Your Union And EEO

Q: What are my EEO rights and protections?

A: Your rights and protections include:

Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race, color, religion, sex, or national origin;

The Equal Pay Act of 1963, which protects men and women who perform substantially equal work in the same establishment from sex-based discrimination;

The Age Discrimination in Employment Act of 1967, which protects individuals who are 40 years of age or older;

Title I and Title V of the Americans with Disabilities Act of 1990, which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and

The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. They also provide oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.



Q:  If I have an EEO complaint, how can the Union help me?

A:  Fortunately, with a union you have the ability to have union representation during the formal EEO process. You also have the choice of union representation in a grievance.  You cannot file both, you must chose between the two – the union can help you choose which one is best for you.

Q: What is the procedure for filing an EEO complaint?

A: Filing a complaint can be a complicated process, but it is one in which your steward can assist you. In short, NOAA must make available, in writing, to all employees, the administrative and judicial remedial procedures available to them.  These procedures may involve counseling and alternative dispute proceedings and NOAA is required to conduct an impartial and appropriate investigation for any discrimination complaint.  One thing to be aware of is that time limits apply to both the time in which you can file a complaint and for NOAA to investigate.

Q:  What is the grievance procedure?

A:  The grievance procedure is spelled out in the Interim Agreement between IFPTE Local 8A HAZMAT and NOAA and explains how any conflict between employees and the management are to be resolved. Basically, it works as follows: Let's say you've been harassed and you feel the work environment is hostile. You talk with your managers but they refuse to do anything about it. You then go to your union steward to get help. The steward sits down with you and management and tries to resolve the issue. If it can't be resolved to everyone's satisfaction, the steward will appeal to upper management. If this step fails, the union could bring in a neutral arbitrator who will issue a final decision on the matter.

Q:  My manager tells me that HR wants to talk to me and I think it’s about a sexual harassment complaint.  How can the union help me?

A:  If an EEO complaint has been made, management is obligated to interview the potential victim and harasser and any co-workers who may have observed the allegation. You are under no obligation to give answers to questions that might be used as evidence leading to discipline or discharge. If you are summoned to such a meeting and believe discipline action may result, you have a right to be accompanied by a Steward.  However, you must REQUEST representation by a Steward.  Management has no obligation to advise you of this right.

Q:  What happens if there is an EEO complaint between two people in the same union?

A:  If this were to happen, then each individual would be provided with separate union representation or legal council.

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