Equal Employment Opportunity Inquiry

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Equal Employment OpportunityInquiry
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Role of the Counselor

• Neutral Party Not an advocate for either
  aggrieved person or management
• Take notes and gathers information
• Seek resolution on an informal (pre-complaint)
  level

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OVERVIEW EEO COMPLAINT PROCESS
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You have a right
To representation The aggrieved may be
accompanied, represented, and advised during all
counseling interviews by a representative,
designated in writing. Representation will be
limited when there is a conflict of interest as
defined in AR 690-600, 8-3. To remain anonymous
during the pre-complaint process the identity of
the aggrieved will not be revealed without
permission from the aggrieved. To file a formal
complaint if matter is not resolved during
informal pre-complaint process. Only claims
raised or like or related in the pre-complaint
counseling may be alleged in a subsequent formal
complaint.
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Two Prongs of Discrimination
The Claim
The Basis
What Happened Actions by which the aggrieved
believes they have been harmed as non-selection
for promotion, disciplinary action, harassment,
not accommodated, etc.
Why it Happened Denial of employment opportunity
based on race, sex, color, religion, national
origin, physical or mental disability, age (40
years of age or over) or reprisal for EEO
activity.
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Avenues of Redress
Where do you go when harmed?
MSPB (When notified in writing or in claims of
constructive discharge)
Union
Office of Special Counsel (Safeguards merit
system and complaints based on sexual orientation)
Administrative Grievance
EEO Discrimination
Mediation
In mixed cases, the aggrieved has the right to
either file an appeal directly with the MSPB or a
mixed case complaint under VII procedures, but
not both.
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Additional Option for Sexual Harassment Complaints
In addition to filing a complaint, under 1561 of
Title 10, United States Code, if you are
supervised by a military member, you have the
option of also filing a sexual harassment
complaint with Garrison Commander. Even if you
elect to file a complaint under Section 1561, you
may, at the same time, continue the processing of
your sexual harassment complaint in the EEO
Complaint Processing System.
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Additional Option
Age Discrimination in Employment Act In claims
based on a violation of the ADEA, the aggrieved
may elect to bypass the administrative procedure
and file a civil action in an appropriate U.S.
District Court after first giving the EEOC not
less than 30 days notice of intent to file a
civil action. Attorneys fees and cost are not
recoverable in the administrative process and
compensatory damages are never an available form
of relief.
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Additional Option
Equal Pay Act The aggrieved has the right to file
a civil action in an appropriate U.S. District
Court in lieu of administrative processing under
90 CFR Part 1614 when the claims concern
violations of the Equal Pay Act. Attorneys fees
and cost are not recoverable in the
administrative process and compensatory damages
are never an available form of relief.
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Additional Option

• The aggrieved has the right to file a civil
  action in the appropriate U.S. District Court in
  a non-mixed case
• 180 days after filing a formal complaint and a
  final Army decision has not been rendered
• within 90 days after receipt of a final Army
  decision and no appeal to the EEOC has been
  filed
• 180 days after filing an appeal to the EEOC and
  no decision on the appeal has been issued
• or within 90 days after receipt of the EEOCs
  decision on appeal

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Theories of Discrimination
Disparate Treatment - Individual perceives they
have been treated differently from similarly
situated people outside their protected
group. Adverse Impact (Class Complaint)
Employment practices, applied equally, that have
the effect of excluding or otherwise adversely
affecting persons on the basis of race, color,
sex, religion, national origin, age, and physical
or mental disability in significant numbers.
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Theories of Discrimination
Accommodation - (Disability and Religion)
Failure to accommodate an employees or
prospective employees religious practices, and
failure to provide reasonable accommodations for
a employee or prospective employee with a
disability. Retaliation - Any act of restraint,
interference, coercion, discrimination or
reprisal against any person because the person
has opposed the practices made unlawful by Title
VII, the Rehabilitation Act/the ADEA.
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Responsibilities

• Cooperate with EEO officials by clearly defining
  the claim(s) of discrimination for inquiry.
• Notify EEO, in writing, of your current mailing
  address and phone number
• Inform EEO Officer whether you are represented,
  by whom, their email and mailing addresses,
  telephone and fax numbers, and all changes
• You have a legal obligation to mitigate damages
• Inform EEO Officer of election or redress
• File EEO complaint within 15 calendar days of
  receipt of Notice of Right to File a Formal
  Complaint after Counseling/Mediation.

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Corrective Action

• What will make you feel whole? Make it personal.
• Retroactive promotion
• Lost salary
• Reinstatement of leave
• Training
• Priority Consideration
• Detail
• Reassignment
• The remedy is usually connected to the loss.
• Punishing, reprimanding, or firing someone else
  is not personal to the aggrieved.
• Asking for an apology can become an obstacle to
  resolution because an apology could be viewed as
  an admission of guilt.

• Higher performance rating
• Remove adverse action from files
• Reevaluate selection procedures
• New supervisor
• Pain and suffering
• Loss of quality of life
• Attorney fees

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Informal Resolution

• Resolutions are to be legal, logical, workable,
  supported by facts, and satisfactory to aggrieved
  and management.
• Resolutions will be documented and coordinated
  with the Labor Counselor, Civil Law Attorney, and
  EEO Officer.

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Questions???