ARTICLE

17.

Section 1 - Policy

The Department and the Union affirm their commitment to the policy of providing equal employment opportunities to all employees and to prohibit discrimination because of race, color, religion, sex (including sexual harassment), sexual orientation, national origin, age (40 years of age and over), or disabling condition.

Section 2 - Equal Employment Opportunity Program

The Department's Equal Employment Opportunity (EEO) Program shall be designed to promote equal employment opportunity in every aspect of the Departmental personnel policy and practice in accordance with applicable law and Government-wide rules and regulations. The program shall include, but not be limited to, the following:

A. Providing reasonable job accommodation for qualified disabled employees,

B. Reviewing selection processes and staffing procedures to identify those which are inconsistent with governing Federal EEO rules and regulations and taking corrective actions consistent with such rules and regulations in those instances where adverse EEO impacts are found,

C. Procedures that allow for the redesigning of jobs, where feasible and desirable, and which do not create an undue hardship to achieve the Department's mission to utilize to the maximum extent possible the present skills of qualified disabled employees,

D. Making reasonable accommodations for the religious needs of employees when such accommodations can be made without undue hardship to the conduct of Department programs,

E. Commitment to the prevention of sexual harassment, and

F. Affirmative Employment Plan(s).

Section 3 - Reasonable Accommodations for Employees with Disabilities

A. In accordance with Section 501 of the Rehabilitation Act of 1973, as amended, Section 403 of the Vietnam Veterans Readjustment Assistance Act of 1974, as amended, and other Governmentwide rules and regulations pertaining to the employment of individuals with disabilities, the Department is committed to affirmative action for the employment, placement, and advancement of qualified individuals with disabilities and disabled veterans.

B. The Department will offer reasonable accommodation to known physical or mental limitations of qualified individuals with a disability regardless of type of appointment, unless the Department can demonstrate that the accommodation would impose an undue hardship on the operation of the Department's program as defined in 29 CFR Section 1614.203.

C The parties recognize that individual accommodations will be determined on a case-by-case basis, taking into consideration the employee's specific disability, the employee's suggestions for reasonable accommodations, existing limitations, the work environment, and undue hardship imposed on the operation of the Department's program as defined above. Qualified employees with disabilities may request specific accommodations. However, the Department is not required to provide the employee's accommodation of choice as long as the Department provides a reasonable accommodation.

D. The parties agree that reasonable accommodation means an adjustment made to a job and/or the work environment that enables a qualified person with a disability to perform the essential duties of that position. The Department will promptly consider requests for reasonable accommodations for employees with disabilities. Such accommodations will be evaluated on a case-by-case basis with regard to the merit of the request.

E. Should a nonprobationary employee become unable to perform the essential functions of her position even with reasonable accommodation due to a disability, the Department shall offer to reassign the employee when a funded vacant position for which the employee qualified is available, subject to all conditions in 29 CFR Section 1614.203(g) being met.

F. For employees with disabilities, job restructuring is one of the principal means by which some qualified workers with disabilities can be accommodated. The principal steps in restructuring jobs are:

1. Identify which factor, if any, makes a job incompatible with the worker's disability.

2. If a barrier is identified in a nonessential job function, the barrier may be eliminated so that the capabilities of the person may be used to the best advantage.

3. Job restructuring does not alter the essential functions of the job; rather, any changes made are those which enable the person with a disability to perform those essential functions.

G. The parties agree that in many cases, changes in the work environment and other accommodations enable persons with disabilities to more effectively perform their job duties. Alterations and accommodations may be, but are not limited to, the following:

1. Rearranging files or shelves,

2. Widening access areas,

3. Maintaining hazard-free pathways,

4. Raising or lowering equipment,

5. Moving equipment controls from one side to the other, or modifying them for hand or foot operations,

6. Installing special holding devices on desks, benches, chairs or machines, and

7. Providing qualified interpreters for the hearing impaired.

8. With respect to the modernized systems environment, examples of accommodations are:

a. The surface that holds the terminal will be adjusted to a level suitable to the employee's needs.

b. The keyboard will have "light touch," guards, and other adaptive devices that will be considered.

c. Visually impaired employees will be permitted to label "home" keys.

d. Operational and training materials will be available in Braille.

e. Lap trays will be considered.

f. Computer based voice-output systems or VDT screen enlargers or other appropriate devices will be provided for visual impaired employees.

g. Hardware and software will be configured to accommodate color blindness (blinking cursor, highlighting).

h. Printer switches will be available in "light touch" and located in an easily accessible location.

H. An employee may be provided assistive devices if the Department determines that the use of the equipment is necessary to perform official duties. Such equipment does not cover personal items which the employee would be expected to provide such as hearing aids or eye glasses.

I. The Department facilities shall be accessible to employees with disabilities.

J. The Department will be liberal in granting leave to accommodate the handicapping condition of employees. For example:

1. Leave without pay may be granted for illness or disability, and

2. Sick leave can be appropriately used by a handicapped individual (who uses prosthetic devices, wheel chairs, crutches, guide dog, or other similar type devices) for equipment repair or guide dog training or medical treatment.

K. The Department will provide handicapped employees full consideration for all training opportunities. Once an employee is selected for training, the Department will provide reasonable accommodations to the employee to attend and complete the training. It is the intent of the Department to provide on-the-job training opportunities to qualified handicapped employees on the same basis as nonhandicapped employees consistent with operational needs.

L. For the purpose of continuing to provide reasonable accommodations for hearing-impaired employees, management agrees to provide interpreter services for those employees who seek Union assistance and/or representation for their individual concerns. To the extent possible, interpreter services should be arranged in advance unless the employee wants to retain confidentiality.

