Posted Pursuant to the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020
The Department of Labor (DOL) is deeply committed to building a workplace that advances equal employment opportunity (EEO) and the principles of diversity, equity, inclusion, and accessibility (DEIA).
To best realize EEO and DEIA in the Department, all DOL employees, applicants, and contractors must be treated fairly and consistently on the basis of merit. As such, no employee will be denied equal employment opportunity, subjected to harassment, retaliated against for engaging in protected EEO activity, or denied equal pay or compensation because of race (including race-related characteristics, which may include an individual's grooming and hair), color, ancestry (including ancestry-related characteristics, which may include an individual's dress), national origin (including ethnicity, accent, and use of a language other than English), religion or religious creed (including reasonable accommodation of religious beliefs, observances, or practices), physical or mental disability (including reasonable accommodation of physical or mental disability), medical condition, genetic information, sex (including pregnancy, childbirth, lactation, abortion, and related medical conditions), sexual orientation, transgender status, gender identity, gender expression, intersex traits, sex stereotyping, sex characteristics, age (40 and up), parental status, or any other prohibited factor. Protected EEO activity includes opposing a practice made unlawful by, engaging in a right extended by, or participating in any stage of administrative or judicial proceedings under relevant employment discrimination laws, including requesting a reasonable accommodation for a physical or mental disability or sincerely held religious belief, observance, or practice.
A person wishing to file an EEO complaint must contact an EEO counselor of the Civil Rights Center (CRC) within 45 calendar days of the most recent incident of discrimination (including retaliation). Failure to contact an EEO counselor of the CRC within 45 calendar days of the most recent incident of discrimination (including retaliation) may result in the dismissal of an EEO complaint. For additional information on how to file an EEO complaint, please visit the Civil Rights Center's page.
You may also file a complaint with your Agency's Workplace Equality Compliance Office (WECO) under the Department's Harassing Conduct Policy, in accordance with Department of Labor Management Series (DLMS) 6-300: Policy & Procedures for Preventing & Eliminating Harassing Conduct in the Workplace. Filing a complaint under the Department's Harassing Conduct Policy, however, is not the same thing as filing an EEO complaint with the Civil Rights Center in accordance with 29 C.F.R. 1614 and does not modify or extend the time limitation to contact an EEO counselor. Workplace Equality Compliance Officers cannot accept EEO complaints. You may view a list of the current WECO Managers here: Workplace Equality Compliance Officers - LaborNet - U.S. Department of Labor (dol.gov)
Furthermore, any DOL employee who is in the AFGE Local 12, the NULI or the NCFLL bargaining units may file a grievance under their respective collective bargaining agreements. Employees not under any of the above bargaining units, may file a complaint under the Department's administrative grievance process.
The Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Cummings Act) amends the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act of 2002 to strengthen federal antidiscrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) and expands accountability within federal agencies. Section 1133 of the Cummings Act requires DOL to post notification of a final finding (all appeal remedies have been exhausted) of discrimination (including retaliation) that has been made against DOL. The notice must be posted within 90 days of such finding, be linked directly from DOL's public internet website for a period of one (1) year, and state that a finding of discrimination (including retaliation) has been made, including identifying the date on which the finding was made, the date of each discriminatory act, the law(s) violated, and to advise employees of the rights and protections available under applicable Civil Rights laws.
Notification of EEO Violations
Agency Involved | Date of Finding | Date(s) Discriminatory Act(s) Occurred | Law Violated | Posting Notice of Discrimination | Disciplinary Action Taken |
|---|---|---|---|---|---|
Mine Safety and Health Administration (MSHA) | 1/9/2023 | 5/29/2020 | Reasonable Accommodation/Rehabilitation Act | Pending | |
Office of Workers’ Compensation Program (OWCP) | 3/30/2023 | 1/19/2021 | Title VII Civil Rights Act/Rehabilitation Act/Retaliation | Pending | |
Mine Safety and Health Administration (MSHA) | 5/15/2023
| March 2021 | Title VII Civil Rights Act (Race and Sex) | Pending | |
Office of the Assistant Secretary for Administration and Management (OASAM) | 8/8/2023 | 7/7/2021 | Rehabilitation Act/Unlawful Medical Disclosure | Training |