Eeo Complaint Processforsupervisors

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