Eeo Complaint Processforsupervisors
Post on 05-Dec-2014
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EEO Complaint Process for Managers &
Supervisors
Purpose
To provide managers and supervisors with an overview of the EEO complaint program and process.
• EEO Laws
• Definition & Theories of Discrimination
• EEO Complaint Process
• Alternative Dispute Resolution (ADR)
• Prevention Strategies
OVERVIEW
Laws Enforced by the EEOC
Title VII of the Civil Rights Act of 1964
Race & Color Sex National Origin Religion Reprisal
Age Discrimination in Employment Act of
1967
ADEA prohibits discrimination on the basis of age against persons 40 & over.
The Rehabilitation Act of 1973
Prohibits discrimination on the basis of disability.
Prohibits discrimination on the basis of being associated with someone with a disability.
Requires Agencies to provide reasonable accommodations to persons with known disabilities.
Identical to the Employment Provisions of the Americans with Disabilities Act (ADA)
Equal Pay Act
Focuses on gender discrimination in wages.
Violation established if it is shown that unequal wages are paid to individuals doing substantially equal work under similar conditions for the same employer.
EXECUTIVE ORDER NO. 13087
Prohibited discrimination based on sexual orientation
Administrative redress only
No EEOC redress available
Signed on May 28, 1998
Illegal Discrimination
Race Gender Color Religion National
Origin Age
Mental or Physical Disability
Reprisal Sexual Orientation Marital Status * Parental Status *
Making an employment decision based on a prohibited factor, such as:
* Not included in EEO complaint process
Theories of Discrimination
Disparate Treatment
Adverse Impact
Harassment
Reasonable AccommodationsDisabilityReligion
Disparate Treatment
Complainant alleges that the agency treated another person better than it treated him/her or otherwise treated him/her differently because of the complainant’s membership in a protected group.
Adverse Impact
Used whenever there is an identifiable neutral policy or practice that is evenly applied but tends to screen out persons of a particular protected group.
Harassment
Unwelcome conduct under a protected basis violates Title VII if it creates an intimidating, hostile, or offensive work environment.
Anyone in the workplace may create a hostile work environment.
Must be severe and pervasive.
Reasonable Accommodations
Disability - Agencies are required to provide reasonable accommodations to qualified individuals with disabilities.
Religion - Agencies have a duty to provide reasonable accommodations for sincerely held religious beliefs and practices.
Initiating an EEO Complaint
Aggrieved person must contact an EEO counselor within 45 days of the:
Date alleged discriminatory event occurred
Effective date of the alleged discriminatory personnel action
Date he/she knew or should have known of the alleged discriminatory event or personnel action
Issues of Discrimination
Complaints Non-selection (Hire or Promotion) Performance Evaluations Disciplinary Actions Terminations Terms & Conditions of Employment Reasonable Accommodations Harassment/Hostile Work
Environment
Bases of Discrimination
Complaints• Race
• Color
• Religion
• Gender
• National Origin• Age• Disability• Reprisal
• Sexual Orientation*
EEO Complaint Process
Informal Process: EEO Counseling ADR
Formal Process: Acceptance or Rejection Investigation EEOC Hearing Final Decisions Appeals
INFORMAL COMPLAINT PROCESS NOAA Responsibility• EEO Counseling
• ADR - Mediation
EEO Counseling Discuss procedures and rights and
responsibilities
Clarify basis and issue
Fact finding/limited inquiry
Seek resolution
Alternative Dispute Resolution (ADR)
Early and mutually satisfactory resolution Parties have control over resolution Settlements are binding Does not require admissions of liability Saves time and resources Improves morale Opens avenue of communication
Barriers to ResolutionMANAGER:
“No discrimination.” “We did nothing wrong.” “The complaint is frivolous.” “I will lose authority/respect if I settle.” “A settlement will only encourage others to file
complaints.”
EMPLOYEE: “The supervisor/manager must be punished.”
“No remedy is sufficient to compensate me for the harm I suffered.”
NOAA’s ADR OfficeADR Services:
Mediation ServicesConflict Resolution WorkshopsFacilitated Problem SolvingCoaching & ConsultationSkills Building WorkshopsCustomized Services
Contact: Mary Hoagland; www.adr.noaa.gov
FORMAL COMPLAINT PROCESS
Department of Commerce Responsibility
Accept/dismiss issues
Conduct investigations
Final Agency Decisions
Hearings
Appeals
Special Procedures for Complaints
Based on Sexual Orientation EEO COMPLAINT:
Follows similar process ADR usually available throughout complaint Final decision & appeal through Dept of Commerce No right to EEOC hearing or EEOC appeal
OFFICE OF SPECIAL COUNSEL: Prohibited Personnel Practices
MSPB: Only for limited appealable actions
Role of the Supervisor
Be available throughout process
Opportunity to address allegation
Offer suggestions for resolution
Review the accuracy of the facts
Gather relevant notes and documents
Identify appropriate witnesses
Keep your supervisor informed
Keep your cool!
OFFICIAL TIME “Reasonable Amount” Permitted for:
• Complainant• Complainant’s representative, if an Agency employee• Supervisor• Witnesses• Allowed at all stages of EEO process• Reasonable use of office equipment*
Costs to the Agency
Tangible: Processing Costs
Attorney Fees
Comp Damages
Court Costs
Intangible: Loss of Productivity Low Morale Poor Working
Relations No Real “Winner”
Prevention of Complaints
Create and maintain atmosphere of open communication
Ensure appraisals or records are supported
Avoid appearance of retaliation Avoid appearance of favoritism
Be consistent
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