CFR Regulations: Postal Employees Representing other Employees in EEO
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY
(b) If the complainant is an employee of the agency, he or she shall have a reasonable amount of official time, if otherwise on duty, to prepare the complaint and to respond to agency and EEOC requests for information. If the complainant is an employee of the agency and he designates another employee of the agency as his or her representative, the representative shall have a reasonable amount of official time, if otherwise on duty, to prepare the complaint and respond to agency and EEOC requests for information. The agency is not obligated to change work schedules, incur overtime wages, or pay travel expenses to facilitate the choice of a specific representative or to allow the complainant and representative to confer. The complainant and representative, if employed by the agency and otherwise in a pay status, shall be on official time, regardless of their tour of duty, when their presence is authorized or required by the agency or the Commission during the investigation, informal adjustment, or hearing on the complaint.
(c) In cases where the representation of a complainant or agency would conflict with the official or collateral duties of the representative, the Commission or the agency may, after giving the representative an opportunity to respond, disqualify the representative.
(d) Unless the complainant states otherwise in writing, after the agency has received written notice of the name, address and telephone number of a representative for the complainant, all official correspondence shall be with the representative with copies to the complainant. When the complainant designates an attorney as representative, service of all official correspondence shall be made on the attorney and the complainant, but time frames for receipt of materials shall be computed from the time of receipt by the attorney. The complainant must serve all official correspondence on the designated representative of the agency.
(e) The Complainant shall at all times be responsible for proceeding with the complaint whether or not he or she has designated a representative.
(f) Witnesses who are
Federal employees, regardless of their tour of duty and regardless of
whether they are employed by the respondent agency or some other Federal
agency, shall be in a duty status when their presence is authorized or
required by Commission or agency officials in connection with a complaint.
Selected EEOC cases
An agency employee is entitled to official time to represent another employee in
non-pay status as long as the employee was an employee at the time of the
alleged adverse action. Kwok v. U.S. Postal Service, EEOC No. 05940368
(1994), 95 FEOR 3102 .
Zuniga v. U.S. Postal Service, EEOC
No. 01831980 (1983), 83 FEOR 21338 .
US Postal Service Profiles 2003
Excerpts from EEOC's Annual Report on the Federal Work Force Fiscal Year 2003
Total Reported Workforce: 821,881
NOFEAR Act in a nutshell
Excerpt from Andrew Colsky
. . . a new law referred to as the Notification
and Federal Employee Anti-discrimination and Rehabilitation Act of 2002 (NO
FEAR) Public law 107-174 that will have significant impact on federal
agencies (including USPS) and their Equal Employment Opportunity (EEO) programs. In short,
the act is designed to:
|Excerpt from the Federal
Equal Employment Opportunity Commission on 1/26/04 released
the second in a series of instructions on implementing a law that encourages
federal agencies to step up their anti-discrimination efforts
-SUMMARY: EEOC is issuing 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), Pub. L. 107-174. Pursuant to the No Fear Act, a federal agency must post on its public Web site summary statistical data pertaining to complaints of employment discrimination filed by employees, former employees and applicants for employment 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. Merit 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
The posting of EEO data on agency public Web sites is intended to assist Congress, Federal agencies and the public to assess whether and the extent to which agencies are living up to their equal employment opportunity responsibilities. Currently, EEO data, such as that reported on the Form 462, is reported to Congress by EEOC and is available from EEOC or can be viewed on EEOC's public Web site.
|Management Directive 715
responsibilities under Section 717 of Title VII and Section 501 of the
2. PURPOSE. The new guidelines also direct agencies to evaluate managers based on their efforts to prevent discrimination and to track disciplinary actions taken against managers found guilty of violating EEO policies. Under the directive, agency executives and managers will also need to demonstrate that anti-discrimination efforts are working. For instance, agencies will need to submit self-assessments to the EEOC, identifying “barriers that impede free and open competition in the workplace” and detailing progress on eliminating the barriers.
|USPS News: New EEO
office-Centralized location will serve employees better
One office, better service. That's the reason for the new centralized Equal Employment Opportunity (EEO) claims investigations office located in Tampa, FL.
The office will consolidate USPS EEO investigations under one manager. It will use a staff of professional EEO analysts to monitor investigations conducted by private independent contract investigators. The new office reports to Labor Relations V.P. Tony Vegliante.
The independent contractors will bring neutrality to USPS EEO investigations — a long-held goal of the Postal Service. Previously, USPS employees conducted EEO investigations of claims made by USPS employees for USPS. "This new process will be fairer and more impartial for employees, investigators and USPS," said Vegliante.
These neutral investigators — trained in accordance with EEO Commission policy and regulations — will perform unbiased investigations, gather all relevant facts and provide an investigative summary of their findings. Area EEO offices will still be responsible for providing the results of the investigation to the complainant.
"This new process will provide quality investigations in a timely manner for all Postal Service employees," said Vegliante. Employees contacted by EEO investigators should respond promptly and give their full cooperation and support.
Look for a nationwide mailing on the new process coming to USPS employee mailboxes soon.
USPS continues to have the largest number of EEO complaints filed of all Federal agencies.
In Fiscal Year 2002, USPS had 9,931 complaints filed, or about 45% of all complaints filed.
Below are excerpts from the Full EEOC Report- 7/21/03
ADR Participation Rate During the Pre-Complaint Process