1. SAIGE 11th Annual National Training Program
Understanding Your EEO Rights and Responsibilities
Presented By:
Cynthia D. Dunn, Internal Revenue Service (IRS)
Tax Exempt and Government Entities (TE/GE)
Office of Equity, Diversity and Inclusion (EDI)

2. 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

3. 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.

4. 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

5. 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

6. Bases of Discrimination An 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

7. 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

8. Summary of EEO Complaint Process

9. 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.

10. 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.

11. 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.

12. 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

13. 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.

14. 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

15. 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

16. 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 )
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

17. 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

18. Preventing EEO Complaints
“No plan is worth the paper it is printed on unless it starts with you doing something about it”
Anonymous

19. 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

20. Communicating for Better Relationships

21. 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

22. Communication Barriers
Be mindful of communication barriers
Ordering, directing, and commanding
Threatening
Exhorting, moralizing, and preaching
Lecturing
Judging, criticizing, disagreeing, and blaming

23. Handling Emotions
You can have brilliant ideas, but if you can’t get them across your ideas won’t get you anywhere
- Lee Iacocca

24. 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

25. 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

26. A Conflict Management Tool
What to do:
Get Clear on the Issues
Attack 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 options
Brainstorm, focus on interests
Identify the best solution
Focus on future & objective criteria
Agree on next steps
Summarize and cover the details

27. 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.

28. 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”

29. Who is Responsible for EEO?
All of Us!
EEO is for Everyone!

30. QUESTIONS?