CBP’s goal is to provide all employees with opportunities to realize their full potential and have successful careers in an inclusive work environment that embraces diversity.
Our diversity and inclusion management principles value not only having a workforce that includes individuals of varied races, religions, ages, national origins, genders, parental status, sexual orientations, and gender identities and expresses, but also having a workforce that embraces differences in approaches, insights, ability, and experience.
Simply put, diversity means difference – individuality – unique – and it means variety. Diversity is also that set of characteristics, experiences, and values that cannot be changed which define an individual such as national origin, age, language, race, color, and ethnicity. Diversity also includes characteristics that define an individual which may change or that occur naturally such as religion, gender identity, socioeconomic level, veteran status, education level and family structure.
Inclusion is best exemplified in a work culture that encourages collaboration, learning from differences, flexibility, fairness and equal opportunity which collectively enhance organizational effectiveness. Inclusion leverages diversity throughout an organization so that all individuals are able to participate and contribute to their fullest potential.
- Get beyond individual bias or misconceptions about others.
- Make better use of the individual talent and experiences of coworkers and subordinates.
- Access a variety of viewpoints and experiences.
- Feeling of inclusion results in higher employee engagement and productivity.
- Enhances working relationships.
Diversity and Inclusion Program Committees are utilized to achieve CBP’s organizational goal to improve diversity awareness and inclusion within our workforce. The committees exist at most CBP locations and engage in planning events and activities to enhance culture awareness, appreciation, and community outreach.
DIPC members do not have the authority to handle EEO complaint matters. Therefore, the person who wants to present an EEO complaint matter should be referred to the servicing DCR Officer.
The key is to be creative. An effective and educational diversity and inclusion program does not have to be expensive. Examples include displays, showing of relevant videos, local speakers at lunch ‘n learns, and cultural food sampling provided by employees.
Supervisors’ support of DIPCs may include:
- Volunteering to serve on local DIPC. All CBP employees, regardless of grade or title are encouraged to be active on local committees.
- Encourage subordinates to become members of the DIPC, and support their interest in doing so.
- Participate in and/or contribute to local diversity and inclusion events and observance programs. This goes beyond just attending the events. Perhaps you have ethnic artifacts that you would like to loan for a display, or you are willing to serve as a guest speaker for a program, or know someone who would be interested in doing so.
Yes. It is a violation of the Rehabilitation Act of 1973, as amended, to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of CBP’s programs. Undue hardship means that the accommodation would require significant difficulty or expense.
Reasonable accommodation is any change or adjustment to a job or work environment to enable a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
- acquiring or modifying equipment or devices,
- job restructuring,
- part-time or modified work schedules,
- reassignment to a vacant position,
- adjusting or modifying examinations, training materials or policies,
- providing readers and interpreters, and
- making the workplace readily accessible to and usable by people with disabilities.
CBP Employee: The first step is to make the request to your immediate supervisor, another management official in the chain of command, or a staff member assigned to PDO’s Diversity Programs. Your request will be assigned to a PDO staff member to facilitate the interactive process to determine whether you are a qualified individual with a disability, and if so, to determine a reasonable accommodation that will enable you to perform job functions or receive benefits and privileges of employment. To ensure that CBP maintains accurate records regarding requests for reasonable accommodation, you will be asked to provide written confirmation of the request by completing the "CBP Request for Reasonable Accommodation Form."
CBP Applicant: Requests for reasonable accommodation to participate in the application process must be submitted to the HRM staff member identified on the job opportunity announcement or the Office of Personnel Management (OPM) when OPM is the agency that is administering assessments to applicants. Requests for reasonable accommodation to participate in pre-employment polygraph examinations must be submitted to the Office of Internal Affairs, Credibility and Assessment Division, prior to the date of the exam.
CBP’s reasonable accommodation procedures may be accessed at CBP Directive No. 51713-007A - Reasonable Accommodation Procedures for Applicants and Employees with Disabilities.
The individual and agency should engage in an "interactive process" to determine whether and what type accommodation is appropriate. This involves an informal discussion with the requester, facilitated by the assigned PDO staff member, to determine a suitable accommodation. The employee shares responsibility for making the interactive process work by providing information that the agency reasonably needs to evaluate the accommodation request. For example, the agency may ask the employee for suggested accommodation solutions and preferences or for supporting medical information for a number of reasons—for example, to verify the existence of a disability if it is not obvious and/or to understand the employee’s limitations so that an accommodation can be identified that addresses the specific limitations.
