Equal Employment Opportunity (EEO) Policy Statement

In Reply Refer To:     May 22, 2019
1400-713 (910) P

EMS TRANSMISSION: 5/28/2019
Instruction Memorandum No. ID-2019-017
Expires: 09/30/2022

To: All BLM Idaho Employees

From: State Director

Subject: Equal Employment Opportunity (EEO) Policy Statement

Program Area:  Equal Employment Opportunity

Purpose:  To clearly communicate expectations that all employees will be provided a workplace
which is free of discrimination based on race, color, religion, sex, age, national origin, sexual
orientation, or mental or physical disability, and that all employees will be treated with respect.
This policy applies in all aspects of our personnel policies, programs, practices, and operations.

Administrative or Mission Related:  Administrative.

Policy/Action:  As State Director for the Bureau of Land Management (BLM) Idaho, it is my
expectation that our work environment will be free from discrimination and unlawful
harassment.  All BLM Idaho employees (including students, interns, volunteers, as well as
contractors who perform services for BLM) are expected to treat each other with respect, and to
ensure that the work environment is safe and inclusive.  Managers and supervisors have a
responsibility to monitor the work environment, and to encourage respectful workplace behavior.
All employees should be diligent in reporting any form of inappropriate workplace behavior,
including discrimination or harassing conduct, so that the behavior can be stopped immediately.
Managers and supervisors who become aware of any form of inappropriate workplace behavior,
are required to follow procedures outlined in the Department of the Interior Prevention and
Elimination of Harassing Conduct policy, Personnel Bulletin 18-01 (PB 18-01), to ensure that
the behavior is addressed.  All BLM Idaho employees are required to read and adhere to PB 18-
01:

(https://www.doi.gov/sites/doi.gov/files/pb-18-01-prevention-and-elimination-of-harassing-
conduct.pdf)

Harassing conduct is unacceptable in any form, and every employee is expected to refrain from
such behavior, and in addition, employees must understand that workplace harassment may also
be in violation of federal law. There are distinct differences between the prevention of harassment program and the EEO process.  The prevention of harassment program seeks to
eliminate harassing conduct regardless of whether such conduct violates the law.  The EEO
process is designed to make individuals whole for illegal discrimination that has occurred.

The Equal Employment Opportunity (EEO) process is a process which is designed to make
individuals whole for illegal discrimination that has occurred.

Any employee who believes they have been discriminated against in the workplace due to
discrimination based on Race, Color, Sex (including pregnancy, sexual orientation, and gender
identity), National Origin, Religion, Age (40 and over), Disability, Genetic Information or
Reprisal, may elect to enter the EEO process.  If an employee believes they have been
discriminated against may initiate the EEO process by contacting the EEO office within 45-
calendar days of becoming aware of the alleged discriminatory action, or if the matter concerns a
personnel action, within 45-calendar days from the effective date of the action.  The EEO
Manager will ensure that the EEO process is initiated within three (3) business days.  The Idaho
State Office is currently being supported by the BLM Fire and Aviation EEO Office located in
the Jack Wilson Building, at the National Interagency Fire Center, Boise, Idaho.  You may also
call the EEO Manager, Eileen Wallace, at (208) 387-5454.

The EEO process begins with the informal complaint, and the aggrieved will be able to choose
between EEO counseling or Alternative Dispute Resolution (ADR) to attempt resolution in the
informal stage.  If there is no resolution reached in the informal stage, the aggrieved will be
issued a notice of right to file, and will have 15-calendar days to file a formal EEO complaint.

The EEO formal complaint process includes an investigation to be conducted by EEO
Investigators, who are neutral and outside of BLM. EEO investigations are extensive, and
should be completed within 180-days from the date the complaint was filed, unless the
complainant agrees to an extension in writing.  Any employee who files, or anyone who is
named in an EEO complaint must be responsive to EEO officials and Investigators and must
comply with requests for cooperation from the BLM Office of Civil Rights.

Reprisal for participating in the EEO process, including opposition to discriminatory actions, is
illegal and strictly prohibited.  There will be appropriate corrective and disciplinary actions when
retaliation is found.

