TO ALL EMPLOYEES
SUBJECT: The Secretary’s EEO, Diversity, and No FEAR Policy
Statement
As Secretary of the Department of Veterans Affairs (VA), I convey my strong commitment
to equal employment opportunity (EEO), diversity and inclusion, and workplace conflict
resolution to maintain a high performing organization in the 21st century.
To deliver the highest quality services that our Veterans deserve, we must ensure
an environment that eliminates barriers to full participation, encourages diverse
perspectives, and actively supports constructive conflict resolution. It is critical
that we harvest our collective knowledge and talent to focus on the needs and expectations
of Veterans and their families. Each and every one of us bears the responsibility
to ensure that discrimination is not tolerated and that diversity is valued. VA
empowers every individual to contribute to his or her fullest potential.
Supervisors and managers bear a special responsibility in promoting the complementary
principles of equity, diversity, and inclusion in the workplace. The attached EEO,
Diversity, and No FEAR Policy Statement provides a summary of VA’s workplace
policies. Review the Policy Statement with your staff, and encourage discussion
of these expectations. Your leadership and participation are crucial at this time.
Eric K. Shinseki
Attachment
Summary of VA’s EEO, Diversity, and No FEAR Policies
The Department of Veterans Affairs (VA) is committed to ensuring equal employment
opportunity (EEO), promoting diversity and inclusion, and resolving workplace conflict
constructively to maintain a high performing workforce in service to our Nation’s
Veterans. To that end, the Department will vigorously enforce all applicable Federal
EEO laws, regulations, Executive Orders, and Management Directives to ensure equal
opportunity in the workplace for all VA employees. This document summarizes VA’s
EEO and diversity-related policies. For additional information, please consult the
references listed at the end of this memorandum.
EEO and Prohibited Discrimination
VA will not tolerate discrimination or harassment on the basis of race, color, religion,
national origin, sex, pregnancy, gender identity, parental status, sexual orientation,
age, disability, genetic information, or retaliation for opposing discriminatory
practices or participating in the discrimination complaint process. This applies
to all terms and conditions of employment, including recruitment, hiring, promotions,
transfers, reassignments, training, career development, benefits, and separation.
In addition, VA will provide reasonable accommodation to qualified individuals with
disabilities and accommodations for religious practices in accordance with applicable
laws and procedures.
VA’s Office of Resolution Management (ORM) is responsible for administering an impartial
and effective complaints-management process to address and resolve complaints of
employment discrimination at the earliest possible stage. Employees may report allegations
of discrimination to ORM at (888) 737-3361. The regulations governing the Federal
EEO complaint process are found in 29 CFR Part 1614. Employees seeking redress under
this process must contact an EEO Counselor in person, by phone, or in writing within
45 calendar days of the date of the alleged incident. Employees may also report
allegations to their immediate local facility EEO program manager or a management
official in their chain of command, or they may raise discrimination issues through
the Negotiated or Administrative Grievance Process, as appropriate. While a discrimination
allegation may be raised through these additional avenues, it does not constitute
initiation of an EEO complaint with an EEO Counselor through the Federal sector
EEO complaint process, and it does not extend the 45-day time limit to initiate
an EEO complaint with ORM.
While sexual orientation, gender identity, and parental status are not listed as
protected bases in Title VII of the Civil Rights Act, discrimination on these bases
is strictly prohibited by VA. Complaints of discrimination filed on these bases
will be processed according to the aforementioned Federal EEO complaint process
up to and through the investigation stage of the EEO process. The VA Office of Employment
Discrimination Complaint Adjudication will issue a Final Agency Decision on the
merits of the claim within 60 days of its receipt of the complaint file. Complaints
filed solely on this basis will not proceed to the U.S. Equal Employment Opportunity
Commission. Other avenues of redress available to raise a claim of discrimination
based on sexual orientation, gender identity, or parental status include the Negotiated
or Administrative Grievance Procedure. Both permit claims of discrimination, and
if otherwise appealable, raising the matter with the Office of
Special Counsel and/or the Merit Systems Protection Board if the claim of discrimination
is coupled with adverse impact and/or prohibited personnel practices. While a discrimination
allegation may be raised with these avenues, it does not constitute initiation of
a complaint through this internal complaint process, and it does not extend the
45-day time limited to initiate such complaint with ORM.
