EEO

Overview of EEO Complaininat Process and

IMPORTANT TIME LINES

 

Timelines Breakdown

 

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

Federal Laws

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

 

The BOP for years have used the Attorneys to "review" and "assist" their managers in answering there interrogatories, the EEOC will sanction for this! When in discovery you should be asking all managers to state who if anyone assisted with there responses to the EEO investigator and then follow up with an email search (discovery) of that managers email box searching for the EEO case number and all sent/received emails.
 

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.

http://fedsmill.com/dhslies6447-2#more-6447

 

How to Contact Us:

Council Prison Locals 33 North Central Region 



Kenneth Juhasz,

NCR Vice President

(419) 944-8002

 

Steve Markle

North Central

Legislative Coordinator

(812) 798-1050

 

Sandy Parr

North Central Regional

Fair Practice Coordinator

(507) 254-1029

 

 

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!

Click to view Sick Leave Arbitration PDF File.

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