EEO Advisor Essentials
Informal Advising Stcps
page
1
Advising Step Flowchart
page
2
Your Rights
in
the Informal Advising Process
page
5
Federal Laws Prohibiting Job Discrimination
page
6
“Filing a Charge”
page 9
How to Document an
EEO Advising Case
page
11
Transmittal Form
page
13
Advising Letter (blank)
page
14
Notice of Right to
File(blank)
page
16
Informal Resolution Letter(blank)
page
17
Notice of Final Interview (blank)
page
18
Completed sample documents
page
19
Prepared by Office ofHuman Resources,
AGNR, November 2000
Draft EEO Advising Guide, for Training Only
Informal Advising Process Steps
The informal advising process consists of five steps.
1.
Initial contact- when the aggrieved person first contacts the advisor
Set up initial interview appointment
2.
Initial interview
Describe the discriminatory incident(s), establish
the issue(s), the legal basis(es) for
them,
and what the aggrieved party wants to redress the wrong.
Begin documenting
basic information on
the Advising Letter (dates, aggrieved person’s name, etc.)
3.
Thirty
day fact-finding period (calculated from initial interview date)
The advisor repeats step two with any other party to the incident, writes up
a Advising
Letter (report), and notifies
the aggrieved party when thirty days have passed (send
Thirty Day Notice of Right to File a Formal Complaint).
4.
Final interview
The advisor goes over the Advising Letter (report )with the aggrieved party, telling the
person of resources available to them.
The two determine if an informal agreement will
work, if the redress offered is acceptable, or if more time is
needed to work out the
informal agreement (up to thirty days)
5.
Submit Advising Letter (report)
Write
up Advising Letter (report).
In the case of an informal
resolution, set out the
terms in an Informal Resolution Letter for aggrieved individual to sign. Have
management initial the redress paragraph.
Submit entire file to Human Resources
Office using transmittal form.
Retain copy of transmittal form for your record.
If an aggrieved individual opts
to tile a formal complaint, the advisor will conduct the
final
interview, write up
a “Notice of Right to File a Discrimination Complaint”
and
send it to the aggrieved l)arty, including
a copy in the file sent to the Human Resources
Office.
Coordination with Human Resources Office
The EEO Advisor is
an
advisor:
he/she does
not
determine whether or not
a
complaint
is
discriminatory, and does
not
make decisions for either aggrieved
individuals or for management.
EEO/AA Advisors may contact the Human
Resources Office, AGNR at any
time to
seek advice
or clarification concerning EEO/AA issues or complaints.
I
EEO Advising Process
~:
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/
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/
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~fact
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A
Document
on
Transmittal
to HR
Fill
in
‘Advising Letter”
(collect info)
Advise
employee of thirty-
day fact finding
period, after
which
a formal complaint
may
befiled
A
Document
on “Advising
Letter”
A
Document
on “Advising
Letter”
Set tentative interview date
for 28 days out
AGNR,
Human
Resources
EEO Advising Process
Develop advice based
on
applicable law and
add
to
‘Advising Letter’
Make
notes fo~~~’\
“Summaryof Resolution
~
Attempt” in “Advising
)
Letter
Conduct fact-finding
4forft
finding?
