Article 20
Equal Employment Opportunity

Section 1. Statement of Purpose

a. The Department and Local 12 recognize that the mere declaration not to discriminate in employment is not enough to ensure equality of opportunity. Therefore, the parties agree that positive steps must be taken to provide equality of opportunity for all employees and to prohibit any discrimination because of race, color, sex, national origin, religion, age, marital status, political affiliation, disability, status as a parent, sexual orientation, or status as a veteran.
b. The Department and Local 12 agree to cooperate in providing equal opportunity for employment and promotion to all qualified persons, to cooperate in ending discrimination, and to promote the full realization of equal employment opportunity through a positive and continuing effort.

Section 2. Management Commitment

a. The parties agree to work cooperatively to implement programs designed to achieve the fullest utilization of employee skills and potential on an equal basis. In this regard, such programs should be designed and implemented according to law and applicable higher-level regulations such as 42 U.S.C. 2000e-16; 29 U.S.C. 633a; 29 U.S.C. 791; 29 U.S.C. 206(d); 5 U.S.C. 2302(b); 29 CFR 1614 et seq.; 29 CFR 1607 et seq., and/or any agreements mutually acceptable to both parties.
b. The Department is committed to providing a workplace free of a "glass ceiling" in the Department of Labor. A "glass ceiling" is defined as those barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing upward in their organization into Management-level positions. The Department agrees to work to identify and ultimately eliminate any such workplace barriers which may exist at the Department of Labor.
c. The Department will assure equality of opportunity for current personnel and agrees that the application of equal employment principles and practices will include taking appropriate steps to assure equality for present employees. In addition, the Department shall conduct a continuing program for recruitment of minority group members, individuals with disabilities, and women for positions in the Department to carry out the policy of eliminating under representation. The Agencies will direct special efforts at recruiting in minority group communities; in women's organizations; in educational institutions with a significant representation of women and minorities; and from other sources from which members of minority groups, individuals with disabilities, and women can be recruited.
d. The Department agrees to provide the maximum opportunity within available resources and consistent with Agency needs for employees to enhance their skills. The Department will advise employees on an equal basis of such programs and opportunities.
e. The parties agree that the Department shall take all necessary steps to ensure that the Department’s EEO rules and regulations are in full compliance with EEOC directives for Federal agencies. This does not preclude the Union from raising to the Department issues relating to EEO.
f. EEO Counselors shall be made available and accessible to all employees in the bargaining unit.

Section 3. Sexual Harassment

a. The Department and the Union recognize that sexual harassment is a form of misconduct which undermines the integrity of the employment relationship and adversely affects employee opportunity. All employees must be allowed to work in an environment free from unwelcome sexual overtures. Therefore, the parties mutually agree to identify and work to eliminate such occurrences.
b. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Section 4. Training

The Department will provide Local 12 stewards the same training in the Equal Employment Opportunity (EEO) process as that given to EEO counselors. This training will include information regarding the role of the Department’s Civil Rights Center.

Section 5. Committees and Communications

a. A semi-annual meeting will be held between the Director of Civil Rights or her/his designee and Local 12 to discuss EEO matters and concerns. The Union will be entitled to a total of three (3) representatives at this meeting, unless the parties agree otherwise. The time and place for such meetings shall be determined by mutual agreement of the parties.
b. If both Agency management and Local 12 representatives agree, a special Agency EEO Committee may be established. In Agencies where this is not done, EEO concerns at the Agency level may be brought before the Agency Labor-Management Relations Committee (ALMRC).

Section 6. Affirmative Employment Plans and Programs

a. The Department shall review any employment practice or policy which has a disproportionate impact on members of minority groups, women and individuals with disabilities with a view toward its elimination or validation.
b. The Department shall develop a results-oriented program for affirmative employment to resolve problems of underutilization and underrepresentation of members of minority groups, women, and persons with disabilities. The affirmative employment plan will be developed in accordance with Equal Employment Opportunity Commission (EEOC) and Office of Personnel Management (OPM) guidelines.
c. Union input on the development of the Agency Affirmative Employment Plans shall be provided through the Agency EEO Committee or the ALMRC. The Union can also use this forum to raise any other EEO concerns. Such discussions could include possible steps to resolve these issues. Such steps may include affirmative recruiting, additional training, or goals and timetables. At the conclusion of these discussions Management will provide a response to the Union concerning what appropriate action, if any, Management intends to take to address the Union's concerns.
d. Each Agency, upon request, shall provide to the Union access to applicant flow data that is available from the Department’s automated system.

