Section 1. Both Parties agree to promote actively the goal of Equal Employment Opportunity (EEO) throughout the Library. There shall be no discrimination in the Library against any employee on account of race, color, sex, age, religion, national origin or non-disqualifying disabilities.
Section 2. There shall be no discrimination against any employee because of his/her creed, marital status, or sexual orientation. In addition, an employee's personal associations, social activities, and private financial affairs shall in no way be considered in a promotion, placement, or selection unless they involve a violation of law or may adversely affect the ability of the individual to perform the duties and responsibilities of the position.
Section 3. The Parties recognize and understand the requirements imposed on the Library by the Equal Employment Opportunity Act of 1972, as amended. It is understood and agreed that the Librarian of Congress, by that Act, is assigned the responsibility for carrying out all EEO plans and programs in the Library.
The Library agrees to meet at reasonable times, and prior to the proposed implementation of the plans, to consult and bargain in good faith with respect to all aspects of such plans and programs which affect personnel policies, practices, and matters affecting conditions of employment. The Library agrees to provide maximum opportunity for participation by the Guild in the development of all Affirmative Action Plans (AAP) and to ensure full consideration of all suggested programs proposed by the Guild for inclusion in such plans. The Library agrees to meet reasonable requests for non-privileged and non-confidential data relevant and necessary to assist in such considerations within a reasonable time.
Section 4. It is understood and agreed by both Parties that procedures controlling program operations under the Library's AAPs shall not be governed by this Agreement except to the extent stated in the AAPs themselves. This section shall apply in particular to the following articles of this Agreement:
- Article 13. Position Classification;
- Article 15. Performance Evaluations;
- Article 16. Merit Employment and Promotions;
- Article 18. Reassignment; and
- Article 27. Professional Development and Training.
Section 5. It is the policy of the Library of Congress that sexual harassment is unacceptable in the workplace and will not be condoned. Harassment on the basis of sex is a prohibited personnel practice and is a violation of Section 703 of Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Section 6. The Library will conduct an annual review of the EEO Program and discuss the results with the Guild.
Section 7. The Library shall provide the Guild information including but not limited to the following:
- workforce composition (by agency and service unit) by race, sex, and grade level;
- composition of each major occupation (job series) by race, sex, and grade level;
- upward mobility and entry level positions filled by race, sex, through internal recruitment and through outside recruitment;
- the number and type of involuntary terminations of employment by race, sex, and grade level;
- numbers of adverse actions taken by race, sex, and grade level; and
- numbers and types of discrimination complaints, by division or office.
Section 8. The Guild shall have the right to represent a complainant in proceedings under LCR 2010-3.1 (Resolution of Problems, Complaints, and Charges of Discrimination in Library Employment and Staff Relations Under the Equal Employment Opportunity Program).
Section 9. An employee who charges the Library with discrimination on account of race, color, sex, age, religion, national origin, or non-disqualifying disability may file either a grievance or a complaint under LCR 2010-3.1, but not both. An employee shall be deemed to have exercised his/her option at such time as the employee timely initiates an action under the above regulation or timely files a grievance in writing, whichever comes first.
An employee who charges the Library with discrimination on account of creed, marital status, or sexual orientation may file a grievance according to Article 36 (Negotiated Grievance Procedure), but not a complaint under LCR 2010-3.1.
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