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HomeMy WebLinkAboutEEO POLICIES AND PROCEDURES Augusta-Richmond County Equal Employment Opportunity (EEO) Office EEO Policies and Procedures Last Revision Date: September 12,2007 \, -'" Section A A.t: Purpose and Scope The purpose of this policy is to promote employment diversity and equality within the Augusta-Richmond County consolidated government. This policy is also intended to provide uniformity in the processing of Equal Employment Opportunity (EEO) complaints. These policies and procedures exclusively apply to EEO-related issues in connection with employees (classified and non-classified), contractors and agents of the Augusta-Richmond County consolidated government operating under the authority of the Mayor and the Augusta-Richmond County Commission. In addition, these EEO policies and procedures are only intended to address employment discrimination concerns which relate to race, color, sex, pregnancy status, marital status, national origin, age, religion, disability or veteran's status. Elected officials are exempt from this policy unless pursuant to state law, they have elected through written notice, to be included in the Augusta-Richmond County Civil Service System. Section B B.t: Augusta-Richmond County EEO Statement Augusta-Richmond County provides equal employment opportunity to all qualified employees and applicants for employment and does not discriminate on any basis prohibited by law, including without limitation: race, color, sex, pregnancy status, marital status, national origin, age, religion, disability and veteran's status. Augusta-Richmond County is committed to preventing discrimination in the work place. Therefore, it is the policy ofthe Augusta-Richmond County not to tolerate illegal discrimination. Providing Equal Employment Opportunities is a system-wide effort and the responsibility of all employees, the EEO Office, Department Heads, Directors and the City Administrator. Section C EEO Office Areas of Oversight and Jurisdiction C.t: The Augusta-Richmond County EEO Office oversees issues relating to: Title VII ofthe Civil Rights Act of 1964, as amended The Equal Pay Act of 1963 (EP A), as amended The Age Discrimination in Employment Act of 1967 (ADEA), as amended Pregnancy Discrimination The Americans with Disabilities Act of 1990 (ADA), as amended and accommodations The Civil Rights Act of 1991, as amended Section 504 of the Rehabilitation Act of 1973, as amended Individual Augusta-Richmond County Title VII or ADA discrimination complaints Departmental or systemic Title VII inquiries, complaints, concerns and/or investigations General EEO issues; diversity affairs Responding to federal EEOC complaints and cases EEO-related case investigations and resolutions 2 EEO-related consultation, training and outreach EEO-related employee demographic information Organizational EEO Plans C.2: EEO Philosophy Bridge-building. Diversity. Mediation. Collaboration. Education C.3: Motto "Building Bridges for Diversity" C.4: EEO Mission . Establishing and maintaining a diverse and representative workforce for Augusta-Richmond County by removing barriers and maximizing both individual and collective potential. . Ensuring Augusta-Richmond County Government organizational compliance with governing EEO statutes and regulations. . Promoting equal employment opportunity in the Augusta-Richmond County Government workforce by enforcing EEO guidelines and laws which prohibit employment discrimination. . Promoting a positive organizational understanding and awareness of cultural diversity within the Augusta-Richmond County workforce. c.s: Implementing The Mission The EEO Office will implement its mission through: (A) Assisting employees and management in relation to EEO compliance. (B) Conducting diversity outreach and bridge building to promote an appreciation of multiculturalism. (C) Providing EEO oversight and feedback during the hiring process of organizational Directors and managers. (D) Maintaining federally mandated reporting of workplace EEO demographics. (E) Responding to federal EEOC Complaints and other EEO-related inquires. (F) Working to promote accommodations and equal access for people with disabilities as required under the ADA. (G) Independently and directly reviewing Augusta-Richmond County EEO data and testing results generated by vendors. 