THE UNITED STATES OF AMERICA 1775
Headquarters
Department of the Army
Washington, DC
6 February 2025
*Army Regulation 690–600
Effective 6 February 2025

Civilian Personnel

Equal Employment Opportunity Discrimination Complaints

By Order of the Secretary of the Army:

RANDY A. GEORGE
General, United States Army
Chief of Staff

Official:
JULIE A. BLANKS
Acting Administrative Assistant to the Secretary of the Army

History. This publication is an administrative revision. The portions affected by this administrative revision are listed in the summary of change.

Authorities. This regulation implements Equal Employment Opportunity Management Directive 110, 5 CFRCFRCode of Federal Regulations 315.806, 5 CFRCFRCode of Federal Regulations 550, 5 USCUSCUnited States Code 1201, 29 CFRCFRCode of Federal Regulations 1614, and DoDI 1400.25, Volume 1614.

Applicability. This regulation applies to the Regular Army, and the U.S. Army Reserve, unless otherwise stated. This regulation applies to all Department of the Army appropriated or non-appropriated fund activities, their employees, former employees, and applicants for employment. It does not apply to uniformed members of the military, persons employed or applying for positions in the Army and Air Force Exchange System, persons employed or applying for positions at the National Guard Bureau or National Guard of each state, Army National Guard technicians, uniformed members of the military working part-time off duty for non-appropriated fund activities, or the Army and Air Force Exchange Service. It also does not apply to non-U.S. citizens employed by the Army outside of the United States.

Proponent and exception authority. The proponent for this regulation is the Assistant Secretary of the Army (Manpower and Reserve Affairs). The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent. Refer to AR 25–30 for specific requirements.

Army internal control process. This regulation contains internal control provisions in accordance with AR 11–2 and identifies key internal controls that must be evaluated (see appendix C).

Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Director, Equal Employment Opportunity Compliance and Complaints Review (SAMR), at usarmy.pentagon.hqda-asa-mra.mbx.eeoccr@army.mil.

Distribution. This regulation is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

*This regulation supersedes AR 690–600, dated 1 August 2024.

AR 690–600 • 6 February 2025

UNCLASSIFIED

Civil Actions, and Settlements

Protection Board

Activity commander The Army commander who has delegated appointing authority for the civilian work force and has a civil- ian personnel official, a labor counselor, and an EEOEEOEqual Employment Opportunity officer available for advice.

Administrative judge An official assigned by the EEOC to hold hearings and render merit decisions on federal sector formal in- dividual and class complaints of discrimination.

Adverse impact A substantially different rate of selection in hiring, promotion, or other employment decision that works to the disadvantage of members of a protected group.

Age discrimination A claim of discrimination based on age by an individual who is at least 40 years old at the time of the al- leged discriminatory act.

Agency representative An agency attorney designated to represent the Army in an EEOEEOEqual Employment Opportunity complaint.

Agent of the class A member of a class who files the complaint and acts for the class during the class complaint process. The agent alleges that an Army personnel practice or policy discriminates against members of the class on the basis of race, color, religion, sex, national origin, age, genetic information and/or physical or men- tal disability.

Aggrieved An Army employee, a former Army employee, an applicant for Army employment, or an employee of a contractor in a case involving joint employer issues or allegations, who initiates a complaint of employ- ment discrimination based on race, color, religion, sex, national origin, age, genetic information, physical or mental disability, and/or reprisal.

Alternative dispute resolution A variety of techniques and methods used to resolve disputed issues, including but not limited to settle- ment negotiations, conciliation, facilitation, mediation, factfinding, and minitrials, or any combination thereof.

Arbitration The final resolution or decision on a grievance filed under a negotiated grievance procedure by an impar- tial person (an arbitrator) selected by labor and management.

Army Director of Equal Employment Opportunity The official who is designated by the SECARMYSECARMYSecretary of the Army to administer the Army's EEOEEOEqual Employment Opportunity program in accordance with 29 CFRCFRCode of Federal Regulations 1614.102.

Civilian Human Resource Servicing Centers An office staffed by multiskilled generalists primarily, and certain specialists, who provide civilian person- nel advisory services to local commanders, managers, supervisors, employees, and applicants.

Civilian Human Resources Agency The organization in the DA responsible for providing civilian human resources support.

Civilian personnel official An individual designated by a commander to administer the civilian personnel program and serve as head of the civilian personnel office at the commander’s activity or installation.

Class A group of Army employees, former employees, or applicants for employment, who allege they have been or are being adversely affected by an Army personnel management policy or practice that discriminates against the group on the basis of their race, color, religion, sex, national origin, age, disability or genetic information.

