EOR TRAINING

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EOR TRAINING

MILITARY COMPLAINTS PROCESS
Miami, Florida 21 March 2002
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MILITARY COMPLAINTS PROCESS

• OVERVIEW
• EO Hierarchy
• EOR Responsibilities
• EOR Tools
• Definition of Discrimination
• Who May File a Complaint
• Informal vs Formal complaint
• Basis(es) Issue(s)
• Allegation Statements
• Inquiry vs Investigation
• Other References

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MILITARY COMPLAINTS PROCESS
EO HIERARCHY
The Adjutant General
The Agency Director for EO (ADEO)
Human Relations / EO Officer
Equal Opportunity Advisor
Equal Opportunity Representative
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MILITARY COMPLAINTS PROCESS

EOR RESPONSIBILITIES

• To partner with your MACOM EOA Commander
• To act as liaison between Complainant and
  Commander
• To facilitate the resolution of the complaint

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MILITARY COMPLAINTS PROCESS

EOR TOOLS

• Regulation -- NGR (AR) 600-22 dated 30 Mar 01
• NGB Form 333-1
• Good Rapport with Commander EOA
• Other References ??

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MILITARY COMPLAINTS PROCESS

DEFINITION OF DISCRIMINATION

The use of power to convert prejudice (a
belief or attitude) into action.

By Dr. Robert Terry
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MILITARY COMPLAINTS PROCESS

Who May File a Complaint??

• Any current or former military member (M-Day,
  AGR, or ADSW)
• Applicants for Title 32 membership
• Family members
• Beneficiaries of services, program, or
  activities of the NG under Title VI

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MILITARY COMPLAINTS PROCESS

Who May File a Complaint??

• Any aggrieved individual who believes s/he has
  been illegally discriminated against due to race,
  color, national origin, religion, gender
  (including
• sexual harassment) or reprisal for having engaged
  in a protected EO activity.

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MILITARY COMPLAINTS PROCESS

Informal vs Formal

• Informal -- the first level in the chain of
  command
• (fact finding stage)
• Formal -- if not resolved at the first level in
  the chain of command (commanders inquiry or
  formal investigation)

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MILITARY COMPLAINTS PROCESS

BASIS(ES)

• Race
• Color
• National Origin
• Gender (Sexual or Non-Sexual)
• Religion
• Reprisal

Ref Title VI of the Civil Rights Act
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MILITARY COMPLAINTS PROCESS

ISSUE(S)

• Appointment / Enlistment
• Assignment of Duties
• Awards / Decorations
• Disciplinary Actions
• Duty Hours

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MILITARY COMPLAINTS PROCESS

ISSUE(ES) - Continued

• Evaluation / Appraisal
• Harassment Due any of the basis
• Promotion / Non-Selection
• Reassignment
• Retirement

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MILITARY COMPLAINTS PROCESS

ISSUE(ES) - Continued

• Time and Attendance
• Training / Education
• Other (must specify)

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MILITARY COMPLAINTS PROCESS

ALLEGATION STATEMENT

• This statement identifies the following in a
  clear and concise manner
• Who
• What
• When
• Where

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MILITARY COMPLAINTS PROCESS

ALLEGATION STATEMENT Example
I was discriminated against on (date) on the
basis of (identify basis race, gender, etc.)
when (the alleged offender or ADO) briefly list
the discriminatory event(s) or personnel
action(s).


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MILITARY COMPLAINTS PROCESS

INQUIRY vs INVESTIGATION

• Inquiry
• - More in depth than fact finding
• - Appointed by Commander
• Investigation
• - Appointed by Commander
• - Must take sworn testimony
• - Must complete Report of Investigation

EO Officials will not do either
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MILITARY COMPLAINTS PROCESS

DEFINITION OF AN EO COMPLAINT

An allegation that an unlawful act has occurred
in violation of Titles VI or VII of the Civil
Rights Act of 1964.

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MILITARY COMPLAINTS PROCESS

COMMAND EMPHASIS

• The chain of command is the primary channel for
  correcting discriminatory practices.
• Any person who believes himself/herself to be a
  victim of discrimination or has knowledge of that
  kind of behavior can report it or submit a
  complaint through the chain of command.

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MILITARY COMPLAINTS PROCESS

The Military Complaint System

• Must be filed within 180 days
• Chain of command will address complaint
• Complaint originates as an inquiry
• Formal complaint must be in writing (NGB Form
  333-1)
• Complaint not resolved may go to next higher
  level

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MILITARY COMPLAINTS PROCESS

Equal Opportunity Time Frames

• Aggrieved must file within 180 days
• Lowest level in chain of command has 30 days (or
  thru next drill)
• Interim commander has 60 days
• Subsequent levels have 30 days each
• TAG has 90 days
• NGB has one year

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MILITARY COMPLAINTS PROCESS

Conflict Resolution (ADR)
A technique used to resolve the issue(s) by
bringing all parties involved together to work
on coming to a settlement that satisfies all
parties.


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MILITARY COMPLAINTS PROCESS

REFERENCES

• NGR (AR) 600-22 / NGR (AFI) 36-3
• NGB INVESTIGATOR PROCEDURAL MANUAL
• AR 15-6 PROCECURES FOR INVESTIGATING OFFICERS
  AND BOARDS OF OFFICERS
• AFR 120-3 ADMINISTRATIVE INQUIRIES
• AND INVESTIGATIONS
• TAG POLICY LETTER

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MILITARY COMPLAINTS PROCESS

COMPLAINTS SYSTEM - BOTTOM LINE

• Fosters unit readiness combat effectiveness by
  fair equitable non-discriminatory treatment
• Rapidly resolve allegations at lowest level
• Provides a just effective avenue of redress

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MILITARY COMPLAINTS PROCESS

Q U E S T I O N S ? ? ? ? ? ? ? ?