Overview of EEO Complaininat Process and
IMPORTANT TIME LINES
Initate Contact with Counselor- within 45days (Calandar)
Formal Complaint - within 15 days from the date recieve notice from the Counselor
Investigative Stage- 180 Days
Notice of Rights to a hearing or Final Agency Decision- 30 Days Received with the Report of Investigation (ROI)
Hearing Stage- Judge Sets timeframes
Title VII of the Civil Rights Act of 1964- This law makes it illigal to discriminate against someone on the basis of Race, Color, Religion, National origin, Disability, Sex (Includes Pregnancy & Sexual Harassment) and Retaliation for EEO Activity.
The Pregnancy Act- This law amended Title VII to make it illigal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Age Discrimination in Employment Act of 1967- Protects people over the age of 40 from discrimination because of age.
Americans with Disabilities Act 1990 and as Amended 2009- makes it illegal to discriminate against a qualified person with a disability in the private sector and in state/local Governments.
Rehabilitation Act 1973- This law gave Federal workers the same protections under Americans with Disabilities Act as Amended.
Genetic Information Nondiscrimination Act 2008- makes it illigal to discriminate based on genetic information. Genetic information includes medical disorder's/diseases that run in family.
Equal Pay Act of 1963- Makes it illigal to pay different wages to men and women if tehy perform equal work in the same workplace.
Key things to remember
Never miss a time frame or your case can be dismissed
The EEO Counselor is not your friend/Representive
Retaliation for union activity is not EEO it is a violation of 5 USC 7116 (a)(4) -Unfair Labor Practice
Relevant EEO Cases
HOW AGENCY COUNSELS UNETHICALLY MANIPULATE EEO INVESTIGATIONS
Attorneys are supposed to aggressively represent their clients, but they are also required to avoid acting unethically. The EEOC just issued a decision reminding agency attorneys of that. It found that attorneys representing SSA management improperly interfered with the EEO investigation process by helping agency managers draft their affidavits, giving them “feedback” when they wrote things the agency attorney felt would hurt the agency. EEOC wrote that, “However, during the informal counseling stage and the investigation into the accepted issues of the complaint, the agency representative should not have a role in shaping the testimony of the witnesses or the evidence gathered by the EEO Investigator.” That means agency attorneys may not review or assist agency witnesses in drafting testimony. The Commission made clear that if the attorney’s interference impacts the ultimate decision it will impose sanctions, which could include sustaining the employee’s complaint for interference reasons alone. In fact, interference by anyone in management would be wrong.Seems like in every future case employee attorneys should be asking agency witnesses if the agency attorney played any role in preparing their affidavit, disclosing evidence, etc. Check out Josefina L. v. SSA EEOC No. 0120161760 (2018)
DHS MANAGERS’ SWORN STATEMENTS “SUSPICIOUSLY THIN AND VAPOROUS AND NOT SUPPORTED BY THE RECORD” SAYS EEOC
The facts of yet another Homeland Security merit promotion EEOC case brought a big smile to our faces. No other agency manipulates the law, regulations, the truth, and its people like DHS—although a few are hot on its heels. In this case, a highly experienced, long-time employee filed an EEO charge alleging discrimination when she was not selected. DHS managers instead chose a newcomer to the agency as well as the occupational field of the vacancy.
How to Contact Us:
Council Prison Locals 33 North Central Region
North Central Regional
Fair Practice Coordinator
Congratulations Chris Janssen and Local 709 E-Board on their timely payment of overtime appeal decision!!
Congratulations to Dave Gardner and the Local 720 E-Board on their Sick Leave Abuse Letter arbitration victory!
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