Equal Employment Opportunity (EEO)
The Tobyhanna Army Depot EEO Officer can be contacted at (570) 615-7179.
EEO Laws
Age Discrimination in Employment Act (ADEA) of 1967, as amended - The ADEA prohibits discrimination in employment on the basis of age (40 years or older).
Americans with Disabilities Act (ADA) and Rehabilitation Act of 1973 - These laws prohibit discrimination against qualified people with disabilities who are able to perform the essential functions of the job. The law also requires employers to provide reasonable accommodations to assist individuals in performing their jobs unless the agency can demonstrate that the accommodations would impose an undue hardship on the operation of its program.
Equal Pay Act of 1963 - The Equal Pay Act prohibits sex-based wage discrimination. It prohibits Federal agencies from paying employees of one sex lower wages than those of the opposite sex for performing substantially equal work. Substantially equal work means that the jobs require equal skills, effort, and responsibility, and that the jobs are performed under similar working conditions.
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) - Prohibits genetic information discrimination in employment. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
Title VII of the Civil Rights Act of 1964, as amended - Title VII prohibits discrimination based on race, color, religion, sex, or national origin. It also prohibits reprisal or retaliation for participating in the discrimination complaints process or for opposing any unlawful employment practice under Title VII.
EEO Complaint Process
Title 29, Code of Federal Regulations, Part 1614; and Army Regulation 690-600 prohibit discrimination based on race, sex, color, national origin, religion, age, physical or mental disability, genetic information, or reprisal for prior EEO activity.
Any employee, former employee, or applicant for employment with Tobyhanna Army Depot (TYAD) who believes she/he has been discriminated against, may file a complaint with the TYAD Equal Employment Opportunity (EEO) Office. Complaints must be timely filed. In order to file an informal complaint, it must be initiated with the TYADD EEO Office within 45 calendar days of the alleged discriminatory action or event, or within 45 calendar days of first becoming aware of the alleged action or event.
The EEO complaint process has two stages: Informal where the allegation is counseled or mediated; and Formal where the allegation is investigated and/or adjudicated.
Steps in Filing a Discrimination Complaint:
The employee/former employee/job applicant must contact the TYAD EEO Office. At that time, the person would choose to initiate counseling or mediation.
EEO Counseling: An informal complaint (also referred to as a pre-complaint) would be assigned to an EEO counselor who conducts an inquiry and attempts to resolve the complaint. If the complaint is not resolved, the Counselor holds a final interview within 30 calendar days of the date the matter was brought to the attention of TYAD EEO. At the end of the counseling period, if the complaint was not resolved, the Counselor will provide the aggrieved written notice of the right to file a formal complaint of discrimination.
Mediation: Mediation is a form of alternative dispute resolution, which uses a mediator (neutral, objective, third party) to bring the aggrieved and management together to discuss the situation face-to-face in an attempt to reach a mutually satisfactory solution to the employment matter. If the matter is not resolved through mediation, the aggrieved will be provided a written notice of the right to file a formal complaint of discrimination.
If the aggrieved is not satisfied with the results received at the informal stage, he or she may file a formal complaint within 15 days of receipt of the notice of right to file a formal complaint. If TYAD EEO accepts the complaint, it is forwarded for investigation. If TYAD EEO dismisses the formal complaint, it will provide instructions to the complainant for appealing the dismissal. After a formal complaint is investigated, the Report of Investigation (ROI) is sent to the complainant. Within 30 days of receipt of the ROI, the complainant must submit a request to TYAD EEO for either a hearing from the Equal Employment Opportunity Commission (EEOC) or for a Final Agency Decision (FAD) from the Department of the Army.
Department of the Army Accessibility Statement
The Department of the Army (DA) is committed to meeting or exceeding the accessibility requirements of the Rehabilitation Act of 1973, as amended, and the Architectural Barriers Act of 1968. Accessibility for individuals with disabilities (IWD) is addressed as follows:
Information and Communication Technology.
Ensuring DA electronic and information technology is accessible to IWD, in accordance with Section 508 of the Rehabilitation Act of 1973, as amended (“Section 508”) (29 U.S.C. Section 794d). Section 508 requires all electronic and information technology (also referred to as information and communication technology or ICT) that is developed, procured, maintained, or used by federal agencies to be accessible to IWD. Examples of ICT include web sites, telephones, multimedia devices, and copiers. Access available to IWD must be comparable to access available to others. Section 508 standards are the technical requirements and criteria used to measure conformance with the law and are developed and maintained by the United States Access Board. Further information about the Access Board’s standards and Section 508 generally may be found on the Section 508 website.
Facilities and Physical Infrastructure.
