WEST CHESTER AMERICAN POSTAL WORKERS UNION

WEST CHESTER, PA 19380

What You Need to Know About EEO

Laws and EEOC Regulations Title VII of the Civil Rights Act of 1964, as amended Title VII  prohibits discrimination based on race, color, religion, sex, or national origin. It also prohibits reprisal or retaliation for participating in the discrimi-nation complaint process or for opposing any unlawful employment practice under Title VII.

Age Discrimination in Employment Act of 1967 (ADEA), as amended

The ADEA prohibits discrimination in employment on the basis of age (40 years or older).

Rehabilitation Act of 1973, as amended

The Rehabilitation Act prohibits discrimination on the basis of mental and physical disability. It requires agencies to reasonably accommodate the known physical or mental limitations of qualified employees or applicants with disabilities.

Equal Pay Act of 1963 (EPA)

The EPA prohibits sex-based wage discrimination. It prohibits agencies from paying employees of one sex lower wages than those of the opposite sex for performing substantially equal work under similar working conditions.

Title 29 Code of Federal Regulations Part 1614 (29 CFR 1614)

29 CFR 1614 contains the regulations governing the processing of federal sector discrimination complaints.

Introduction

This booklet will give you an overview of the Equal Employment Opportunity (EEO) complaints process in the Postal Service. It will explain your rights and responsibilities. Please read it carefully.
Note that although this booklet contains some very important information, it is not intended to include all of the discrimination complaint laws or EEO regulations. For further information contact your EEO Complaint Processing Office.

 What You Need to Know About EEO

Precomplaint Process

As a postal employee or applicant for postal employment, if you believe you have been discriminated against because of your race, color, religion, sex, age, national origin, or physical or mental disability, or in retaliation, you must participate in the precomplaint processing stage before filing a formal complaint.

Initiating the Process in a Timely Manner

To begin the precomplaint process, you must contact the EEO complaints processing office with 45 calendar days of the incident you believe to be discriminatory, or in the case of a personnel action, within 45 calendar days of the effective date of the action.
 

• Most employees or applicants initiate counseling by contacting the EEO complaints processing office located in their district.
• Employees or applicants for Headquarters, Headquarters field units, the Postal Inspection Service, and any of the area offices should contact the ad hoc EEO counselor assigned to their area. If there is no locally assigned counselor, these individuals should address their request for counseling to:

Representative

You are entitled to a representative of your choosing at any stage of the complaint process, including the counseling stage.

Providing Information

In most instances, the EEO complaints processing office will advise you to complete Form 2564-A, Information for Precomplaint Counseling, and return it to the processing office within 10 calendar days.

The EEO counselor will use the information to look into the matter informally and to attempt to resolve your concerns.
 

• If you fail to return the form within 10 calendar days from receiving it, the precomplaint process may be concluded because the counselor does not have sufficient information to process your counseling request.

You may request to remain anonymous during the precomplaint process, and the EEO office will honor your request.

Participating in Counseling

EEO counseling inquiries are conducted informally and do not involve either extensive documentation or written testimony.  Sometimes counseling is conducted in person. At other times, counseling sessions may be conducted by mail or by telephone.  The counselor will make necessary inquiries of Postal Service employees and supervisors, and obtain access to relevant Postal Service regulations and documents that will assist him or her in understanding the issues and in resolving the matter.  The counselor will remind parties that what is said during discussions of settlement alternatives is confidential.  During the counseling process, the counselor will not reveal to you the identity of those individuals to whom you have been compared, even if the comparison was made at your request.
 

• If the matter is not resolved within 30 calendar days from the date on which you first seek EEO counseling, the counselor may ask you to agree to extend the counseling period. This extension cannot be longer than 60 days, and your agreement must be in writing.
• If the matter is not resolved at the conclusion of the counseling period, including the extended period if you have agreed to it, the counselor will conduct a final interview and issue you a notice of right to file a formal complaint. The notice may be issued in person or by certified mail.

When the facility or unit has an alternative dispute resolution procedure, and you agree in writing to participate in the procedure, the precomplaint processing period will be 90 calendar days, rather than 30 days, absent extension, in the normal process.

During this period, you and the management representative may jointly or separately participate in voluntary resolution efforts. (An example of such a process would be mediation, a voluntary joint resolution and collaborative problem-solving process facilitated by an impartial party.)
 

• If the matter is not resolved within 90 calendar days, the counselor will issue you a notice of right to file a formal complaint.

Losing Your Right to Anonymity

If you decide to file a formal complaint, your identity will not be kept confidential during the formal complaint process. When a complaint reaches the formal stage, the complaint file may be opened to those who are involved and need access to it.

