| SECTION 1. Management and the union agree to cooperate in providing equal opportunity for all qualified persons, to prohibit discrimination because of age, sex, race, creed, color, or national origin, preferential or non-preferential civil service status, political affiliation, marital status, or handicapping condition, and to promote the full realization of equal employment opportunity through a positive and continuing effort.
SECTION 2. The parties recognize and understand the requirements imposed upon the agency by the Equal Opportunity Act of 1972. The parties further recognize that EEO plans are developed in accordance with guidelines and instructions promulgated from the Equal Employment Opportunity Commission. Management agrees to provide copies of such plans.
SECTION 3.
A. A unit employee who believes that he or she may be the victim of prohibited discrimination may file a formal EEO complaint with the agency or may file a grievance, but not both. The employee shall not be deemed to have selected the EEO complaint route merely because he or she has discussed the matter with an EEO counselor, but shall be deemed to have selected the EEO complaint route at the time he or she files a formal discrimination complaint. Any employee who has filed an equal employment opportunity complaint or a grievance which alleges discrimination shall be free from coercion, interference, or reprisal.
B. Any meeting requested by or initiated by the DOC Office of Civil Rights, or NOAA Office of Personnel and Civil Rights does not meet the definition of a formal meeting as defined in this Agreement. Management is not obligated to notify the union. However, the employee may elect to be accompanied by a representative which may be the union.
SECTION 4. The names, addresses, and phone numbers of all EEO counselors who are authorized to accept informal EEO complaints from unit employees will be conspicuously posted in each office where unit employees are stationed. Such a list will be kept current and an additional copy of the list will be provided to the Union's national office. The Union's national office will be promptly notified of each change to the list.
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