1. California Military Department Equal Opportunity & Equal Employment Opportunity
Military – EO
Federal – EEO
State – EEO
EO/EEO is about treating everybody with dignity and respect that all humans deserve.

2. Overview Equal (Employment) Opportunity
Prevention of Sexual Harassment
Hazing and Bullying
Whistleblower & NO FEAR Act
EO Professionals
Complaint Process & Timelines
Leadership Responsibility
References
Points of Contact

3. Equal Employment Opportunity
How we are
the SAME:
Human Beings
Institutional values with a common mission.
How we are DIFFERENT:
Race, Color, National Origin, Gender, Religion, etc.
Values
It is imperative we create a work environment free of discriminatory behaviors that undermine teamwork, mutual respect, and loyalty and provide equal opportunity and fair treatment, free of discrimination for all Service Members, employees, and Family members.

4. Equal Opportunity Protected Categories
Military: Race, Color, National Origin, Religion, Gender (sexual or non-sexual), Reprisal (Note: sexual orientation = IG)
Federal: Race, Color, National Origin, Religion, Sex, Age, Disability, Genetic Information, Reprisal
State: Race, Color, National Origin, Religious Creed, Sex, Age, Ancestry, Disability, Medical Condition, Genetic Information, Marital Status, Gender, Gender Identity, Gender Expression, Sexual Orientation, Military or Veteran Status, Reprisal
Genetic Information - Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e. family medical history.
Gender Identity – a person’s private sense, and subjective experience of their own gender
Gender Expression – is any and all mannerisms, personal traits, etc. Which serve to communicate a person’s identity and personality as they relate to gender and gender roles.
Ancestry - the former generations of somebody's family
National Origin - is the lineage background that an individual belongs to by ethnic group or race or by family ancestral heritage.
Religious Creed - A formal statement of religious belief; a confession of faith. 2. A system of belief, principles, or opinions.
Race - is a classification system used to categorize humans into large and distinct populations or groups by anatomical, cultural, ethnic, genetic, geographical, historical, linguistic, religious, and/or social affiliation.

5. Prevention of Sexual Harassment
Sexual Harassment defined.
A form of gender harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct sexual nature between the same or opposite gender.
State also includes: harassment based on pregnancy, childbirth, or related medical conditions.
Prompt attention!
FEHA, EEOC

6. Prevention of Sexual Harassment
Quid Pro Quo
Condition of one’s position in return for sexual favors
Can affect third person
Hostile Work Environment
Offensive, unwanted and unsolicited comments or behavior of a sexual nature
Creates a disruptive and/or offensive work environment
Quid Pro Quo is Latin, meaning “this for that.”
Third person could feel discriminated against because he or she was deprived of opportunities based on others’ sexual relationship.
Hostile work environment in this instance is specifically regarding instances/items sexual in nature.

7. Prevention of Sexual Harassment
Verbal
Cat calls, whistling, terms of endearment, describing sexual attributes of one’s physical appearance, whistling, jokes
Quid pro quo, promises for “cooperation”
Non-verbal
Staring, blowing kisses, licking one’s lips or winking in a suggestive manner
Printed material, items resembling anatomy
Physical
Touching, patting, neck rubs, bumping
Blocking exits and doorways
Verbal:
Cat calls: hey baby, whistling, names, growling, barking, winking
Terms of endearment: honey, baby, sweet-heart, dear, stud, hunk, etc.
Describing attributes: that booty makes me want to…
Sexually degrading comments, sexually related remarks about another's sexual activity, linking threats to job, promises of rewards for cooperating,
Printed material: objects, pictures, posters, cartoons, x-rated video, figurines/cups/etc. shaped to represent anatomy
Sexual Assault:
touching for sexual gratification
IAW DoDD , dtd 23 January 2012, sexual assault is intentional sexual contact characterized by use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent. The term includes a broad category of sexual offenses consisting of the following specific UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal sex), or attempts to commit these acts.

8. Hazing and Bullying
Hazing defined: Any conduct whereby a CNG member regardless of service, rank, or position, employment status, and without proper authority, recklessly or intentionally causes another CNG member to suffer or be exposed to any activity that is cruel, abusive, humiliating, oppressive, demeaning, or harmful. Hazing need not involve physical contact among or between military members or employees; it can be verbal or psychological in nature. It may be accomplished through written or phone messages, text messages, , social media, or any other virtual or electronic medium.

9. Hazing and Bullying
Bullying defined: Bullying is any conduct whereby a CNG member or members, regardless of service, rank, position, or employment status intends to exclude or reject another CNG member through cruel, abusive, humiliating, oppressive, demeaning, or harmful behavior, which results in diminishing the other CNG member’s dignity, position, or status. Without intervention, bullying will typically continue without any identifiable end-point. Bullying may include an abuse of authority. Bullying tactics include, but are not limited to, making threats, spreading rumors, social isolation, and attacking someone physically, verbally, or through the use of electronic media.

