The Department of the Navy (DON) is committed to a culture of respect where EEO is not only the law, but is recognized as laying the foundation for an environment where everyone is valued, understood, and included. Equality of opportunity is an essential element of readiness and is vital for attracting, developing and retaining a top-quality workforce to accomplish the DON and MCLB strategic mission.
Federal law makes it illegal to discriminate against employees or applicants for employment on the basis of race, color, religion, sex (including gender, sexual orientation and pregnancy), national origin, disability, genetic information or age (40 or older). A person who files an EEO complaint, participates in an investigation of a complaint, or opposes an illegal employment practice is protected from retaliation.
Employees or applicants who believe they have been discriminated against have the right to file a complaint of discrimination.
How to file a complaint
If you believe you have been subject to discrimination, you must contact an EEO counselor within 45 calendar days from the date of the matter alleged to be discriminatory — or in the case of a personnel action, within 45 calendar days of its effective date. If you make contact after 45 calendar days, you will still receive EEO pre-complaint counseling; however, if you file a formal complaint, it may be dismissed for untimeliness.
Once contact has been made, the EEO counselor will schedule an initial interview to go over the complaint process, including your rights and responsibilities.
Questions or comments? Contact the MCLB EEO Office at (229) 639-5250
EEO Deputy Director 229-639-7268
EEO Complaints Specialist 229-639-5275
EEO Reasonable Accommodation Specialist 229-639-5225
29 CFR 1614: Federal Sector Equal Employment Opportunity
EEOC MD 715: EEO Reporting Requirements for Federal Agencies
EEOC MD 110: Federal Sector EEO Complaints
SECNAV INSTRUCTION 12713.14 Equal Employment Opportunity
CHRM 1606: Procedures for Processing Request for a Reasonable Accommodation
- Anti-Harassment and Prevention of Sexual Harassment Policy
- Diversity and Inclusion Policy
- Military Equal Opportunity and Civilian Equal Employment Opportunity Policy
- Sexual Assault Prevention and Response Policy
Alternative Dispute Resolution
The Department of the Navy (DON)’s Alternative Dispute Resolution (ADR) Program provides Navy and Marine Corps employees and management alternatives to formal administrative procedures and litigation to the maximum extent practical.
What is ADR?
ADR is a process used for parties or groups in conflict. It involves a third-party neutral who will guide parties towards open communication and resolution. EEO complaints, grievances and non-EEO workplace disputes can be addressed through the ADR process.
Forms of ADR
The form of ADR generally used:
- Mediation is a process in which a neutral person facilitates discussions between two or more parties to help them arrive at a resolution of the dispute. This form of ADR is used primarily for resolving EEO complaints and grievances.
Potential outcomes of ADR
- Streamline processes;
- Increase likelihood of accelerated resolution;
- Improve working relationships;
- Mend uncomfortable working environments; and
- Save time and money for all parties.
Get started with ADR
- To learn more or request ADR, call the MCLB EEO Office
What is reasonable accommodation?
An accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.
Accommodations include modifications or adjustments to:
- A job application process;
- The work environment; or
- Equal benefits and privileges of employment.
Why do you offer reasonable accommodation?
The Department of the Navy and MCLB support applicants and employees with disabilities as valued members of the workforce.
Additionally, Federal law requires employers to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless doing so would cause an undue hardship.
How does the reasonable accommodation process work?
This is an overview of our reasonable accommodation process. The sections that follow have additional information.
- You, or your representative, make a reasonable accommodation request.
- Your request is documented, and an interactive process begins between you, your supervisor, a reasonable accommodation point of contact, Human Resources Office, and Legal Advisor as appropriate. We may request supporting medical documentation.
- Your supervisor works with the reasonable accommodation point of contact and other appropriate parties to review your request.
- Your supervisor decides whether to approve or deny your request and notifies you in writing.
- If we approve your request:
Your supervisor will tell you what accommodation will be provided and when it will be available.
The accommodation may be different from your original request.
- If we deny your request:
Your supervisor will tell you why your request was denied, and how to exercise your right to request reconsideration, use alternative dispute resolution or file an equal employment opportunity complaint or grievance.
How can I request reasonable accommodation?
- You can make your request verbally or in writing.
- You can use plain English. You don’t need to mention the Americans with Disabilities Act, Rehabilitation Act or the phrase “reasonable accommodation.”
- You don’t need to have a particular accommodation in mind.
- If you make a written request, you don’t need to use a specific form to start the process.
Who can take my reasonable accommodation request?
You can request reasonable accommodation from:
- A supervisor or manager within your chain of command; or
- A reasonable accommodation point of contact at the Equal Employment Opportunity office serving your organization.
You can request reasonable accommodation from:
- A reasonable accommodation point of contact at the Equal Employment Opportunity office serving the organization you’re applying.