~
Hold interview within 30
days of initial
contact
r
Share “Advice to Aggrieved
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and
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Make
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for “Notice
details of fact-finding
of Final
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informal
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“Advising
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Write “Informal
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Day
Document on
“Advising
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Send’Thidy
Day
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Informal
Resolution
/
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EEO Advising Process
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“Advising
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J
if
AGNR,
Human Resources
Informal
Resolution Attempt
Terminate advising
Your Rights
in
the Informal Advising
Process
Right to anonymity
•
advisor cannot divulge person’s name of convene joint meetings
•
aggrieved person cannot require redress that compromises anonymity
Right to confidentiality
•
notes
and file will be kept locked
Right to file formal complaint
if matter
is not resolved within 30 calendar days of initial contact with the advisor
entire file and advising report go to
Human resources
Office upon termination of
advising
•
neither you
or management can be forced to agree to
any proposed solution or to reach an
agreement
Right to representation during counseling
•
may be
accompanied by a
union representative, person ofchoice, or attorney
Right
to request continuation of informal advising process
*
if the aggrieved individual wants to resolve the issue through counseling or mediation,
you may agree mutually to
keep working on it
•
you have 300 calendar days from
the date of the discriminatory event/ employment act to
file a formal complaint with the EEOC
TIMELINE
45
days~
75
days
90 days
Initial contact
Advisor checks
facts,
Detail! agree to terms of informal
from date of
meets with aggrieved
resolution
or file
formal complaint
incident to
re:
informal resolution
Advisor contact
You
have 300
days from
the
date of the incident
to
file a
formal complaint with the Equal Employment
Opportunity Commission.
The EEOC
will screen
out complaints that
have not gone
through the thirty day
fact-finding period attached
to
an agency’s informal
resolution process.
Sources of Assistance:
Faculty Ombuds Officer
301,405.1901
Staff Ombuds Officer
301.405.0805
Equity Administrator
301.405.1177
MCE Civil Rights Director
301.405.0044
Legal
Office
301.405.4945
Campus Compliance Officer
301.405.2838
Non-exempt grievance
CED or RED
r
Draft EEO Advising Guide,
for Training Only
Federal Laws Prohibiting Job Discrimination
Title VII of the Civil Rights Act of 1964,
prohibits employment discrimination based on
race, color, religion, sex, or
national origin
Title VII prohibits not only intentional
discrimination, but also practices
that have the effect of
discriminating against individuals because of their race, color, national origin, religion, or sex.
It is
illegal to
discriminate against an individual because ofbirthplace, ancestry, culture, or
linguistic characteristics common to a specific
ethnic group (national origin discrimination).
For example, an
employer cannot require that English be
spoken on the job unless he shows
that
the requirement is necessary for conducting business.
An employer may not impose citizenship
requirements
on employees or give preferences in hiring or employment practices to
U.S.
citizens (Immigration Reform and Control Act of 1986).
An employer is required to reasonably accommodate the religious belief ofan employee or
prospective employee, unless
doing so would impose
an undue hardship.
Title
VI
of the Civil
Rights
Act
of 1964,
prohibits
program/service
discrimination
based
on
race, color, religion, sex, or national origin.
.
programs must be open and available to everyone regardless of...
Title
I
of
the
Americans
with
Disabilities
Act
of
1990
(ADA),
prohibits
employment
discrimination against qualified individuals
with
disabilities
in
the private
sector,
and
in
state and
local governments
•
an
employer
is
required
to
make a reasonable
accommodation
to
a qualified individual with
a
disability
unless doing
so
would
impose
an
undue hardship
on
the operation of the
employefs
business (undue hardship means an action that requires significant difficulty or expense)
© Office
of Human
Resources,
College
of Agriculture
and
Natural
Resources, University
of Maryland.
Do not copy or use without permission.
Draft EEO Advising Guide, for Training Only
Title I ofthe Americans with Disabilities Act of 1990 (ADA, con’t)
•
an employer may not askjob applicants about the existence, nature, or severity of a disability
•
applicants may be asked about their ability to perform job functions
•
employees and applicants
currently engaging in the illegal
use of drugs
are
not protected by the
ADA
•
employers
may hold individuals who
are illegally using drugs and
individuals with
alcoholism to
the same standards ofperformance
as other employees
Title II,
Subtitle
A
protects people with
disabilities
from program and
service discrimination
and
establishes standards for accommodation
Section
501
of
the
Rehabilitation
Act
of
1973,
prohibits
discrimination
against
qualified
individuals with disabilities who
work in the
federal government
The Equal Pay Act of 1963
(EPA),
protects men and women who perform substantially equal
work in the same establishment from gender-based wage discrimination.
Complaints under this
law are not subject to the informal advising process.
