Equal Employee Opportunity Policy Statement

PIM 2024-007
Permanent Instruction Memorandum

Bureau of Land Management
Washington, DC 20240
United States

In Reply Refer To:

1400-735 (130) P

To:All Bureau of Land Management Employees
From:Deputy Director, Administration and Programs
Subject:Equal Employment Opportunity Policy Statement
Program Area: Civil Rights and Equal Employment Opportunity
Purpose:

This Permanent Instruction Memorandum (PIM) reissues the Bureau of Land Management’s (BLM) Equal Employment Opportunity (EEO) Policy Statement and will remain in effect until superseded or deleted.

Administrative or Mission Related:

Mission Related

Policy/Action:

The U.S. Department of the Interior, BLM, is committed to ensuring a workplace free of and from discrimination and harassment in all its activities, programs, and operations. Our goal is to foster a workplace that is equitable, provides equal opportunities for all, embraces diversity, and ensures all employees feel valued and included.

We have a responsibility to model the principles of diversity, equity, inclusion, and accessibility as we achieve our core mission to sustain the health, diversity, and productivity of public lands for the use and enjoyment of present and future generations. The strength and success of our organization’s performance rests on the capabilities and dedication of our talented employees. Discriminatory and harassing workplace behavior is not tolerated at the BLM. Such behavior weakens morale, undermines teamwork, and compromises performance goals and mission objectives.

All BLM employees and applicants for employment shall be given fair treatment and equal employment opportunity regardless of their race, color, religion, sex (including pregnancy, pregnancy accommodation, gender identity, and sexual orientation), national origin, age (40 years or older), disability, genetic information (including family medical history), and reprisal for protected EEO activity. These EEO protections extend to all personnel/employment programs, management practices, and decisions, including, but not limited to, recruitment, hiring, merit promotions, transfers, reassignments, training and career development, benefits, and separation. Consistent with these obligations, the BLM also provides reasonable accommodations to employees and applicants with disabilities and for sincerely held religious beliefs, observances, and practices. Further, the Pregnant Workers Fairness Act (PWFA) requires agencies to provide reasonable accommodations to employees’ known limitations related to pregnancy, childbirth, or related medical conditions unless such an accommodation would pose an undue hardship to the agency.

I reaffirm my commitment to EEO principles, and I am personally committed to promoting a workplace in which all employees have the freedom to compete on a fair and level playing field with equal opportunity for competition. Yet, each of us plays a valuable role in ensuring that our work environment is free from any form of discrimination or harassment. This requires all BLM employees (including students, interns, volunteers, as well as contractors who perform services for the BLM) to avoid any and all behaviors, actions, and conduct that could be deemed discriminatory. All leaders, managers, supervisors, and employees are encouraged to visit the U.S. Equal Employment Opportunity Commission’s (EEOC) webpage on Discrimination by Type to gain a better understanding of all the protections afforded by Title VII of the Civil Rights Act of 1964, as amended, and all other applicable statutes.

Our employees are truly our most precious resources. They are entitled and expected to work in an environment that not only adheres to the laws of the land but also welcomes and embraces the uniqueness of diverse groups from all corners of the world. Accountability starts with BLM’s Executive Leadership Team (ELT). This is a top priority for the entire ELT, and it must also be a top priority for all our leaders throughout the BLM. Managers and supervisors have the responsibility to take appropriate action to include disciplinary and adverse actions (reprimand, suspension, and/or removal from Federal service) for any person(s) found to have committed discrimination. It is expected that all allegations of discrimination be brought to the immediate attention of your respective EEO Office. We have a team of EEO professionals to assist and address questions and concerns and/or guide you through the EEO process.

If an applicant or employee believes they have been subjected to discrimination, they must contact their servicing EEO Office or an EEO Counselor and present the claim(s) within 45 calendar days of the action or when they became aware of the alleged discriminatory action. EEO Managers will provide general information on other avenues of redress available when an individual determines EEO is not applicable to their issue(s) of concern.

All informal EEO complaints will be addressed promptly, thoroughly, and impartially via EEO counseling or Alternative Dispute Resolution (ADR). If the issues are not resolved during the informal phase, a Notice of Final Interview and Right to File a Formal Complaint is issued, and the counselee, upon receipt of the notice, will have 15 calendar days to file a formal EEO complaint. All formal complaint claims that are accepted are investigated by EEO Investigators who are neutral and external to the BLM. Investigations are quite extensive and are expected to be completed within 180 days from the date the complaint was filed unless the complainant agrees to an extension. All Federal employees are required to participate during the EEO complaint process and must be responsive to EEO Officials, Counselors, and Investigators and must comply with requests for cooperation put forth by the BLM Office of Civil Rights (OCR). Furthermore, management officials who are named and accused of allegedly discriminating against an employee must ensure they respond to official inquiries without delay and demonstrate full cooperation throughout the entire EEO process.

