Sandra Adams, EEO Specialist EEOC BIG CHAPTER

Transcription

1 Sandra Adams, EEO Specialist EEOC BIG CHAPTER

2 EEOC laws Theories of Discrimination Federal Sector Complaint Process Counselor s Role &Training Requirement Counseling Time frames Rights & Responsibilities Alternative Dispute Resolution Election of Forums Management Inquiry Counselor s Report Formal Time frames Formal Process Remedies

3 Title VII of the Civil Rights Act of 1964 Age Discrimination in Employment Act of 1967 Equal Pay Act of 1963 Rehabilitation Act of 1973 Genetic Information Non Discrimination Act of 2008

4 Disparate Treatment Disparate Impact Harassment Reasonable Accommodation (disability & religious)

5 EEO Counseling ADR/Settlement Agreements Formal Process Investigation Hearing Process Final Agency Decision Appeals Civil Actions

6 Counselor training is mandatory and necessary to further the goals and objectives of EEO. EEOC requires Counselor's to have (32) hours of Counselor s training prior to performing counseling duties. Counselors are also required to obtain (8) hours of refresher training annually.

7 Explain the EEO and Federal Sector Complaint process. Determine the bases and claims. Conduct a limited inquiry. Provide Rights & Responsibilities to include Alternative Dispute Resolution (ADR). Attempt resolution.

8 45 days from the date of harm; the date you reasonably knew the harm occurred, or 45 days from a personnel action to contact an EEO office or counselor. 30 calendar days for counseling process, if extension is not taken. 15 calendar days from the receipt of the Notice of Right to File a Formal Complaint and complaint form if not resolved.

9 Negotiated grievance v EEO complaint process Notice of Right to File a Formal Complaint Notice of Intent to Sue in Federal District Court The Right to Sue in Age and EPA claims The right to request a hearing after 180 days

10 The right to anonymity The right to representation The right to choose ADR The right to request a hearing after 180 days The right to a final agency decision The duty to keep the agency informed

11 The right to a final agency decision The duty to keep the agency informed The right to receive a Notice terminating counseling

12 Informal resolution is the best outcome of the counseling process.

13 ADR is essential to the counseling process. ADR improves the efficiency of the federal sector by attempting early resolution of complaints. ADR saves time and money.

14 "I want management to be disciplined. "I want an apology." "No remedy is sufficient." "The agency must pay punitive damages."

15 "I don't want to encourage future/frivolous complaints." "If I make a resolution a practice, I will lose face in the office." "There was no discrimination."

16 Mixed Cases Negotiated Grievance Procedures Special Procedures

17 Conduct inquiries with management and witnesses. Explain the bases and claims named in the complaint. Answer questions. Solicit possible resolutions

18 A precise description of the claims and bases identified by the Counselee. Record of documents gathered during the inquiry, if any. Jurisdictional Information. Requested remedy. Counselor attempts of resolutions.

19 180 days for investigation 30 days to request hearing or Final Agency Decision (FAD) 30 days for appeal and/or reconsideration. 60 days for agency to issue FAD 180 days for administrative hearing, there may be exceptions

20 40 days for agency compliance where there is a cause finding; You May File a Lawsuit: After 180 days of filing your complaint, if the agency has not issued a decision and no appeal has been filed, Within 90 days from the day you receive the agency's decision on your complaint, so long as no appeal has been filed, After the 180 days from the day you filed your appeal if the EEOC has not issued a decision, or Within 90 days from the day you receive the EEOC's decision on your appeal.

21 The formal complaint must be signed and contain sufficient information to identify the basis and issues. The agency must acknowledge the complaint. Where the agency accepts a complaint, it must investigate the complaint. The agency has 180 days to complete an investigation, unless extended.

22 POST INVESTIGATION: The agency must provide Complainant a copy of the investigative file. Advise Complainant that he/she has right to elect a Final Agency Decision or request a hearing before an Administrative Judge.

23 POST INVESTIGATION: Provide 30 days for Complainant s decision. If complainant does not respond or make an election within 30 days, the agency will issue a FAD within 60 days.

24 You have the right to appeal an agency's final decision not later than 30 days after you receive the final decision. If you do not agree with the EEOC's decision on your appeal, you can ask for a reconsideration of that decision. Once EEOC has issued a decision on the appeal, the agency also has the right to ask EEOC to reconsider that decision. Once we have made a decision on your request for reconsideration, the decision is final.

25 After a finding of discrimination, an agency shall provide relief, but not limited to: Back Pay, Front Pay, Interest on Back Pay Offer of a Position Compensatory Damages Attorney fees Computation of Service Time