Complaint Bases
The Department of the Interior prohibits discrimination on the bases of race, color, religion, national origin, sex, age, mental or physical disability, and sexual orientation. It also prohibits reprisal or retaliation for participating in the discrimination complaint process or for opposing any employment practice that the individual reasonably and in good faith believes violates Title VII.
Race:
The Equal Employment Opportunity Commission (EEOC or the Commission)
identifies race as a class or kind of individuals having immutable characteristics
associated with race, such as skin color, hair texture, or certain facial
features, even though not all members of the race share the same characteristics.
Racial discrimination is present when people are treated differently than others who are similarly situated because they are members of a specific race. Title VII of the Civil Rights Act of 1964 also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Equal employment opportunity cannot be denied because of marriage to or association with an individual of a different race; membership in an association with individuals of a different race; membership in or association with ethnic based organizations or groups; or attendance or participation in schools or places of worship generally associated with certain minority groups.
Racial and Ethnic categories are defined by the Office of Personnel
Management as follows:
1. American Indian/Alaskan Native is defined
as a person having origins in any of the original peoples of North America
and who maintains cultural identification through community recognition
or tribal affiliation.
2. Asian or Pacific Islander is defined as 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, but
is not limited to, China, Japan, India, Korea, Guam, the Philippine Islands,
Samoa, and Thailand.
3. Black, not of Hispanic Origin is defined as a person having
origins in any of the Black racial groups of Africa. This does not include
persons of Mexican, Puerto Rican, Cuban, Central or South American, or
other Spanish cultures or origins (See Hispanic).
4. Hispanic is defined as 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.
5. White, not of Hispanic Origin is defined as a person having
origins in any of the original peoples of Europe, North Africa, or the
Middle East. This does not include persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish culture or origin (Hispanic).
Also included are persons not included in other categories above.
6. Minorities are those persons in groups 1 through 4 above.
Color:
Discrimination on the basis of the color of someone’s skin pigmentation
occurs when individuals are treated differently in an unlawful manner than
others who are similarly situated. This is a separately identifiable basis
for filing a claim of discrimination from race discrimination, although
it often occurs in conjunction with race discrimination.
Religion:
Religious discrimination occurs when an employment rule or
policy requires a person to either violate a fundamental precept of her/his
religion or lose an employment opportunity. Religious discrimination
can also occur when an individual is treated differently than her/his
similarity situated co-workers because of their religious beliefs. The
definition of religion is not restricted to the orthodox denominations
and includes all aspects of religious observance and practice as well
as belief. The protection extends to practitioners of paganism, wicca,
and other non-traditional faiths. Further, since the provisions under
religion include a lack of belief, self-professed atheists are also covered.
Sex:
Sex discrimination exists when employment decisions are made
or actions are taken that are based upon the sex (gender) of an individual.
Discrimination based upon pregnancy, childbirth or related medical conditions
is covered under sex discrimination.
Gender-based harassment is a form of sex discrimination. Examples of sex or gender-based harassment could include assigning "sex-stereotyped" work to an individual, or engaging in taunting, pranks, and other types of hazing.
Sexual harassment is sex discrimination that violates Title VII of the
Civil Rights Act of 1964. Unwelcome sexual advances, requests
for sexual favors or other verbal or physical conduct of a sexual nature
constitute sexual harassment when any one of the following three criteria
are met:
1. Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual’s employment;
2. Submission or rejection of such conduct by an individual
is used as a basis for employment decisions where the individual has suffered
a tangible loss or harm;
3. Such conduct has the purpose or effect of unreasonably interfering
with an individual’s work performance or creating an intimidating,
hostile or offensive work environment.
National Origin:
National Origin discrimination includes, but is not limited
to, the denial of equal employment opportunity because of an individual’s,
or his or her ancestor’s, place of origin; or because an individual
has the physical, cultural or linguistic characteristics of a national
origin group.
The Age Discrimination in Employment Act (ADEA) of 1964, as
amended, protects employees or applicants who are 40 years of age or
older from employment discrimination based on age. Under the ADEA, it
is unlawful to discriminate against a person because of her/his age with
respect to any term, condition, or privilege of employment. Unlike the
other anti-discrimination statutes, the claimant is not required to exhaust
administrative remedies before an agency, or the Equal Employment Opportunity
Commission (EEOC or the Commission). The claimant may pursue matters
of age discrimination directly in federal court after providing the Commission
at least 30 days notice of intent to file a complaint in U.S. district
court.
Disability:
Discrimination on the basis of disability is prohibited by
the Rehabilitation Act of 1973, as amended. This type of
discrimination occurs when a person is treated differently
than a similarly situated co-worker or is not reasonably accommodated
because she or he:
1. has
a physical or mental impairment which substantially limits a major life
activity;
2. has a record of such impairment; or
3. is regarded as having such an impairment. Major life activities
include, but are not limited to, caring for oneself, working, performing
manual tasks, walking, standing, hearing, speaking, breathing, learning,
working, and seeing.
Reprisal:
The EEOC defines reprisal or retaliation as discrimination
that adversely affects a term or condition of employment of any employee
or applicant because of her or his involvement in EEO complaint activity.
It also prohibits reprisal or retaliation for opposing any employment
practice that the individual reasonably and in good faith believes violates
Title VII.
Sexual Orientation:
On December 7, 1993, in response to Executive Order 11478,
as amended by Executive Order 12106, and as further amended by Executive
Order 13087 (collectively, the Executive Order), the Department of Interior
expanded its Equal Opportunity Policy to include sexual orientation as
a basis for filing discrimination complaints as it relates to all matters
of employment. Although the EEOC does not process complaints based on
sexual orientation, the Department of the Interior does process and investigate
claims based upon sexual orientation and provides for a hearing if not
resolved at the pre-complaint or investigative stage. The informal process
for a claim based on sexual orientation is the same as any other basis.
The Department of the Interior identifies sexual orientation as "homosexuality
(gay or lesbian), bisexuality, heterosexuality, or transsexuality, whether
such orientation is real or perceived."
Status as a Parent:
On May 2, 2000, President Clinton issued Executive Order 13152,
to prohibit discrimination on an individual's status as a parent. "Status
as a parent" refers to the status of an individual who, with respect
to an individual who is under the age of 18 or is 18 or older but is
incapable of self-care because of a physical or mental disability, is:
(a) a biological parent;
(b) an adoptive parent;
(c) a foster parent;
(d) a stepparent;
(e) a custodian of a legal ward;
(f) in loco parentis over such an individual; or
(g) actively seeking legal custody or adoption of such an individual.
Protected Genetic Information:
On February 8, 2000, President Clinton issued Executive Order
13145, amending Title VII of the Civil Rights Act of 1964, as amended.
This Executive Order prohibits discrimination in Federal employment covering
all qualified persons, prohibiting discrimination against employees based
on protected genetic information or information about a request for or
the receipt of genetic services.