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Eeo Complaint Processforsupervisors
 

Eeo Complaint Processforsupervisors

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EEOC Complaint Process

EEOC Complaint Process

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Eeo Complaint Processforsupervisors Eeo Complaint Processforsupervisors Presentation Transcript

  • 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 Accommodations
      • Disability
      • Religion
  • 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 Resolution
    • MANAGER:
      • “ 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 Office
    • ADR Services:
      • Mediation Services
      • Conflict Resolution Workshops
      • Facilitated Problem Solving
      • Coaching & Consultation
      • Skills Building Workshops
      • Customized 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