Who: Any present or former Army civilian employee or applicant for employment who feels that he/she has been discriminated against because of race, color, national origin, Genetic Information Nondiscrimination Act (GINA), religion, age (40+), sex (and sexual orientation) disability (physical or mental), or reprisal may request EEO counseling.
When: Within 45 calendar days of the alleged discrimination act or, if a personnel action is involved, within 45 calendar days of its effective date.
How: A request for counseling may be oral or in writing and should include all of the following information: name, address, and telephone number; a brief description of the problem and the date on which it arose, and your request for anonymity during the counseling process if you so desire.
Where: EEO Office, USAG-Miami, Installation Services Building, 9301 NW 33rd St. Suite E2095, Doral, FL 33172 or send correspondence to EEO Program Manager, U.S. Army Garrison-Miami, Attn: IMAG-EE, 9301 NW 33rd St., Suite E2095, Doral, FL 33172. EEO Office phone is 305-437-1826.
EEO Discrimination Complaint Process:
Policy: It is the policy of the Department of Army (DA) and the Department of Defense (DOD) to provide equal employment opportunity for all of its employees and applicants for employment in every aspect of their employment and working conditions. Important aspects of an effective equal employment opportunity program are a vigorous affirmative action program and a discrimination processing system, which facilitates the early informal resolution of complaints raised. Below are the step in which the administrative Equal Employment Opportunity (EEO) process works. Any DA or DOD employee or applicant may file complaints of discrimination for a DA or DOD job, who believes he or she has been discriminated against on the basis of:
- Race
- Color
- Religion
- National Origin
- Sex (includes Sexual Harassment and Sexual Orientation)
- Age (40 and above)
- Disability (physical and/or mental)
- Reprisal
- GINA (Generic Information Non-Discrimination Act)
1. Pre-Complaint Process: An Aggrieved (employee or applicant) must contact an EEO Officer or Counselor within 45 calendar days of an alleged discriminatory action. Contact information for the EEO Officer or Counselors is above.
2. Counseling: The EEO Officer or Counselor will try to resolve the matter informally within 30 calendar days from the date of the initial interview with complainant. Counseling may be extended up to 60 additional calendar days, upon agreement of complainant and the EEO Office, or if an established Alternative Dispute Resolution (ADR) procedure is utilized.
3. Formal Complaint Process: Complainant may file a written formal complaint with the EEO Office, servicing EEO Office or Agency Head; within 15 calendar days after the final interview with the EEO Counselor and upon receipt of their Notice of Right to File (NRF) a Complaint of Discrimination after Traditional Counseling or After Mediation.
4. Acceptance/Dismissal: If the EEO Office accepts the complaint, an investigator will be assigned to collect all relevant information pertaining to the complaint. If portions of the complaint are dismissed, the complainant will be provided, in writing, the reason(s) for dismissal and informed of his/her right to appeal the decision.
5. Investigation: The Office of Investigations and Resolution Division (IRD) is required to complete the investigation with 180 calendar days from the filing of the formal complaint, with a possible extension of 90 additional calendar days, upon mutual agreement. After the investigation, complainant may request a Final Agency Decision or a Hearing by Equal Employment Opportunity Commission (EEOC). (Complainant may also request a hearing after 180 calendar days has elapsed from the filing of the complaint, if the investigation has not been completed.)
6. Agency Final Decision: If complainant requests a Final Agency Decision, the Equal Employment Opportunity Compliance and Complaints Review (EEOCCR) or the applicable DOD Agency head will issue the Department's decision on the complaint. The decision, based on information in the investigation/case file, is issued within 60 calendar days.
7. EEOC Hearing: If complainant requests a hearing by EEOC, an EEOC Administrative Judge (AJ) conducts a hearing and submits his/her findings and conclusions, within 180 calendar days of the request. If the agency does not issue a final order within 40 calendar days of receipt of the AJ's decision, the AJ's decision shall become the final action of the agency.
8. Appeals: Complainant, if dissatisfied with the Agency's Final Decision, may appeal to EEOC's Office of Federal Operations (OFO) or file a civil action in a U.S. District Court.
9. Right to file a civil action: Complainant, if dissatisfied with OFO's decision, may request reopening and reconsideration by EEOC or may file a civil action in a U.S. District Court. Complainants who raise a claim under the Age Discrimination in Employment Act may bypass the administrative process by filing a notice of intent to sue with EEOC at least 30 calendar days before filing a civil action in court.
10. EEO Process vs. Union Process: Employees covered by bargaining agreements (e.g. AFGE; Local 2113) may use the union grievance procedures or the EEO complaint process as applicable.
11. Class Complaints: The EEO Office will provide counseling in class complaints. The EEO Officer will designate a Counselor for class complaints as in the informal process. The agency's headquarters EEO Office will process formal Class Complaints.
Additional Information:
Information pertaining to the EEO complaint process may be obtained from the EEO Office located at:
United States Army Garrison-Miami
9301 NW 33rd St. Suite E2095
Doral, FL 33172,
or send correspondence to:
EEO Manager
U.S. Army Garrison-Miami
Attn: IMAG-EE
Suite E2095
9301 NW 33rd St.
Doral Florida 33172
Or call 305-437-1826.
