Complaints of Discrimination

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Wyoming State Office
P.O. Box 1828
IN REPLY REFER TO: Cheyenne, Wyoming 82009-1828
1400-713 (910a)P
January 28, 2009
EMS Transmission: February 4, 2009
Instruction Memorandum No. WY-2009-015
Expires 09/30/2010
To: All Employees
From: State Director
Subject: Complaints of Discrimination
The Bureau of Land Management (BLM) is committed to providing a work environment free of
discrimination. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination
based on race, color, national origin, religion, and sex. It also prohibits reprisal or retaliation for
participating in the discrimination complaint process or for opposing any employment practice
that the individual reasonably and in good faith believes violates Title VII.
The Age Discrimination in Employment Act of 1967, as amended (ADEA) prohibits
discrimination in employment on the basis of age (40 years or older). It also prohibits retaliation
against individuals exercising their rights under the statute. Unlike Title VII and the
Rehabilitation Act, the ADEA allows persons claiming age discrimination to go directly to court
without going through the Agency's administrative complaint procedures. If, however, a
complainant chooses to file an administrative complaint, they must exhaust administrative
remedies before proceeding to court.
The Rehabilitation Act of 1973, as amended, prohibits discrimination on the basis of mental and
physical disabilities, as well as retaliation for exercising rights under the Act. The Rehabilitation
Act requires that agencies make reasonable accommodations to the known physical or mental
limitations of a qualified applicant or employee with a disability unless the agency can
demonstrate that the accommodations would impose an undue hardship on the operation of its
program.
The Fair Labor Standards Act of 1938, as amended (Equal Pay Act of 1963) (EPA), prohibits
sex-based wage discrimination. It prohibits federal agencies from paying employees of one sex
lower wages than those of the opposite sex for performing substantially equal work.
Substantially equal work means that the jobs require equal skills, effort, and responsibility, and
that the jobs are performed under similar working conditions. Sex-based claims of wage
discrimination may also be raised under Title VII; individuals so aggrieved may claim violations
of both statutes simultaneously. An EPA complaint may go directly to a court of competent
jurisdiction on the EPA claim. It also prohibits retaliation for exercising rights under the Act.
Federal agencies are barred from discriminating on the basis of sexual orientation under
Executive Order 11478, as amended by Executive Order 13087 (May 28, 1998), and individuals
alleging discrimination on this basis should consult with the EEO Office to determine how to
process such claims.
Title 29 Code of Federal Regulation (CFR) Part 1614, Federal Sector Equal Employment
Opportunity Commission (EEOC) addresses the processing of Complaints of Discrimination.
The EEO Complaint Process is designed for use solely by government employees and Federal
job applicants who believe they have experienced discrimination due to race, color, national
origin, religion, sex, age, or disability. A person who files a complaint or participates in an
investigation of an EEO complaint, or who opposes an employment practice made illegal under
any of the statutes enforced by Equal Employment Opportunity Commission (EEOC), is
protected from retaliation.
Aggrieved persons who believe that they have been discriminated against must initiate contact
with an EEO Counselor or other agency official logically connected with the EEO process and
exhibit an intent to begin the EEO process, within 45 days of the date of the matter alleged to be
discriminatory or in the case of a personnel action within 45 days of the effective date of the
action, prior to filing a formal complaint of discrimination. The agency or the Equal Employment
Opportunity Commission (EEOC) shall extend the 45-day time limit when the individual shows
that he or she was not notified of the time limits and was not otherwise aware of them, that he or
she did not know and reasonably should not have known that the discriminatory matter or
personnel action occurred, that despite due diligence he or she was prevented by circumstances
beyond his or her control from contacting the counselor within the time limits, or for other
reasons considered sufficient by the agency or the EEOC.
This pre-complaint processing more commonly known as the Informal EEO Counseling Process
must be utilized in order to informally attempt to resolve the matter. Posters containing the
names, business telephone numbers, and locations of EEO Counselors are posted prominently
and conspicuously in the State Office and Field Offices. The poster used currently is posted on
various bulletin boards, in break rooms and out-buildings.
Effective October 1, 1999, the BLM implemented a policy that offers Alternative Dispute
Resolution (ADR) (mediation) as an option for processing informal and formal complaints of
discrimination. It is anticipated the changes will have a positive benefit on the discrimination
complaint process. Among those are a reduction in the number of formal complaints filed and the
time it takes to process such complaints. The ADR process will also encourage better
communication between employees and supervisors, contribute to the development of conflict
resolution skills by all BLM employees and supervisors, and facilitate a healthier organization.
The use of ADR in the discrimination complaint process does not hinder or diminish the rights of
employees under Title 29 CFR Part 1614.
At the initial counseling session or as soon as possible thereafter, the EEO Counselor must
provide all aggrieved persons written notice of their rights and responsibilities under the EEO
complaint process, including the option to elect ADR. If attempts to resolve the dispute through
EEO Counseling or ADR fail to resolve the dispute, the EEO Counselor will advise the person of
their right to file a formal discrimination complaint.
This IM is not all inclusive. Inquiries regarding laws covered, the informal complaint process,
ADR, or the filing of formal complaints of discrimination may be made with the EEO Office.
Signed by: Authenticated by:
Donald A. Simpson Pamela D. Hernandez
State Director Wyoming Central Files
Distribution
Director (720), Rm. 1120 20th Street 1
CF 2