Section 1.
Both Parties agree to actively promote the goal of equal employment opportunity throughout CRS. There shall be no discrimination in the Library against any employee on account of race, color, sex, age, religion, disability, or national origin.
Section 2.
There shall be no discrimination against any employee on account of marital status, sexual orientation, or lawful political affiliation. This Agreement prohibits retaliation against an employee for making a charge, testifying, assisting, or participating in an investigation, proceeding, or hearing involving any form of discrimination identified in this Article. This Agreement also prohibits the use of inappropriate factors in selection, promotion, and placement decisions.
Section 3.
The Library agrees that at reasonable times, normally at least 90 days prior to proposed implementation of Affirmative Action Plans, it will meet, consult, and bargain in good faith with respect to aspects of such plans which affect personnel policies and practices and matters affecting working conditions.
Section 4.
The Library agrees to confer with the Association over suggestions and recommendations for increasing career opportunities for minority groups and women in the Library.
Section 5.
It is understood by both parties that procedures controlling program operations under the Library’s Affirmative Action Plans shall not be governed by this Agreement except to the extent expressly stated in the Affirmative Action Plans themselves.
Section 6.
An employee, or the Association in its own name on behalf of unit members, shall be entitled, at the complaint or charging stage, to bring complaints with respect to discrimination on account of race, color, sex, age, religion, disability, or national origin within 20 workdays of the alleged conduct, under LCR 11-310 as modified by this Agreement, or within 20 workdays of the alleged conduct under the Negotiated Grievance Procedure in Article 31 of this Agreement, but not under both. An employee or the Association shall be entitled to bring grievances with respect to the matters specified in Section 2, which are not covered by Title VII, within 20 workdays of the alleged conduct, under the Negotiated Grievance Procedure.
Section 7.
The Association shall have the right to represent complainants under the negotiated grievance procedure or when it has been so designated by the complainant(s) in proceedings under LCR 11-310..
Section 8.
The Library shall provide the Association with statistical data on a quarterly basis dealing with the employment in CRS of women and minority groups. The following data should be included in this report:
- CRS workforce composition by race, sex, non-disqualifying disability, and grade level.
- Composition of each major occupation (job series) by race, sex, non-disqualifying disability, and grade level.
- Upward mobility and entry level positions filled by race, sex, and non-disqualifying disability, through internal recruitment and external recruitment.
- The number and type of involuntary terminations of employment by race, sex, non-disqualifying disability, and grade level.
- The number of adverse actions taken by race, sex, non-disqualifying disability, and grade level.
- The number and types of discrimination complaints, by division or office.
Section 9.
The Library shall provide each employee with information about Equal Employment Opportunity programs and a copy of the complaint procedures.
Section 10.
In all its operations and practices, it is the policy of the Library of Congress to provide a work climate free of sexual harassment. Preventing sexual harassment is fundamental to achieving a healthy work environment and to accomplishing the mission of the Library of Congress. Sexual harassment, whether committed by supervisory or nonsupervisory personnel, is specifically prohibited as unlawful and against the policy of the Library of Congress. Sexual harassment is a form of sex discrimination. Unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individuals work performance or creating an intimidating, hostile, or offensive working environment.
Section 11.
If the Association requests a copy of a settlement agreement in response to an EEO complaint filed by a unit employee, and it is determined that the settlement agreement will have an impact on the terms and conditions of employment of the bargaining unit as a whole, the Library will provide to CREA a version that has been redacted to preserve confidentiality.
Section 12.
The Library will conduct an annual review of the EEO program and discuss the results with the Association by December 31 of each year.
* LCR 11-310 was formerly LCR 2010-3.1, “Resolution of Class Complaints of Charges of Discrimination in Library of Congress Employment and Staff Relations Under the Equal Employment Opportunity Program for Staff Members”.