The Department of Army requires installations to establish Special Emphasis Programs to ensure equal opportunity in hiring, training, advancement and treatment of women and minority employees. These programs are the Asian Pacific/Islander Heritage Program, Black Employment Program, Federal Women's Program, Hispanic Employment Program, and American Indian/Alaskan Native Program. These programs have been consolidated at this installation and established as the Special Emphasis Program.
The Special Emphasis Program Manager (SEPM), is assisted by the SEP Committee. The SEP Committee is composed of employees within the command. Membership on the committee is voluntary and open to all military and civilian employees.
The SEP Committee assists the program manager in conducting awareness training as it relates to the importance of diversity and demonstrate the agency’s commitment to a model EEO workplace. These programs are: the African American Employment, American Indian and Alaska Native Employment, Asian American and Pacific Islander Employment, Workforce Recruitment, Hispanic Employment, Individuals with Disability Employment and Women Employment Program. Committee members also serve as organizational liaisons to provide information about the concerns and needs of women and minorities in their respective organizations and in some occasions, they may assist the Equal Opportunity Advisor (EOA) in the Ethnic Observance awareness events.
Membership on the SEP Committee provides an opportunity for employees to become involved and make a personal commitment to the program. Committee members are on official orders and must attend regularly scheduled meetings.
For information on SEP, contact the EEO Office at (305) 437-1826.
Alternate Dispute Resolution / Mediation
The ADR Process that is used at United States Army Garrison-Miami is called Mediation.
What is Mediation?
Mediation is a fair and efficient process to help resolve employment disputes and reach an agreement. An assigned neutral mediator will assist in reaching a voluntary, negotiated agreement.
How Does It Work?
The decision to mediate is completely voluntary for the aggrieved. When a complaint is filed, the parties may be offered mediation. If the aggrieved agrees, a certified, experienced mediator will be assigned and mediation will be scheduled. During mediation, both sides will be able to exchange information and express expectations for reaching resolution. The parties work to reach common ground and resolved their differences. An agreement reached in mediation is as binding as any settlement reached through EEOC. If an agreement is not reached, the case will be referred back to the EEO Process to be handled like any other case. Information disclosed during mediation will not be revealed to anyone, including other EEOC employees. Choose Mediation to resolve employment discrimination disputes.
Why labor through months of investigation or litigation?
Mediation is Fair and Neutral – parties have an equal say in the process and the parties decide the settlement terms. Not the mediator! There is no determination of guilt or innocence in the process.
Saves Time and Money – many mediated settlements are completed in one meeting and legal or other representation is permitted in all cases, but not required.
Is Confidential – all parties must agree to confidentiality at the beginning of the process.
Avoids Unnecessary Litigation – lengthy litigation can be avoided.
Mediation promotes a better work environment, reduces costs and works for the employer and the employee!
Training
The EEO office provides training for U.S. Army Garrison-Miami, U.S. SOUTHCOM, JIATF-S, SOCSOUTH, United States Army 7th Signal Command and some contractors. Most courses are taught via (ALMS/ATRRS), the USAG-Miami conference room or the Installation CCA. Contact EEO Office at (305) 437-1826 sixty days (60) prior to the training date to register for training. Civilian employees, managers, and military who supervise civilians are encouraged to attend the training. Federal employees who wish to attend any of the training should contact their training coordinator.
Required Training: All DAC employees are required to receive the following training: EEO Overview (within 30 calendar days upon arrival to the command), Anti-Harassment and No-FEAR Act (upon initial entry into Army Civilian Workforce - 60 calendar days) and annually thereafter, and SHARP training (annually).
EEO COURSE SCHEDULE AT A GLANCE
Equal Employment Opportunity (EEO)
Description: EEO training covers the provisions of Title VII, 1964 Civil Rights Act, which sets forth regulations and policies for administering the Equal Employment Opportunity Program. The training could consist of a combination of video, lecture, and discussion about individual perceptions of discrimination, and personnel practices that violate employees' rights under Title VII. The training for management focuses on leadership responsibilities in EEO. It also focuses on methods used to ensure that all personnel decisions are made without regard to race/color, religion, sex, age, national origin, disability (physical and/or mental) and GINA.
Anti-Harassment - Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act Training - No FEAR Act training for the civilian workforce will be accomplished within 60 calendar days (for initial entry civilian workforce), and every year thereafter. This training is provided via ALMS / ATRRS or JKO account, the Anti-Harassment -No FEAR Act training requires that the employee register via AKO. Simply click on the link https://www.atrrs.army.mil/selfdevctr/ and register, once registration is completed you will receive a confirmation email, just follow instructions to complete training - certificate will be provided. The Anti-Harassment – No-FEAR training Act is "mandatory annually" for all Department of the Army Civilian (DAC) employees and military personnel who supervise DAC employees. Should you need additional assistance registering to this training, contact your EEO Office or your organization training Officer.
Additional Training Requirements
NOTE: Prevention of Sexual Harassment (POSH) training formerly conducted by the EEO Office is now known as “SHARP” training. Such training is now conducted by the commands Sexual Harassment Assault Response & Prevention (SHARP) and/or Sexual Assault Response Coordinator (SARC). The Army requires that all new federal employees, military supervisors of civilians, and newly appointed supervisors must complete an annual classroom setting SHARP/SARC training. For more information, contact your organization SHARP/SARC coordinator.