10. Hazing and Bullying
All National Guard personnel (military, technician, and civilian employees) are entitled to a work environment free from hazing and bullying. This is clearly a leadership issue and a form of misconduct that requires personal awareness and immediate attention of every supervisor and commander.
The California National Guard (CNG) is a values-based organization where everyone is expected to do what is right by treating all persons with dignity and respect. Hazing, bullying, and other behaviors that undermine dignity and respect are fundamentally in opposition to our values and are prohibited.

11. Military Whistleblower Protection
IAW DoDD : Involves taking or threatening to take unfavorable personnel action, withholding, or threatening to withhold a favorable personnel action against a military member for making or preparing a protected disclosure.
Complaints processed through IG or EO.
(DoD Directive )
Complaint process: file with IG within 60 days of alleged reprisal action / if complainant desires to file with EO, he or she will sign 335 (reprisal complaint advisement and election form / copy fwd to state IG

12. NO FEAR Act
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) became effective on October 1, The Act imposes additional duties upon Federal agency employers and is intended to reinvigorate their longstanding obligation to provide a work environment free of discrimination and retaliation. The No FEAR Act is intended to reduce the incidence of workplace discrimination within the federal government by making agencies and departments more accountable.
A Federal agency must reimburse the Judgment Fund for payments made to employees, former employees, or applicants for Federal employment because of actual or alleged violations of Federal employment discrimination laws, Federal whistleblower protection laws, and retaliation claims arising from the assertion of rights under those laws.
An agency must provide annual notice to its employees, former employees, and applicants for Federal employment concerning the rights and remedies applicable to them under the employment discrimination and whistleblower protection laws.
At least every two years, an agency must provide training to its employees, including managers, regarding the rights and remedies available under the employment discrimination and whistleblower protection laws.
An agency must submit to Congress, EEOC, the Department of Justice, and OPM, an annual report setting forth information about the agency's efforts to improve compliance with the employment discrimination and whistleblower protection laws and detailing the status of complaints brought against the agency under these laws.
An agency must post quarterly on its public Web site summary statistical data pertaining to EEO complaints filed with the agency.

13. CMD EO Professionals Military (AGR, ADOS, M-Day)
Equal Opportunity Program Manager
Equal Opportunity Advisor (EOA)
Equal Opportunity Leader (EOL)
Military Equal Opportunity Specialist (MEO)
Federal (Federal Technician)
State Equal Employment Manager
Equal Employment Opportunity Specialist
Equal Employment Opportunity Counselor
State (SAD, State Civil Service, SMR)
Equal Employment Opportunity Officer

14. Complaint Process – Military (EO)
Informal Complaints are complaints alleging illegal discrimination and are filed using NGB Form 333 with only the "Informal“ block checked and initialed) to a member of the complainant's chain of command at any level, EOA or MEO staff, or other state NG officials.
An informal complaint must be filed using NGB Form 333 within 180 calendar days from the date of the alleged discrimination.

15. Complaint Process – Military
When a commander receives an informal complaint, all required actions will be completed within 30 calendar days or through the next drill period.
If an informal complaint remains unresolved after 30 days or through the drill weekend following the filing of the complaint, the complainant may:
(I) Withdraw the complaint. (Complainant will sign the NGB Form 333 indicating withdrawal of the complaint).
(2) File a formal complaint.

16. Complaint Process – Military
A formal complaint will be filed at the next higher command level above where an informal complaint resolution attempt was unsuccessful.
At whatever level of command a formal complaint is filed, the commander at that level will request an NGB case number through the State Equal Employment Manager within 72 hours of receiving the complaint and initiate a Commander's Reprisal Prevention Plan.

17. Complaint Process – Military
The commander shall have 60 calendar days from the date of the filing to determine whether the complaint will be:
(a) Accepted (in whole or in part)
(b) Dismissed (in whole or in part)
(c) Referred (in whole or in part)
Complete an investigation of all accepted issues
Complete a SJ A review of the investigation for legal sufficiency.
Attempt resolution and take corrective action where appropriate.