The requirement generally will be triggered by a request from an individual with a disability, who frequently can suggest an appropriate accommodation. Accommodations must be made on a case-by-case basis, because the nature and extent of a disabling condition and the requirements of the job will vary. The principal test in selecting a particular type of accommodation is that of effectiveness, i.e., whether the accommodation will enable the person with a disability to perform the essential functions of the job. It need not be the best accommodation or the accommodation the individual with a disability would prefer, although consideration is given to the preference of the individual involved. However, the local senior management official serving as the Decision-maker will have final discretion to choose between effective accommodations, and s/he may select one that is least expensive or easier to provide.
No. CBP’s obligation to provide reasonable accommodation applies only to known physical or mental limitations that substantially limit one or more major life activities or there is a record of impairment. Management does not assume that an employee with even an obvious disability cannot perform the functions of his/her job. Thus, an employee needs to inform the employer if any limitations associated with the employee’s disability require an accommodation.
When a qualified employee with a disability is unable to perform his or her present job even with the provision of a reasonable accommodation, CBP must consider reassigning the employee to an existing position that she can perform with or without a reasonable accommodation. The requirement to consider reassignment applies only to employees and not to applicants. In attempting to reassign an employee as an accommodation, CBP will seek vacant funded positions for positions that the employee is qualified to perform. CBP is not required to create a position or to bump another employee in order to create a vacancy. Nor is CBP required to promote an employee with a disability to a higher level position.
Yes, such a person is protected. The determination as to whether a person has a disability under the Rehabilitation Act is made without regard to mitigating measures, such as medications, auxiliary aids and reasonable accommodations. If an individual has an impairment that substantially limits a major life activity, she is protected under the Rehabilitation Act, regardless of the fact that the disease or condition or its effects may be corrected or controlled. However, a person with such a disability may not need accommodating if the disability is not currently interfering with the employee’s ability to perform his/her job duties.
No. Recreational or social users of alcohol or drugs are not protected under the Rehabilitation Act. The Act does, however, protect rehabilitated alcoholics and rehabilitated drug abusers as well as those who are undergoing rehabilitation, provided that such individuals can still perform the functions of their job. However, the fact that a recovering alcoholic or drug addict is covered by the Rehabilitation Act will not protect that employee from the consequences of his or her misconduct, even if the misconduct is associated with the alcoholism or other addiction.
No. Federal law requires agencies to provide reasonable accommodations for disability, but pregnancy is not considered a disability. However, if an employee has a pregnancy-related medical condition or temporary disability relating to pregnancy, the employer must treat the employee the same way it treats other employees who have other medical conditions and/or temporary disabilities. In addition, certain medical conditions relating to pregnancy, for example, gestational diabetes may be considered disabilities, a determination that must be made on a case-by-case basis.
No. Only qualified applicants and employees with disabilities are entitled to reasonable accommodation. For example, the Rehabilitation Act would not require an employer to modify its leave policy for an employee who needs time off to care for a child with a disability. However, an employer must avoid treating an employee differently than other employees because of his or her association with a person with a disability. Although not eligible for a reasonable accommodation, CBP employees who face difficulties because of such circumstances are encouraged to speak with the immediate supervisor to discuss available alternatives and to contact the Employee Assistance Program for support or assistance.
Yes. It is a violation of Title VII of the Civil Rights Act of 1964 to fail to provide a reasonable accommodation for the religious beliefs and/or practices of employees and applicants for employment unless providing a reasonable accommodation would result in undue hardship to CBP. Undue hardship means more than de minimis cost or burden on the operation of CBP. Note that this is a lower standard to meet than undue hardship under the Rehabilitation Act, which is defined in that statute as "significant difficulty or expense."
A religious accommodation is a modification or adjustment to the application process or the work environment to allow the individual to practice his or her religious beliefs without creating an undue hardship on CBP.
Title VII defines religion very broadly for purposes of determining what the law covers. Religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others. An employee’s belief or practice can be "religious" even if the employee is affiliated with a religious group that does not espouse or recognize that individual’s belief or practice, or if few – or no – other people adhere to it.
