Guidance

  

WRITING SETTLEMENT AGREEMENTS (12-02-2003)

  When writing settlement agreements in which one of the bases is age, it is critical that the Older Workers Act language be included. We are receiving too many settlement agreements, in which complaints involving age discrimination is an issue, which do not include this language. Without this language, the agreement is not enforceable.

As an example, if the complainant or aggrieved alleges race and age discrimination because of non-selection, the agreement must contain the language. If the complainant or aggrieved alleges that a higher performance rating was not received because of race and alleges that a promotion was not received because of age, settlement of the race issue does not require the Older Worker Act language. However, settlement of the non-promotion claim does require the language. If the agreement settles both claims, then the agreement must contain the Older Worker Act language.

  TIMELINESS; ACCEPTING AND DISMISSING EEO COMPLAINTS (12-02-2003)

  The Army Standard Level of Service for accepting or dismissing EEO complaints is 15 calendar days from date of receipt of the formal EEO complaint. A review of the submissions from installation EEO offices indicates that the time to accept or dismiss an EEO complaint far exceeds the 15 calendar days. Such performance is unacceptable.

  29 CFR 1614 INTERIM FINAL RULE: NO FEAR ACT  (12-02-2003)

  Introduction: EEOC issued rules to implement the posting requirements set forth in Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (the No Fear Act), P.L. 107-174. Pursuant to the No Fear Act, a federal agency must post on its public web site certain information pertaining to complaints of employment discrimination filed under 29 CFR Part 1614 (i.e., individual complaints, class complaints, and mixed-case complaints – but not mixed-case appeals that are filed with the U.S. Merits Systems Protection Board or grievances raising claims of employment discrimination filed under collective bargaining agreements). Title III authorizes EEOC to issue rules concerning the “time, form and manner” of the postings, to define the terms“issue” and “basis,” and to issue any other “rules necessary to carry out” Title III.

Section 301 of the No Fear Act specifically sets forth the “summary statistical data” that each agency must post. It requires an agency to post this data for the current fiscal year on a cumulative basis (year-to-date information), updated quarterly. An agency also must post year end data for the five previous fiscal years for comparison purposes. In addition, under section 302 of the No Fear Act, EEOC must post fiscal year data pertaining to hearing requests and appeals corresponding to that which agencies are required to post under section 301.

  CLASS ACTIONS: The Nature, Process and Critieria for Certification (12-11-2003)

  

This article addresses the nature, process and criteria for certification of class actions in administrative proceedings with regard to claims of workplace discrimination in the Federal sector. Authored by the Equal Employment Opportunity Commission, Office of Federal Operations, it is not intended to be an exhaustive discussion of class complaints. Instead, it provides the reader with a general procedural overview from the initiation of a class complaint to certification or dismissal, based on the regulations found at Title 29, Code of Federal Regulations, Part 1614, EEOC Management Directive 110, and EEOC case law. Click here

  EEOC MD 110 (02-03-2004)

  Click here

  Equal Employment Opportunty Discrimination Complaints (02-03-2004)

  Click here to get the PDF version

  OCI Information (03-11-2004)

  OCI WebPage

  Case files for EEOCR at the Hearing Stage (06-07-2004)

  Special Instructions on Case Files: Activity EEO officers are to provide a copies of the EEO complaint file when:

1. The Complainant requests a decision on the record (without an AJ hearing). Send 2 copies (original and copy of the case file) EEOCR.

2. The EEO office sends a copy of the complaint file to the AJ a copy should also be sent to EEOCCR.

Currently, many EEO officers are not sending a copy of the complaint file to EEOCCR at the time the file is transmitted to the AJ. When a decision by the AJ is received in EEOCCR, we then must request a copy from the activity EEO officer. This is a waste of resources to make these calls. Further, waiting for the files delays the preparation of the final agency action and thus increases the time to process the complaints from date of file to date of decision.