Section 7. Complaint Processing

a. The Department agrees to carefully, justly, and expeditiously consider and adjudicate complaints of discrimination filed through the EEO administrative complaint process or the negotiated grievance procedure. The Department and Local 12 agree to cooperate in attempting to bring about informal resolution of complaints.
b. Persons who allege discrimination or who participate in the presenting of such complaints will be free from restraint, interference, coercion, discrimination, or reprisal.
c. An employee may raise a complaint of discrimination through the Department's EEO administrative complaint process or through the negotiated grievance procedure, but not both. An employee shall be deemed to have exercised this option when the matter that gave rise to the allegation of discrimination is made the subject of a timely filed grievance or a formal EEO complaint, whichever event occurs first. Consultation with an EEO counselor pursuant to 29 C.F.R. 1614.105 does not constitute filing a formal EEO complaint.
d. Under the EEO administrative complaint process, a complainant has the right to be accompanied, represented, and advised by a representative of her/his choosing at any stage of the complaint process, except where there is a conflict of interest or position.
e. The Department shall notify Local 12 of all remedial or corrective actions which impact on bargaining unit employees, to be taken as the result of informal or formal resolution of EEO complaints filed under the EEO administrative complaint process.

Section 8. Special Emphasis Programs

a. Whenever Management meets with special emphasis program committees (for example, the Federal Women's Program and Hispanic Employment Program Committees) concerning matters which affect personnel policy and practices and other matters affecting working conditions of employees in the bargaining unit, Local 12 shall be informed in advance and have an opportunity to be present and participate at such meetings.
b. Employees may, with advanced supervisory approval, volunteer and be actively involved in special emphasis programs. Recognition of voluntary participation enhances the programs’ objectives and is encouraged.

Section 9. Meetings with Outside Groups on EEO Matters

a. Management may from time to time meet with outside groups or associations (for example, the NAACP, Urban League, LULAC, GI Forum, IMAGE, NOW, FEW, and SER) concerning EEO matters in connection with personnel policy and practices and other matters affecting working conditions of employees in the bargaining unit. Local 12 shall be informed in advance and shall have an opportunity to be present at such meetings.
b. Management may from time to time engage in consultation or dealings with religious, social, fraternal, professional, or other lawful associations, not qualified as labor organizations, with respect to matters or policies which involve individual applicability to them or their members provided that such consultation or dealing shall be so limited that they do not assume the character of formal consultation on matters of general employee-management policy covering employees in the bargaining unit, or extend to areas where recognition of the interests of one employee group may result in discrimination against or injury to the interests of other employees.
c. Whenever Management meets with advocacy groups or associations (for example, Hispanic American Cultural Effort (HACE) or Blacks In Government (BIG)) concerning matters in connection with personnel policy and practices and other matters affecting working conditions of employees in the bargaining unit, Local 12 shall be informed in advance and have an opportunity to be present and participate at such meetings.
d. This Section does not apply to meetings with individual employees concerning individual complaints of discrimination.

Section 10. Reasonable Accommodation

a. The Department shall provide reasonable accommodations for qualified individuals with disabilities as required by the Rehabilitation Act of 1973, as amended, (29 U.S.C. 791). In accordance with 29 C.F.R. 1630.2(o), the term reasonable accommodation means:

(1) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
(2) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
(3) Modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

b. In accordance with 29 C.F.R. 1630.2(o), reasonable accommodation may include but is not limited to:

(1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
(2) Job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.

c. Upon request, the Department shall provide visually disabled employees with access to this Agreement.
d. When the results of a medical examination reveal that a disabled employee cannot satisfactorily perform his/her job, the Department will consider reasonable accommodation for the employee under the applicable regulations.