Reasonable Accommodations

Reasonable Accommodation (RA) is an adjustment or alteration that enables an otherwise qualified individual with a substantially limiting impairment or a record of such an impairment to apply for a job, perform job duties, or enjoy benefits and privileges of employment. There are three categories of reasonable accommodations:

  1. accommodations that are required to ensure equal opportunity in the application process to permit an individual with a disability to be considered for a job (such as providing application forms in alternative formats like large print or Braille);
  2. accommodations that enable employees with disabilities to perform the essential functions of the position held or desired (such as providing sign language interpreters); and
  3. accommodations that enable employees with disabilities to enjoy equal benefits and privileges of employment as enjoyed by employees without disabilities (such as removing physical barriers in an organization's cafeteria).

 

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For more information about the Office of Equality, Diversity, and Inclusion, contact us by phone at 202-453-2063.

Please direct correspondence to:

Alcohol and Tobacco Tax and Trade Bureau
Director, Equality, Diversity, and Inclusion
1310 G Street, NW, Box 12
Washington, DC 20005

 

Page last reviewed: March 4, 2014
Page last updated: November 14, 2018
Maintained by: Office of Equality, Diversity, and Inclusion
 

Personal Assistance Services

Personal Assistance Services (PAS) are "assistance with performing activities of daily living that an individual would typically perform if he or she did not have a disability, and that is not otherwise required as a reasonable accommodation, including, for example, assistance with removing and putting on clothing, eating, and using the restroom."  PAS:

  • do not help individuals with disabilities perform their specific job functions, such as reviewing documents or answering questions that come through a call-in center;
  • differ from services that help an individual to perform job-related tasks, such as sign language interpreters who enable individuals who are deaf to communicate with coworkers, and readers who enable individuals who are blind or have learning disabilities to read printed text.
  • differ from medical services and services that are typically performed by someone who often has the job title of "personal assistant.” 
  • are non-medical services such as helping an individual take off and put on a coat, eat, and use the restroom.  These services are needed by individuals whose specific disabilities make it difficult for them to perform such activities on their own.  

Federal agencies, as an aspect of affirmative action, are required to provide PAS to employees who need them because of a targeted disability unless doing so would impose an undue hardship on the agency.

 

 

Description: http://icons.iconarchive.com/icons/judge/iphone/128/phone-icon.png CONTACT US

For more information about the Office of Equality, Diversity, and Inclusion, contact us by phone at 202-453-2063.

Please direct correspondence to:

Alcohol and Tobacco Tax and Trade Bureau
Director, Equality, Diversity, and Inclusion
1310 G Street, NW, Box 12
Washington, DC 20005

 

Page last reviewed: November 14, 2018
Page last updated: November 15, 2018
Maintained by: Office of Equality, Diversity, and Inclusion

EEO HISTORY

What is EEO?

Equal Employment Opportunity (EEO) is about ensuring that work environments are free from unlawful discrimination and harassment, and provides employees with equal opportunities for jobs, training and development. It was during the 20th century that EEO evolved, and as a result of this evolution, EEO laws and regulation were created.

The Origins of EEO

On September 24, 1965, President Lyndon Johnson issued Executive Order 11246. This Order stated that the head of each executive department and agency shall establish and maintain a positive program of equal employment opportunity for all civilian employees and applicants for employment within its jurisdiction.

This Executive order led to the first EEO Executive Order. On August 8, 1969, former President Richard Nixon signed Executive Order 11478, which required that the United Stated government provide equal opportunity in federal employment for all persons, to prohibit discrimination in employment based on race, sex, age, color, religion, national origin, physical or mental handicap. As a result of this, EEO laws were developed.

There are six Federal laws that prohibit unlawful job discrimination, and one regulation that governs the process of Federal sector discrimination complaints.

Federal EEO Laws

Title VII of the Civil Rights Act of 1964 (Title VII), as amended in 1972
(the Equal Employment Act of 1972 amended Title VII to place Federal government employees and applicants under its coverage) - Prohibits employment discrimination based on race, color, sex, religion or national origin. Title VII also prohibits reprisal or retaliation for participating in the EEO process or for opposing any unlawful employment practice covered by Title VII.

