part30-9

Employees who feel they have been discriminated against on the basis
of national origin, age, religion, gender, race, color, disability, sexual
orientation, genetic information, parental status or reprisal for prior EEO
activity should contact the Chief Counsel EEO Office as soon as possible.

Initial Contact. Employees are responsible for
contacting the EEO Office within 45 days of the incident giving rise to the
allegation of discrimination. If an ongoing pattern of discrimination is alleged,
an employee is still required to contact the EEO Office within 45 days of
the most recent instance. Both an issue and a basis (race, color, religion,
age, gender, national origin, disability, sexual orientation, genetic information,
marital, or parental status) must be identified by the employee, as well as
a showing of harm. EEO Counselors will provide a complete discussion of an
employee’s rights and responsibilities in the initial interview with
the employee.

Election of Process. An employee may elect the
EEO process, using either a counselor or mediator, to attempt a resolution
of the issues raised. The unique aspects of each process will be explained
during the employee’s initial contact with the EEO Office. An employee
who is a member of a bargaining unit may elect to file a grievance. However,
the same issue cannot be raised in more than one forum. An employee must make
an election of process between the EEO process or union grievance.

Counseling. An EEO Counselor will be assigned
by the EEO Office to conduct an informal inquiry into the allegation and to
attempt a resolution of the conflict. The Counselor is not an advocate for
either the employee or the manager, but an independent and objective person
trained in facilitating resolution. The primary purpose of the counseling
stage of the discrimination complaint process is to clearly define the issues
and basis and to facilitate a resumption of constructive work relationships.

Mediation. An employee will be offered the option
to work with a mediator if the head of the EEO office determines that mediation
may work well with the circumstances of the case. Mediation is a voluntary
process. Both the aggrieved employee and the appropriate manager must agree
to participate. A mediator will facilitate discussion to encourage resolution
between the parties. A mediator does not make a finding or impose a resolution
of the parties involved. A written record will only be created if the two
parties come to an agreement.

If an allegation is not resolved to the satisfaction of the employee
within 30 to 90 days, either through counseling or mediation, a formal complaint
of discrimination can be filed with the Treasury Complaint Mega Center.

If the complaint is accepted, an investigator will be assigned by the
Treasury Complaint Mega Center to develop a complete factual record with sufficient
information to make a final decision on the allegation.

An aggrieved person or an agent for a class may be accompanied by a
representative of their choosing, at each stage of the complaint and counseling
procedure.

The Office of Chief Counsel will not recognize that the aggrieved person
or class agent is represented, nor will attorney fees and costs be considered
unless and until a Form TD F 62.03.2, Designation of Representative and Limited
Power of Attorney, http://publish.no.irs.gov/getpdf.cgi?catnum=64992,
is completed.

Where an employee of the Office of Chief Counsel serves as the representative,
the complainant and the representative, if otherwise in official duty status,
will be permitted a reasonable amount of official time to present the complaint
during the informal and formal stages.

Any witnesses, including persons who have been identified as possibly
being directly responsible for the action or matter complained of, have a
right to representation. Representatives do not have the right to examine
and cross examine witnesses.

Managers are encouraged to contact the Chief Counsel EEO Office for
assistance in evaluating requests for reasonable accommodation. Each situation
is evaluated individually based on the nature of the disability and the essential
elements of the job.

Employees who have a disability when they are initially hired and those
who develop a disability during the course of their employment are both covered
by the provisions of the Rehabilitation Act. Generally, it is incumbent upon
the person in need of an accommodation to make the agency or manager aware
of the nature of the disability and the extent of accommodation required.

The first step in reaching an accommodation is to determine if the employee/applicant
is covered by the Rehabilitation Act. An individual with a disability is defined
as a person with a physical or mental impairment that substantially limits
a major life function, or has a record of such impairment, or is regarded
as having such impairment. Each case is handled individually, taking into
account the severity and duration of the disability, and the impact the impairment
has on the individual’s ability to perform the essential functions of
the job.

The next step in reaching an accommodation is to specifically define
the essential functions of the job, focusing on the tasks to be accomplished
rather than on the method to be used. A person with a disability is considered
qualified for a position if they can perform the essential
functions of the job with or without an accommodation.

The final step in reaching an accommodation is determining what accommodation
is required and if that accommodation is reasonable. This may or may not be
the accommodation of the employee’s choice. A reasonable accommodation
is effective, reliable, easy to use, and readily available for the employee
needing the accommodation. It directly addresses the work place barriers related
to an employee’s disability.

Managers are not required to provide accommodations that are primarily
for the convenience or personal use (such as eyeglasses or hearing aids) of
the employee. An employer is also not required to provide an accommodation
that would cause an undue hardship.

All federal facilities, whether they are owned or leased, must be accessible
to all employees. Facility modifications to accommodate disabled employees
should be coordinated with your local Facilities Management Office of Agency-Wide
Shared Services (AWSS).

Accessibility also means that disabled employees have the right to equally
participate in all agency functions and activities.

It is also the manager’s responsibility to ensure each employee
(including employees with physical disabilities) have a safe way to exit from
the building in the case of emergency.

Sexual harassment can occur without any touching. Such circumstances
are unwelcome sexual advances or behavior which is personally offensive, debilitates
morale, or interferes with employee work effectiveness. Sexual harassment
may include actions such as:

Sexual harassment can occur between peers and/or co-workers as well
as between supervisors and subordinates.

Employees who participate in actions such as, but not limited to those
enumerated in CCDM 30.4.4.4(5), may be engaging in sexual harassment which
may create a hostile or offensive work environment.

Sexual harassment may occur when a supervisor offers or threatens to
use the power of their office or position to control, influence, or affect
the career, salary, or job of another employee (or prospective employee) in
exchange for sexual favors.

Individuals who believe they are experiencing sexual harassment from
co-workers or supervisors should make it clear that such behavior is offensive
to them.

Individuals who believe they are experiencing sexual harassment from
co-workers should bring the matter to the attention of the appropriate supervisor,
or the EEO Office, so that corrective action can be taken.

Complaints of sexual harassment by a supervisor should be made to a
higher-level supervisor, to anyone authorized to deal with discrimination
complaints (e.g., EEO Office), or to an appropriate personnel official.

Supervisory personnel involved in sexual harassment are subject to discipline.