Archive for January, 2011
EEOC Timeframe Overview
Timeline in the Private Sector EEOC Complaint Process (Employed by local, state, municipal or private company) Formal Complaint Stage 1. Formal complaints of discrimination are filed with the United States Equal Opportunity Commission …
Justice Radio welcomes Glen Millsaps 10/21/2010 8:00 PM – 59 min
Justice Radio welcomes Glen Millsaps a citizen advocate who joins us to explain just what you need to know about anti-discrimination laws and complaints. Mr. Millsaps explains in Plain English how the …
PRESS RELEASE: The Equal Employment Anti-Discrimination, Inc., Vows to Hold Federal and State Employment Anti-Discrimination Enforcement Agencies Accountable
The Equal Employment Anti-Discrimination, Inc., (EEAD), today announced the opening of its website, designed for the purpose of assisting veterans and Title VII victims who have experienced employment discrimination. John Treadwell, EEAD, …
Case Law Update – Government Does Not Waive Timeliness Objection by Accepting and Investigating an EEO Complaint, Second Circuit Rules
A government agency does not waive a timeliness objection simply by accepting and investigating an Equal Employment Opportunity (EEO) complaint, the Second Circuit ruled in a recent decision.In this case, a Department …
Federal Legal Corner: Email Abuse Creates Hostile Environment
The Office of Federal Operations (OFO) of the Equal Employment Opportunity Commission recently held that a supervisor’s improper use of a subordinate’s email account alone is enough to support a claim of …
Probationary worker can’t grieve removal, despite ULP claim
The FLRA upheld an arbitration award ruling that the bargaining agreement barred a probationary worker’s claim that his removal was in retaliation for protected union activity. NTEU, Chapter 193 and Department of the …
Unintentional misinformation renders retirement involuntary
The MSPB ordered the Army to reinstate to his former position an appellant who retired involuntarily due to the agency’s misinformation about his military deposit. Salazar v. Department of the Army, 110 LRP 72890 …
Loss of child custody, frequent lack of food warrant $165,000 award
The EEOC found the Postal Service subjected the complainant to discrimination, entitling him to $165,000 in nonpecuniary damages, back pay, and attorney’s fees. Padilla v. U.S. Postal Service, 110 LRP 59945 (EEOC OFO …
Union president’s screaming at witness is protected activity
The FLRA ruled that a union president’s interruption of an investigative hearing by screaming at a witness to “Get out!” was a protected activity. Local 2145 and Department of Veterans Affairs Medical Center, …
Are There No Limits to EEOC’s Audacity?
http://feltg.com/blog/are-there-no-limits-to-eeocs-audacity/
D.C. Circuit Clarifies Threshold for Retaliation in EEO Claims
A recent decision by the U.S. Court of Appeals for the D.C. Circuit has clarified and lowered the threshold of what defines “retaliation” in claims of discrimination. The Court of Appeals held …
What are the definitions of terms used by the EEOC?
Administrative Closure: Charges closed for administrative reasons, include: failure to locate charging party, charging party failed to respond to EEOC communications, charging party refused to accept full relief, closed due to the …
When it has been determined conciliation efforts have been unsuccessful, and that further efforts would be futile or non-productive, must the charging party and respondent be notified?
Yes
Does the EEOC have to engage in conciliation discussions with respondents when it issues “reasonable cause” determinations?
Yes. This only applies to private sector complaint. The federal sector does not issue reasonable cause findings.
What happens to a charging party or respondent who provides false evidence during the course of an investigation?
Title 18 U.S.C. § 1001 of the federal criminal code prohibits the submission of false information during an official investigation. Charging parties, if you don’t have the evidence to support the allegation(s) …
What policies or procedures give outside applicants and government employees the opportunity to file charges of discrimination against the government?
Each federal agency is required to have a Director of Equal Employment Opportunity (EEO), who is responsible for the implementation of a continuing affirmative employment program to promote equal employment and to …
Can an applicant who applied for a position with the federal government, and is not selected file a charge of discrimination with the EEOC?
No: [The applicant must contact the agency and get the name of an EEO Counselor to begin the pre-complaint counseling within 45 days of the date of alleged discrimination. Federal employees are …
Does the U. S. Department of Labor’s (Office of Federal Contract and Compliance (OFCCP) enforce Section 503 0f the Rehabilitation Act of 1973 and Vietnam Era Veterans’ Readjustment Assistants Act of 1974?
Yes
Where does a disabled veteran go to file a charge of discrimination if he/she was not hired or promotion for a job?
U. S. Department of Labor (DOL) under the Veterans Employment Opportunity Act. The disabled veteran has 60 days in most cases.
What will happen to an employer if they don’t comply?
The employer can be fined up to $17,000 for each offense per location.
What posters are mandatory that employers are required to display in the work place for employees and applicants to see?
The following: Fair Labor Standards Act (minimum wage) Poster; Family and Medical Leave Poster; USERRA Notice; Equal Employment Opportunity (EEO) Poster; Occupational Safety and Health (OSHA) Poster; and Polygraph Protection Poster.
What federal agency has authority of enforcing the Family Medial Leave Act of 1993 (FMLA)?
The Department of Labor (DOL).
Can a charging party with an arrest and conviction record file a charge of discrimination with the EEOC?
Yes: Review the EEOC’s Policy on arrest and criminal records at www.eeoc.gov.
