Equal Employment Opportunity
The FCC's Equal Employment Opportunity (EEO) program has two objectives: to provide a full and fair opportunity for all employees, regardless of non-merit factors such as race, religion, gender, color, age, disability, sexual orientation or national origin, to pursue a career in the Federal service and to advance based upon their performance and abilities. The second objective is to enable all employees to carry out their duties in the workplace free from unlawful discriminatory treatment, including sexual harassment and retaliation for engaging in legally protected activities.
OWD manages the Commission's EEO compliance program, which includes providing counseling and mediation services to employees and applicants on EEO matters and processing formal complaints alleging employment discrimination. Every effort is made by OWD and the Commission's staff of collateral-duty counselors to resolve EEO complaints informally. However, where counseling and/or mediation is unsuccessful, an employee or applicant may avail himself or herself of the formal complaint process. We also facilitate requests for disability-related accommodations.
Any employee or job applicant who believes that he/she has been discriminated against on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation or for engaging in protected EEO activity must contact an EEO counselor within 45 calendar days of the alleged discriminatory or retaliatory act to initiate the EEO complaint process.
In carrying out the Commission's EEO and other dispute resolution functions, OWD does not represent any of the parties involved. Instead, we seek to educate the parties about the applicable laws and regulations, identify and review the pertinent facts impartially, and assist in developing solutions that are consistent with law and that promote efficiency and fairness for all -- employees and managers alike.
Our affirmative employment responsibilities include collecting and analyzing data on the Commission's employment activities and accomplishments and preparing reports on these subjects as required by regulation.
Finally, OWD advises the Commission and Bureaus and Offices of their responsibilities under Title VII of the Civil Rights Act of 1964, as amended; Section 501 of the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Equal Pay Act; and all other statutes, Executive Orders and regulations relating to workplace diversity, EEO, anti-discrimination and civil rights.
PROCEDURES FOR PROCESSING INDIVIDUAL COMPLAINTS OF DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX (WHETHER OR NOT OF A SEXUAL NATURE AND INCLUDING SAME-GENDER DISCRIMINATION), NATIONAL ORIGIN, AGE, PHYSICAL OR MENTAL DISABILITY, SEXUAL ORIENTATION (AND GENDER IDENTITY) AND REPRISAL
The AGGRIEVED must contact the Office of Workplace Diversity (OWD) or an Equal Employment Opportunity (EEO) Counselor within 45 calendar days of the alleged discriminatory personnel action/act or within 45 calendar days of becoming aware of the alleged discrimination. The Aggrieved has the option to choose between Alternative Dispute Resolution or traditional counseling. The Counselor has 30 calendar days to attempt informal resolution.
If informal resolution fails, the AGGRIEVED may file a formal complaint, with the Director, Office Workplace Diversity, within 15 calendar days of final interview with the Counselor.
- The Agency accepts the formal complaint or dismisses all or part of it.
- If the Agency accepts the formal complaint, OWD assigns an investigator.
The AGGRIEVED is provided a copy of the Report of Investigation (ROI) upon completion of the investigation, with notice of options. The AGGRIEVED has 30 calendar days to request a hearing at the Equal Employment Opportunity Commission (EEOC) or a Final Agency Decision (FAD) from FCC without a hearing on the record.
- If the AGGRIEVED does not request a hearing or decision on the record within 30 calendar days, the Agency will issue a Final Agency Decision (FAD). The AGGRIEVED may appeal the FAD by filing an appeal with the Director, Office of Federal Operations, Equal Employment Opportunity Commission, P.O. Box 19848, Washington, DC 20036, or by personal delivery or facsimile (202) 663-7022. A copy of the appeal and any supporting brief or statement must be furnished to FCC, OWD.
- If the AGGRIEVED requests a hearing, he/she must send a written request directly to EEOC, Washington Field Office, 1400 L Street, NW, Suite 200, Washington, DC 20005. An ADMINISTRATIVE JUDGE (AJ) will be assigned to the case.
The ADMINISTRATIVE JUDGE reviews the file, schedules and conducts the hearing. The AJ issues a recommended decision to the Agency with findings and conclusions detailing the appropriate action to be taken.
The Agency renders a Final Agency Decision, providing the AGGRIEVED with a copy of the ADMINISTRATIVE JUDGE'S recommended decision.
The AGGRIEVED has the right to file a notice of appeal with EEOC's Office of Federal Operations within 30 calendar days of receipt of the FCC's notice of final decision.
The AGGRIEVED has the right to file a civil action in an appropriate United States District Court:
- within 90 calendar days of his/her receipt of the notice of the final Agency decision or dismissal.
- after 180 calendar days from the date of filing a formal complaint if no appeal to EEOC and no final action.
- after 180 calendar days from the date of filing an appeal with EEOC if no EEOC decision, or
- within 90 calendar days of receiving the EEOC's decision.