The EEO process allows for limited confidentiality, and during the informal phase, an employee
may elect to remain anonymous. In the informal phase an employee may elect to remain
anonymous, however if the complaint goes forward to the formal phase, confidentiality cannot
be maintained.  The EEO officials will keep complaint information confidential as much as possible, however there will be times when the information will be shared with agency officials on a need to know basis.

The BLM requires EEO Managers to administer required EEO and diversity training. All
managers and supervisors are required to complete a minimum of six (6) hours each year, and all
employees are required to complete a minimum of four (4) hours each year.  The EEO Manager will determine the training which will be provided, and ensure that all EEO and diversity training
is creditable.

All employees are required to complete Prevention of Sexual Harassment (POSH) each year.
POSH training is found in DOI Talent, or may be conducted by the EEO Manager or the Bureau
Office of Civil Rights.  POSH training is creditable toward the annual EEO training requirement.

Discrimination, in any form, has no place in our organization and will not be tolerated.  This
includes sexual or non-sexual harassment; any discriminatory act, policy, practice or procedure
that denies equal opportunity; or any conduct that demeans the dignity of another person. This
policy of equal employment opportunity will be pursued in every aspect of BLM Idaho practice
and procedure in recruitment, employment, development, advancement, supervision and
treatment of employees and applicants.  BLM Idaho recognizes that adherence to EEO
laws and policies continue to be a vital contributory element to our success.  The EEO program helps maintain a quality work force, representation of our nation’s diversity and an environment where all employees can do their best work and reach their full potential.

This policy extends to those times when BLM personnel are away from their home unit, working
in the field, or when fire personnel on incident assignment.  All incident harassment will be
reported in accordance with the DOI Office of Wildland Fire (OWF) Policy Memorandum 2018-
011, Implementing Procedures for the DOI Personnel Bulletin 18-01: Prevention and
Elimination of Harassing Conduct.

The OWF Policy Memorandum provides clarification for implementing the DOI Personnel
Bulletin 18-01 Prevention and Elimination of Harassing Conduct policy while employees are
deployed on incidents.

Equal opportunity is a professional conduct issue and it is based on a premise of fair and equal
treatment and respect for all persons.  It is everyone’s responsibility to assist in promoting an
environment free of discrimination.  Mere compliance with minimum requirements is not enough
to fully meet our obligations.  I challenge everyone to be a role model of appropriate behavior
and to confront any form of discrimination, harassment, or other improper behavior when it is
observed or brought to your attention.  In addition, you are encouraged to resolve issues at the
lowest level possible and to use alternative dispute resolution (ADR), when possible.  Contact
Eileen Wallace, EEO Manager, for more information on ADR.

The discrimination complaint process is posted on official bulletin boards and on the BLM Idaho
web page.  All reports of alleged discrimination will be taken seriously, promptly investigated
and handled with professionalism, dignity, and fairness.  If you believe you have been subjected
to discrimination, harassment or reprisal, you must contact the EEO Manager or an EEO Counselor within 45 days of the alleged discriminatory matter or, in the case of a personnel action, within 45 days of the effective date of the action.

All BLM Idaho employees are strongly encouraged to review the attached link to the U.S. Equal Employment Opportunity Commission’s website, to gain a better understanding of all the protections afforded by Title VII of the Civil Rights Act of 1964, as amended, and all other applicable statues:

(https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm)

All questions or concerns regarding this policy should be directed to Eileen Wallace, EEO Manager, Fire and Aviation, (208) 387-5454.

Timeframe:  This policy is effective upon signature.

Background:  Management has determined that employees need to be reminded of this policy on a yearly basis.

Manual/Handbook Sections Affected:  None.

Coordination:  None.

Contact:  If you have questions or concerns regarding this policy, please address them to Eileen Wallace, EEO Manager, at (208) 387-5454.

Signed by:
John F. Ruhs
State Director

Authenticated by:
Kathy J. Mondor
Executive Assistant

Distribution:
BLM_ADs
BLM_Idaho Leadership Team
BLM_Library
Eileen Wallace (FA-120)