Equal Employment Equal Employment Opportunity Opportunity

(EEO)(EEO)

Division of ImmigrationDivision of Immigration

Health ServicesHealth Services

FY 2010FY 2010

ObjectiveObjective

At the end of this presentation, you At the end of this presentation, you should be able to:should be able to:

Explain the EEO complaint processExplain the EEO complaint process

Purpose of the SystemPurpose of the System

To identify and eradicate To identify and eradicate discriminationdiscrimination

StatuesStatues (Related to EEO) (Related to EEO)

Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964-1964- prohibits individual and class prohibits individual and class discrimination in the federal government on the discrimination in the federal government on the basis of race, color, sex, national origin and basis of race, color, sex, national origin and religionreligion

Age Discrimination in Employment Age Discrimination in Employment Act-Act- prohibits discrimination in the federal prohibits discrimination in the federal government on the basis of age when the government on the basis of age when the complainant is 40 years of age or oldercomplainant is 40 years of age or older

Rehabilitation Act of 1973-Rehabilitation Act of 1973- prohibits prohibits discrimination on the basis of disabilitydiscrimination on the basis of disability

RepresentationRepresentation

It is YOUR responsibility to provide the It is YOUR responsibility to provide the agency’s EEO office and the Equal agency’s EEO office and the Equal Employment Opportunity Commission Employment Opportunity Commission (EEOC) with your representative’s name, (EEOC) with your representative’s name, address, and telephone number, and of address, and telephone number, and of any changes in your representation.any changes in your representation.

Rights & ResponsibilitiesRights & Responsibilities

The EEO Counselor will provide you The EEO Counselor will provide you with a written statement of your with a written statement of your rights and responsibilities within the rights and responsibilities within the complaint processcomplaint process

AnonymityAnonymity

During the pre-During the pre-complaint phase, complaint phase, you are entitled to you are entitled to CONFIDENTIALITY CONFIDENTIALITY unless waived. unless waived. Upon filing a formal Upon filing a formal complaint, you no complaint, you no longer have the longer have the right to anonymityright to anonymity

EEO ProcessEEO Process

Informal Informal EEO CounselingEEO Counseling

FormalFormal InvestigationInvestigation

Informal EEO ProcessInformal EEO Process

During this process, you must decide During this process, you must decide whether to proceed with traditional EEO whether to proceed with traditional EEO counseling or elect counseling or elect Alternative Dispute Alternative Dispute ResolutionResolution (ADR) process: (ADR) process:

-A mediator is assigned-A mediator is assigned

-The process is confidential-The process is confidential

Informal CounselingInformal Counseling You must contact an EEO counselor within You must contact an EEO counselor within

45 days of the alleged discriminatory action45 days of the alleged discriminatory action

If you choose counseling, attempts will be If you choose counseling, attempts will be made to resolve the case within 30 daysmade to resolve the case within 30 days

If the case is not informally resolved, the If the case is not informally resolved, the counselor will issue a notice terminating counselor will issue a notice terminating counseling and instructing you on how and counseling and instructing you on how and where to file a formal EEO complaint, where to file a formal EEO complaint, unless you agree in writing to extend the unless you agree in writing to extend the time frame to an additional 60 daystime frame to an additional 60 days

Informal CounselingInformal Counseling

Should you choose the ADR process Should you choose the ADR process instead, you and the agency will instead, you and the agency will have 90 days within which to resolve have 90 days within which to resolve the issues you have raisedthe issues you have raised

If a settlement is reached, the terms If a settlement is reached, the terms will be incorporated into a resolution will be incorporated into a resolution agreement for signature by you and agreement for signature by you and an appropriate agency officialan appropriate agency official

Unsuccessful ADRUnsuccessful ADR If ADR is unsuccessful, If ADR is unsuccessful,

you will receive a you will receive a letter terminating the letter terminating the ADR process and ADR process and instructing you on how instructing you on how and where to file a and where to file a formal EEO complaint. formal EEO complaint.

Copies of the report of Copies of the report of counseling/ADR counseling/ADR activity will be activity will be forwarded to you or forwarded to you or your representative your representative and to the agency.and to the agency.

