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TAMPA HUMAN RESOURCESEEO UPDATE
FEBRUARY 21, 2018
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EEOC UPDATESA National and Local Perspective
Michael J. Farrell Director, EEOC Miami District Office
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EEOC’s Mission is to Achieve Compliance with
Federal Anti-Discrimination Laws through
Outreach, Mediation, Investigation, Conciliation
and Litigation
*Outreach and Education Services
*Intake Procedures/State and Local Partners
*Alternate Dispute Resolution (“ADR”) Program
*Investigation – Digital Charge System
*Negotiated Settlements/Conciliation
*Litigations Priorities and Procedures
*Freedom of Information Act Procedures
EEOC TECHNICAL ASSISTANCE PROGRAMS (“TAPS”)
* ORLANDO – EARLY AUGUST 2018
* MIAMI – MID-AUGUST 2018
CUSTOMER SPECIFIC TRAINING
**NEW** RESPECTFUL WORKPLACE TRAINING
EMPLOYEE/ADVOCACY GROUPS
HUMAN RESOURCES ORGANIZATIONS (“SHRM”)(“ILG”)
BAR ASSOCIATIONS/ATTORNEY ORGANIZATION
Florida Law Alliance
Florida NELA (National Employment Lawyers Association)
AFMA (Association of Florida Management Attorneys)
EMPLOYEE INQUIRY/APPOINTMENT SYSTEM
Rollout – November 2017
Streamline Inquiry Process/Improve Efficiency
Reduce “No Action” Notices/Immediate Dismissals
INTAKE COUNSELING
In-person counseling sessions 1-2 hours
EEOC does not have authority to “close courthouse doors”
PRIORITY CHARGE HANDLING SYSTEM (“PCHP”)
Charges Categorized at Intake Stage and Reassessed during Investigation
Charge Categories are covered under Deliberative Process Privilege (FOIA (b)(5))
NOTICE TO EMPLOYER
Via Email
Employer-provided Email Service Addresses
EEOC
Miami District Office
Tampa Field Office
San Juan Local Office
Fair Employment Practices Agencies (FEPA’s)(9)
The Florida Commission on Human Relations
Miami-Dade County Commission on Human Rights
Palm Beach County Office of Equal Opportunity
Pinellas County Office of Human Rights
Jacksonville Human Rights Commission
Orlando Office of Human Relations
Tampa Community Affairs Div./Office of Human Rights
Puerto Rico Dept. of Labor
U.S. Virgin Islands Department of Labor
EEOC’s ADR PROGRAM
Launched in 1998
Over 95% Favorability Polls
Free
Voluntary
Firewall Between ADR and Enforcement
THE MIAMI DISTRICT
5 In-House Mediators
1 Dedicated In-House Mediator in Jacksonville
Leased Office Space in Jacksonville
8 Contract Mediators
ADR QUESTIONS:• Which Charge Are Selected to Participate in EEOC’s
ADR Program?
• How does the EEOC’s Process work Once a Charge is
Selected for its ADR Program?
• How Long does the Process Take?
• What will EEOC Agree to (or not Agree to) as Part of an
ADR Resolution?
• Will EEOC Enforce an ADR Agreement?
EEOC Investigations Move into the 21st Century
• Move to a 100% Digital System
• New Position Statement Guidance
• Lower Caseload/Investigator
• Lower Supervisor/Investigator Ratio
• Heightened Responsiveness
• Faster Case Resolution
• Faster FOIA Processing
NEGOTIATED SETTLEMENTS
During Investigative Process – Pre-Determination
Negotiated by Investigator and Supervisor
Settlement Terms Only Reported in Aggregate
Same “Do’s” and “Don’ts” as ADR
Closes Case – FOIA Requests Denied
CONCILIATION
Post “Reasonable Cause” Determination
EEOC is a Party – Equitable Relief Likely
Closes Case Prior to Litigation Review
EEOC LITIGATION
◦ Advance SEP Priorities in Federal Courts
◦ Address Large-Scale Systemic Discrimination
◦ Education and Presence in Underserved Areas
◦ Service to Underserved Communities
◦ Correct and Prevent Egregious Discrimination
◦ Protect the Integrity of the EEOC Process and the
Laws EEOC Enforces
EEOC’s Strategic Enforcement Plan (FY2017-21)
Priority Issues:
1. Eliminating Barriers in Recruitment and Hiring;
2. Protecting Vulnerable Workers, Including Immigrant and Migrant Workers and Underserved Communities;
3. Addressing Selected Emerging and Developing Issues (Inflexible Leave Policies, LGBT Coverage Under Title VII, Intersection of PDA and ADA and Complex Employment Relationships);
4. Enforcing Equal Pay Laws for All Workers;
5. Preserving Access to the Legal System;
6. Preventing Systemic Harassment.
Going Digital
Email FOIA Requests (Including Tampa and San Juan) to:
Digital Copies of Case Files sent via Email
FOIA Questions and Recommendations
Distinction between FOIA and Section 83
When Should I Request a FOIA?
Do I Need to Attach Documents to a FOIA Request?
What is Exempt from FOIA?
Appeal Rights?
Emergency Service
Michael J. Farrell
Director, EEOC Miami District
100 SE 2nd Street, #1500
Miami, FL 33131
Email: [email protected]
Evangeline Hawthorne
Director, EEOC Tampa Field Office
501 E. Polk Street, #1000
Tampa FL 33602
Email: [email protected]