U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION …

1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EQUAL EMPLOYMENT OPPORTUNITY MANAGEMENT DIRECTIVE FOR 29 PART 1614 (EEO-MD-110), AS REVISED, AUGUST 5, 2015 August, 2015 EEO MD-110 Management Directive ii August, 2015 EEO MD-110 Management Directive iii EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EQUAL EMPLOYMENT OPPORTUNITY MANAGEMENT DIRECTIVE EEO MD-110 EFFECTIVE DATE: August, 5, 2015 TO THE HEADS OF FEDERAL AGENCIES 1. SUJECT. FEDERAL SECTOR COMPLAINTS PROCESSING MANUAL 2. PURPOSE. The purpose of this Directive is to provide federal agencies with COMMISSION policies, procedures, and guidance relating to the processing of EMPLOYMENT discrimination complaints governed by the COMMISSION s regulations in 29 Part 1614. Federal agencies covered by 29 Part 1614 are responsible for developing and implementing their own EQUAL EMPLOYMENT programs, including alternative dispute resolution programs, and complaint processing procedures consistent with the COMMISSION s regulations .

2 It is the COMMISSION s responsibility to direct and further the implementation of the policy of the government of the United States to provide EQUAL OPPORTUNITY in federal EMPLOYMENT and to prohibit discrimination in EMPLOYMENT because of race, color, religion, sex, national origin, age, disability, genetic information, or retaliation. Pursuant to its obligations and statutory authority, the COMMISSION issues such rules, regulations , orders, and instructions including management directives, as it deems necessary and appropriate to carry out its responsibilities to communicate federal EQUAL EMPLOYMENT OPPORTUNITY management policy, requirements, guidance and information to federal agencies. The COMMISSION s instructions are directive in nature, and heads of federal agencies are responsible for prompt and effective compliance with COMMISSION Management Directives and Bulletins.

3 This complaint processing manual will ensure that agency personnel responsible for complaints processing are in possession of all current COMMISSION guidance materials so that the COMMISSION s policies, procedures, and regulations are consistently and uniformly applied government-wide. The manual consists of several chapters with subject headings identified in the table of contents. Some chapters are issued in connection with specific sections of the regulations . Other chapters include guidance and direction on topics, which we know from our experience processing complaints under previous regulations , are needed and are applicable to Part 1614. This manual will be supplemented by new and revised materials, as they are issued. The COMMISSION s objective is for this manual to August, 2015 EEO MD-110 Management Directive iv assist federal agency personnel in administering the discrimination complaint process.

4 3. SUPERSESSION. This directive supercedes EEO MD-110 issued November 9, 1999, and Management Bulletin MB-100-1, issued October 24, 2003. 4. AUTHORITY. This Directive is issued pursuant to EEOC s obligations and authority under section 717 of Title VII of the Civil Rights Act of 1964, as amended, 42 2000e-16; section 501 and 505 of the Rehabilitation Act of 1973, as amended, 29 791 and 794a; section 15 of the Age Discrimination in EMPLOYMENT Act of 1967, as amended, 29 633a; section 6(d) of the Fair Labor Standards Act of 1938, as amended (the EQUAL Pay Act), 29 206(d); section 211 of the Genetic Information Nondiscrimination Act of 2008, 42 2000ff10; Reorganization Plan No. 1, 3 321(1078) and Executive Order 11478, 3 803 (1966-1970 Compilation) reprinted in 42 2000e note, issued in 1969 and 12106, 44 Fed.

5 Reg. 1053 (1979). 5. POLICY INTENT. The policy objective of this Directive is to ensure that federal personnel responsible for processing EMPLOYMENT discrimination complaints do so consistently and in accordance with the COMMISSION s regulations set out at 29 Part 1614, and with the guidance, policies and procedures contained in this Directive and in the attached manual. 6. APPLICABILITY AND SCOPE. The provisions of this Directive apply to all federal agencies covered by 29 Part 1614. 7. RESPONSIBILITIES. Heads of federal agencies are responsible for ensuring that EMPLOYMENT discrimination complaints are processed fairly, promptly, and in strict accordance with the complaint processing procedures set out in 29 Part 1614 and with the guidance incorporated in paragraph eight of this Directive.

6 Since the COMMISSION s guidance is binding in nature, federal agencies are required to comply with it. 8. POLICIES AND PROCEDURES. The COMMISSION s specific policies, procedures and guidance related to the processing of federal sector EMPLOYMENT discrimination are contained in this Complaints Processing Manual. All statements of guidance that the COMMISSION approves become COMMISSION guidance. Care has been taken to delineate any agency action that is suggested August, 2015 EEO MD-110 Management Directive v rather than required by COMMISSION policy. All time frames stated here are in calendar days. 9. INQUIRIES. Unless otherwise specifically noted in the manual, further information concerning this Directive or guidance contained in the attached manual may be obtained by contacting: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations Federal Sector Programs 131 M.