Reprisal against anyone who engages in a protected activity, opposes discrimination, or participates in the EEO process is strictly prohibited and will not be tolerated. When allegations of discrimination, harassment, or reprisal are substantiated, managers and supervisors will take appropriate corrective action, including disciplinary action, up to and including removal from Federal service.

Additionally, workplace harassment will not be tolerated, and the agency will correct the harassing conduct before it becomes severe or pervasive. Employees who experience or observe harassment are encouraged to discuss their concerns with their supervisor, manager, servicing Human Resources (HR) Office, or local EEO Office. Managers and supervisors are expected to respond appropriately to allegations of harassment in accordance with this EEO policy statement and the Department’s Personnel Bulletin No: 18-01 (PB 18-01) Prevention and Elimination of Harassing Conduct. To that end, we recommend you familiarize yourself with PB 18-01, which seeks to prevent and prohibit all forms of workplace discrimination, retaliation, and harassing conduct based upon an individual’s protected status, regardless of whether the conduct violates the law. PB 18-01 requires that managers and supervisors take prompt and effective remedial action in response to unlawful discrimination, retaliation, and harassing conduct, including the use of appropriate non-disciplinary or disciplinary action, up to and including removal from Federal service. All BLM employees are expected to read and adhere to PB 18-01.

There are distinct differences between the Anti-Harassment Program (AHP) and the EEO process. The AHP seeks to eliminate harassing conduct, regardless of whether such conduct violates the law. The formal EEO process is designed to conduct investigations into allegations of discrimination for the purpose of determining whether unlawful discrimination occurred. The BLM servicing HR Offices have oversight over all non-EEO related harassment matters.

It is also important to highlight that the EEO process allows for limited confidentiality. During the informal phase, an employee may elect to remain anonymous. However, should the complaint proceed to the formal phase, confidentiality cannot be maintained. EEO personnel will take the necessary steps to keep complaints of discrimination confidential to the greatest extent possible but there are times when information will be shared with agency officials who have a need-to-know. In accordance with EEOC guidance, all allegations of harassment presented to EEO personnel are immediately reported to AHP personnel. No anonymity is provided in the AHP process. According to Section 8.A. of PB 18-01: Management must take action to investigate all allegations of harassing conduct, even if the employee raising the allegation requests confidentiality. All reports of harassing conduct and related information will be maintained on a confidential basis to the greatest extent possible. The identity of the employee alleging violations of this policy will be kept confidential, except as necessary to conduct an appropriate investigation into the alleged violations, to take appropriate disciplinary or corrective action, to comply with the reporting requirements of this policy, or when otherwise required by law.

We also recommend that all managers, supervisors, and employees take the time to familiarize themselves with the Department’s Reasonable Accommodation and Personal Assistance Services (PAS) policies and procedures. Employees and applicants with disabilities are encouraged to request reasonable accommodations, so they can be successful in their work. Employees may speak with their supervisor or contact their servicing HR Office to start the reasonable accommodation process. The BLM will provide a reasonable accommodation for the known physical and intellectual limitations of qualified employees and applicants with disabilities unless the accommodation imposes an undue hardship to the agency. Additionally, the BLM will provide PAS to employees who, because of targeted disabilities, require such assistance during work hours or to participate in work-related travel.

Please refer to the Required BLM Training SharePoint site for information on mandatory EEO training requirements and how these requirements can be met. Training programs to help managers, supervisors, and employees meet the mandatory EEO training requirements will be offered regularly by BLM OCR and EEO personnel, as well as in courses available via DOI Talent.

Our agency embraces a work environment that values diversity and fosters mutual respect, cooperation, inclusiveness, and equity for all. EEO is an integral component of sound leadership principles that are essential to mission accomplishment. Managers and employees are highly encouraged to use ADR whenever possible as a means of openly discussing workplace disputes and possibly resolving them at the lowest levels.

Thank you for your commitment to sustaining a culture of civility and respect at the BLM. For additional information regarding your civil rights, please visit the OCR intranet website.

Timeframe:

This IM is effective immediately and shall remain in effect unless superseded by law, regulation, or policy.

Budget Impact:

None.

Background:

In accordance with 29 CFR § 1614, the EEOC requires Federal agencies to issue an EEO Policy Statement to all employees on an annual basis.

Manual/Handbook Sections Affected:

This PIM supersedes PIM 2021-008, Equal Employment Opportunity (EEO) Policy Statement. This PIM will serve annually until superseded or deleted.

Contact:

All general questions related to EEO policies should be directed to your servicing EEO Office. Should you have questions regarding this PIM, contact La Shon D. Cole, Director, OCR, at lcole@blm.gov or (202) 742-0606.

Coordination:

This PIM was coordinated by the BLM HQ-130, Office of Civil Rights, HQ 700/710 Business Management and Administration/Division of HR Policies and Programs, and with Senior Leadership.

Signed By:
Michael D. Nedd
Deputy Director
Administration and Programs
Authenticated By:
Dan Gittelman
Management Analyst
Division of Regulatory Affairs and Directives (HQ630)

Office

National Office

Fiscal Year

2024