EEO complaint process coverage under Title VII
An action is unlawful discrimination under Title VII if:
- The discriminating party is an employer, employment agency or labor organization as defined by Title Vll;
- The basis for the alleged discrimination is race, color, religion, sex, national origin or retaliation;
- The issue or claim involves a discriminatory matter or personnel action; and
- There is a causal connection between the basis and the issue.
Later legislation expanded and defined the bases for discrimination for processing under 29 CFR Part 1614:
- The Rehabilitation Act of 1973 prohibits discrimination based on physical or mental disability.
- The Age Discrimination in Employment Act of 1967, amended in 1974, prohibits discrimination based on age when an employee or applicant is 40 or older.
- Title II of the Genetic Information Nondiscrimination Act of 2008 prohibits discrimination based on genetic information.
- The Equal Pay Act of 1963 prohibits employers from paying one individual of a different gender at a rate different from another for essentially the same work based on gender.
The Americans With Disabilities Act of 1990 and the Civil Rights Act of 1991 did not significantly affect Title Vll coverage for Federal employees and applicants. However, these acts did expand the remedies which may be available
Procedures for processing Title VII complaints of discrimination
An employee or applicant for employment who perceives he/she is a victim of discrimination and wants to pursue a complaint of discrimination must report the incident to an EEO counselor within 45 calendar days of the date of the matter alleged to be discriminatory, or in the case of a personnel action, within 45 days of the effective date of the action. Complaints of discrimination will receive immediate attention, ensuring the interest of all concerned will be appropriately addressed to the full extent of the law.
Coverage under Title VI
Title VI of the Civil Rights Act of 1964 is the Federal law that protects individuals from discrimination on the basis of their race, color or national origin in programs that receive Federal financial assistance.
Each Federal agency that provides Federal financial assistance, including WAPA, is responsible for investigating complaints of discrimination on the basis of race, color or national origin in the use of its funds. If you believe that you or others protected by Title VI have been discriminated against under a program or activity funded by WAPA, you may file a complaint within 180 days of the date of the alleged discrimination.
To talk to an EEO counselor or get additional information about the EEO or Title VII complaint process, call WAPA's EID office at 720-962-7034 or email OEID@wapa.gov.