Diversity & Civil Rights
Mountain-Prairie Region
Complaint Basis

[ Basis ] [ Process ] [ FAQ ]

The Department of the Interior (DOI) prohibits discrimination on the bases of race, color, religion, national origin, sex, age, mental or physical disability, and reprisal.  The DOI has a separate process that mirrors the EEO process for complaints based on sexual orientation.

  Race    Color    Religion     Sex     National Origin     Age   

Disability     Reprisal    *Sexual Orientation (DOI Only)

Need information on the how to file a complaint?

Race: (5)

A class or kind of individuals with common characteristics, interest, appearance, or habits as if derived from a common ancestor. 

Racial discrimination is present when people are treated differently than others who are similarly situated because they are members of a specific race.  It can occur when individuals are treated differently because of unalterable characteristics, such as physical features, indigenous to their race.  The courts have also found that racial discrimination in employment can occur when employees are treated differently than other employees similarly situated because of their interracial dating or marriages, racially-oriented expression of attitudes and beliefs, and/or membership in racially oriented groups.    

5 Standardized Definitions of Race:  The Federal Census Bureau defines racial categories as:

1.  American Indian/Alaskan Native:   A person having origins in any of the original people of North America and who maintains cultural identification through community recognition or tribal affiliation.

2.  Asian or Pacific Islander:  A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.  This area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa.

3.  White, not of Hispanic origin:   A person having origins in any of the original peoples of Europe, North Africa, or the Middle East.  Does not include persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish cultures or origins (see Hispanic).  This category also includes persons not included in other categories.

4.  Black, not of Hispanic Origin:  A person having origins in any of the black racial groups of Africa.  Does not include persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish cultures or origins (see Hispanic).

 

5.  Hispanic:  A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin.   Does not include persons of Portuguese culture or origin.

 

Color: (5)

The complexion of an individual's skin.

Color discrimination occurs when individual are treated differently than others who are similarly situated because of the color of their skin.  This is a separately identifiable type of discrimination which can also occur in conjunction with race discrimination.  Color discrimination can also occur in the absence of race discrimination when members of the same race are treated differently because of their skin color. 

 

Religion: (5)

Includes all aspects of religious observance and practice as well as belief.

Religious discrimination occurs when an employment rule or policy requires a person to either violate a fundamental precept of his or her religion or lose an employment opportunity.  The definition of "religion" is not restricted to the orthodox denominations.  Since the provisions under religion include a lack of belief, atheist are also covered. 

Sex: (5)

Sex discrimination exists when decisions are made or actions are taken based on preconceived notions about the nature, roles, and attitudes of men and women. 

Discrimination based upon pregnancy, childbirth or related medical conditions is also covered under sex discrimination. 

Sexual Harassment is an illegal form of sex discrimination.  Sexual harassment is deliberate or repeated unsolicited and unwelcome verbal comments, gestures, or physical contact of a sexual nature in a work place or work-related environment.

Sexual harassment is prohibitive personnel practice when it results in discrimination for or against an employee on the basis of conduct not related to performance (i.e., the taking or refusal to take a personnel action, including promotion of employees who submit to sexual advance, or refusal to promote employees who resist or protest sexual overtures).  This type of sexual harassment is frequently labeled quid pro quo.  A Latin term meaning literally "this for that".

Another type of sexual harassment referred to as hostile environment occurs when conduct of a sexual nature interferes with an individual's performance or creates an intimidating, hostile, or offensive environment.

National Origin: (5)

National Origin discrimination has been broadly defined as including, but not limited to, the denial of equal employment opportunity because of an individual's ancestor's country of origin or because an individual has the physical, cultural, or linguistic characteristics of a particular national origin group.

Age: (5)

Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment.   The Age Discrimination in Employment Act (ADEA) forbids discrimination based on age for those individuals 40 and older. 

Disability: (5)

Discrimination of the disabled occurs when an employee or applicant is treated differently on the basis of a disabling condition.  It can also happen when an organization fails to make reasonable accommodation for qualified disabled employees and applicants who are able to meet the requirements of the position through reasonable assistance or modification.

A disabled person is defined as one who has a physical or mental impairment that substantially limits one or more of such person's major life activities, has a record of such an impairment, or is regarded as having such an impairment. 

Major life activities include (but are not limited to) functions such as caring for one's self, performing manual tasks, walking, seeing, standing, hearing, speaking, breathing, learning, and working.

An employer must make reasonable accommodation to the physical and/or mental limitations of a qualified disabled applicant or employee unless employer can demonstrate that the accommodation would result in an undue hardship.

Reprisal: (5)

Any person who files a complaint or otherwise participates in the complaint process, shall be free from restraint, interference, coercion, discrimination or reprisal at any stage of the processing of the complaint or thereafter.

  Sexual Orientation: (5)

On December 7, 1993, the Department of Interior expanded it's Equal Opportunity Policy to include sexual orientation as a basis for filing discrimination complaints as it relates to all matters of employment.  The Equal Employment Opportunity Commission (EEOC) does not process complaints based on sexual orientation, however complaints will be processed and investigated by the Department of Interior.   The informal process for complaint based on sexual orientation is the same as any other basis.

Sexual Orientation is defined as homosexuality (Gay or Lesbian), bisexuality, heterosexuality, or transsexuality, whether such orientation is real or perceived.

Last updated: October 8, 2008