HomeMy WebLinkAboutEEO POLICIES AND PROCEDURES
Augusta-Richmond County
Equal Employment Opportunity (EEO) Office
EEO Policies and Procedures
Last Revision Date:
September 12,2007
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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
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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.
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(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
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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.
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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.
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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.
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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
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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
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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
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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).
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.. .
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.