SAIGE 11th Annual National Training Program
Presented By:Cynthia D. Dunn, Internal Revenue Service (IRS)
Tax Exempt and Government Entities (TE/GE)Office of Equity, Diversity and Inclusion (EDI)
Understanding Your EEO Rights and Responsibilities
Who Am I?
Cynthia Dunn, Director, TE/GE, Equity, Diversity and Inclusion
Highest Ranking Native American Ancestry Official in TE/GE
34 Years of Federal Service EEO/EDI/Diversity/Civil Rights Field
since 1992 Lifetime Member of SAIGE Tribal Affiliation = Crow and Blackfeet Proud Mother and Grandmother
What is EEO?
Employment discrimination laws were enacted to combat types of widespread discrimination that exists in some workplaces including Federal agencies. These laws are aimed at eliminating stereotypes, prejudice, and unsupported assumptions about an individuals ability to do a job.
Title 29 C.F.R. Part 1614
This is the regulation governing the processing of Federal sector discrimination complaints.
These regulations set time limits for each portion of the complaint.
The Equal Employment Opportunity Commission (EEOC) has provided further guidance and interpretation of 29 CFR 1614 in its EEOC Management Directive - 110
Laws and Regulations
There are several statues that define and prohibit discrimination in the workplace:
Title VII of the Civil Rights Act of 1964 Age discrimination in Employment Act of
1967 The Rehabilitation Act of 1973 The Civil Rights Act of 1991 The Fair Labor Standards Act of 1938 The Equal Pay Act of 1963
Bases of DiscriminationAn employee may allege discrimination on one or more of the
following bases:
Race and Color National Origin Religion Sex
Disability Age Reprisal Sexual
Orientation* Parental Status* Protected
Genetic Information*
* Executive Orders
Definitions of Bases Race
The US Government currently recognizes 5 races for legislative, programmatic, and administrative requirements:
American Indian or Alaskan Native, Black or African American, White, Asian, and Hawaiian or other Pacific Islander
Color Various complexions (light or
dark) National Origin
Individual’s or ancestor’s place of origin
Religion Religious beliefs or practices
Sex Male or Female Also protect Pregnancy
Discrimination Disability
Actual or perceived disability or a history of such disability
The agency is also required to provide Reasonable Accommodations
Age Age 40 or older
Reprisal Complainants, witnesses, EEO
Employees
Summary of EEO Complaint Process
What is EEO Office Responsibility?
Counseling (Informal Complaint)
You have 45 days from the alleged act of discrimination or the time you became aware of the discrimination to contact the EEO Office or an EEO Counselor.
The Counseling period will last up to 30 days. It can be extended an additional 60 days if necessary.
The Counselors attempts settlement. A Notice of Right to File a Formal Complaint will be issued to you if there is no settlement.
As of April 1, 2001 the Internal Revenue Service will offer the opportunity to resolve disputes through it’s Alternative Dispute Resolution (ADR) Program. Federal agencies may differ.
The IRS has chosen Mediation as the tool for resolving disputes.
Formal Complaint
Complainant has 15 days from receipt of notice to file the complaint
The complaints are filed with the Treasury Complaint Mega Center in Dallas.
The Complaint Center determines whether to accept or dismiss all or part of the complaint.
EEO Investigation
If the complaint is accepted: The Treasury Complaint Center must
complete the process within 180 days from filing date.
The Investigation process may be extended up to an additional 90 days.
An EEO Investigator will take sworn testimony from all individuals deemed to have pertinent information to the complaint.
Employee’ EEO Responsibility
Attempt to resolve conflict prior to filing an EEO pre complaint
Know your rights EEO vs. NTEU Fully describe the issues and how they
relate to the discriminatory basis – Be Honest and Truthful!
Keep an open mind to communicating Suggest and recommend solutions Acknowledge misunderstandings Relax and let the process work
Management’s EEO Responsibility
Understand the “reason” employee filed a complaint.
If the Complainant choose ADR – it is mandatory management participation.
Suggest possible solutions. Be honest and truthful when
responding. Seek Guidance and Assistance. Relax and let the process work.
Preventing EEO Complaints
“ The measure of a man is not where he stands in moments of comfort and
convenience, but where he stands at times of challenge and controversy”
Martin Luther King
Tips on How to Prevent Potential EEO Complaints
Communicate issues and concerns, be clear on expectations and needs
Don’t let manageable concerns grow into serious problems
Show interest—get to know your manager – “What makes them tick”
Recognize People differ from each other (and you) – but:
* Avoid and suspend preconceptions
* Base decisions on objective factors
* Don’t fuel workplace fires
Tips on How to Prevent Potential EEO Complaints
Treat people with respect, maintain their sense of self-worth
Be human, be positive, and keep your sense of humor
“ Sleep on it!” before reacting (particularly email) Be consistent in the way you treat people Be careful of defensiveness in response to
complaints Show gratitude and recognize good work, and do
it timely Be honest follow through on promises and don’t
over - promise
Tips on How to Prevent Potential EEO Complaints
Listen, and show you are listening: - Seek dialogue, not debate - Use active listening - Use a “gesture of empathy” - Look for common interests, build on them
Preventing EEO Complaints
“No plan is worth the paper it is printed on unless it starts with you
doing something about it” Anonymous
7-Step Overview of Federal Sector EEO Complaint Process
EEO Counselor Filing a Formal Complaint Agency Issues A Decision (Final
Action) Requesting A Hearing Filing An Appeal of the Agency’s Final
Order Request For Reconsideration of the
Appeal Decision Filing A Lawsuit
Communicating for Better Relationships
Rules for Active Listening
Listen with Respect Don’t Challenge or Interrupt Check for Understanding Don’t Problem-Solve Listen for all the is being said
Communication Barriers
Be mindful of communication barriers Ordering, directing, and commanding Threatening Exhorting, moralizing, and preaching Lecturing Judging, criticizing, disagreeing, and
blaming
Handling Emotions
You can have brilliant ideas, but if you can’t get them across your ideas
won’t get you anywhere - Lee Iacocca
Handling Emotions
Name it Avoid Personal Attacks Take a break Find a safe place to vent and a safe
person to vent with Keep current Keep Talking
Handling Others Emotions
Acknowledge Find a time and place to talk Consider the source Know your own “Hot Buttons” Balance rational with emotional Set Boundaries
A Conflict Management Tool
What to do:Get Clear on the IssuesAttack the problem not
the person
Listen to what the person has to say
His/her positions and proposed solutions
Identify and affirm underlying interests
Priorities and common ground
Develop optionsBrainstorm, focus on
interests
Identify the best solutionFocus on future &
objective criteria
Agree on next stepsSummarize and cover
the details
A Conflict Management Tool
How to do it—(good communication)Encourage Communication by creating a safe
and comfortable environment, listening and showing interest.
Clarify issues and interests with active listening, but don’t interrupt too much.
Validate and Recognize what’s said –paraphrase, feedback, summarize occasionally.
Strategies for Communication
Expect the unexpected Consider the other person Prepare a list of questions in advance Identify and prioritize the issues “Set the stage”
Who is Responsible for EEO?
All of Us!EEO is for Everyone!
QUESTIONS?