3 (H) Advising departments to maintain internal EEO data directly related to their specific department, as needed. (I) Investigating Title VII and ADA employment discrimination complaints. (J) Utilizing Augusta-Richmond County workforce diversity in a positive manner. (K) Initiating independent EEO inquiries of departments that reflect the need for systemic changes in order to promote Equal Employment. (L) Providing training and consulting to employees and supervisors in the areas of equal employment opportunity and workplace diversity. (M) Overseeing hiring processes to ensure equal opportunities and compliance with EEO standards. (N) Conducting multicultural recruitment initiatives to promote a diverse applicant pool of qualified candidates, as needed. C.6 (a): EEO Office Overview The official organizational name of Equal Employment Opportunity/ Equal Opportunity Office or a similar phrased name shall be exclusively designated to this specific office. The EEO Office will collaborate with employees, managers, vendors, and various departments to promote EEO compliance, systemic inclusion and diversity. The EEO Office will assess departments to ensure inclusion and equal opportunities. In addition, the EEO Office will promote the expansion of organizational diversity in relation to race, color, sex, pregnancy status, marital status, national origin, age, religion, disability and veteran's status. The EEO Office may intervene in organizational matters which directly connect to EEO laws and the expansion of diversity. In addition, the office may become involved in matters relating to organizational diversity, respond to inquiries by the Augusta-Richmond County Commission and serve as a consultant to the Commission. The EEO Office may conduct individual, departmental or systemic inquiries in relation to Title VII of the Civil Rights of 1964, as amended, Section 504 ofthe Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and other applicable laws and regulations. The EEO Office may also make recommendations for changes. C.6 (b): EEO Access to Information and Data Collection EEO-related demographic data collection and the retrieval of certain personnel/employee and departmental files are essential to the organization and the mandate ofthe Augusta- Richmond County EEO Office to provide case investigations, Title VII inquires, Federal Government reporting data, agency profiles and the analysis of departmental and organizational progress. The EEO Office may request data via e-mail or hardcopy correspondence. In certain matters, the EEO Office should (at the discretion of the EEO 4 Office) independently access all EEO-related data in relation to the organization directly from internal departments, vendors and testing companies when such data contains EEO- related information in relation to Augusta-Richmond County. Therefore, Departments, managers, offices and vendors shall allow the EEO Office to obtain and maintain direct departmental and vendor access to all EEO-related information, statistics and testing data including without limitation applicant pool and departmental demographic data. The EEO Office may require segments of information and/or past data. Requested information may not necessarily be related to certain minority groups or protected classes of individuals; the EEO Office is authorized to request and receive information pertaining to various groups including non-protected categories in order to facilitate investigations, inquiries and disparagement comparisons. Requested information should be released as soon as it is generated by the department or agency, but no less than three working days after the request is issued by the EEO Office. Volume data relating to more than two employees should contain the race and sex of each employee listed. Each department shall establish EEO-data access for the internal EEO Office by issuing initial release forms to vendors or creating direct access at the request of the EEO Office. Unless otherwise requested by the EEO Office in writing, all data should be sent to the EEO Office through confidentially marked e-mail, confidentially marked and sealed interagency mail, or confidentially marked and sealed department hand-delivery. No fees or EEO generation requirements shall be assessed to the EEO Office for the collection of such data or the replication of requested information. C.7: Assessing Educational Credentials In reviewing and comparing educational credentials for applicants and internal employees, the Augusta-Richmond County EEO Office has adopted guidelines from the U.S. Government and recognizes degrees from schools that have received accreditation from an accrediting body which has been approved by the U.S. Department of Education [(USDE) www.ed.gov], the Council for Higher Education, the American Council on Education [(ACE) www.acenet.edu], or the Association of Specialized and Professional Accreditors [(ASPA) www.aspa-usa.org]. All accrediting agencies-regional, national, and specialized-that are recognized by the USDE as reliable authorities regarding the quality of the programs and schools they accredit are listed on the USDE website at: http://www.ed.gov/admins/finaid/accred/index.html. The central accrediting body for many ofthe degree-granting institutions of higher education in Georgia is the Southern Association of Colleges and Schools (SACS), www.sacs.org. Section D Grievance Issues D.I: Internal Augusta-Richmond County EEO grievable issues include: 1. Allegations of unlawful discrimination based on race, color, sex, pregnancy status, marital status, national origin, disability, religion, veteran's status or EEO-related retaliation. 2. Allegations of sexual harassment as defined under the EEOC Guidelines; and 3. Allegations of retaliation for asserting Title VII or ADA protected rights. 