M. To provide employees with disabilities equal opportunity to perform official business travel, certain additional travel expenses necessarily incurred to reasonably accommodate the employee's disability may be reimbursed under the Federal Travel Regulations.

N. Employees with disabilities may, where appropriate as a reasonable accommodation, utilize work-at-home accommodations or flexiplace work setting.

Section 4 - Affirmative Employment Plans

The Department's Affirmative Employment Plan shall be designed to promote positive opportunities for all employees to contribute to the Department's mission to the maximum extent possible, consistent with EEO principles. The Department shall ensure that where there are situations of under representation, aggressive recruitment and development plans will be implemented. The parties are encouraged to develop Affirmative Employment Plans through partnership with the Union.

A. Affirmative Employment Plans should include, where appropriate, provisions for reviewing individual services to ensure that affirmative employment policy is apparent within the service and making more use of bridge positions and cross-training.

B. The Department will fulfill any labor/management obligation, as appropriate, under law, rule or regulation, with AFGE at the national level prior to submitting the National Affirmative Employment Plan to EEOC for approval. The parties recognize that the National Affirmative Employment Plan must be submitted to EEOC.

C. Local management will fulfill any labor/management obligation, as appropriate under law, rule, or regulation, with AFGE at the local level prior to submitting local Affirmative Employment Plans to the next organizational level where required (for example, to the Department or EEOC). The parties recognize that the local plans must be submitted to headquarters in sufficient time for the Department to meet the EEOC requirement in B above.

Section 5 - Information, Data, and Reports

A. The Department agrees to provide employees access to written information describing the discrimination complaints procedures and their installation's Affirmative Employment Plan(s).

B. The Department agrees to the timely posting of names, pictures, and office telephone numbers of EEO Counselors on designated installation bulletin boards. Management will also provide the local with a current list of its facility EEO Counselors and will update the list as necessary.

C. The Department agrees to provide the Union with copies of the National Affirmative Employment Plan and any other reports submitted to EEOC, including statistical data, in a timely manner.

D. Each installation preparing an Affirmative Employment Plan and any other reports will provide a copy of the same, including statistical data, to the appropriate local union representative in a timely manner.

Section 6 - EEO Counselors

A. The parties agree that proper training will be provided to designated EEO counselors consistent with appropriate EEOC regulations.

B. The Department will assure that EEO counselors are available and accessible to employees who may have a discrimination complaint.

C. The Union, at the local level, may recommend employees for EEO counselor positions.

D. Training on the subject of sexual harassment will be included in the Department's training programs provided to EEO counselors.

Section 7 - EEO Review Committee

A. The parties agree to establish a two- (2) year joint pilot program to assess and improve the Department's EEO Program with the formation of a National EEO Review Committee. The Union and the Department will each appoint a comparable number of representatives to serve on this Committee which will meet during the semi-annual National Labor/Management meetings and other mutually agreed upon times. The Department will provide official-time status, travel, and per diem for up to three (3) Department employees appointed by the Union to serve on the Committee and participate in Committee meetings.

1. The National EEO Review Committee will:

a. Bring to the attention of the Department any trend, problems, issues, or circumstances that upon the Committee's review should be changed to improve the Department's EEO Program.

b. Review EEO and Affirmative Employment Plans and Programs and recommend actions which would contribute to the success or improvement of these programs.

c. Provide advice and assistance regarding specific personnel management practices and problems of an EEO nature which adversely affect employees and/or the Department's mission (e.g., merit promotion procedures, selection for training, distribution of awards, and disciplinary actions).

d. Provide recommendations concerning the communication and promotion of the Department's EEO Program and goals.

e. Serve as a forum for the consideration of ideas submitted by the Union and/or the Department to improve the EEO Program or presented in response to Committee recommendations.

B. At the end of the initial two- (2) year pilot program, the parties agree to evaluate the merits of continuing the Committee's existence using as a principal criterion whether its functions have added value to the Department's mission and improved EEO functions and programs.

C. The membership and operation of the local EEO Advisory Committee is an appropriate subject for local bargaining. Bargaining unit members will be selected with the concurrence of the Union.

Section 8 - Special Emphasis Program Managers

Management will request nominations from the local Union when management is considering individuals to serve as Special Emphasis Program Managers on a collateral duty basis.

Section 9 - Complaints

A. Any employee who wishes to file or has filed an EEO complaint shall be free from coercion, interference, dissuasion, and reprisal.

B. Employees shall choose from available designated EEO counselors for the facility to pursue their complaint.

C. EEO counselors will fully advise employees who seek their assistance of the procedures (including time limits) involved in processing an EEO complaint under the statutory EEO appeals procedure. The EEO counselor will also advise the complainant of the right to file a grievance under the negotiated procedure (See Article 17, Grievance Procedures, Section 3.C). If the employee elects to file a complaint, the employee must choose to file the complaint under the negotiated grievance procedure or the statutory EEO process but not under both. If there is an established dispute resolution procedure, and the aggrieved has agreed to participate in the procedure, there will be an extension of no more than sixty (60) days of the EEO counseling period.

D. The complainant may elect to use an existing Alternative Dispute Resolution (ADR) process; however, the complainant's rights to pursue an EEO complaint are not waived during the ADR process. At the same time, the complainant's responsibilities to comply with all requirements of the EEO process (for example, time limits and points of contact) must be adhered to. In the event that ADR is terminated for any reason, the complainant may continue to pursue an informal resolution of the matter with the EEO counselor or may request a Notice of Final Interview from the EEO counselor. Guidance on the requirements of discrimination complaint appeals will be available in the appropriate administrative office or from an EEO counselor.

E. The representative designated in writing by the EEO complaintant will have the same access to information as the complaintant.

F. Upon request, the Department agrees to provide the Union current statistics concerning discrimination complaints filed by employees.