Equal Employment Opportunity is the fair treatment of all people in employment, promotion, training, and other personnel actions regardless of race, color, religion, national origin, gender, sex (including gender discrimination, sexual harassment, sexual orientation), age, or disability (physical or mental). To ensure all employees and applicants are provided this opportunity, specific laws and regulations containing the legal basis for EEO programs in the BIA were issued. If discrimination has been found in your workplace, EEO can provide a means to find a suitable remedy for those who may have been harmed.
Frequently asked questions
FAQ's
It is a claim of discrimination alleged on behalf of race, color, religion, national origin, gender, sex (including gender discrimination, sexual harassment, sexual orientation), age, disability (physical or mental), or retaliation (when based on previous participation in the EEO process). The complaint may arise from a specific management action, such as employment, promotion, work assignment, selection for training, disciplinary action, or separation. It may also relate to prevailing conditions in an organization that make an employee uncomfortable or cause them to feel undue harassment.
An important part of the initial interview and possible follow-up interviews with the EEO Counselor is ensuring that each discriminatory event or claim contains the key elements necessary for the EEO Counselor to frame it.
For each event/claim, key elements include the specific discriminatory act or event that occurred, the associated EEO basis of discrimination, the employee or management official(s) responsible for the discriminatory act, and significant dates associated with the event. You will also be asked to provide remedies that would restore you to the same position (or nearly the same) you would have been in if the discrimination had never occurred. Coming to the interview well-prepared with this information will result in a more productive interview that will equip the EEO Counselor with the information necessary to assist you with the EEO process more effectively.
An aggrieved applicant, employee, or former employee of the BIA/BIE/BTFA may file a complaint of discrimination. The aggrieved individual can be represented at all process stages through a union representative or a legal advisor.
If you feel that you have been discriminated against, it may be helpful to speak with your supervisor, administrative officer, or personnel representative to determine the structure of their actions. If you wish to utilize the EEO complaint process, it is important to bring the matter to the attention of an EEO Counselor within 45 calendar days of the occurrence of the alleged discriminatory act (or within 45 days of the date on which you discovered the action occurred).
The EEO Counselor will listen to your concerns and inform you of your rights and responsibilities under the EEO complaint process. You may also be offered the opportunity to use a mediator from The Office of Collaborative Action and Dispute Resolution (CADR), the BIA’s alternative dispute resolution process. The EEO Counselor will ask you specific questions and make inquiry into the matter, with your permission, by discussing the problem with your supervisor, associates, or personnel representative. The EEO Counselor will attempt to resolve the issue informally while communicating with you the steps and actions required for the process.
The EEO Counselor cannot advise on whether you have a "good case" or what action to take regarding an issue. This is because EEO Counselors represent the EEO process and are required to always remain neutral. This also means that an EEO Counselor does not side with or represent management or the Agency. What the EEO Counselor can do is provide information about your options and answer general questions you may have about the EEO process to assist you in making an informed decision.
If you need guidance or expert advice on the EEO process, you have the right to retain an attorney or representation at any time during the process (see Rights and Responsibilities for specific details and ask your EEO Counselor if you have further questions).
After your first contact with the BIA OEOCRP, an EEO Counselor will contact you for an initial interview to gather details regarding your complaint. During this interview, the EEO Counselor will explain your rights and responsibilities throughout the process, gather details regarding your claims and desired remedies, and answer general questions regarding the EEO process.
As a federal employee, you are obligated to cooperate in the EEO process. Remember that the EEO Counselor is a neutral party. He or she is there to assist you and the aggrieved person to resolve the issues. Working with the EEO Counselor openly and forthrightly can facilitate an early and favorable resolution for both parties. It can be a win-win situation.
After your first contact with the BIA OEOCRP, an EEO Counselor will contact you for an initial interview to gather details regarding your complaint. During this interview, the EEO Counselor will explain your rights and responsibilities throughout the process, gather details regarding your claims and desired remedies, and answer general questions regarding the EEO process.
What Happens if I am Named in an EEO Complaint?
If you are named as the Responsible Management Official (RMO) in an EEO Complaint, you may be contacted one or more times at certain points during the EEO process. The EEO process is divided into two stages: Informal (also known as Pre-Complaint) and Formal, and it is helpful to know what to expect for each of these.
Informal Complaints
The informal stage occurs when an employee or applicant first brings a complaint to the EEO Counselor. After the EEO Counselor meets with the complainant to learn of the allegations, the EEO Counselor will meet with the RMO to explain the complainant's allegations, gather information, and see if resolution is possible. Sometimes, the complainant may elect alternative dispute resolution instead of counseling, where you may be asked to participate in a mediation session.
Formal Complaints
If no formal resolution is achieved during the informal stage of the EEO process, an employee or applicant has the right to file a formal complaint. If a formal complaint is filed, each claim will be reviewed for acceptance or dismissal based on regulatory bases for dismissal at 29 CFR §1614, and an investigation will ensue for any accepted claims.
After the investigation, the complainant will receive a copy of the Report of Investigation. In most cases, the complainant can elect either a hearing before an Equal Employment Opportunity Commission (EEOC) Administrative Judge or a written Final Agency Decision (FAD).
If the complainant chooses a hearing, you will be considered a witness in the case and may be called to provide information or respond to further questions under oath. If the complainant chooses an FAD, the RMO will most likely not be contacted for further information regarding the complaint.