Equal Pay Act (EPA) of 1963
Prohibits employers from paying employees of one sex less wages than those of the opposite sex who perform equal work. Equal work means that the jobs being compared required equal skills, effort and responsibilities, and are performed under similar working conditions.

Age Discrimination in Employment Act (ADEA) of 1967
Prohibits discrimination in employment on the basis of age against individuals 40 years of age or older. Unlike Title VII and the Rehabilitation Act, the ADEA allows persons claiming age discrimination to go directly to court, without going through the administrative complaint process.

Title I and Title V of the Americans with Disabilities Act (ADA) of 1990
Prohibit discrimination against qualified individuals with a disability by private employers, state and local government, employment agencies, and labor unions in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions, and privileges of employment.

Sections 501 and 505 of the Rehabilitation Act of 1973
Prohibit discrimination on the basis of mental and physical disability. It requires Federal agencies to make reasonable accommodation for the known physical or mental limitations of a qualified disabled applicant or employee, unless the agency can demonstrate that the accommodation would impose an undue hardship on the operation of it is program.

Civil Rights Act of 1991
Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws; the Act also provides additional protections. It authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorney's fees and the possibility of jury trials. It also directs the Equal Employment Opportunity Commission (EEOC) to expand its technical assistance and outreach activities.

Title VII and the ADA cover all private employers, state and local governments, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committee controlling apprenticeship and training.

The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.

The EPA covers all employees who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provision of this Act.

Title VII, the ADEA, and the EPA also cover the Federal government. In addition, the Federal government is covered by Section 501 of the Rehabilitation Act of 1973, as amended, which incorporates the requirements of the ADA. However, different procedures are used for processing complaints of Federal discrimination.

Federal EEO Regulation

Title 29 Code of Federal Regulations, Part 1614
Governs the process of Federal sector discrimination complaints. These regulations outline the procedures for complaint processing.

Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) enforces EEO laws and also provides oversight and coordination of all Federal EEO regulations, practices, and policies.

EEOC is an independent Federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964. The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The U.S. President designates a Chairman and Vice Chairman. The Chairman is the Chief Executive Officer of the Commission. The Commission has authority to establish equal employment policies and to approve litigation. The General Counsel is responsible for conducting litigation.

Management Directive 110 Issued by the EEOC which became effective on November 9, 1999. This guidance describes the procedures that must be followed when processing complaints of discrimination filed by current and former Federal employees, and applicants for Federal employment alleging employment discrimination.

Management Directive 715 Provides policy guidance and standards for establishing and maintaining effective affirmative programs of equal employment opportunity. This Directive also sets forth general reporting requirements.

 

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For more information about the Office of Equality, Diversity, and Inclusion, contact us by phone at 202-453-2063.

Please direct correspondence to:

Alcohol and Tobacco Tax and Trade Bureau
Director, Equality, Diversity, and Inclusion
1310 G Street, NW, Box 12
Washington, DC 20005

 

Page last reviewed: August 29, 2014
Page last updated: November 14, 2018
Maintained by: Office of Equality, Diversity, and Inclusion

EEO Discrimination Complaint Process

Informal/Pre-Complaint Stage

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is an equal opportunity employer. Any TTB employee, former employee, or applicant for employment with TTB has a right to file a complaint alleging discrimination if he/she believes he/she has been subjected to employment discrimination due to race, sex, age (40 and over), color, religion, national origin, disability (physical or mental), and/or retaliation for prior EEO activity. All individuals have the right to have a representative present at any stage of the complaint.

If you wish to file a discrimination complaint, you must contact an Equal Employment Opportunity (EEO) Counselor, or the Office of Equality, Diversity, and Inclusion (ED&I), within 45 calendar days of the date of the alleged discriminatory action, or within 45 days of when you knew or reasonably should have known of the alleged discriminatory action. If your complaint involves a personnel action, you must contact an EEO Counselor or ED&I within 45 calendar days of its effective date. If the matter is not a specific action, but an on-going policy or practice, it must have been in effect within 45 calendar days of your contact with the EEO Counselor or ED&I.

