SDDC

1

• SDDC
• Equal Employment Opportunity

Gerald M. Dean, Director Equal Employment
Opportunity/Civil Rights
2
Army EEO Vision Comes First

• GOALS
• A work environment free of unlawful
  discrimination
• Equal Employment Opportunity institutionalized
  as
• an integral part of the Army mission
• A work force reflective of our Nations
  diversity
• Army Equal Employment Opportunity professionals
• are experts in their field

3
Americas Army

Powered by people as diverse as the country we
serve
4
Applicable Laws

• Civil Rights Act of 1964 (Title VII) as
  amended
• Rehabilitation Act (1973) Sections 501 and 504
• Age and Discrimination in Employment Act of
  1967 as amended
• Equal Pay Act (1963)
• Americans with Disabilities Act (1990)
• Civil Rights Act of 1991

5
Implementing Guidance
29 Code of Federal Regulations, Chapter 1614 EEO
Management Directive 110 AR 690-12 EEO and
Affirmative Employment Programs AR 690-600 EEO
Complaints Processing Locally developed policies
and procedures
6
EEO Mission

• Provide technical assistance and guidance to
  Command staff elements and field activities
• Provide leadership for planning, organizing
  and directing the Equal Employment Opportunity
  (EEO) and related programs
• Provide EEO advice and assistance to employees
  and applicants for employment of rights under
  applicable laws and regulations

7
EEO Officer Function
On the Commanders personal staff ...
Serves as the Commanders KEY ADVISOR
MUST Report thru Chief of Staff -- or
higher Have ACCESS to the Commander Be viewed as
KEY ADVISOR to senior managers Have CONFIDENCE of
the work force
8
Types of Complaints
Class An employment policy, practice or procedure
when applied equally among individuals may
adversely affect a group of people.
Individual Personnel action personal in nature,
to an individual.
9
The EEO Complaint Process - who can file a
complaint?
Applicants, Current, Former and Prospective
Employees, Certain Contractors
10
Basis for filing a complaint

• Race
• Color
• Sex
• Age
• Religion
• National Origin
• Disability (physical or mental)
• Reprisal for Title VII Activity

Aggrieved must identify an issue relating to a
term, condition or benefit of EMPLOYMENT
11
Procedural Rights

• Informal Stage
• Representation
• Formal Stage
• Representation

Management and Witnesses

• Informal Stage
• Representation
• Remain anonymous
• Formal Stage
• Representation

Aggrieved
12
Overview of Complaint Process
Alleged Act or Action
45 Days
Alternative Dispute Resolution (ADR) Process
EEO Counselor
30 Days
Final Interview
30 Days 60 Days
15 Days
Formal EEO Complaint Filed
180 Days
Investigation Completed
Decision by AJ
Final Action by the Army
40 Days
30 Days
Final Action by Agency
Appeal to OFO
Complainant only
Agency or Complainant
Civil Action in Court
13
Informal Complaint Stage
Aggrieved initiates pre-complaint
process Within 45 days of alleged
incident Aggrieved chooses
Counseling by an EEO Counselor OR
Alternative Dispute Resolution (ADR)
Within 30 days of counseling or ADR attempt
aggrieved goes for final interview to
reassess situation
If aggrieved not satisfied after informal stage
- Can file a formal complaint Within 15 days
of final interview
14
Formal Complaint Stage
EEO Officer accepts or dismisses complaint If
Dismissed Complainant may Appeal to the Office
of Federal Operations (OFO) at EEOC, OR File
civil action in federal court If Accepted
Investigation conducted by DoD Office of
Investigations and Resolutions Division
(IRD) Report of Investigation issued to
complainant Complainant requests Hearing and
decision by an EEOC Administrative Judge
(AJ) Within 15 days of receipt of notice
requesting an AJ hearing from the complainant,
the EEO Officer must provide the records to the
AJ OR Final agency decision (EEOCCR)
15
Investigating Discrimination
1 Complainant must establish a prima facie
case 2 Employer must give legitimate
nondiscriminatory reason for actions 3
Complainant must prove employers reasons are a
pretext to conceal discrimination
burden of proof lies with the complainant
16
Back to Basics
17
Program Management
18
Managers should

• Create an environment that enables people to
  feel theyre
• part of the org/team
• Be honest/Tell the truth
• Be credible
• Have legitimate nondiscriminatory reasons for
  their actions
• Keep lines of communication open toward
  resolution
• Be professional

Managers should not

• Fail to act as managers for fear of complaints
  being filed
• Criticize complainants reasons for filing a
  complaint
• Retaliate against anyone for filing or
  participating in a
• complaint
• Become defensive

19
EEO Program Concerns

• Leaders fail to assume program ownership
• Leader development
• Employee distrust of management
• Accountability through performance
• and behavior
• Not enough work environment monitoring

20
Failure to Address Employee EEO Concerns

• Costly
• Reduces productivity
• Causes chaos throughout the
• work place
• Trust is hard to regain
• Loss of valuable employees
• Mission suffers

21
Costly ...
Informal
5,000 - 2,000,000
Complaint Processing
Formal
9,000 - 6,000,000
22
Embryonic Stage
Address employee concerns early!
Best and most cost effective opportunity for
leaders to address individual concerns and
attempt resolution
23
Address Employee Concerns Early!
Whats in it for you? No surprises Saves time,
money, less turnover Builds healthy, cohesive
team Increases productive environment Promotes
Readiness and Mission Accomplishment
24
Think About it...
25
Leadership Initiatives
Develop a plan to examine morale, teamwork and
communication Hold supervisors accountable for
the health welfare of their organizations Ident
ify aspiring leaders -- mentor and train Provide
leader and supervisory development training
26
SDDC EEO

QUESTIONS??