Combatant command support agent The head of a DoD component who the Secretary of Defense or the Deputy Secretary of Defense has as- signed specific responsibilities, functions, and authorities to provide defined levels of support for opera- tional missions, administrative, or other designated activities that involve two or more of the DoD compo- nents.

Commander A senior officer with supervisory and decision-making responsibilities as head of an activity.

Complainant An Army employee, a former Army employee, an applicant for Army employment, or an employee of a contractor in a case involving joint employer issues or allegations, who files a formal complaint of employ- ment discrimination based on race, color, religion, sex, national origin, age, genetic information physical or mental disability, and/or reprisal for engaging in protected EEOEEOEqual Employment Opportunity activity.

Contingent worker All civilian employees outside of the Army's core workforce, such as independent contractors and other individuals working on Army installations or projects without being on the activity's payroll.

Department of Defense Investigations and Resolutions Directorate The DoD organization that investigates formal EEOEEOEqual Employment Opportunity complaints filed against the Army.

Discrimination Any act or failure to act, impermissibly based in whole or in part on a person's race, color, religion, sex, national origin, age, genetic information, physical or mental disability, and/or reprisal, that adversely af- fects privileges, benefits, working conditions, results in disparate treatment, or in some cases has a dis- parate impact on employees, former employees, or applicants for employment.

Equal Employment Opportunity Commission The federal agency with overall responsibility for federal sector EEOEEOEqual Employment Opportunity complaints. The EEOC issues policy and regulations on the discrimination complaint system, holds hearings and makes findings on discrimina- tion complaints, and makes final decisions on discrimination complaints that have been appealed. It also reviews, upon request, decisions of negotiated grievances and MSPB appeals if they include issues of discrimination.

Equal Employment Opportunity Commission Form 462 Report The EEOC’s annual federal EEOEEOEqual Employment Opportunity statistical report of discrimination complaints.

Equal Employment Opportunity Compliance and Complaints Review The Army organization responsible for managing the Army's EEOEEOEqual Employment Opportunity complaints program. EEOCCR also prepares the final Army action/decision on the merits of EEOEEOEqual Employment Opportunity complaints for the approval and signature of the Army Director of EEOEEOEqual Employment Opportunity or designee.

Equal Employment Opportunity counselor An individual designated by the Army to perform EEOEEOEqual Employment Opportunity counselor duties, working under the direction of the EEOEEOEqual Employment Opportunity officer, who makes informal inquiries and seeks resolution of pre-complaints.

Equal Employment Opportunity Director Generally, the individual designated by the ACOMACOMArmy service component command, ASCCASCCArmy service component commander, DRUDRUDirect reporting unit commander, or equivalent, to administra- tively oversee the EEOEEOEqual Employment Opportunity program and advise the commander or equivalent. An EEOEEOEqual Employment Opportunity Director may be lo- cated in a subcommand that has administrative oversight of a portion of an ACOMACOMArmy service component command, ASCCASCCArmy service component commander, or DRUDRUDirect reporting unit EEOEEOEqual Employment Opportunity program.

Equitable tolling Stopping or suspending certain time limitations imposed under this regulation when a complainant's fail- ure to act in a timely manner is caused by circumstances beyond the complainant’s control.

Equivalent (commander) A senior civilian employee who has supervisory and decision-making responsibilities as head of an activ- ity.

Estoppel A party is prevented by the party’s own acts from claiming a right to the detriment of the other party who was entitled to rely on such conduct and has acted accordingly.

Fact-finding conference One of several alternative means used to investigate an EEOEEOEqual Employment Opportunity complaint. As the Army's preferred method, this procedure involves taking testimony in the presence of a court reporter, the complainant and the complainant’s representative, and the Army agency representative.

Federal Labor Relations Authority The federal agency responsible for deciding appeals of arbitration awards filed by a union or an agency regarding grievances filed under the negotiated grievance procedure.

Final Army action The decision by the Army Director of EEOEEOEqual Employment Opportunity, or designee, to either implement or appeal the decision ren- dered by an administrative judge of the EEOC.

Final Army decision The decision rendered by the Army Director of EEOEEOEqual Employment Opportunity, or designee, on a non-mixed complaint of discrimi- nation where no hearing was elected by the complainant, on a mixed complaint of discrimination or ad- dressing allegations of noncompliance with NSAs. Final Army decisions may also address compensatory damages and/or attorney fee payments.

Formal discrimination complaint A written complaint, preferably on a DA FormDA FormDepartment of the Army form 2590, filed under this regulation, alleging that a specific act or acts of discrimination or reprisal has/have taken place that is/are personal to the individual.

Investigative file The complaint file as provided by the investigator and supplemented to include the ROI summary, court reporter transcripts, and documented evidence.