Religious observances or practices include, for example, attending worship services, praying, wearing religious garb or symbols, displaying religious objects, adhering to certain dietary rules, proselytizing or other forms of religious expression, or refraining from certain activities. Whether a practice is religious depends on the employee’s motivation. The same practice might be engaged in by one person for religious reasons and by another person for purely secular reasons (e.g., dietary restrictions, tattoos, etc.).
CBP Employee: Employees seeking a religious accommodation must submit their request through their immediate supervisor. To ensure that CBP maintains accurate records regarding requests for religious accommodation, the receiving supervisor will ask the employee to complete the "CBP Religious Accommodation Request Form." The request will be assigned to an PDO staff member to facilitate the interactive process between the employee and the management official to determine the appropriate accommodation under the circumstances.
CBP Applicant: An applicant requesting religious accommodation for any stage of the application process must submit a request for religious accommodation to the Indianapolis or Minneapolis Hiring Center, as applicable. Requests for reasonable accommodation to participate in pre-employment polygraph examinations must be submitted to the Office of Internal Affairs, Credibility and Assessment Division, prior to the date of the exam.
CBP’s religious accommodation policy may be accessed at CBP Directive No. 51713-012, Reasonable Accommodation for Religious Beliefs and Practices.
Employer-employee cooperation and flexibility are key to the search for a reasonable religious accommodation. If the accommodation solution is not immediately apparent, an appropriate management official in a session facilitated by the assigned DCR staff member will discuss the request with the employee to determine what accommodations might be effective. If CBP requests additional information reasonably needed to evaluate the request, the employee should provide it. For example, if an employee has requested a schedule change to accommodate daily prayers, CBP may need to ask for information about the religious observance, such as time and duration of the daily prayers, in order to determine whether accommodation can be granted without posing an undue hardship on the operation of CBP. Moreover, even if the employer does not grant the employee’s preferred accommodation, but instead provides an alternative accommodation, the employee must cooperate by attempting to meet his or her religious needs through the proposed accommodation.
Federal law requires agencies to provide employees reasonable accommodation for employees’ religious beliefs and practices. Thus, you are entitled to a religious accommodation to attend your weekly religious service, but the accommodation you are entitled to will not necessarily be a permanent shift assignment. The accommodation will depend on the needs of the agency. If you need a change in schedule or other change to accommodate your religion, you should make a reasonable accommodation request to your immediate supervisor.
Civil rights and civil liberties are the rights enumerated in the U.S. Constitution, Federal statutes, and regulations, including freedom from discrimination on the grounds of race, sex, religion, national origin, age, disability, or genetic information, freedom of speech, free exercise of religion, due process of law, appropriate conditions of confinement, and protection from excessive force, unreasonable searches and seizures, and unlawful intrusions into personal privacy.
The invidious use of race or ethnicity as a criterion in conducting stops, searches, inspections, and other law enforcement activities based on the erroneous assumption that a person of one race or ethnicity is more likely to commit a crime than a person of another race or ethnicity.
Pursuant to DHS policy, civil rights and civil liberties complaints from the general public may be investigated by the Office of Inspector General, DHS Civil Rights and Civil Liberties, or the DHS component where the complaint arose. These complaints may include allegations of racial, ethnic, or religious profiling; disability discrimination; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, and gender identity.
Employees who are found to have engaged in racial profiling or who are found to have violated the civil rights or civil liberties of someone they come into contact with as part of the job are subject to disciplinary action.
If you observe such a violation, you should report the alleged misconduct to the Joint Intake Center at 1-877-2INTAKE or Joint.Intake@dhs.gov; the Immigration and Customs Enforcement, Office of Professional Responsibility; the Office of Inspector General (OIG) at 1-800-323-8603 or through the DHS OIG Online Allegation Form.
If a member of the public reports a violation to you, you should refer them to these numbers and recommend that the person make a report.
Equal Employment Opportunity is fair treatment in employment, promotion, training, and other personnel actions without regard to race, color, religion, sex (which includes gender, sexual harassment, and pregnancy), age, national origin, reprisal (for prior EEO activity), physical or mental disability, genetic information, status as a parent, and sexual orientation. To make sure that all Federal employees and applicants for employment with the Federal Government are provided this opportunity, certain laws and regulations were issued containing the legal basis for EEO programs in Federal agencies.
An EEO complaint is an allegation of discrimination because of membership in a protected class covered under the Federal anti-discrimination laws or Executive Orders.