5 D.2: This Internal Augusta-Richmond County EEO Policy does not apply to: 1. General personnel matters and personality conflicts that the employee states or concedes are not based on race, color, sex, pregnancy status, marital status, national origin, disability, religion, veteran's status or EEO-related retaliation; 2. Issues or charges which are pending or have been concluded by the Federal Equal Employment Opportunity Commission (EEOC); 3. Issues or charges pending before any courts or informal mediation (not performed by the EEO Office); 4. Any adverse employment action that is not based on race, color, sex, pregnancy status, marital status, national origin, disability, age, religion, veteran's status or EEO-related retaliation including but not limited to termination, demotion, not being granted ajob interview, denial of promotion, reassignment, department reorganizations, furlough, layoff from duties because oflack of work, or other action resulting from a reduction in the work force or job abolition; 5. Alleged policy violations that are not based on race, color, sex, pregnancy status, marital status, national origin, disability, age, religion, veteran's status or EEO-related retaliation, should first be referred to the Department Head for resolution. If matters remain unresolved, employees should then take their concerns to the Human Resources (HR) Department and follow the HR Grievance Procedures; 6. Internal EEO, Title VII or ADA occurrences, issues, charges, allegations, or concerns which occurred over one-hundred and eighty days ago; 7. Elected officials and their direct-report employees, vendors, or contractors (unless elected officials have, in advance of an EEO-related incident relating to their area of control, submitted written and signed notice to have themselves and their employees offices, vendors or contractors include in the Augusta-Richmond County Civil Service System under HR Policies and Procedures); 8. Issues relating to organizations, business or companies outside ofthe Augusta-Richmond County consolidated government; and 9. Issues concerning persons not directly employed with the Augusta-Richmond County Government organization. 6 Section E E.I: EEO Complaint Procedures Employees or others interfacing with Augusta-Richmond County may consult with the Augusta- Richmond County EEO Office on an informal basis to receive information and consultation in relation to specific situations without filing a formal EEO complaint or grievance. In addition, employees may withdraw a formal EEO complaint and seek mediation or an informal resolution at any point in the process. A written letter is necessary to effectuate the withdrawal of an internal EEO complaint. E.I (a): Confidentiality Managers and all involved parties are expected to maintain the confidentiality of employees and other individuals involved in the EEO complaint process. This includes confidentiality in relation to conversations, meetings, e-mails, written correspondence, final case-findings and resolutions. Confidentiality does not mean that the accused will not be informed of the pending charges as the accused will be allowed to respond to allegations made by the complainant. Confidentiality will be kept as much as possible and to the extent that it does not impede the investigation or a directive from the Augusta-Richmond County Commission body. Management, Human Resources Management and in certain cases the Augusta-Richmond County Commission may be advised of an investigation, have access to case information and receive updates and/or final outcomes. E.2: Management and Employee Cooperation (Case Resolution and Mediation) E.2 (a) All managers and/or employees connected to Augusta-Richmond County are required: 1) to fully cooperate in EEO investigations, 2) not to withhold any information (written, e- mailed, or oral) connected to an EEO investigation, 3) to make themselves available for questioning within two working-days of a request for a meeting from the EEO Office (if this is not possible, an alternative date and time should be submitted in writing to the EEO Office) and 4) to provide truthful and accurate statements to the EEO Office. E.2 (b): Once a formal written complaint has been filed the matter has gone past the level of informal resolution. At this stage employees should not attempt to resolve a formal EEO complaint on a one-on-one basis or confront an employee (either the complaining employee or the accused) in relation to an EEO case that is either open or closed. E.2 (c): Supervisors should not: presume an employee (either the accused or the complaining) to be guilty of anything or institute disciplinary actions merely based on a pending EEO charge or case. E.2 (d): Employees, managers, and administrators should follow the chain-of-command and procedures outlined in this policy in order to resolve any EEO-related concerns. Employees or managers with concerns must make direct contact with the Department Head or the EEO Office to resolve any EEO related matters. The Department Head or Director should forward concerns to the EEO Office. 