TOPICS
TOPICS
Proposal would give agencies more flexibility in processing EEO complaints
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
- Good evening, I have been involved with an EEO Case since 2002. I have moved around so many times to different jobs because my name has been slandered and the federal sector is a very small world. I have been blackballed/blacklisted that I have turned to medication to help me deal with the issue of retaliaton from the agency where I initially filed the EEO case with the manager who had been renting from the manager whom I filed against. The government must not allow each agency to run an EEO program without a checks and balance system. I am strong, but I have seen so many innocent people go crazy from the events that occur because they filed an EEO. The EEO process is not equitably appropriated to protect the employee but rather add to the ego of the management that is conducting business without morals and they are laughing everyday when they see poor souls being tormented by management's retaliation and harassment. Belinda Garza Posted August 30, 2009 1:40 AM
- I am being retaliated against by the usps because I opposed their bullying and hostile management style, so they can make the new reorganization of our unit work. Although, it was thrown together by supervisors and managers that did not know what they are doing, it is being shoved down our throats with yelling, bullying and constant threats of firing. I complained and filed a grievance against management. Nothing came of it. Then I filed an eeo and the next thing I know, in August of 2008, I received a Notice of Dismissal with trumped up charges. I filed an eeo for retaliation. The Federal Sector EEO dismissed my claim. My claim is on appeal now in washingto D.C. Finally management had to rescind the letter and remove it from all my files. Everything they alleged was taken out of context to my disadvantage. They almost got away with it. Now they have given me an other Notice of Dismissal for a minor accident,Of course, everything is taken out of context and management is using information that should have been removed from my after two years. Again, I have file a second retaliation for this new attempt to fire me on false charges. Our union, nalc is not as helpful as they could be. The Federal Sector eeo is in the hands of the enemy. Carmen Jimenez Posted January 30, 2009 2:00 AM
- 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
