GovernmentExecutive.com

Federal agencies would be able to launch pilot projects testing alternate methods for processing equal employment opportunity complaints under a draft regulation the agency issued on Monday.

The Equal Employment Opportunity Commission voted unanimously at a June 2 meeting to revise how federal employee complaints are processed. The draft rule would permit EEOC to allow agencies to experiment for up to one year with different ways to process complaints. Agencies are expected to provide regular reports on the progress of the projects, according to the EEOC proposal.

Currently, federal employees or job applicants who want to file complaints with federal agencies may choose to participate in either counseling or alternative dispute resolution. If counseling is unsuccessful, the employee can file a complaint, after which the agency must conduct an investigation. After the investigation phase, the complainant can request a hearing before an EEOC administrative judge or demand an immediate final decision from the agency.

"Innovation comes from experiments, and oftentimes the best ideas really do come from within," said EEOC Vice Chairwoman Leslie Silverman. "Pilot programs will provide us with some solutions for agencies going into the future."

The draft regulation came out of an EEOC work group led by Commissioner Stuart Ishimaru. The group has been studying federal sector EEO practices since 2004.

The draft regulation also would give EEOC administrative judges more authority in settling class action lawsuits. Under current law, federal agencies can accept, reject or modify an administrative judge's recommended decision. The regulation would place class action complaint procedures on the same level as the individual complaint process, which does not give agencies such recourse.

In addition, the proposal would require federal agencies that have not completed an investigation within 180 days to send a notice to the employee, informing the complainant of his or her right to request a hearing or file a lawsuit. The written notice would describe the hearing process and require an explanation for the agency's failure to process the case within the 180-day period.

Monday's vote by EEOC authorized the draft regulation to be sent out to federal agencies for comment. EEOC said it would evaluate agency comments and consider revisions to the draft before submitting it to the Federal Register.

"The one thing I learned is how important the federal EEO process is to federal workers," Ishimaru said. "While the goal has always been for the federal workplace to be a model workplace, we know that is not always the case."

COMMENTS

• You should see the stuff that federal managers get away with. They can basically murder and employee and devastate their lives and walk away with it. Basically, management wants to send a clear message that if you file a complaint, you will get terminated. There is so many ways that a manager can retaliate against and employee after an employee has filed an EEO complaint and still get away with it that its amazing. All a manager has to say is that the employee is failing to perform and since this is a precieved rating there is no way for the employee to prove that this was related to the EEO claim filed. I sit in management meetings all the time and I hear the fat cats laughing about poor employees when they get terminated. Joesph Posted November 1, 2008 10:15 PM
• You individuals who think that people are filing unwarranted suits for harrassement are out of your f.. mind. Federal employees are some of the hardest working unappreciate sector of our country. The federal agencies executive staff don't care about their employees because they are being given bonuses by the Bush administration for so called production proformance at the expense of the employees. If the numbers being turned back was 60/40 that would be more real but 90 percent is too far to the 'right' Dave Posted August 6, 2008 1:11 AM
• The federal employee complaint process is very similar to having the 'fox guard the hen-house.' The reason there are so few cases settled in favor of the federal complainant is because the process is slanted considerably toward the employer (federal agency). The Agency basically investigates itself. Few cases make it to the EEOC (less than 20% in 2006). The system needs to be revamped; however, this method of opening it up to a free-for-all isn't the answer. As for class action complaints, the feds find creative methods of processing to avoid them ever being filed - at all cost. As long as federal agencies are in control of the outcome, federal employees (unless wealthy enough to hire one of the few legal eagles who will take on the federal govt.) will continue to get the short end of the stick. I enforced the laws for private industry (Dept. of Labor/OFCCP) and then spent time as an EEO Manager for a federal agency. Neither process is perfect; however, I remain extremeley disappointed in the process for federal employees. Carol Dawson Posted July 8, 2008 6:52 PM