It is the policy of the FHWA to provide equal opportunity in Federal employment and to prohibit discrimination in employment based on race, color, religion, sex, national origin, age, disability, genetic information, or sexual orientation. Retaliation against any person(s) for opposing any of the practices made unlawful by the EEO laws is prohibited.

Employees and applicants for employment who allege employment discrimination must participate in the FHWA's EEO Counseling Program before filing a formal complaint. The purpose of the FHWA's EEO Counseling Program is to resolve allegations of workplace discrimination through traditional EEO counseling at the lowest level possible, unless Alternative Dispute Resolution is requested and offered, to avoid the filing of a formal EEO complaint.

Individuals (aggrieved persons) must seek EEO counseling within 45 days of the date of the alleged discriminatory act. The EEO Counselor has 30 days from the date of the aggrieved person's initial contact to attempt to resolve the matter. The EEO Counselor will meet with the aggrieved person and the responsible management official(s) to seek resolution. In certain circumstances, the counseling period may be extended for an additional 60 days; however, the entire counseling session must not exceed 90 days. When aggrieved persons participate in Alternative Dispute Resolution, the pre-complaint processing period will be 90 days.

If the matter is successfully resolved, the provisions will be outlined in a settlement agreement, which will be signed and binding by all parties.

If the matter is not successfully resolved, the individual has the right to file a formal complaint. All formal complaints are processed by the Departmental Office of Civil Rights, which receives complaints of discrimination and determines whether the complaint will be accepted for investigation.

Authorities

Title VII of the Civil Rights Act of 1964, as amended (https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964)

The Age Discrimination in Employment Act of 1967, as amended (https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967)

The Equal Pay Act of 1963 (https://www.eeoc.gov/statutes/equal-pay-act-1963)

Sections 501 and 505 of the Rehabilitation Act of 1973, as amended (https://www.eeoc.gov/statutes/rehabilitation-act-1973)

The Genetic Information Nondiscrimination Act of 2008 (https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008)

The Civil Rights Act of 1991 (https://www.eeoc.gov/statutes/civil-rights-act-1991)

Title 29, Code of Federal Regulations, Part 1614 (https://www.govinfo.gov/content/pkg/CFR-2017-title29-vol4/xml/CFR-2017-title29-vol4-part1614.xml)

Section 717 of Title VII of the Civil Rights Act of 1964, as amended (https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964)

Section 501of the Rehabilitation Act of 1973, as amended (https://www.eeoc.gov/statutes/rehabilitation-act-1973)

Pregnancy Discrimination Act of 1978 (PDA), as amended (https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978)

Pregnancy Workers Fairness Act of 2023 (PWFA) (https://www.eeoc.gov/history/pregnant-workers-fairness-act)