The National Defense University (NDU) is committed to the principles of equal opportunity for all employees and applicants. It is vital to attracting, developing, and retaining a top-quality workforce in order to accomplish NDU's strategic mission. It is our policy to ensure that equal employment opportunity (EEO) is fully integrated into NDU's mission with demonstrated commitment from leadership at all levels. Managers and supervisors share responsibility with EEO and HR personnel for successful policy and program implementation so that we can promote the full realization of equal employment opportunity through continuing affirmative programs that are efficient, responsive, and legally compliant.

It is NDU’s policy that employment practices will adhere to DoD Directive 1020.02 which ensures equal employment opportunity for all employees (past and present) and applicants for NDU employment. The Federal laws prohibiting job discrimination are Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967, Title I and Title V of the Americans with Disabilities Act of 1990, Sections 501 and 505 of the Rehabilitation Act of 1973, and Civil Rights Act of 1991. The U.S. Equal Employment Opportunity Commission (EEOC) enforces all these laws. EEOC also provides oversight and coordination of all federal equal employment regulations, practices, and policies.

NDU requires all faculty and staff members to complete a course on "Equal Opportunity Policy" as part of its annual Joint Staff mandatory training curriculum.

Harassment  

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. 

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. 

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
 

1. The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. 
2. The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.

Sexual harassment is a form of sex discrimination that violates 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 this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Reasonable Accommodation

The Rehabilitation Act of 1973, in conjunction with the Americans with Disabilities Act (ADA), requires federal agencies to provide reasonable accommodation to qualified Individuals or applicants with disabilities, unless to do so would cause undue hardship.

There are three categories of reasonable accommodations:

1. Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in alternative formats like large print or Braille); 
2. Modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of the job (such as providing sign language interpreters); and
3. Modifications or adjustments that enable employees with disabilities to enjoy equal benefits and privileges of employment (such as removing physical barriers in an office cafeteria).

Federal Laws Prohibiting Discrimination in Employment

The following statues are covered by the Equal Employment Complaint Processing Regulations (29 CFR Part 1614):

• Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin.
• The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
• The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age of older by prohibiting age discrimination in hiring, discharge, pay, promotions, and other term and conditions of employment.
• Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local government. 
• Sections 501, 502, 504, 508 of the Rehabilitation Act of 1973 makes it illegal to discriminate against federal employees and applicants for employment based on disability.  Federal agencies are required to make reasonable accommodation to the known physical or mental limitations of qualified employees or applicants with disabilities.
• The Civil Rights Act of 1991 provides monetary damages in case of intentional employment discrimination.

For additional information on these federal laws, please go to the U.S. Equal Employment Opportunity Commission web site.

• Equal Employment Opportunity Commission (EEOC)
• Merit Systems Protection Board (MSPB)
• Office of Personnel Management (OPM)
• Federal Labor Relations Authority (FLRA)
• Office of Special Counsel (OSC)
• MSPB updated guidance for agencies (Sep 2016)
• Nine Merit System Principles and 13 Prohibited Personnel Practice( Article)