ARTICLE 17 - Equal Employment Opportunity

SECTION 1. Management and the Union agree to cooperate in providing equal opportunity for all qualified persons and to prohibit discrimination because of race, color, creed, national origin, sex, sexual orientation, handicapping condition, martial status, age, military veteran’s preference, and religious or political affiliation except as provided by federal law and government-wide regulations.  They further agree to promote the full realization of equal employment opportunity in accordance with applicable laws and government-wide regulations.

SECTION 2. The parties recognize and agree to follow the requirements imposed upon the agency by the Equal Opportunity Act of 1972.  The parties further agree to recognize and follow the requirements of Departmental Administrative Order 215-11, as required by Executive Order 11478, as amended by Executive Order 13087.

SECTION 3.

 A. A unit employee who believes that he or she may be the victim of prohibited discrimination may file a formal EEO complaint with the agency or may file a grievance, but not both.  The employee shall not be deemed to have selected the EEO complaint route merely because he or she has discussed the matter with an EEO counselor, but shall be deemed to have selected the EEO complaint route at the time he or she files a formal discrimination complaint.  Any employee who has filed an equal employment opportunity complaint or a grievance which alleges discrimination shall be free from coercion, interference, or reprisal.

B. Any meeting requested by or initiated by the DOC Office of Civil Rights, or NOAA Office of Personnel and Civil Rights does not meet the definition of a formal meeting as defined in this Agreement.  Management is not obligated to notify the union.  However, the employee may elect to be accompanied by a representative which may be the union.

SECTION 4. The names, addresses, and phone numbers of EEO counselors who are authorized to accept informal EEO complaints from unit employees will be posted.  Such a list will be kept current.

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