7 Street, Washington, DC 20507 Telephone: (202) 663-4599 _August 5, 2015_____ ___s/Jenny R. YangDate Jenny R. Yang __ Chair Management Directive MD-110 _____ August, 2015 EEO MD-110 Management Directive vi PREAMBLE I. HISTORICAL AUTHORITY .. P-i II. THE L ATE 1970s-1980 .. P-iv III. THE 1990s TO THE P RESENT .. P-v CHAPTER 1 .. 1- 1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND AGENCY AUTHORITY AND RESPONSIBILITY .. 1- 1 I. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION .. 1- 1 II. FEDERAL AGENCY .. 1- 2 III. EEO DIRECTOR S INDEPENDENT AUTHORITY AND REPORTING 1- 4 A. Federal Agencies Must Appoint an EEO Director Who Shall Be Responsible for - See 29 (c): .. 1- 4 B. The EEO Director Must Report Directly to the Agency Head .. 1- 4 IV. AVOIDING CONFLICTS OF 1- 5 A.

8 Separation of EEO Complaint Program from the Agency s Personnel Function .. 1- 6 B. Complaints That Present Potential Conflicts of Interest .. 1- 7 C. Agencies Must Avoid Conflicts of Interest in Processing Complaints .. 1- 8 D. Separation of EEO Complaint Program from Agency s Defensive Function .. 1- 9 V. DELEGATION OF AUTHORITY TO RESOLVE disputes .. 1- 10 VI. EEO OFFICIALS CANNOT SERVE AS REPRESENTATIVES .. 1- 10 EMPHASIS PROGRAM .. 1- 10 STATISTICAL REPORTING REQUIREMENTS FOR THE COMPLAINT PROCESS .. 1- 10 A. Annual Federal EQUAL EMPLOYMENT OPPORTUNITY Statistical Report of Discrimination Complaints .. 1- 11 B. Quarterly and Fiscal Year EEO Complaint Statistics Required by Title III of the No FEAR Act .. 1- 11 C. Annual Report to Congress, the COMMISSION , and the Attorney General Required by Title II of the No FEAR Act.

9 1- 11 IX. PROGRAM REVIEW PROCEDURES FOR COMPLIANCE .. 1- 12 A. Notice to Agency of Non-Compliance .. 1- 12 B. Written Notice to Head of Federal Agency .. 1- 13 C. Public Notification of Non-Compliance .. 1- 13 X. PILOT PROJECTS .. 1- 14 A. Request for Pilot 1- 14 B. Process for Submitting, Reviewing, and Approving Pilot Projects .. 1- 15 CHAPTER 2 .. 2- 1 EQUAL EMPLOYMENT OPPORTUNITY PRE-COMPLAINT PROCESSING .. 2- 1 I. 2- 1 A. Counseling Generally .. 2- 1 August, 2015 EEO MD-110 Management Directive vii B. Full-Time EEO Counselors .. 2- 2 C. EEO Counselor Training Requirements .. 2- 2 D. EEO Counseling and Investigations .. 2- 2 E. EEO Counseling and EEO ADR .. 2- 3 II. MANDATORY EEO COUNSELOR TRAINING REQUIREMENTS .. 2- 3 A. Minimum Requirements .. 2- 3 B.

10 Minimum Standards for Thirty-Two Hour Training Course .. 2- 4 C. Standards for Continuing Training Requirements .. 2- 5 III. THE ROLES AND RESPONSIBILITIES OF AN EEO COUNSELOR .. 2- 5 IV. INITIAL INTERVIEW SESSION .. 2- 7 A. Provide Required Written Notice .. 2- 7 B. Provide Information on Other Procedures as Required .. 2- 7 C. Explain Statutes and regulations .. 2- 8 V. THE LIMITED 2- 12 A. Determining the Claim(s) .. 2- 12 B. Determining the Basis(es) .. 2- 13 C. When the Basis(es) Is Not Covered by the EEO Laws .. 2- 13 VI. resolution .. 2- 14 A. Extension of Counseling for resolution 2- 14 B. resolution of the Dispute .. 2- 14 C. Failure to Resolve the Dispute .. 2- 15 EEO ADR PROGRAM .. 2- 15 A. The Choice of EEO Counseling or EEO ADR .. 2- 15 B. Role of the EEO Counselor during EEO ADR Process.