# Presentation: 369241

## EEO Complaint Process for Managers & Supervisors

** **

## Purpose

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

## OVERVIEW

-   Definition & Theories of Discrimination
-   EEO Complaint Process
-   Alternative Dispute Resolution
-     (ADR)
-   Prevention Strategies

**OVERVIEW**

**Notes:**
Mention video will be at end---

## 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

_**EXECUTIVE ORDER **__**NO. 13087**_

**Prohibited discrimination based on     sexual orientation**
**Administrative redress only**
**No EEOC redress available**
**Signed on May 28, 1998**

**Notes:**
  Prohibits discrimination based on sexual orientation

  Executive order vs.. legislation:  complainants do not have privilege of EEOC involvement (hearing or appeal); decision ends with Agency

## 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

**Notes:**
In a moment, Mary Beth will review a flow chart reflecting the EEO complaint process.  She will also discuss DSS current standings with regard to EEO complaints and statistics.  First however, we need to look at “issues” and “bases” as to how they apply to EEO.

## INFORMAL COMPLAINT PROCESS

**                 **_**NOAA Responsibility**_

**  ****EEO Counseling**
**  ****ADR - Mediation****  **
** **

**Notes:**
Not an investigation; informal inquiry with sole purpose to effect a resolution and thus prevent filing of a formal complaint; no blame is assigned; no guilt or innocence is proven---

Both throughout counseling and/or mediation, the goal is to find a solution that will satisfy both the Agency and the Complainant

## 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

- _ _

**Notes:**
1.  Mediation is type of ADR  (DoD Shared Neutrals)

2.  Benefits:
  - Saves time & money from traditional method
  - helps to restore working relationship
  - allows parties to reach their own solution

3.  Had about 6/7 cases go to mediation  - all but one was resolved through mediation

4.  Seeking supervisor’s support and participation in ADR efforts
Shows willingness to listen to employee;
Be open-minded and imaginative to resolution
 Seek guidance from OGC/EEO for ALL resolutions

## 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**

**Notes:**
OCI does all EEO investigations

## 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!**

**Notes:**

  Communicate; be truthful
  Maintain an open mind
  Be cautious your actions are not perceived as retaliation

##          OFFICIAL TIME

-          **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*

**Notes:**
E.g.:  Speaking with the counselor; attending a hearing; being deposed, etc.
Remember the guideline is “reasonable”  --- check for guidance if you have questions.
Generally up to supervisor to grant/issue time; call if you have questions.

*Limited use of office equipment can be permitted only if limited use of office equipment is permitted for other people for non-business purposes.  For example, use of copier or fax if you let non-EEO complainants use them for personal use---this is “limited use” or “incidental” use

## Costs to the Agency

**   **

**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”

**Notes:**
Tangible and intangible expenses and losses:

Not only monetary costs, but also those less obvious long-term losses such as loss of respect and lowered employee morale--this decreases productivity and ultimately impacts salaries, bonuses or other employee perks

Others include:   
 Costly investigation and litigation 
 Embarrassing depositions
 Increased absenteeism
 Lower employee morale
 Decreased efficiency
 Higher employee turnover

##    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

**Notes:**
Our office doing our part--
  This training in new supervisors course
  Enhance EEO web page 
  Use of computer-based training through DSSA  (i.e. sexual harassment course)
  Enhance collection of training videos & publicize availability
  Continue to emphasize diversity & inclusion throughout Agency

## 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