•
employers may not reduce the pay of either gender to equalize pay between men and women
•
a violation of the EPA may occur where a different wage was/is paid to
a person
who worked in the samejob
before or afier an employee ofthe opposite sex
•
a violation may also occur where a labor union causes the employer to
violate the law.
The Age
Discrimination
in Employment Act of 1967
(ADEA) protects individuals who are 40
years of age or older
from discrimination in hiring and employment.
Complaints under this law
are not subject to the informal advisingprocess.
•
statements or specifications in job
notices or advertisements of age preference and limitations
(an age limit may only be
specified
in the rare
circumstance where age has been proven to
be a
bona fide occupational
qualification)
•
discrimination
on
the
basis
of
age
by
apprenticeship
programs,
including
joint
labor-
management apprenticeship programs
©
Office of Human Resources,
College of Agriculture and Natural Resources,
University of Maryland.
Do
not copy or use without permission.
•1
Draft EEO Advising Guide, for Training Only
The Age
Discrimination in Employment Act of 1967 (ADEA, con’t)
•
denial of benefits to older employees (an
employer may reduce benefits based on age only if the
cost
of providing
the reduced benefits
to
older
workers
is
the same as
the
cost
of providing
benefits to younger workers)
The
Civil
Rights
Act
of
1991,
which
provides
monetary
damages
in
cases
of
intentional
employment discrimination
The Equal Employment
Opportunity Commission
(EEOC)
enforces
all
of these
laws.
EEOC
also
provides oversight and coordination of all
equal opportunity commission regulations,
practices, and
policies.
© Office ofHuman Resources, College ofAgriculture and Natural Resources, University ofMaryland.
Do not copy or use without permission
Filing
a Charge
http://www.eeoc.gov/facts/howtofil.html
The
US. Equal Employment Opportunity Commission
Filing
a
Charge
Federal Employees: Please see our fact
sheet on Federal Sector Equal Employment Ooportunity Complaint Processing.
If you believe you have been discriminated against by an employer,
labor union or employment agency
when applying for ajob or while on the job because of your
race, color, sex, religion, national origin,
age, or
disability,
or believe that you have been discriminated against because ofopposing a prohibited
practice or participating in an equal employment
opportunity matter, you may file a charge of
discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).
Charges may be filed in person, by
mail or by telephone by contacting the nearest EEOC office. If there is
not an EEOC
office in the immediate area, call toll
free 800-669-4000 or 800-669-6820 (TDD) for more
information. To avoid delay, call or write beforehand if you need special assistance, such as an interpreter,
to
file a charge.
There are strict time
frames in which charges of employment
discrimination must be filed. To
preserve the
ability ofEEOC to act on your behalfand to protect
your right to
file a private lawsuit, should you
ultimately need to, adhere to
the following guidelines when filing a charge.
Title
VII of the Civil Rights Act (Title
VII)
charges must be filed with EEOC within
180 days ofthe
alleged discriminatory act.
However, in
states
or localities where there is an antidiscrimination
law and
an
agency authorized to grant or seek relief,
a charge must be
presented to
that state or local
agency.
Furthermore,
in such jurisdictions, you may file charges with EEOC within 300 days ofthe discriminatory
act, or 30
days after receiving notice that
the state or local agency has terminated its processing ofthe
charge, whichever is earlier. It is best to contact EEOC
promptly when discrimination is suspected. When
charges or complaints are filed beyond these time frames, you may not be able to
obtain any
remedy.
Americans
with Disabilities Act (ADA)
-
The time requirements for filing a charge are the same as those
for Title VII charges.
Age
Discrimination
in
Employment Act (ADEA)
-
The time requirements for filing
a
charge are the
same as those for Title VII and the ADA.
Equal
Pay
Act
(EPA)
-
Individuals are not required to file an EPA charge with EEOC before
filing a
private lawsuit. However, charges may be filed with EEOC
and some cases of wage discrimination also
may be violations ofTitle
VII. Ifan EPA charge is
filed with EEOC,