Yes. During the Pre-Complaint process, a complaint can be filed even if your issue does not allege unlawful discrimination; however, to move to the next stage in the process, this type of complaint would be dismissed for failing to state a valid claim of discrimination. Therefore, first consider discussing the matter with your supervisor to work through a resolution to your issue. Additionally, there are other avenues to consider if the issue bringing you concern is not based on unlawful discrimination. Some of these avenues may include:
- An appeal to the Merit Systems Protection Board (MSPB) where an action is otherwise appealable to the Board and the employee alleges that the basis for the action was discrimination prohibited by Federal law;
- A complaint of possible prohibited personnel practice with the Office of Special Counsel; and/or
- A negotiated or administrative grievance.
The first step is to seek informal EEO counseling by contacting CBP's Privacy and Diversity (PDO) Complaint Intake Hotline at (1-877) MY-EEO-HELP (1-877-693-3643); by submitting a Request for EEO Counseling; or by contacting your servicing DCR Officer. To preserve the right to file a formal EEO complaint, individuals who believe they have been subjected to unlawful discrimination must seek informal EEO counseling within 45 calendar days of the alleged discriminatory act. The allegation will be assigned to a PDO staff member to conduct informal EEO counseling. At the initial interview, the EEO counselor will explain the EEO complaint process and the option to participate in mediation.
While you have the right to be accompanied and advised by a representative at every stage of the EEO process, as long as there is no conflict of interest or position, you do not need to have a representative. If you choose to be represented during the informal EEO counseling process, you must complete a Designation of Representative Form and submit it to the appropriate EEO official.
You should be prepared to provide information and describe the what, when and how you were discriminated against. Be prepared to provide the full names of the involved persons, dates of the incidents, and to discuss what remedies could resolve the issues.
Official time (administrative leave) is appropriate when CBP employees who participate in the equal employment opportunity complaint process as complainants, witnesses, and/or representatives are requested or required to participate during an official administrative (informal and formal) EEO complaint process. Official time must be requested and approved in advance. It is not authorized for participation in federal court EEO proceedings.
No. Prohibiting employees from speaking in a language other than English could be considered discrimination based on national origin. However, an office policy may be established that requires employees to speak only English at certain times when not doing so would adversely impact work duties, tasks, and communication.
Sexual harassment is the unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment. Discriminatory harassment is any unwelcome, typically repeated offensive conduct that is directed at an individual because of his/her membership in a legally protected class. (Protected classes are based on federal law or Executive Order: race, sex, age, disability, religion, national origin, color, reprisal, genetic information, sexual orientation, and status as a parent.)
Yes. In some cases behavior intended as a joke can be considered unlawful discriminatory harassment. Harassment is unwanted, unsolicited, unwelcome, repeated, and/or offensive, comments, materials, and/or behavior that demeans, belittles, intimidates, or humiliates another person because of their protected status under the law or Executive Order (i.e., race, color, sex, national origin, religion, disability, age, sexual orientation, status as a parent, genetic information, and/or reprisal). Unlawful discriminatory harassment can be verbal, physical, or non-verbal, and it violates federal law if it is sufficiently severe or pervasive to alter the conditions of employment and creates a hostile work environment. The test for determining whether conduct is harassing is not on what the person who engages in the conduct intended but on how such conduct would be perceived by a reasonable employee.
Yes. This type of behavior is inappropriate in the work place and in some instances may be considered as discriminatory if directed toward an individual or group because of their protected status under the law. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people and is sufficiently severe to alter the conditions of employment. Racial or ethnic slurs directed to or in the presence of a person will almost always be considered harassment. See EEOC’s definition of Harassment.
Yes. Ethnic slurs may constitute harassment if they create an offensive work environment or interfere with an individual's work performance or equal employment opportunities. Discrimination based on national origin and race is in violation of Title VII of the Civil Rights Act of 1964, as amended. Racial or ethnic slurs directed to or in the presence of a person will almost always be considered harassment.
CBP employees have an obligation to report misconduct, including discriminatory or harassing behavior, to the Joint Intake Center at 1-877-2INTAKE or Joint.Intake@dhs.gov; the Immigration and Customs Enforcement, Office of Professional Responsibility; or the Office of Inspector General at 1-800-323-8603 or DHSOIGHOTLINE@dhs.gov.
Mediation is a process for resolving conflicts in which a mediator assists the parties to discuss their issues and reach a mutually acceptable resolution.