Formal EEO ProcessFormal EEO Process

You may file a formal complaint of discrimination You may file a formal complaint of discrimination within 15 days of receipt of the EEO counselor’s within 15 days of receipt of the EEO counselor’s notice of final interview. The complaint must be notice of final interview. The complaint must be in writing and signed and delivered or mailed to in writing and signed and delivered or mailed to the agency officethe agency office

The EFFECTIVE DATE OF FILING is the date on The EFFECTIVE DATE OF FILING is the date on which it is received in the agency EEO office which it is received in the agency EEO office named in your notice of final interviewnamed in your notice of final interview

You may amend the complaint at any time prior You may amend the complaint at any time prior to the conclusion of the investigation, or after to the conclusion of the investigation, or after requesting a hearing before an EEOC requesting a hearing before an EEOC administrative judgeadministrative judge

Formal EEO ProcessFormal EEO Process

Any request to amend the complaint Any request to amend the complaint during the hearing process must be during the hearing process must be made in the form of a ‘motion to made in the form of a ‘motion to amend’ and presented directly to the amend’ and presented directly to the Administrative judge and a copy sent Administrative judge and a copy sent to the agencyto the agency

Acknowledge of ReceiptAcknowledge of Receipt

Receipt of your complaint and any Receipt of your complaint and any amendments will be acknowledged in amendments will be acknowledged in writing. The agency will identify the writing. The agency will identify the issues that it will accept for issues that it will accept for investigation as well as those investigation as well as those needing clarificationneeding clarification

ReportReport

After the investigation (which is usually done After the investigation (which is usually done by a private firm under contract with the by a private firm under contract with the agency), you will receive a notice agency), you will receive a notice indicating that you must make an election indicating that you must make an election within 30 days of receipt of the noticewithin 30 days of receipt of the notice

Final Agency DecisionFinal Agency Decision

You may either make a written request You may either make a written request for a final agency decision based upon for a final agency decision based upon the report of investigation (ROI) or the report of investigation (ROI) or request a hearing and a decision from an request a hearing and a decision from an EEO AJEEO AJ

You must submit your written request for You must submit your written request for a hearing directly to the EEOC office a hearing directly to the EEOC office identified in the election letter, and send identified in the election letter, and send a copy of the request to the agencya copy of the request to the agency

Final Agency DecisionFinal Agency Decision

If you elect to receive a If you elect to receive a final agency decision final agency decision on the record, or if you on the record, or if you do not make an do not make an election, the agency election, the agency will issue a decision on will issue a decision on the record within 60 the record within 60 days of receipt of your days of receipt of your election, or 60 days election, or 60 days from the end of the 30 from the end of the 30 day election periodday election period

AppealAppeal

If the agency dismisses all or part of a complaint, or If the agency dismisses all or part of a complaint, or if you disagree with other aspects of the agency’s if you disagree with other aspects of the agency’s decision, you may file an appeal with the EEOC decision, you may file an appeal with the EEOC Office of Federal Operations (OFO) within 30 days Office of Federal Operations (OFO) within 30 days after receipt of the agency dismissal or final agency after receipt of the agency dismissal or final agency action. You then have an additional 30 days to file action. You then have an additional 30 days to file a statement or brief in support of your appeala statement or brief in support of your appeal

If the agency will not fully implement the AJ’s If the agency will not fully implement the AJ’s decision, it must file an appeal with the EEOC within decision, it must file an appeal with the EEOC within 40 days of receipt of the AJ’s decision, and file a 40 days of receipt of the AJ’s decision, and file a brief within the following 20 daysbrief within the following 20 days

AppealAppeal

Opposition briefs must be served on the Opposition briefs must be served on the opposing party within 30 days of receipt of opposing party within 30 days of receipt of the brief in support of the appeal, or if no the brief in support of the appeal, or if no brief is filed, within 60 days of receipt of brief is filed, within 60 days of receipt of the appealthe appeal

Thanks for your time and attention!!!Thanks for your time and attention!!!