SAIGE 11th Annual National Training Program

Presented By:Cynthia D. Dunn, Internal Revenue Service (IRS)

Tax Exempt and Government Entities (TE/GE)Office of Equity, Diversity and Inclusion (EDI)

Understanding Your EEO Rights and Responsibilities

Who Am I?

Cynthia Dunn, Director, TE/GE, Equity, Diversity and Inclusion

Highest Ranking Native American Ancestry Official in TE/GE

34 Years of Federal Service EEO/EDI/Diversity/Civil Rights Field

since 1992 Lifetime Member of SAIGE Tribal Affiliation = Crow and Blackfeet Proud Mother and Grandmother

What is EEO?

Employment discrimination laws were enacted to combat types of widespread discrimination that exists in some workplaces including Federal agencies. These laws are aimed at eliminating stereotypes, prejudice, and unsupported assumptions about an individuals ability to do a job.

Title 29 C.F.R. Part 1614

This is the regulation governing the processing of Federal sector discrimination complaints.

These regulations set time limits for each portion of the complaint.

The Equal Employment Opportunity Commission (EEOC) has provided further guidance and interpretation of 29 CFR 1614 in its EEOC Management Directive - 110

Laws and Regulations

There are several statues that define and prohibit discrimination in the workplace:

Title VII of the Civil Rights Act of 1964 Age discrimination in Employment Act of

1967 The Rehabilitation Act of 1973 The Civil Rights Act of 1991 The Fair Labor Standards Act of 1938 The Equal Pay Act of 1963

Bases of DiscriminationAn employee may allege discrimination on one or more of the

following bases:

Race and Color National Origin Religion Sex

Disability Age Reprisal Sexual

Orientation* Parental Status* Protected

Genetic Information*

* Executive Orders

Definitions of Bases Race

The US Government currently recognizes 5 races for legislative, programmatic, and administrative requirements:

American Indian or Alaskan Native, Black or African American, White, Asian, and Hawaiian or other Pacific Islander

Color Various complexions (light or

dark) National Origin

Individual’s or ancestor’s place of origin

Religion Religious beliefs or practices

Sex Male or Female Also protect Pregnancy

Discrimination Disability

Actual or perceived disability or a history of such disability

The agency is also required to provide Reasonable Accommodations

Age Age 40 or older

Reprisal Complainants, witnesses, EEO

Employees

Summary of EEO Complaint Process

What is EEO Office Responsibility?

Counseling (Informal Complaint)

You have 45 days from the alleged act of discrimination or the time you became aware of the discrimination to contact the EEO Office or an EEO Counselor.

The Counseling period will last up to 30 days. It can be extended an additional 60 days if necessary.

The Counselors attempts settlement. A Notice of Right to File a Formal Complaint will be issued to you if there is no settlement.

As of April 1, 2001 the Internal Revenue Service will offer the opportunity to resolve disputes through it’s Alternative Dispute Resolution (ADR) Program. Federal agencies may differ.

The IRS has chosen Mediation as the tool for resolving disputes.

Formal Complaint

Complainant has 15 days from receipt of notice to file the complaint

The complaints are filed with the Treasury Complaint Mega Center in Dallas.

The Complaint Center determines whether to accept or dismiss all or part of the complaint.

EEO Investigation

If the complaint is accepted: The Treasury Complaint Center must

complete the process within 180 days from filing date.

The Investigation process may be extended up to an additional 90 days.

An EEO Investigator will take sworn testimony from all individuals deemed to have pertinent information to the complaint.

Employee’ EEO Responsibility

Attempt to resolve conflict prior to filing an EEO pre complaint

Know your rights EEO vs. NTEU Fully describe the issues and how they

relate to the discriminatory basis – Be Honest and Truthful!

Keep an open mind to communicating Suggest and recommend solutions Acknowledge misunderstandings Relax and let the process work

Management’s EEO Responsibility

Understand the “reason” employee filed a complaint.

If the Complainant choose ADR – it is mandatory management participation.

Suggest possible solutions. Be honest and truthful when

responding. Seek Guidance and Assistance. Relax and let the process work.

Preventing EEO Complaints

“ The measure of a man is not where he stands in moments of comfort and

convenience, but where he stands at times of challenge and controversy”

Martin Luther King

Tips on How to Prevent Potential EEO Complaints

Communicate issues and concerns, be clear on expectations and needs

Don’t let manageable concerns grow into serious problems

Show interest—get to know your manager – “What makes them tick”

Recognize People differ from each other (and you) – but:

* Avoid and suspend preconceptions

* Base decisions on objective factors

* Don’t fuel workplace fires

Tips on How to Prevent Potential EEO Complaints

Treat people with respect, maintain their sense of self-worth

Be human, be positive, and keep your sense of humor

“ Sleep on it!” before reacting (particularly email) Be consistent in the way you treat people Be careful of defensiveness in response to

complaints Show gratitude and recognize good work, and do

it timely Be honest follow through on promises and don’t

over - promise

Tips on How to Prevent Potential EEO Complaints

Listen, and show you are listening: - Seek dialogue, not debate - Use active listening - Use a “gesture of empathy” - Look for common interests, build on them

Preventing EEO Complaints

“No plan is worth the paper it is printed on unless it starts with you

doing something about it” Anonymous

7-Step Overview of Federal Sector EEO Complaint Process

EEO Counselor Filing a Formal Complaint Agency Issues A Decision (Final

Action) Requesting A Hearing Filing An Appeal of the Agency’s Final

Order Request For Reconsideration of the

Appeal Decision Filing A Lawsuit

Communicating for Better Relationships

Rules for Active Listening

Listen with Respect Don’t Challenge or Interrupt Check for Understanding Don’t Problem-Solve Listen for all the is being said

Communication Barriers

Be mindful of communication barriers Ordering, directing, and commanding Threatening Exhorting, moralizing, and preaching Lecturing Judging, criticizing, disagreeing, and

blaming

Handling Emotions

You can have brilliant ideas, but if you can’t get them across your ideas

won’t get you anywhere - Lee Iacocca

Handling Emotions

Name it Avoid Personal Attacks Take a break Find a safe place to vent and a safe

person to vent with Keep current Keep Talking

Handling Others Emotions

Acknowledge Find a time and place to talk Consider the source Know your own “Hot Buttons” Balance rational with emotional Set Boundaries

A Conflict Management Tool

What to do:Get Clear on the IssuesAttack the problem not

the person

Listen to what the person has to say

His/her positions and proposed solutions

Identify and affirm underlying interests

Priorities and common ground

Develop optionsBrainstorm, focus on

interests

Identify the best solutionFocus on future &

objective criteria

Agree on next stepsSummarize and cover

the details

A Conflict Management Tool

How to do it—(good communication)Encourage Communication by creating a safe

and comfortable environment, listening and showing interest.

Clarify issues and interests with active listening, but don’t interrupt too much.

Validate and Recognize what’s said –paraphrase, feedback, summarize occasionally.

Strategies for Communication

Expect the unexpected Consider the other person Prepare a list of questions in advance Identify and prioritize the issues “Set the stage”

Who is Responsible for EEO?

All of Us!EEO is for Everyone!

QUESTIONS?