You can designate a representative to request reasonable accommodation for you from someone in the previous lists.
A reasonable accommodation point of contact can also provide additional reasonable accommodation information, or the Navy’s reasonable accommodation form in an alternative format.
What happens after I request reasonable accommodation?
The official that receives your request will acknowledge and document it, and contact the reasonable accommodation point of contact at the Equal Employment Opportunity office.
The reasonable accommodation point of contact will contact you to coordinate a discussion between you, your supervisor, the reasonable accommodation point of contact and other appropriate parties. This interactive process will help to determine your accommodation needs and our obligation and ability to meet those needs. During this process, you may be asked about the nature of your disability or condition, any limitations and possible accommodation options.
The interactive process continues as needed throughout the processing of your request, and helps determine whether additional medical documentation is necessary, establishes information about the essential functions of the position and how they can be performed, and determines the appropriate accommodation if you are a qualified individual with a disability.
If you’re submitting a request for a current employee, we’ll ask you or your representative to complete a reasonable accommodation form as part of this process. We don’t generally ask applicants to do so.
Can my supervisor ask for medical documentation?
Yes. You may be required to provide medical documentation to explain the nature of your disability, if it’s not obvious (e.g., cognitive disability or back problems); the need for reasonable accommodation; and how the requested accommodation will assist you in applying for a job, performing the job or enjoying the benefits and privileges of the workplace.
You should provide any requested documentation promptly. We don’t count the time it takes to receive medical documentation as part of your request’s 30 calendar day processing time.
You will only be asked for relevant medical documentation and they are obligated to keep it confidential and securely stored, and to only share it with those with an official need to know.
If the medical information provided is not sufficient, we have the right to request relevant supplemental medical information, and to have the medical information reviewed by a medical expert of our choice, at our expense.
How long will it take to process my request?
The Department of the Navy requires that requests for reasonable accommodation be decided within 30 calendar days of the initial request unless there are extenuating circumstances.
We will provide expedited processing of requests that are needed sooner, when reasonably possible. If an accommodation can be provided sooner than 30 calendar days, then failure to do so could be considered a violation of the Rehabilitation Act.
If there is a delay in processing your request, we must notify you in writing of the reason for the delay.
What if I can’t perform the essential functions of my position?
If you’re a current employee and can’t perform the essential functions of your position, we must explore a reassignment.
Human Resources staff and management will conduct an internal job search for vacant funded positions you are minimally qualified for, and can perform with or without reasonable accommodation. If you are being considered for reassignment, you should provide a resume and other requested information in a timely manner.
If we find a matching position, an interactive process may occur with the prospective supervisor.
If we offer a reassignment, we will do so in writing. If you decline the offer, your request for reasonable accommodation will be denied.
If you’re an applicant, you aren’t eligible for reassignment.
What if my request is approved?
Your supervisor or hiring manager will notify you in writing if your reasonable accommodation request is approved. The approval will tell you what accommodation will be provided and when it will be available.
We may provide various reasonable accommodation options, as long as the option we choose is effective and meets your medical limitations. We aren’t required by law to provide the specific accommodation you or your medical provider have requested.
If necessary, an interim accommodation may be provided until the final accommodation is available.
What if my request is denied?
Your supervisor or hiring manager will notify you in writing. The denial will tell you why your request was denied, and explain how to exercise your right to request reconsideration or alternative dispute resolution, or to file an Equal Employment Opportunity complaint or grievance.
If you choose to file an Equal Employment Opportunity complaint, you must request contact with an Equal Employment Opportunity counselor within 45 calendar days of receiving the denial notice, even if you request alternative dispute resolution.
In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. Some examples of reasonable accommodations include:
- Making existing facilities accessible;
- Job restructuring;
- Modified work schedules;
- Acquiring or modifying equipment;
- Changing tests, training materials, or policies;
- Providing qualified readers or interpreters; and
- For current employees, reassignment to a vacant position once it is deemed that is the appropriate action after all other accommodations have been explored. (Applicants aren’t eligible for reassignment.)
Not everyone with a medical condition is protected by the law with respect to employment. In order to be protected, a person must be qualified for the job and have a disability as defined by the law. People can show that they have a disability if they:
- Have a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning);
- Have a history of a disability (such as cancer that is in remission); or
- Are believed to have a physical or mental impairment that is not transitory and minor (even if they don’t have such an impairment).
An essential function is a fundamental duty of a position.
The employer and the individual with a disability should engage in an informal process, known as the interactive discussion, to clarify what the individual needs and identify the appropriate reasonable accommodation. This should occur as often as needed throughout the reasonable accommodation process.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job.
Undue hardship means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.
U.S. Equal Employment Opportunity Commission