The benefits of mediation include:
- Voluntary in nature – Participation by voluntary agreement;
- Informality – Absence of complicated procedure, documentation, witness testimony, investigation, and formal records;
- Opportunity for early dialogue – Early discussion before possible escalation of issue;
- The presence of a neutral third party to facilitate discussion– A resolution is not imposed by the neutral third party, rather the mediator is there to facilitate productive discussion between the parties;
- Opportunity to reach creative resolution – The parties, in most instances, are free to explore creative solutions to the issues presented;
- The process is confidential – Participants sign a pledge of confidentiality prior to the session, and nothing said during the mediation session will be used in future proceeding if the matter is not resolved during mediation;
- Allows the parties to take a proactive approach – Mediation allows the parties to take a hands-on approach to resolving their issues without proceeding to the formal administrative process and then possibly to federal court; and
- Fast – Mediation, in most cases, will allow the parties to resolve issues in a matter of days, and return to a productive working relationship.
The mediator, a third party trained neutral, facilitates the process. The mediator will be an impartial third party, with no personal interests in the resolution and no preconceived bias as to how the dispute should be resolved. Mediators help parties clarify the issues in the dispute, identify interests, and explore potential solutions acceptable to all. Mediators must ensure confidentiality, which includes destroying all written notes taken during the process. Mediators have no authority to make or impose a decision or judge the merits of the dispute.
The mediator, the complainant, and the management official should be present. All parties can have representatives, who may also be present for the session only with consent from all parties, in advance of the session.
This initial step of the mediation process begins with a joint session. At the beginning of the joint session, the mediator clarifies his/her role in the mediation process and those of the parties. Next, each party to the dispute tells his or her side of the story without interruption. Following the joint session, the mediator meets with each party separately- this is known as a caucus which is designed to discuss the issues in greater detail and to gain a better sense of how the parties would like the issues resolved. During the individual caucuses, the mediator attempts to help the parties identify relevant issues, dismiss possible misconceptions based on inadequate or lack of information, and try to find a meaningful way to solve their problem that benefits both parties. After the caucuses, the mediator meets again with the parties jointly and encourages the parties to discuss their issues using interest-based techniques.
After the parties agree to resolve the issues presented during mediation, the mediator will ask the parties to enter into a tentative agreement. The terms of agreement will be captured by the mediator, reviewed with the parties, and sent to the EEO Counselor to draft a binding settlement agreement. All parties shall be given an opportunity to review the agreement and after the parties sign the final agreement, the complaint is resolved and no further processing is required. PDO will monitor the implementation of the terms of agreement.
If the issues are not resolved through mediation, the mediator will ask the parties to complete a mediation evaluation form. The mediator will instruct the parties that the matter will be referred back to the assigned EEO counselor. The EEO counselor will hold a final interview with the complainant. At this point, the complainant has the option of withdrawing the informal complaint or receiving a Notice of Right to File a Discrimination (NORTF) Complaint letter which affords him/her the opportunity to file a formal complaint.
An EEO complaint becomes formal when the Complainant completes the DHS Formal Complaint Form 3090, provided to them by their EEO Counselor at the conclusion of counseling, and that form is filed within 15 calendar days from receipt of the Notice of Right to File (NORTF) letter with the Privacy and Diversity Office, Complaints Management and Investigations Group (CMIG).
The complaint form must be signed by the aggrieved party or the party's attorney. The complaint must include the telephone number and the address of the complainant and/or the chosen representative. The complaint itself must precisely identify the complainant and agency. A general description of the alleged discriminatory action or practice must also be included.
The Complaints Management and Investigations Group will acknowledge receipt of the complaint in writing and inform the complainant of his/her rights during the formal complaint process.
Upon receipt of the Notice of Right to File (NORTF), the decision will be made to either dismiss or investigate the claim. If insufficient information is included in the formal complaint in order to determine what action to take on the allegations, the Complaints Management and Investigations Group will contact the Complainant and request additional information.
The Complainant has a duty to respond to requests for addition information made by the Complaints Management and Investigations Group. Failure to respond in the specified time limits may result in dismissal of the formal complaint.
If another issue of discrimination arises during the course of the investigation, a Complainant may request to amend the complaint at any time prior to the conclusion of the investigation. The Complainant must make this request in writing to the Complaints Management and Investigations Group (CMIG) that outlines the new issue and explain why the Complainant believes this new issue to be discriminatory. This request must be signed and dated by the Complainant. It is up to the CMIG to accept or dismiss the amendment as it must be "like or related" to the current claims accepted for investigation.