Joint base A military installation with consolidated management and support responsibilities previously managed separately by the Army, Navy, or Air Force.

Labor counselor An Army attorney who advises or represents the Army in labor and employment law matters.

Legal advisor The Army attorney designated to provide legal advisory services to EEOEEOEqual Employment Opportunity personnel.

Mediation A method used to resolve complaints of discrimination wherein an acceptable, impartial, and neutral third- party, who has no decision-making authority, intervenes to facilitate settlement of the dispute.

Mediator An impartial and neutral third-party, who has no decision-making authority, trained, and certified to inter- vene between disputing parties as a means to facilitate settlement of complaints of discrimination.

Merit Systems Protection Board The federal agency responsible for deciding appealable personnel actions and mixed case appeals.

Mixed case appeal An appeal filed directly with the MSPB which alleges that an appealable Army action was effected, in whole or in part, because of discrimination on the basis of race, color, religion, sex, national origin, age, disability or genetic information.

Mixed case complaint A complaint of employment discrimination filed with the Army based on race, color, religion, sex, national origin, age, disability, or genetic information related to or stemming from an action that can be appealed to the MSPB. The complaint may contain only an allegation of employment discrimination or it may con- tain additional allegations that the MSPB has jurisdiction to address.

Negotiated grievance procedure A grievance procedure contained in a collective bargaining agreement negotiated between the Army and a recognized labor organization.

Negotiated settlement agreement A written settlement agreement knowingly and voluntarily signed by the complainant or agent and the Army during the pre-complaint or formal complaint process which resolves an EEOEEOEqual Employment Opportunity complaint. The terms of agreement are binding on both parties.

Notification and Federal Employee Antidiscrimination and Retaliation Act The No FEAR Act of 2002 as amended, which requires each federal agency to post summary statistical data with respect to complaints of employment discrimination filed against the agency under EEOC regu- lation 29 CFRCFRCode of Federal Regulations 1614.

Office of Federal Operations This EEOC component is responsible for the Federal EEOEEOEqual Employment Opportunity complaint process and handles all administra- tive appeals to the EEOC on agency decisions concerning EEOEEOEqual Employment Opportunity complaints.

Personnel action Hiring action, change in grade, suspension, removal or separation, reassignment, or change to full or part-time work

Pre-complaint A matter of alleged discrimination which an aggrieved person brings to the attention of an EEOEEOEqual Employment Opportunity offi- cial/counselor before a formal discrimination complaint is filed.

Remedial action Measures taken to put victims of prohibited discrimination where they would have been absent the dis- crimination. May include, but is not limited to, retroactive appointment or promotion, back pay, attorney fees and/or costs, cancellation of an unwarranted personnel action, or expunction from the Army's rec- ords of any adverse materials relating to the discriminatory employment practice.

Reportable contact A reportable contact is any contact with an EEOEEOEqual Employment Opportunity counselor or EEOEEOEqual Employment Opportunity office personnel performing counsel- ing by an aggrieved person who alleges discrimination on the bases of race, color, religion, sex, age, na- tional origin, physical or mental disability, and/or reprisal.

Representative A person selected and designated in writing by a complainant, the class agent, or witness.

Reprisal Retaliation for participation in Title VII activity or opposition to any practice made unlawful by Title VII, ADEA, EPA, GINA, or Rehabilitation Act.

Responsible management official A management official alleged to have engaged in or failed to take action to stop or prevent employment discrimination based on race, color, religion, sex, national origin, age, genetic information, physical or mental disability, and/or reprisal.

Serviced activity Any activity that receives EEOEEOEqual Employment Opportunity services from the servicing activity EEOEEOEqual Employment Opportunity officer.

Servicing activity The installation to which an EEOEEOEqual Employment Opportunity officer is assigned to administer the activity’s EEOEEOEqual Employment Opportunity program and pro- vides EEOEEOEqual Employment Opportunity services, to include EEOEEOEqual Employment Opportunity complaint processing services.

Servicing activity Equal Employment Opportunity officer Generally, the individual designated by the activity commander to administer the activity's EEOEEOEqual Employment Opportunity program. This includes managing and operating the complaint processing system, supervising, and training EEOEEOEqual Employment Opportunity counselors, and advising the activity commander on the disposition of complaints.

Settlement A resolution arrived at during the pre-complaint or formal complaint process which resolves issues raised to the satisfaction of the complainant or agent and the Army.

Waiver The intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right.

Witness Any individual called upon to testify or provide evidence on behalf of the agency or aggrieved/complain- ant.

Workable contact A workable contact is any contact an EEOEEOEqual Employment Opportunity official has with an employee for the purpose of providing infor- mation on the EEOEEOEqual Employment Opportunity process.