18. Complaint Process – Military
If the complaint is unresolved at the end of 60 days, the case file will be automatically forwarded on appeal to the next level of command unless the complainant withdraws the complaint in writing, so indicating on NGB Form 333.
All successive level commanders will have 30 days to review the case and attempt resolution of the complaint.
No appeal beyond The Adjutant General

19. Complaint Process – Federal (EEO)
Informal allegations of discrimination must be reported to an EEO Counselor or the SEEM within 45 days of the incident.
Traditional EEO counseling process allows 30 days for resolution of allegations, or if you choose the Alternative Dispute Resolution (ADR) process, it allows 90 days for resolution.
If complaint is not resolved during the informal stage or, by using the ADR process, the complainant is given a final counseling/notice of right to file a formal EEO complaint. The complainant then has 15 days to decide whether to file a formal complaint using NGB Form
Intake does not start process
Inquiry conducted by EEO counselor (talk to all parties involved)
Forms:
Right to Anonymity (informal only)
Right to Representation
Agreement to Participate in ADR
EEO Rights and Responsibilities
Election of Procedures
Age Discrimination Information
Review and Appeal Rights
Disciplinary or Adverse Actions as a Form of Complaint Remedy (CA specific form)
Technician Equal Opportunity Civilian-Military Checklist (NGB specific form)

20. Complaint Process – Federal
Once decision to file formal is made, the NGB Form is completed and sent to the SEEM, who will acknowledge receipt of completed within 3 days.
Case File sent to NGB for review and decision.
accepted: Investigations and Resolutions Directorate (IRD) investigates.
not accepted: notice of dismissal sent.

21. Complaint Process – Federal
Upon completion of investigation, a redacted Report of Investigation (ROI) will be sent to claimant within 180 days.
if complainant disagrees with the ROI findings, they may request immediate decision from NGB or hearing with EEOC Administrative Judge prior to obtaining final decision from NGB within 30 days
Final Agency Decision within 60 days of ROI
agrees: no further action
disagree: appeal to EEOC within 30 days
Disagree with EEOC, file a civil action within 90 days

22. Complaint Process – State Civil Service (SCS)
Informal Process
Contact EEO Officer. The EEO Officer acts as a counselor between Alleged Discriminating Official (ADO) and complainant.
ADA discrimination within 180 days
Non-ADA discrimination within 365 days
EEO Officer sends notification of acceptance or dismissal of complaint within 30 days.
If dismissed, employee may appeal to Chief of Staff within 30 days.

23. Complaint Process – SCS
Resolution
Accept: employee submits in writing to EEO Officer and case is closed.
Not accepted: processed as formal complaint.
Formal Process
Complete CMD 333
EEO Officer
Appoints Investigator within 30 days.
Investigating Officer (IO) completes and submits Report of Investigation (ROI) to EEO Officer within 45 days.
EEO Officer evaluates ROI, makes determination, obtains legal review, and informs complainant in writing of investigation results.
Can file both/all three simultaneously. However, EEOC and DFEH talk and combine efforts.

24. Complaint Process – SCS
Findings of Report of Investigation
Complainant accepts: complainant submits in writing to EEO Officer, and case is closed.
Complainant does not accept: Complainant may file with Department of Fair Employment and Housing within 365 days of alleged discrimination and / or file with Equal Employment Opportunity Commission within 300 days of alleged discrimination.

25. Complaint Process – State Active Duty (SAD) / California State Military Reserve (CSMR)
SAD/CSMR
Informal Process
Contact lowest level of chain of command
Resolution must be completed within 30 days.
Accept: employee submits in writing through chain of command.
Not accepted: file formal

26. Complaint Process – SAD/CSMR
Formal Process
Complainant submits CMD Form 333 to next level of command within 14 days if a full time employee within the California Military Department and 30 days if the complainant is traditional SMR.
Chain of command or CDR will repeat process above (within 14/30 days)
Resolution
accept: complainant submits in writing to chain of command.
not accepted: forward to next level of command
no appeal beyond TAG

27. Leadership Responsibility
Once leadership has been notified, the Agency has been placed on notice.
Take immediate and appropriate action
Do not wait to receive a complaint! If you are aware of discrimination, act.
Culpability – subject to federal & state UCMJ or TPR 752 (tech)
Once leadership/supervisor has been notified, the agency has been placed on notice.
Culpability – failure to act makes the supervisor just as guilty (subject to federal and state UCMJ or TPR 752 Discipline and Adverse Action)
Take immediate and appropriate action
You do not have to wait to receive a complaint!
If you are aware of discrimination, take appropriate action.
Alaska – TAG, CoS, G1, Wing CDRs, etc. were fired for not processing properly and not taking appropriate action
Not every leadership challenge is an EO/EEO issue. However, every EO/EEO issue is a leadership challenge!

28. References Military NGR 600-21 NGR 600-22 NG Pam 600-22 Federal
29 CFR Sec 1614
MD 110
NGR (AR) / NGR (AF) VOL II
State
SCS Discrimination Complaint Process
CMD

29. Points of Contact SEEM (916) 854-3417
EO Program Manager (916)
Federal EEO Specialists (916) /3407
State EEO Officer (916)