Workplace Harassment
Harassment is a form of discrimination and will not be tolerated. Workplace harassment
is defined as any unwelcome, hostile, or offensive conduct taken on the bases listed
above under prohibited discrimination that interferes with an individual’s performance
or creates an intimidating, hostile, or offensive work environment. Harassment by
or against VA employees, applicants, contract employees, clients, customers, and
anyone doing business with VA is prohibited.
Sexual harassment is a form of sex discrimination that involves unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature when: (1) submission to or rejection of such conduct is made either
explicitly or implicitly a term or condition of one’s employment, or (2) submission
to or rejection of such conduct by a person is used as a basis for career or employment
decisions affecting that person, or (3) such conduct interferes with an individual’s
performance or creates an intimidating, hostile, or offensive work environment.
Both supervisors and employees bear responsibility in maintaining a work environment
free from discrimination and harassment. Employees must not engage in harassing
conduct and should immediately report such conduct to their supervisor, another
management official, collective bargaining unit, Employee Relations Specialists,
Labor Relations Specialists, or ORM, as appropriate. Harassment claims will be handled
confidentially to the greatest extent possible. If an employee brings an issue of
harassment to a supervisor’s attention, the supervisor must promptly investigate
the matter and take appropriate and effective corrective action, as necessary. Allegations
of discrimination and harassment will be taken seriously and appropriate corrective
action – up to and including termination – will be taken if allegations are substantiated.
Supervisors are strongly encouraged to seek guidance from their local EEO Manager,
ORM, Employee and Labor Relations staff, or the Office of the General Counsel when
addressing issues of discrimination or harassment
No FEAR/Whistleblower Protection
The Notification and Federal Employee Antidiscrimination and Retaliation Act (No
FEAR) of 2002 protects Federal employees from unlawful discrimination and reprisal
for participation in protected EEO and whistle-blowing activity. The Whistleblower
Protection Act prohibits retaliation against public employees or applicants for
employment who report official wrongdoing, including gross waste, fraud, and abuse
of authority. Retaliation against individuals for reporting violations of laws,
opposition to discrimination, or participation in the discrimination-complaint process
is unlawful and will not be tolerated. This includes complainants, witnesses, and
others who provide information concerning such claims. The U.S. Office of Special
Counsel is responsible for addressing complaints of whistleblower retaliation.
Alternative Dispute Resolution
Conflict in the workplace is inevitable. Left unmanaged, it can lead to organizational
disruption, high attrition, low productivity, and poor employee morale. To maintain
a respectful, productive, and harmonious work environment, it is the policy of VA
to resolve workplace disputes at the earliest possible stage. VA offers Alternative
Dispute Resolution (ADR) services such as mediation and facilitation to assist parties
in constructively resolving conflicts. ADR involves a neutral third-party working
with the employee, supervisor, or group to engage in constructive communication,
identify issues and concerns, and develop collaborative solutions. I encourage all
VA employees to consult with their Administration’s ADR Coordinator or VA’s Workplace
ADR program for assistance in quickly and informally resolving workplace disputes.
Accommodations
VA is committed to providing reasonable accommodation to qualified individuals with
disabilities in accordance with law, unless doing so poses an undue hardship as
provided by the applicable law. For people with disabilities, a reasonable accommodation
is any change in the work environment or in the manner work is accomplished that
enables them to perform the essential functions of their jobs and enjoy equal benefits
and privileges of employment. Individuals who believe they need such accommodation
should request accommodation from immediate supervisors. The procedures for requesting
and processing requests for reasonable accommodation are contained in VA Directive
5975.1. VA has also established a centralized reasonable accommodation fund to support
requests for accommodation that may not be otherwise funded. For information on
this, contact the Office of Diversity and Inclusion.