7 E.3: Honesty Code The complaining or charging party must sign a statement indicating that the allegations in the EEO complaint (either verbal or in writing) are honest, true, accurate and non-exaggerated. When issuing a statement or answering questions in connection with an EEO inquiry an employee must, to the best oftheir knowledge and belief, be truthful in all oftheir oral and written responses. Individuals (including complainants, accused parties, witnesses, information gathers, persons submitting data and others) who fail to cooperate with the EEO Office or who are found to have knowingly provided false information or altered written data in relation to an EEO inquiry or investigation will be subject to progressive disciplinary action as outlined in the Employee Handbook. E.4: Employee Relocation In Connection With A Pending EEO Case Except in extreme circumstances or cases involving physical safety concerns, managers and administrators should allow employees (both the complaining party and the accused) to remain situated in the same physical work location, job assignment and department during an EEO inquiry. Supervisors and/or administrators should attempt to exhaust all other remedies before resorting to relocating any employee in connection with a pending EEO case. In relation to the pending EEO complaint interim period, unless the threat of direct physical harm exist, neither the accused nor complaining employee should be relocated to another department, given alternative job assignments, or placed in another work location without a prior three days notice being sent to the employee and the EEO Office. In such cases, the relocated employee and the EEO Office should receive written notice of the move, the reason behind the relocation and the time duration of the relocation at least three days in advance. If an employee is involved in an EEO case (either as the accused, the complainant, a co-worker or a witness), the EEO Office is required to review any employment transfer, department change, physical office move, job reassignment or relocation to ensure that it does not appear to involve retaliation and then send written correspondence to the manager to indicate that the transfer was reviewed by the EEO Office. If an employee feels that a change is being made in retaliation for their involvement in an EEO case or disagrees with the relocation, the employee has a right to file an appeal with the EEO Office. Relocated employees should be returned to their previous physical work location, job, and/or department within three days after a case is resolved. In cases where the employee will not be relocated back to their same work assignment or location, both the employee and the EEO Office should be notified in writing at least three days in advance of a reassignment. The reassignment or relocation letter should outline the details of why the changes are being made. In such cases, the employee who initially made the EEO complaint has a right to file an appeal with the EEO Office if the employee feels that the changes are being made in retaliation to filing an EEO claim. E.5: Stage One (Informal Resolution) Many EEO-related matters arise from misunderstandings and a lack of basic communication. The EEO Office encourages matters to be resolved at the lowest possible levels and at the earliest stage possible. When no written complaint has been submitted to the EEO Office or the Department, employees may collegially discuss the concerns directly with the individual or 8 colleague involved in an attempt to clear up any possible miscommunications that may exist. In addition, employees are encouraged to utilize the process of informal mediation to resolve conflicts. The EEO Office may facilitate the process of informal mediation. Attempting to use informal methods of conflict resolution does not forfeit the employee's right to move forward at a later date (within one-hundred and eighty days of the last alleged act) with a formal written complaint if the matter is not resolved in an informal manner. The EEO Office provides consultation to both employees and managers seeking approaches to resolve issues in an informal manner. Collaborative EEO resolutions at the lowest possible levels and the earliest time periods are strongly encouraged. The EEO Office promotes respectful communication as a viable option for settling disputes. Except in cases involving allegations of sexual harassment, informal complainants may do the following to seek an informal resolution: 1) When no formal written complaint has been filed with the EEO Office, employees may first discuss the concerns directly with the individual or colleague involved in an attempt to clear up any possible misunderstandings; 2) If the matter is not resolved, then the employee should take the next step and discuss their concerns with their immediate supervisor and; 3) Ifthe concern remains unresolved, the next step is to schedule an