EEO Complaint Process for Managers Supervisors

							  EEO Complaint Process
for Managers & Supervisors
           Purpose

To provide managers and supervisors
with an overview of the EEO
complaint program and process.
        OVERVIEW

• EEO Laws

•   Definition & Theories of Discrimination
•   EEO Complaint Process
•   Alternative Dispute Resolution
    (ADR)
•   Prevention Strategies
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
Making an employment decision based
on a prohibited factor, such as:

   Race                  Mental or Physical
                            Disability
   Gender
   Color                 Reprisal
   Religion              Sexual Orientation
   National Origin       Marital Status *
   Age                   Parental Status *
                      * 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       •   National Origin
             •   Age
• Color
             •   Disability
• Religion   •   Reprisal
• Gender     • 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      Gather relevant notes
    process                       and documents

   Opportunity to address       Identify appropriate
    allegation
                                   witnesses
   Offer suggestions for
                                 Keep your supervisor
    resolution                    informed
   Review the accuracy of       Keep your cool!
    the facts
    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:              Intangible:
   Processing Costs      Loss of Productivity
   Attorney Fees         Low Morale

   Comp Damages          Poor Working
                           Relations
   Court Costs
                          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
        Roles & Responsibilities:
   Dept of Commerce Office of Civil Rights:
       Formal EEO Complaint Process

   NOAA Office of Civil Rights:
       Informal EEO Complaint Process
       Contact: (301) 713-0500
   NOAA ADR Office:
       Mediation and other services

   NOAA Line Office EEO & Diversity Prog. Mgr:
       Local POC for EEO & Diversity Issues

   NESDIS Office & Center Diversity Advisors
       Augments NESDIS EEO & DM Program
        Lori Simmons
EEO/Diversity Program Manager
     1335 East-West Hwy
   Silver Spring, MD 20910

      (301) 713-3387
    Fax: (301) 713-9219