Ensuring DA facilities and physical infrastructure are accessible to IWD, in accordance with the standards established under the Architectural Barriers Act of 1968 (ABA), as adopted by the Department of Defense (DoD) and enforced by the U.S. Access Board. The ABA of 1968 (42 U.S.C. §§ 4151-57) requires that buildings and facilities that were designed, built, constructed, altered, leased, or financed with Federal funds, by or on behalf of the United States, after August 12, 1968, be accessible to IWD. The Access Board’s accessibility standards are available on their website About the ABA Standards.
Reasonable Accommodation and Personal Assistance Services.
Providing reasonable accommodations (RA) and personal assistance services (PAS) for qualified DA employees and job applicants with disabilities, in accordance with Section 501 of the Rehabilitation Act of 1973, as amended (12 Code of Federal Regulations Section 268.203).
Access to All Programs and Activities Conducted or Funded by DA.
Providing access to IWD comparable to those who do not have disabilities in accordance with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S. Code Section 794).
Reporting Accessibility Issues or Filing Accessibility Complaints
Information and Communication Technology and Assistive Technology:
- If you encounter an ICT accessibility issue or want to file a Section 508 complaint associated with Army ICT, please send a detailed report via e-mail to the Army Equity and Inclusion Agency. Include your contact information, and a description of the specific accessibility concern. Include “Section 508” in the subject line.
- If the alleged violation of Section 508 is related to employment, you must contact your servicing Equal Employment Opportunity Office or the Army Equity and Inclusion Agency within 45 calendar days of the alleged violation or within 45 calendar days of you becoming aware of the violation.
- To file a complaint regarding another agency’s ICT, contact that agency’s Section 508 Coordinator. Contact information for Section 508 Coordinators may be found on the Section 508 Coordinator Listing page.
- If you wish to file a complaint with DoD, complete and submit the Chief Information Officer Section 508 Form.
- Additional information on accessibility of electronic and information technologies is available from the Department of Defense Chief Information Officer Accessibility Statement page.
DA Facilities and Physical Infrastructure:
- If you encounter a facilities or physical infrastructure accessibility issue, please send a detailed report via e-mail to the Army Equity and Inclusion Agency. Include your contact information, the name and address of the building or facility, and a description of the specific accessibility concern. Include “Facility Accessibility” in the subject line.
- If the alleged violation is related to employment, you must contact your servicing Equal Employment Opportunity (EEO) office or the Army Equity and Inclusion Agency within 45 calendar days of the alleged violation or within 45 calendar days of you becoming aware of the violation.
- Additional information on how to file an ABA complaint through the U.S. Access Board can be found on the Access Board Enforcement page.
RA and PAS for DA Civilian Employees and Job Applicants:
- If you are a DA Civilian in need of reasonable accommodation or personal assistance services to perform the essential functions of your job, or to enjoy equal access to the benefits and privileges of employment, contact your first level supervisor, and your servicing EEO Office.
- If you are an applicant for a DA civilian job and need reasonable accommodation or personal assistance services during the application process, contact the human resources point of contact listed on the vacancy announcement.
- Additional information on RA and PAS can be found under Policies on the Army’s Equity and Inclusion Agency webpage and in the governing regulation, Army Regulation 690-12, Equal Employment Opportunity.
Participants in DA Conducted or Funded Programs and Activities:
- Visitors participating in DA sponsored or funded programs and activities who need modifications/accommodations should contact the organizer or office conducting the event(s).
- If information for the organizer is not available, you may request assistance by sending a detailed email with your contact information to the Army Equity and Inclusion Agency. Include “Section 504” in the subject line.
Army Policy and Procedures for Reasonable Accommodation and Personal Assistance Services for Individuals with Disabilities
WHY DO WE HAVE A POLICY?
As part of the Army’s efforts to be a model employer, we provide reasonable accommodation (RA) and personal assistance services (PAS) to qualified individuals with disabilities (job applicants and employees) in accordance with Title I of the Americans with Disabilities Act of 1990 (42 USC §12101 et seq.) and Section 501 of the Rehabilitation Act of 1973 as amended (29 USC §791 et seq.). Although many individuals with disabilities can apply for and perform jobs without any RA or PAS, there are workplace barriers that keep others from the application process or from jobs they could perform with some form of RA and/or PAS.
WHAT IS THE POLICY?
It is Army policy to provide RA and/or PAS to qualified individuals with disabilities who are employees or applicants for employment, unless doing so would cause undue hardship. Requests for RA and/or PAS will be promptly processed. Failure to do so may result in a violation of the Rehabilitation Act. Applicants and employees who have requested RA or PAS will be kept informed of the status of their request. Information regarding requests for RA or PAS is confidential and will only be shared with those involved with processing and providing the RA or PAS.