appointment to discuss the matter with the Department Head. E.6: Stage Two (Informal Mediation) If efforts toward an informal resolution are unsuccessful at Stage One (Informal Resolution), then a complainant is encouraged to contact the EEO Office to request assistance with negotiating or mediating the dispute prior to filing a formal EEO complaint. Employees may seek assistance from management and/or the EEO Office in order to schedule a mediation meeting to discuss issues which relate to an EEO case. The EEO Office will assist in working to bring about an equitable resolution for both parties through the process of informal mediation. E.7: Stage Three (Formal Written Complaints) If the informal resolution or mediation attempts between an employee, a manager or another entity do not result in a resolution to a complaint within twenty working days, the charging party then has the option to 1) drop the matter or 2) request that the internal EEO Office conduct a formal investigation. The request for a formal internal EEO investigation must be dated and issued in writing by the complaint within one-hundred and eighty working-days ofthe alleged act of improper conduct. The complainant is required to provide sufficient facts and data to substantiate discriminatory allegations. According to Augusta-Richmond County Policy, the EEO Office will investigate the complaint and attempt to conciliate the claim. The charged party (one who is accused ofa discriminatory act) will be allowed to review the written allegations and to provide a written response to the charges within seven days after the 9 review. After reviewing the allegations, responses and evidence from both parties, the internal EEO Office will make a determination as to whether or not to proceed with further internal investigations, or refer the employee to the Federal EEOC Office In cases were the EEO Office is moving forward with an internal EEO investigation witnesses, co-workers and management may be questioned. Both the accused and the complainant will have an opportunity to present their responses. An accused individual may have one person oftheir choice (non-legal) attend investigatory meetings. Augusta-Richmond County employees formally being accused of an EEO violation in writing have a right to the following: 1. To not receive: an assumption of violation, disciplinary actions, reactionary job relocations, assignment changes, a demotion or a termination merely based on an initial EEO accusation and/or a written complaint that has not yet been investigated and had a case finding issued; 2. To see the actual written charges submitted in the complaint; 3. To have seven days from the date of receipt of the written charges, to submit a response to the EEO Office and have this data included as part ofthe case investigation; and 4. To receive the final case findings in writing and to have a date of final case closure. EEO investigations are an internal-agency fact-finding process not a formal hearing or a court trial. Therefore, no part of the EEO inquiry may be recorded (by the accused, charging party or third party witnesses) either by audio recording, transcription or any other form. The EEO Office maintains the right to keep the official record of all inquiry data. Except by court order, only the complete official case finding shall be released from the EEO Office. All related parties shall receive a complete version ofthe final case finding. Usually, complete case findings are issued within sixty days of the filing of a formal written complaint. Cases not related to EEO, Title VII or the ADA will be referred to the Department Head and/or the Human Resources Department for resolution. In such cases, both the accused and the charging party will be notified in writing. E.7(a): Submitting A Formal Complaint In Writing Employees should file an EEO complaint directly to the Augusta-Richmond County internal EEO Office. If filed indirectly through Human Resources, an individual employee or another department, the individual receiving the EEO complaint should forwarded it to the EEO Office as soon as possible. E.7 (b): Submitting A Formal Complaint Orally Employees may also request to have a formal complaint issued orally and transcribed into written format by the EEO Office. An oral complaint must be transcribed into written format, signed and then submitted by the complaining employee. The employee is 10 responsible for ensuring that their oral complaint is completed, signed, and submitted to the EEO Office within ten days after filing the oral complaint. E.7 (c): Complaint Inquiries and Investigations All EEO proceedings and investigations will be conducted under the direct management and direction ofthe EEO Office. Written notification of an EEO complaint will be sent to the charged employee and the employee's immediate supervisor or Department Head. The notification will occur within thirty working-days after a representative ofthe EEO Office and the complainant have signed an EEO Complaint Form. In cases where no individual supervisor can be