Equal Employment Opportunity (EEO)

Equal Employment Opportunity (EEO) Division of Immigration Health Services FY 2010

Objective At the end of this presentation, you should be able to: • Explain the EEO complaint process

Purpose of the System To identify and eradicate discrimination

Statues (Related to EEO) • Title VII of the Civil Rights Act of 1964-prohibits individual and class discrimination in the federal government on the basis of race, color, sex, national origin and religion • Age Discrimination in Employment Act-prohibits discrimination in the federal government on the basis of age when the complainant is 40 years of age or older • Rehabilitation Act of 1973-prohibits discrimination on the basis of disability

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

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

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

EEO Process • Informal • EEO Counseling • Formal • Investigation

Informal EEO Process • During this process, you must decide whether to proceed with traditional EEO counseling or elect Alternative Dispute Resolution (ADR) process: -A mediator is assigned -The process is confidential

Informal Counseling • You must contact an EEO counselor within 45 days of the alleged discriminatory action • If you choose counseling, attempts will be made to resolve the case within 30 days • If the case is not informally resolved, the counselor will issue a notice terminating counseling and instructing you on how and where to file a formal EEO complaint, unless you agree in writing to extend the time frame to an additional 60 days

Informal Counseling • Should you choose the ADR process instead, you and the agency will have 90 days within which to resolve the issues you have raised • If a settlement is reached, the terms will be incorporated into a resolution agreement for signature by you and an appropriate agency official

If ADR is unsuccessful, you will receive a letter terminating the ADR process and instructing you on how and where to file a formal EEO complaint. Copies of the report of counseling/ADR activity will be forwarded to you or your representative and to the agency. Unsuccessful ADR

Formal EEO Process • You may file a formal complaint of discrimination within 15 days of receipt of the EEO counselor’s notice of final interview. The complaint must be in writing and signed and delivered or mailed to the agency office • The EFFECTIVE DATE OF FILING is the date on which it is received in the agency EEO office named in your notice of final interview • You may amend the complaint at any time prior to the conclusion of the investigation, or after requesting a hearing before an EEOC administrative judge

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

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

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

Final Agency Decision • You may either make a written request for a final agency decision based upon the report of investigation (ROI) or request a hearing and a decision from an EEO AJ • You must submit your written request for a hearing directly to the EEOC office identified in the election letter, and send a copy of the request to the agency

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

Appeal • If the agency dismisses all or part of a complaint, or if you disagree with other aspects of the agency’s decision, you may file an appeal with the EEOC Office of Federal Operations (OFO) within 30 days after receipt of the agency dismissal or final agency action. You then have an additional 30 days to file a statement or brief in support of your appeal • If the agency will not fully implement the AJ’s decision, it must file an appeal with the EEOC within 40 days of receipt of the AJ’s decision, and file a brief within the following 20 days

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

Thanks for your time and attention!!!

Equal Employment Opportunity (EEO)