VA is also committed to providing religious accommodations to employees. Title VII
of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating
against individuals because of their religion in hiring, firing, and other terms
and conditions of employment. Title VII also requires employers to reasonably accommodate
the religious practices of an employee or prospective employee, unless to do so
would create an undue hardship upon the employer. Individuals who believe they need
such accommodation should request accommodation from immediate supervisors.
Mandatory EEO, Diversity, and Conflict Management Training
The No FEAR Act of 2002 requires all employees to take No FEAR training within 90
days of their initial hire and every 2 years thereafter. VA also requires workplace
harassment prevention training for all employees every 2 years. This training is
available to all employees through the VA Talent Management System (TMS). Managers
and supervisors are also required to take Mandatory EEO, Diversity, and Conflict
Management Training for Managers and Supervisors every 2 years. This training is
mandatory for all senior executives, managers, and supervisors and is available
in face-to-face format and online through TMS.
Toward Diversity and Inclusion
To be a high performing organization in the 21st century, we must cultivate an inclusive
work environment that reflects the diversity of our global community and leverages
the diverse talents of our human resources. Diversity and inclusion in the workplace
are more than legal imperatives; they are business imperatives in this millennium.
We all share the responsibility to ensure we promote the fundamental principles
of equity, diversity, and inclusion at VA.
__/signed/_____________________________
June 13, 2011
Secretary of Veterans Affairs
Date
Related Laws, Executive Orders, and Resources:
Title VII of the Civil Rights Act of 1964:
http://www.eeoc.gov/laws/statutes/titlevii.cfm
Rehabilitation Act of 1973, as amended: http://www.eeoc.gov/laws/statutes/rehab.cfm
Age Discrimination in Employment Act of 1975, as amended:
http://www.eeoc.gov/laws/statutes/age.cfm
Equal Pay Act of 1963 as amended: http://www.eeoc.gov/laws/statutes/epa.cfm
Pregnancy Discrimination Act of 1978:
http://www.eeoc.gov/laws/statutes/pregnancy.cfm
Notification and Federal Employee Antidiscrimination and Retaliation Act (No FEAR
Act) of 2002:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ174.107
Filing Whistleblower Disclosures:
http://www.osc.gov/wbdisc.htm
Executive Order 11478, as amended by Executive Order 13087:
http://www.archives.gov/federal%20-register/codification/executive-order/11478.html
EEO Discrimination Complaints Process, VA Directive 5977, February 7, 2007:
http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=343&FType=2.
All Employees Memorandum entitled Processing Equal Employment Opportunity Complaints
Based on Sexual Orientation dated May 13, 2010, signed by Secretary Shinseki.
Mandatory EEO, Diversity, and Conflict Management Training for Senior Executives,
Managers and Supervisors dated May 19, 2010, signed by Assistant Secretary for Human
Resources and Administration.
Diversity Management and EEO, VA Directive
5975, March 6, 2007.
VA Directive 5975.1,
Processing Requests for Reasonable Accommodation by Employees and Applicants
with Disabilities.
VA Policy on Employee and Management Relations:
http://vaww1.va.gov/ohrm/Directives-Handbooks/Documents/5021.doc
The Secretary’s EEO, Diversity, and No FEAR Policy Statements
Office of Diversity and Inclusion:
http://www.diversity.va.gov/.
Office of Resolution Management (ORM): ;http://www.va.gov/orm/.
VA Workplace Alternative Dispute Resolution:
http://www1.va.gov/adr/workplaceADR.asp
Office of Human Resources and Administration: http://www.va.gov/ofcadmin/.
Office of Labor-Management Relations: http://www1.va.gov/lmr/.
Employee Relations: http://vaww1.va.gov/ohrm/EmployeeRelations/ERhome.htm.
U.S. Office of Special Counsel: http://www.osc.gov/.
