Filing a Complaint of Discrinination
There are laws, regulations, and executive orders that provide protection against discrimination. OEO administers the RRB discrimination complaint program by counseling, coordinating, facilitating, providing mediation, investigating and adjudicating complaints. OEO processes complaints from RRB employees, former RRB employees, applicants for RRB employment and RRB railroad customers. The complaint process for employees, former employees and applicants for employment is different than the process for railroad customers. The different complaint procedures are described below.
EEO Complaint Procedure for RRB Employees, Former RRB employees and/or Applicants for RRB Employment
If you are a RRB employee, former RRB employee or applicant for employment and you believe you have been discriminated against on the basis of your race, color, age (40 years and over), national origin, religion, sex (including pregnancy and gender identity), genetic information, disability (mental or physical), parental status or sexual orientation, you have the right to file a complaint.
In addition, a person who previously filed an EEO complaint, participated as a witness in someone else's EEO complaint or expressed to management that an employment practice is discriminatory, is protected from retaliation and has the right to file a complaint based on retaliation.
To file a complaint of discrimination, the first step is to contact OEO and request an EEO Counselor. OEO can be contacted as shown below.:
Office of Equal Opportunity
844 N. Rush Street
Chicago, IL 60611-2092
The request must be made within 45 calendar days of the alleged discriminatory act or, if the matter involves a personnel action, it must be made within 45 calendar days after the effective date or the date you became aware of, or should have become aware of the alleged discriminatory personnel action.
A member of the OEO staff will assign your complaint to a trained EEO Counselor who will try and resolve the complaint. You may be provided the option of participating in the agency's Alternative Dispute Resolution (ADR) Program which includes a 3rd party mediator who will work with the participants to resolve the issue(s). If the complaint is not resolved through counseling or ADR, you will be provided an opportunity to file a formal complaint of discrimination.
EEO Complaint Procedure for RRB Customers
A. If you are an employee of a railroad company and you believe you have been discriminated against by your employer, you must contact the Equal Employment Opportunity Commission (EEOC) in your area within 180 days of the alleged discrimination. The RRB does not have jurisdiction to process complaints against railroad employers. For information on how to file a complaint with EEOC, contact them at 1-800-669-4000 or visit www.eeoc.gov to find the office in your geographic location.
B.1 If you believe that the RRB has failed to make agency programs and activities accessible to all qualified individuals with a disability, you may file a complaint under Section 504 of the Rehabilitation Act of 1973.
B.2 If you believe that the RRB failed to make electronic and information technology accessible to individuals with disabilities, you may file a complaint under Section 508 of the Rehabilitation Act of 1973.
Complaints alleging noncompliance under Section 504 (which prohibits discrimination on the basis of disability in agency programs and activities) or Section 508 (which requires accessibility of electronic and information technology) must be in writing and include the complainant's name, address, telephone number and a description of how the agency violated Section 504 or Section 508. The complaint must be submitted within 90 calendar days of the alleged noncompliance or the date you became aware of the noncompliance to the address below.
Keith B. Earley, Director
Office of Administration
Railroad Retirement Board
844 N. Rush Street
Chicago, IL 60611-2092
C. If you believe that you have been subjected to discrimination based on race, color, religion, national origin, sex (including pregnancy and gender identity), age (40 years and over), disability (mental or physical), genetic information, sexual orientation or parental status or excluded from participation in or denied the benefits of a federally conducted education or training program, you may file a complaint under Executive Order 13160.
Complaints alleging noncompliance under Executive Order 13160 (federally conducted education or training programs) must be in writing and include the complainant's name, address, telephone number and a description of how the agency violated the Executive Order. The complaint must be submitted within 180 calendar days of the alleged noncompliance or the date you became aware of the noncompliance to the same address shown above.
The Director of Administration will forward all complaints filed under the above procedures to OEO for processing. Complaints for which the agency has jurisdiction will be investigated.