Filing Formally in a Timely Manner

To file a formal complaint, you must put your complaint in writing and sign it. Your attorney, if you are represented by one, may sign it instead. If you are to be represented by someone who is not an attorney, you must sign the complaint yourself and designate who your representative is in writing.  Equal Employment Opportunity Commission (EEOC) regula-tions require that EEO complaints against the Postal Service must be filed with the Postal Service. You should file your complaint with the district EEO complaints processing office. If you work or are applying for work at Headquarters, a Headquarters field unit, an area office, or for the Inspection Service, file it with EEO Complaint

Processing at Headquarters.
 

• You may mail your complaint or deliver it in person to the processing office, where you can have it date-stamped.  To be timely, it must be delivered in person or postmarked no later than 15 calendar days after you receive Form 2578-A, Notice of Right to File.

Do not mail your complaint in a penalty envelope printed with the official mail emblem to avoid payment of postage. If you do, you may be subjected to a $300 fine.

Change of Address

If you change your mailing address, be sure to notify the processing office where you filed the complaint. If you fail to keep the complaints processing office advised of your current address, your complaint may be dismissed.

Receiving Acknowledgment and Acceptance of the Complaint

You will receive a letter acknowledging that the Postal Service has received your complaint and informing you whether the complaint has been accepted for investigation. If your com-plaint is not accepted, you will receive a letter explaining why your complaint was dismissed and outlining your appeal rights should you disagree with the dismissal. (See “Appealing the Decision or Filing a Civil Action.”)

Waiting for Investigation of the Complaint

If your complaint is accepted, it will be assigned to an EEO investigator. The EEO investigator will collect factual informa-tion concerning the issues and prepare a report. He or she will not take the side of any of the parties. The investigative report will not contain the investigator’s opinion on the merits of the case or his or her conclusion on a claim of discrimination.  The investigator will complete the investigation within 180 calendar days of the date of filing of the complaint, unless you and the Postal Service voluntarily agree in writing to extend the time period up to an additional 90 calendar days.

Cooperating

The investigator will take testimony from relevant persons either in affidavit form under oath or affirmation or by written declaration that the statement is being made under penalty of perjury. Providing information that is requested is mandatory -both for you and for postal employee witnesses. If you do not provide requested information, the complaint may be dis-missed.  Your representative may assist in drafting the lan-guage for your affidavit, but only you can sign it.

Filing Both a Complaint and a Grievance

If you file an EEO complaint and a grievance covering the same matter, processing of the EEO complaint may be deferred until the grievance procedure is terminated. If your case is deferred, you will be notified in writing.

Requesting Final Postal Service Decision Or Requesting EEOC Hearing Before Final Postal Service Decision

When the report of investigation has been completed, you will receive a copy of the investigative file. Within 30 calendar days of the date you receive the report, you have the right to request either a hearing before the EEOC or a final Postal Service decision without a hearing.
 

• If you do not request a hearing - either by choosing to request a final Postal Service decision or by simply not making a request for a hearing within the 30 days - the Postal Service will issue a final decision.
• If you request a hearing in a timely manner, the Postal Service will forward the complaint file to the EEOC and request the appointment of an administrative judge to conduct a hearing before the final Postal Service decision is made.

Appealing the Decision Or Filing a Civil Action

You have the right to appeal the final Postal Service decision or to file a civil action.

• If you decide to appeal the final Postal Service decision before the Office of Federal Operations (OFO) of the EEOC, you have 30 calendar days from the date you receive the decision. If your representative is an attorney, the 30 calendar days begin when the attorney receives the final Postal Service decision.  Appeals to the OFO should be submitted on EEOC Form 573, Notice of Appeal/Petition to the Equal Employment Opportunity Commission.

• If you decide instead to file a civil action in the appropriate U.S. district court, you have 90 calendar days from the date of receipt of the final Postal Service decision.

• At any time after 180 days from the date of filing the formal complaint if no Postal Service decision has been issued and no appeal has been filed.
• Within 90 days of receiving the final EEO decision on an appeal.
• At any time after 180 days from the date of filing an appeal with the OFO if no EEOC decision has been issued.

Filing a Formal Complaint Or Filing a Civil Action

If you believe that you have been discriminated against on the basis of age (40 years or older), you have the right to file a formal complaint or to by-pass the administrative complaint processing procedures and file a civil action in a U.S. district court.
 

• If you file a formal complaint, you must exhaust your administrative remedies before going to civil court. (See “Appealing the Decision or Filing a Civil Action.”)
• If you decide to file a civil action, you must first provide the EEOC a written notice of intent to sue under the ADEA. You must file the notice to the EEOC within 180 calendar days of the date of the action you believe to be discriminatory.

Or deliver it in person to:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
OFFICE OF FEDERAL OPERATIONS
FEDERAL SECTOR PROGRAMS
1801 L STREET NW
WASHINGTON DC 20507-0002
Or fax it to:
(202) 663-7022

Equal Pay Act Cases

You may file an EPA wage discrimination lawsuit in civil court without filing a sex-based claim under Title VII with the Postal Service or the EEOC. You may also choose to file a sex-based claim of wage discrimination with the Postal Service under Title VII, the EPA, or concurrently under both laws.

