Presentation on theme: "SAIGE 11th Annual National Training Program"— Presentation transcript:
1 SAIGE 11th Annual National Training Program Understanding Your EEO Rights and ResponsibilitiesPresented 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 InclusionHighest Ranking Native American Ancestry Official in TE/GE34 Years of Federal ServiceEEO/EDI/Diversity/Civil Rights Field since 1992Lifetime Member of SAIGETribal Affiliation = Crow and BlackfeetProud 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 1614This 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 RegulationsThere are several statues that define and prohibit discrimination in the workplace:Title VII of the Civil Rights Act of 1964Age discrimination in Employment Act of 1967The Rehabilitation Act of 1973The Civil Rights Act of 1991The Fair Labor Standards Act of 1938The Equal Pay Act of 1963
6 Bases of Discrimination An employee may allege discrimination on one or more of the following bases: Race and ColorNational OriginReligionSexDisabilityAgeReprisalSexual 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 IslanderColorVarious complexions (light or dark)National OriginIndividual’s or ancestor’s place of originReligionReligious beliefs or practicesSexMale or FemaleAlso protect Pregnancy DiscriminationDisabilityActual or perceived disability or a history of such disabilityThe agency is also required to provide Reasonable AccommodationsAgeAge 40 or olderReprisalComplainants, witnesses, EEO Employees
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 ComplaintComplainant has 15 days from receipt of notice to file the complaintThe 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 complaintKnow your rights EEO vs. NTEUFully describe the issues and how they relate to the discriminatory basis – Be Honest and Truthful!Keep an open mind to communicatingSuggest and recommend solutionsAcknowledge misunderstandingsRelax 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 needsDon’t let manageable concerns grow into serious problemsShow 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-worthBe human, be positive, and keep your sense of humor“ Sleep on it!” before reacting (particularly )Be consistent in the way you treat peopleBe careful of defensiveness in response to complaintsShow gratitude and recognize good work, and do it timelyBe 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 CounselorFiling a Formal ComplaintAgency Issues A Decision (Final Action)Requesting A HearingFiling An Appeal of the Agency’s Final OrderRequest For Reconsideration of the Appeal DecisionFiling A Lawsuit
21 Rules for Active Listening Listen with RespectDon’t Challenge or InterruptCheck for UnderstandingDon’t Problem-SolveListen for all the is being said
22 Communication Barriers Be mindful of communication barriersOrdering, directing, and commandingThreateningExhorting, moralizing, and preachingLecturingJudging, criticizing, disagreeing, and blaming
23 Handling EmotionsYou 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 withKeep currentKeep Talking
25 Handling Others Emotions AcknowledgeFind a time and place to talkConsider the sourceKnow your own “Hot Buttons”Balance rational with emotionalSet Boundaries
26 A Conflict Management Tool What to do:Get Clear on the IssuesAttack the problem not the personListen to what the person has to sayHis/her positions and proposed solutionsIdentify and affirm underlying interestsPriorities and common groundDevelop optionsBrainstorm, focus on interestsIdentify the best solutionFocus on future & objective criteriaAgree on next stepsSummarize 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 unexpectedConsider the other personPrepare a list of questions in advanceIdentify and prioritize the issues“Set the stage”
29 Who is Responsible for EEO? All of Us!EEO is for Everyone!