EEO Counseling

Once you file an informal EEO complaint, an EEO Counselor will be assigned to advise you of your rights, conduct an informal inquiry into your allegation(s) of discrimination, and attempt to reach an informal resolution of your complaint. If you wish to remain anonymous, your name will be kept confidential during the informal stage (all efforts will be made by the EEO Counselor to ensure your anonymity).

The EEO Counselor will determine if a mutually acceptable informal resolution of your complaint is possible, and if so, the terms of the resolution will be put in writing and signed by you, the responsible management official(s), and the Director of ED&I. If the matter is not resolved within 30 calendar days (unless you agree in writing to extend the counseling period), the EEO Counselor will issue you a Notice of Right to File a Formal Discrimination Complaint. You will have 15 calendar days from the date you receive this Notice to file a written formal complaint.

NOTE: A formal complaint cannot be filed prior to completing the pre-complaint counseling process.

EEO Counselors

Title 29 Code of Federal Regulations (CFR), Part 1614, governs the process of Federal sector discrimination complaints. These regulations outline the procedures for complaint processing. Under these regulations an EEO Counselor is required to:

  • Advise the aggrieved about the EEO Complaint Process, and also, his/her rights and responsibilities.
  • Determine the issues and bases of the complaint. Counsel the aggrieved concerning the issues involved in the complaint.
  • Review the issues and offer Alternative Dispute Resolution to the aggrieved as appropriate.
  • Conduct an informal inquiry into the matter to obtain information to address the concerns, and to attempt resolution.
  • Seek a resolution at the lowest possible level. One of the primary purposes of EEO counseling is to resolve EEO-related matters informally in as short a period as possible.
  • Keep a record of the counseling activities and periodically brief the EEO Director on those activities.
  • Submit a written report to the EEO Director summarizing the actions taken and resolutions obtained concerning the issues in the matter.
  • Provide the aggrieved with the appropriate notices concerning his/her right to file a formal complaint.

NOTE: The EEO Counselor is neither an advocate for management nor for the employee.

TTB EEO Counselors

Dana Boudreau
Field Operations
Tax Audit Division
(202) 453-3101

Tomika Moore
Headquarters Operations
Scientific Services Division
(240) 264-1588

The above EEO Counselors are trained and certified to assist TTB employees and/or applicants for employment, regardless of their geographical location.

If you have any questions regarding the EEO Counseling Program, please contact ED&I at 202-453-2063; TTY: 202-882-9914.

Alternative Dispute Resolution

The Equal Employment Opportunity Commission's (EEOC) Federal Sector Equal Employment Opportunity regulations at 29 CFR Part 1614.102(b)(2) require that Federal agencies "...establish or make available an alternative dispute resolution program. Such a program must be available for both the pre-complaint and formal complaint process."

ADR is a process designed to encourage early intervention and resolution of disputes to maintain a positive, healthy work environment. ADR emphasizes open communication, cooperation, and flexibility in identifying mutual interests and potential solutions. ADR encompasses a variety of processes such as Facilitation, Ombudsman and Mediation. The Department of the Treasury has chosen Mediation as its preferred method for attempting to resolve employment discrimination disputes.

ED&I will not offer mediation to employees in every EEO case. ED&I evaluates cases on an individual basis and considers appropriate factors, including, but not limited to: the nature of the case, issues involved, relationship between the parties, and remedies requested by the aggrieved.

Mediation

Mediation promotes a renewed positive working relationship between the parties involved. All conversations and materials produced during mediation are confidential to the maximum extent possible except in cases of waste, fraud, abuse or criminal activity. Mediators are strictly prohibited from discussing the case with anyone outside the mediation process.

The EEO mediation process uses a neutral third party, or mediator, to facilitate conflict resolution. A mediator is trained in conflict resolution and does not take sides, render a decision, or impose settlements. Rather, the mediator helps the parties explore mutual interests and reconcile differences.