identified, case results will be directed to the City Administrator. E.7 (d): Complaint Resolution or Closure The charging party, the accused, and the Department Head, Director or supervisor of the accused will be issued a letter of findings which may include recommendations from the EEO Office. Generally, the finding will be issued within thirty to sixty working-days after filing a complaint. However, in some cases, the EEO Office may extend the investigation time period. If the period of investigation is extended, all parties will be provided with written notification of the new deadline to complete the investigation. During the investigation period, ongoing mediation and support services may be provided by the EEO Office. Following each investigation, the EEO Office may elect to forward additional recommendations to the Department, the City Administrator and/or the Augusta-Richmond County Commission for consideration. Recommendations to the Commission and/or the City Administrator will be made at the discretion of the EEO Office. Individuals found by the EEO Office to be in violation of a Title VII or ADA charge shall be issued progressive disciplinary action by the Department Head beginning with a minimum of two-weeks suspension without pay up to termination. The Department Head or the highest level supervisor over the employee is required to initiate disciplinary action within three-days of receiving a written finding and confirmation of an EEO violation and do a follow-up letter to advise the EEO Office of the final actions taken at the departmental level. In cases where systemic violations relating to a department are found, the City Administrator, the Commission and the EEO Office shall collaborate to bring about corrective actions; this shall not eliminate actions against individuals within the department found to be in violation of Title VII or the ADA. A written letter of resolution will be issued by the EEO Office and sent to the complainant and the charged individual. In certain cases where the EEO Office deems that the accused may have more likely than not violated a Title VII or ADA statute or which may pose specialized concerns, the EEO Office may consult with legal counsel and/or seek a detailed legal case review in conjunction with the final internal EEO case finding. E.8: Prohibition Against Retaliation In Relation To An EEO Case Complainants, employees, management, participants, EEO Officials, and witnesses are protected against any form of organizational, administrative or management retaliation due t%r in any part based on participation in an EEO complaint, inquiry, mediation and/or investigation. A manager may not cause an adverse employment action or otherwise "retaliate" against an individual for engaging in protected conduct (filing a charge of discrimination or participating in a discrimination proceeding). 11 .. . If a person believes they are being subjected to retaliation, they should notify the EEO Office in writing within ten working days of the date ofthe alleged retaliatory act. The written notice must outline in detail the allegations and dates ofthe specific retaliatory acts that the person believes are being done. Department managers and any other employees and officials found to have committed verifiable acts of retaliation against an individual in connection with an EEO case will be subjected to progressive discipline as outlined in the Employee Handbook. While employees are protected from retaliation for filing EEO complaints, employees who knowingly file completely unsubstantiated or falsified EEO charges are subject to progressive disciplinary action as outline in the Employee Handbook. Section F: Final Internal Case Closure and Appeal Rights The issuance of a final written case finding from the Augusta-Richmond County EEO Office shall constitute the end of all Augusta-Richmond County discrimination inquiries, investigations and appeals from or on behalf of both the complaining party and the accused. Charging parties completing this level of appeal, who are still dissatisfied with the outcome, have a right to file a complaint with the Federal EEOC Office. Section G: Policy Updates and Jurisdiction This policy updates and clarifies EEO-related systems, policies and procedures that were previously being conducted for Augusta-Richmond County. It shall be added as a section of formal policy to all current editions of the Human Resource Employee Handbook and all HR and departmental policies and procedures (formal and informal/verbal and written). HR and other departments are expected to acknowledge and adhere to the EEO Policies and Procedures. The EEO Policy shall override any internal departmental policies and procedures in relation to EEO issues or complaints. As to all matters that are not EEO-related, HR Policies and Procedures and/or the applicable City Ordinance shall control. This policy supersedes any prior policies or procedures in connection with the Augusta-Richmond County EEO Office or any prior policies and procedures used by the HR Department.