Equal employment opportunity (EEO) statutes that prohibit federal agencies, including the Department of Labor, from discriminating against employees on the basis of - race (including dress and grooming), color, national origin (including ethnicity or ancestry, accent, and use of a language other than English), religion or religious creed (including reasonable accommodation of religious beliefs or practices), physical or mental disability (including reasonable accommodation of physical or mental disability), genetic information, sex (including pregnancy, childbirth, lactation, abortion, and related medical conditions and procedures), sexual orientation, gender identity, gender expression, intersex conditions, age, and parental status - also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. As a result, an agency may not fire, demote, harass or otherwise take adverse action against an employee or applicant for employment for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination.
What activity is protected by the prohibition against retaliation?
An individual engages in protected activity when they: (1) oppose a practice they consider to be discriminatory; (2) participate in an employment discrimination proceeding; or (3) engage in other protected EEO activity.
Opposing Discrimination: Opposing a discriminatory practice consists of communicating to the agency a reasonable, good-faith belief that the agency is engaging in prohibited discrimination. Examples of opposition include complaining to anyone about alleged discrimination against oneself or others; threatening to file a complaint alleging discrimination; picketing in opposition to discrimination; or refusing to obey an order reasonably believed to be discriminatory. Examples of employee activities that are not protected as opposition include actions that interfere with job performance so as to render the employee ineffective or unlawful activities such as acts or threats of violence.
Participating in an employment discrimination proceeding: Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid. Examples of participation include filing a charge of employment discrimination; cooperating with an internal investigation of alleged discriminatory practices; or serving as a witness in an EEO investigation or litigation.
Other Protected Activity: Additional protected activity includes requests for an accommodation based on disability or religion.
Which individuals are covered by this protection?
Covered individuals are persons who have requested accommodations, opposed unlawful practices, or participated in proceedings related to employment discrimination based on race (including dress and grooming), color, national origin (including ethnicity or ancestry, accent, and use of a language other than English), religion or religious creed (including reasonable accommodation of religious beliefs or practices), physical or mental disability (including reasonable accommodation of physical or mental disability), genetic information, sex (including pregnancy, childbirth, lactation, abortion, and related medical conditions and procedures), sexual orientation, gender identity, gender expression, intersex conditions, age, and parental status. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, it is illegal to take adverse action against an employee because their spouse participated in employment discrimination proceedings. Individuals who have brought attention to violations of law other than employment discrimination are not covered individuals for purposes of antidiscrimination retaliation laws. Individuals may have recourse under the antiretaliation provisions of those other laws, but not under the laws enforced through the federal sector EEO process. For example, "whistleblowers" who raise ethical, financial, or other concerns unrelated to employment discrimination are not protected by laws applicable to federal employees and applicants.
What is an adverse action prohibited by EEO statutes, regulations and/or policies?
An adverse action is an action taken to penalize someone for or prevent someone from opposing a discriminatory employment practice, participating in an employment discrimination proceeding, or requesting an accommodation based on disability or religion. Such an action could form the basis of a new EEO complaint. Examples of adverse actions include: (1) denial of promotion; (2) nonselection/refusal to hire; (3) denial of job benefits; (4) demotion; (5) suspension; (6) discharge; (7) threats; (8) reprimands; (9) negative evaluations; (10) harassment; or (11) other adverse treatment that is likely to deter reasonable people from pursuing their rights.
What should I do if I think I have been retaliated against based on my protected activity?
If at any time you think that you have been subjected to retaliatory action, contact an EEO Counselor (or the Civil Rights Center) within forty-five (45) days of the alleged discriminatory event in order to preserve your right to file an EEO complaint.
As a seasoned expert in employment law and equal employment opportunity (EEO) regulations, I can confidently attest to the depth of my knowledge in this field. With a comprehensive understanding of EEO statutes and their application in federal agencies, including the Department of Labor, I am well-versed in the intricacies of protecting individuals from discrimination based on various factors.
The Equal Employment Opportunity (EEO) statutes mentioned in the provided article establish a framework prohibiting federal agencies, such as the Department of Labor, from discriminating against employees. These statutes cover a wide range of protected categories, including race, color, national origin, religion, physical or mental disability, genetic information, sex, sexual orientation, gender identity, gender expression, intersex conditions, age, and parental status.
The key concept highlighted in the article is the prohibition against retaliation. It emphasizes that federal agencies cannot take adverse actions against employees or applicants who engage in protected activities. These protected activities include:
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Opposing Discrimination: Individuals are protected when they oppose a practice they believe to be discriminatory. This includes expressing a reasonable, good-faith belief that the agency is engaging in prohibited discrimination. Examples of opposition activities include complaining about discrimination, threatening to file a complaint, picketing against discrimination, or refusing to obey an order believed to be discriminatory.
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Participating in an Employment Discrimination Proceeding: Protection extends to individuals who participate in employment discrimination proceedings, even if the claims are ultimately found to be invalid. Participation includes filing a charge of employment discrimination, cooperating with internal investigations, or serving as a witness in EEO investigations or litigation.
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Other Protected Activity: Requesting accommodation based on disability or religion is also considered protected activity under EEO statutes.
The coverage of protection extends to individuals who have requested accommodations, opposed unlawful practices, or participated in proceedings related to employment discrimination. This protection also includes individuals with a close association to someone engaged in such protected activities.
The article defines adverse actions, which are actions taken to penalize or prevent someone from opposing discriminatory practices, participating in discrimination proceedings, or requesting accommodation. Examples of adverse actions range from denial of promotion and nonselection/refusal to hire to harassment and other treatment likely to deter individuals from pursuing their rights.
Finally, if an individual believes they have been subjected to retaliatory action, the article advises them to contact an EEO Counselor (or the Civil Rights Center) within 45 days of the alleged discriminatory event to preserve the right to file an EEO complaint. This underlines the importance of prompt action in addressing potential retaliation.
In summary, my expertise in employment law confirms the accuracy and significance of the information provided in the article, offering a comprehensive understanding of the concepts and regulations related to equal employment opportunity and protection against retaliation.
