Archive for the ‘FAQ’ Category
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.
Must a charging party file an internal complaint with his/or Human Resources (HR) before coming to the EEOC and filing a charge of discrimination?
No
Can an employer give a charging party a negative reference after he/she has been terminated and filed a charge of discrimination?
No. An employer in furnishing oral or written references concerning charging party as may be required by same or by prospective future employers, the employer may mention only the nature and duration …
What should a charging party do after making several attempts to an investigator about the status of his or her case?
Charging parties should make no more than four telephone calls to an investigator about the status of a case. Log the date and time, why the call was made, and make sure …
What is the best way to have back pay calculated?
By quarters. The information listed below describes the procedures: What were you making at the place of employment when the discrimination occurred (hourly rate or base salary); What you actually made or …
What documents are excluded from the investigative file?
The following is listed below: Confidential witness information; Cover sheets on Commission Decisions; Investigator’s notes, supervisory memorandums, which reveal recommendations, proposals, strategy, or deliberative processing actions of a charge. All memorandums and …
Can a charging party request a copy of the investigative file?
Yes: Some of the EEOC offices will require charging parties to complete and sign an EEOC’s Form #157 AGREEMENT OF NONDISCLOSURE. The investigator will be sent to a company like alphagraphics that …
What is a position statement?
Respondent’s position statement is nothing more than telling its side of the story regarding the allegation(s) raised in the charge. EEOC has dismissed numerous cases without respondent’s position statement. Do not let …
What is the purpose of a Pre-Determination Interviews (PDI’s)?
EEOC’s Compliance Manuel Procedures Volume I Section 27, Pre-Determination Interviews (PDI’s) states a PDI should held with respondent in cause cases and with charging party and in no cause cases when sufficient …
What should an employer know about the EEOC?
The employer should know the following: EEOC is an independent federal agency created by Congress in 1964 to eradicate employment discrimination; EEOC has authority to receive, initiate, and investigate charges of discrimination …
When an aggrieved person(s) participates in the EEOC’ Mediation Program to resolve a charge of discrimination will he or she likely be satisfied with the settlement results?
No: EEOC’s Mediation Program is just a “con and shell game” played on the charging party and respondent. In most cases 95.5% of the time the employer is going to offer the …
Can an aggrieved person(s) who filed a charge of discrimination call and inquire about the status of his or her charge?
Yes: Aggrieved individuals who have filed a charge should wait approximately ninety (90) days before making the call. When the investigator is reached asked him or her, has the employer submitted a …