Mixed EEO and MSPB Cases  Filing a Formal Complaint Or Appealing an Action to the MSPB

You may be entitled to appeal certain personnel actions to the Merit Systems Protection Board (MSPB) as well as to file a discrimination complaint. A discrimination complaint that may be appealed to the MSPB is called a “mixed case.”

Who Is Eligible to File a Mixed Case

All employees or former employees may file an appeal with the MSPB to challenge the Postal Service’s refusal to grant restoration to duty following:
 

• Recovery from a compensable work-related injury.
• Return from active duty for training in the armed forces of the United States.

• Suspension of more than 14 days.
• Reduction in grade and/or pay.
• Furlough of 30 days or less.
• Constructive discharge.
• Removal.

• If you decide to file a formal mixed case complaint with the EEO complaints processing office and your complaint is accepted, it will be assigned to an investigator.  After the investigation is completed, you will receive a copy of the investigative file and then a final Postal Service decision.
• You may appeal the final agency decision to the MSPB - but not the EEOC- within 30 calendar days of receiving the decision, or file a civil action in an appropriate U.S. district court within 30 calendar days of receiving it.
• If you decide to appeal to the MSPB, you may appeal the MSPB’s final decision to the EEOC in the matters that have to do with your claim of discrimination.

You may withdraw or settle a complaint at any stage of the process.

• If you desire to do so, you may seek the advice of an attorney or other qualified representative before you agree to settle or withdraw your EEO complaint.

If you decide to withdraw a complaint, submit your withdrawal in writing and sign it.

Settling a Complaint

Postal Service policy is to settle complaints informally through good faith negotiation and mutual agreement whenever possible and practicable.
 

• If you agree to settle a complaint based on one or more stipulations, these must be written down and agreed upon and signed both by you and by a management designee.

Accepting Full Relief

The EEOC regulations require that your complaint be dismissed if you do not accept an offer of full relief in settlement of your complaint within 30 calendar days of receiving the certified offer.  The term full relief means “that which is required to place you in the same situation or position you would have been in if discrimination had not occurred.”

Full relief may include cancellation of the personnel action, back pay with interest, compensatory damages, and reason-able attorney fees.

In some cases the Postal Service is willing to make an offer of full relief in order to settle the issues involved in the complaint.  An offer of full relief need not contain a finding or admission of discrimination, and you should not understand such an offer to be an admission of discrimination or wrongdoing on the part of any official of the Postal Service. You may not insist that an offer of full relief include punishing the person you believe to be the offender, nor may you require that the offer include a formal apology.

Remedies Not Available to You Under the Law

It is important for you to understand that if you are offered relief it may not be all the relief you requested. Certain types of remedies are not available in discrimination cases arising under the enforcement of the EEOC:
 

• Punitive damages (a monetary award to you as punishment of the person responsible for discrimination).
• Attorney’s fees incurred before you file a formal com-plaint or before you notify the Postal Service you are being represented by the attorney.
• Attorney’s fees if you file under the ADEA or EPA.
• Compensatory damages if you file under the ADEA or

Getting Advice

If you are not sure whether the Postal Service’s certified offer of full relief does in fact constitute full relief in your particular case, you should consult with an attorney or other person knowledge-able in federal employment discrimination law for advice.

Appealing the Dismissal Or Filing a Civil Action

If your complaint is dismissed by the Postal Service because you refuse to accept its certified offer of full relief, you have the right to appeal the decision to the EEOC or to file a civil action.
 

• If you decide to appeal the dismissal to the EEOC, you must do so within 30 calendar days of receiving the decision to dismiss your complaint. If the EEOC determines that the Postal Service’s offer did constitute full relief and upholds the Postal Service’s decision to dismiss the complaint, you will not be entitled to receive any relief in the administrative process. You will still have the right to file a civil action.
• If you decide to file a civil action in the appropriate U.S. district court, you must do so within 90 calendar days of receiving the Postal Service’s decision or within 90 calendar days of receiving the final decision on appeal.

If your EEO complaint successfully challenges the Postal Service’s decision not to hire you and you receive back pay, you must provide information concerning your efforts to secure other employment during the entire back pay period.  If you prevail in an EEO complaint involving separation or indefinite suspension, and you return to work for the Postal Service, you will not be required to furnish any information regarding your inability to secure other employment during the first 45-days of your separation or suspension. After that time period, however, deductions will be made from your back pay for:
 

• Salary you earned or could have earned through reasonable diligence during the period of separation or indefinite suspension.
• Salary you could not have earned during any period in which you were not ready, willing, and able to return to duty because you were sick or injured.
• Salary for any period during which you were unavailable  to return to duty for reasons that are not related to unlawful discrimination.