Any employee who is covered by the National Treasury Employees’ Union (NTEU) Collective Bargaining Agreement (CBA) who believes that he or she has been discriminated against because of race, color, religion, sex, national origin, age, disability, or reprisal for filing a claim on one of these bases, except where required by statute or pursuant to bona fide occupational qualifications may file a grievance.
Any federal employee may initiate a statutory complaint of discrimination under EEOC regulation 29 C.F.R. §1614.
- The terms of this Agreement apply to all professional and nonprofessional CBP employees, excluding: Employees in the Office of Border Patrol assigned to Border Patrol Sectors; Employees of the Office of Chief Counsel; Management officials, supervisors, and other employees excluded from the bargaining unit in accordance with 5 U.S.C. § 7112(b) (2), (3), (4), (6) and (7).
- Discrimination bases under applicable Federal law and Executive Orders include: race, sex, religion, color, national origin, reprisal (for prior EEO activity), disability, age, genetic information, status as a parent, and sexual orientation.
If your complaint is dismissed in its entirety, the Department of Homeland Security, Office of Civil Rights and Civil Liberties will issue a final agency decision to notify you in writing of the reason your claim is being dismissed. The dismissal is appealable to the EEOC.
An EEO Investigator will be assigned to conduct the EEO investigation. You will be notified in writing of the issues accepted for investigation and the name of the investigator, who is authorized to conduct the investigation. In most instances, CBP’s EEO Investigators are full-time CBP employees assigned to the Privacy and Diversity Office, Complaints Management and Investigations Group.
The EEO investigator reviews the complaint to determine if it meets the requirements for acceptance. If the claim is accepted, the assigned EEO Investigator will conduct the investigation within 180 calendar days from the filing date of the claim. The investigator serves as an unbiased fact gatherer identifying and securing information through interviews of witnesses and review of written records. This information is compiled into an investigative file which must be thorough enough to enable an appointed decision maker to make a final decision as to whether unlawful employment discrimination occurred with regard to the claims investigated.
An impartial and appropriate factual record will be drafted by the investigating agency. The EEO Investigator will solicit declarations from the involved parties and document evidence to compile an accurate record of the claims. From this record, a third-party will determine findings on the claims made by the aggrieved party. An appropriate factual record is defined as one that allows a reasonable fact finder to draw conclusion on whether discrimination occurred.
Once CBP completes the investigation, it will provide the Complainant with an electronic copy of the investigative file (IF) along with the election notice. Complainant will get 15 days (from receipt of the IF) to review and make a request to supplement the IF and 30 days (from receipt of the election notice) to either request a hearing and decision from an EEOC Administrative Judge, or request an immediate final decision from the agency.
No. Managers and supervisors are not provided with copies of statutory Investigative files, however, for EEO Grievance Investigative files, the head of the office does receive a copy of the Investigative file.
If a Complainant requests a hearing before an Administrative Judge, CBP will immediately transmit the Investigative File (IF) to the appropriate EEOC office. Once the file has been transmitted, CBP no longer retains jurisdiction over the complaint and all further questions should be directed to the appropriate EEOC Office. Procedures regarding the EEOC hearing process can be found at EEOC’s website.
If the complainant does not request a hearing before an EEOC AJ, the Department of Homeland Security, Office of Civil Rights and Civil Liberties (CRCL) is required by regulation to issue a decision in 60 days. CRCL will notify the Complainant in writing of its decision. CRCL will also provide the employee with appeal rights, if the employee desires to appeal the Final Agency Decision. In addition, if a complainant elects a hearing before the EEOC, and the EEOC administrative judge issues a decision, CRCL must issue a FAD on behalf of DHS within 60 calendar days.
A class action complaint of discrimination differs significantly from an individual complaint by definition, time requirements and method of processing. Specifically, class action complaints allege that the class (or group of people), is being negatively affected by an agency's personnel policy or practice which discriminates against the group on the basis of their common race, color, religion, sex, national origin, age, or physical or mental disability. The class may include employees, former employees or applicants for employment.
Class action complaints have different requirements and procedures than individual complaints. Class action complaints should be made WITHIN 45 CALENDAR DAYS following the alleged discriminatory act. More detailed information is available on this process through the local EEO Office.