Once mediation is offered and accepted, and both parties to the dispute agree to mediate, a mediator will be assigned to conduct mediation. The management official involved has a duty to participate in the session and attempt resolution in good faith. If the manager involved in the dispute does not have settlement authority, a management official with this authority must be easily accessible to approve any resolution reached. If an agreement is reached, a Memorandum of Agreement is drafted and signed by both parties, as well as the Director of ED&I. If resolution is not reached, the dispute continues through the EEO administrative complaint process.

For more information on ADR, please see TTB's Alternative Dispute Resolution Directive.

Formal Complaint Stage

Formal Complaint Process

If no informal resolution is reached within 30 calendar days of the date you filed your informal complaint, the EEO Counselor must, on the 30 th day, issue you a written Notice of Right to File a Formal Complaint (unless you agree in writing to extend the counseling period). You have 15 calendar days from the date you receive this Notice to file a written formal complaint with the Treasury Complaint Center. The Center will review your complaint for acceptance or dismissal. If your complaint is accepted, an investigator will be assigned to conduct an investigation. Upon completion of the investigation, you will be given a copy of the Report of Investigation (ROI). Within 30 days of receipt of the ROI, you may request a hearing or a final decision by the Department.

Adjudication Process

If you ask for a hearing, a request is made to the Equal Employment Opportunity Commission (EEOC) for assignment of an Administrative Judge (AJ). The AJ will issue to the Department a decision on your complaint within 180 days of receipt of the complaint file. The Department will then issue a final order within 40 days of receipt of the AJ's decision.

If instead of requesting a hearing, you ask for an immediate Final Agency Decision (FAD), the Department will issue one within 60 days of receipt of your request.

Appeal Process

You have the right to appeal the Department's final decision to EEOC's Office of Federal Operations (OFO) within 30 calendar days, or to file a civil action in the Federal District Court (FDC) within 90 calendar days of the Department's decision. If you elect to appeal to EEOC's OFO, you may file a civil action in FDC within 90 days of EEOC's decision on the appeal. You may also file a civil action in the FDC if final action on your complaint is not taken by the Department within 180 days of filing, or if final action is not taken on an appeal to the OFO within 180 days of filing.

NOTE: If your complaint is not related to discrimination, sexual harassment, or discriminatory reprisal, you should address your issue(s) to the Office of Human Resources and/or to the union (if you are covered under the Negotiated Agreement) for appropriate action.

Title VI and IX Section 504 Rehabilitation Act

The Alcohol Tobacco Tax and Trade Bureau must comply with Section 504 of the Rehabilitation Act prohibiting discrimination based on disability in its conducted programs and activities. Any person who believes they have been discriminated against based on their disability may submit a written complaint to Tram-Tiara Ngo, Director, Office of Equality, Diversity, and Inclusion, 1310 G Street, NW, Box 12 Washington, DC 20005.

In addition, Alcohol Tobacco Tax and Trade Bureau recipients and sub-recipients of financial assistance must comply with Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination including language access for limited English proficient persons), Section 504 of the Rehabilitation Act of 1973 (prohibiting disability discrimination), Title IX of the Education Amendments of 1972 (prohibiting sex discrimination in education and training programs), and the Age Discrimination Act of 1975 (prohibiting age discrimination in the provision of services). Any person who believes they have been discriminated against based on their race, color, national origin, age, sex, or disability may submit a written complaint to Tram-Tiara Ngo, Director, Office of Equality, Diversity, and Inclusion, 1310 G Street, NW, Box 12 Washington, DC 20005.

 

 

Description: http://icons.iconarchive.com/icons/judge/iphone/128/phone-icon.png CONTACT US

For more information about the Office of Equality, Diversity, and Inclusion, contact us by phone at 202-453-2063.

Please direct correspondence to:

Alcohol and Tobacco Tax and Trade Bureau
Director, Equality, Diversity, and Inclusion
1310 G Street, NW, Box 12
Washington, DC 20005

 

Page last reviewed: December 24, 2013
Page last updated: February 27, 2018
Maintained by: Office of Equality, Diversity, and Inclusion