WHAT IS RA?
In general, RA is any change in the work environment or in the way things are customarily done that enables a qualified individual with a disability to apply for a job, to perform the essential functions of the job, and to enjoy benefits and privileges of employment equivalent to those of other employees without disabilities.
WHAT IS PAS?
PAS apply to employees with targeted (severe) disabilities who, because of their targeted disability, require assistance performing activities of daily living (ADL) to enable them to be at work or participate in work-related travel. ADLs are functions that an individual would typically perform without assistance if they did not have a disability. PAS include, but are not limited to, getting in and out of a vehicle, removing and putting on clothing, eating, and using the restroom. PAS are to be provided during work hours and job-related travel, provided (1) the employee requires such services because of a targeted disability; (2) provision of such services would, together with any RA required under the existing regulations enable the employee to perform the essential functions of his or her position; and (3) the provision of such services would not impose undue hardship on the agency.
WHAT ARE TARGETED (SEVERE) DISABILITIES?
Targeted disabilities are a subset of the larger disability category. Office of Personnel Management Standard Form 256 lists targeted and non-targeted disabilities https://www.opm.gov/forms/pdf_fill/sf256.pdf.
WHAT ARE THE PROCEDURES TO REQUEST RA AND/OR PAS?
The procedures for requesting RA and/or PAS are essentially the same. The procedures are outlined in Army Regulation 690-12, Equal Employment Opportunity and Diversity, 12 Dec 2019, available at: https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN17808_AR690-12_FINAL.pdf.
(Note: as of December 2022, the regulation is undergoing revision.) Job applicants will make their requests through the human resources representative managing the application process. Employee requests for RA and/or PAS should be made to their supervisor, who will work with the employee and the servicing Equal Employment Opportunity Office Disability Program Manager or Reasonable Accommodation Coordinator to determine disability status and to understand the limitations caused by the medical condition. This is referred to as the interactive process, which begins with the initial request - whether made orally or in writing. Together, they will explore potentially effective RA and/or PAS that will enable the employee to perform the essential functions of the job in accordance with the required performance and conduct standards, and to enjoy the benefits and privileges of employment.
WHAT IS UNDUE HARDSHIP?
Undue hardship means significant difficulty or expense incurred when considered in light of the overall financial resources of the Army, excluding those resources designated by statute for a specific purpose that does not include RA or PAS. Undue hardship refers not only to financial difficulty, but to RA or PAS that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the Activity. An undue hardship determination is based on a case-by-case assessment and focuses on the resources and circumstances of the Army in relation to the cost or difficulty of providing a specific accommodation. Decision makers must consult with the servicing Disability Program Manager and legal advisor regarding undue hardship assessments.
Where is Additional Information Located? Additional information can be found:
Army Policy and Procedures on Reasonable Accommodation for Religious Reasons
WHY DO WE HAVE A POLICY?
Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits federal agency employment discrimination based on religion, to include failure or refusal to reasonably accommodate the religious practices (beliefs and observances) of employees and prospective employees.
WHAT IS THE POLICY?
It is Army policy, in accordance with Title VII and the implementing regulations at 29 CFR Part 1605, to provide reasonable accommodation (RA) to job applicants and employees for religious reasons unless doing so would cause undue hardship (more than a minimal burden on operations).
WHAT IS A RA FOR RELIGIOUS REASONS?
A RA for religious reasons is an exception to a rule or policy or an adjustment to a work schedule that enables an employee to abide by sincerely held religious beliefs and/or observe religious practices.
WHAT ARE THE PROCEDURES TO REQUEST RA FOR RELIGIOUS REASONS?
The procedures for requesting RA for religious reasons are similar to those for requesting RA for disability. Employee requests for RA should be made to their supervisor, who will work with the employee and the servicing Equal Employment Opportunity Office, as needed, to identify and understand the conflict or limitations the employee’s working conditions impose on his or her religious observance(s). This interactive process begins with the initial request - whether made orally or in writing. Together, they will explore potentially effective RA that will remove the impediment and enable the employee to perform the essential functions of the job in accordance with the required performance and conduct standards.
WHAT IS UNDUE HARDSHIP?
The standard for undue hardship is not the same as that for RA for disability. The undue hardship standard for RA for religious reasons is whether the RA will cause more than a minimal burden on the operation of the Activity.
WHERE IS ADDITIONAL INFORMATION LOCATED?
Additional information can be found in the guidance on the Equal Employment Opportunity Commission(EEOC) website https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation.