| Investigating Discrimination Complaints |
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| Overview: |
| Stop compromising investigation complaints because of missed steps or lack of documentation. You learn to identify and correct weaknesses in investigations. You learn to apply Equal Employment Opportunity (EEO) laws and policies, deal with burden-of-proof requirements, establish a prima facie case, analyze evidence and discrimination allegations, conduct interviews, write affidavits and prepare for investigations. |
| Who Should Attend? |
| Discrimination complaints investigators, EEO counselors and heads of complaints processing units. |
| Additional Information: |
| View Course Selection Guides. |
| Objectives: |
| Describe the role of the investigatorBe knowledgeable of laws, regulations and policies which govern civil rights investigationsDescribe the theories of discrimination and burdens of proofDevelop an investigative planCollect evidence relevant to complaint processing and investigationPrepare the report of investigation |
| Syllabus: |
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Syllabus -- Investigating Discrimination Complaints, EEOP8102D, Grad. School, USDA
Day one of four
- Introduction
- Course objectives
- Agenda
- Administrative Issues
- Pre/Post course assessment questionnaire
- EEO Laws, regulations, and policies
- Purpose of the investigation
- EEO Laws, regulations and policies
- Title VII of the Civil Rights Act of 1964, as Amended
- Public Law 92-261, The Equal Employment Act of 1972
- The Equal Pay Act
- The Age Discrimination in Employment Act
- The Rehabilitation Act of 1973
- The Age Discrimination in Employment Act
- Uniform Guidelines on Employee Selection Procedures
- The Vietnam Era Veterans Readjustment Assistance Act of 1974
- Civil Service Reform Act 1978
- Guidelines on discrimination based on sex
- EEOC guidance on sexual favoritism
- Major provisions of the Civil Rights Act of 1991
Day two of four
- Federal Discrimination Complaint Procedures
- Discrimination complaint process - statutory procedures
- The right to proceed with a complaint processing individual complaints
- Investigating allegations
- Final agency decision
- Discrimination complaint process - negotiated grievance and arbitration cases
- EEO/Merit Systems protection board review of "Mixed Cases"
- Federal sector discrimination law- special provisions
- Class complaints
- Appeals and grievances
- Special procedures for appeals
Day three of four
- Theories of Discrimination
- Disparate treatment
- Adverse impact
- Perpetuation of past discrimination
- Accommodation
- Retaliation/Reprisal
- Evidence
- Analysis of evidence
- Sources of evidence
- Sanitization and the Privacy Act
- Sanitizing exhibits and documentary evidence
- Privacy Act provisions applicable to the EEO investigation file
- The Investigation Plan
Day four of four
- Conducting the Investigation
- The investigator's role
- Information on the investigative process
- Mediated and negotiated settlements
- Preparing the investigation
- Interviewing the witnesses
- Interviewing handicapped individuals
- Recording interview results
- Resolution or withdrawal of complaints
- Preparing the Report of Investigation
- Survey of the general environment
- Applicable statutes, laws, and regulations
- Analysis
- Observations
- Organization
- Evidence and Exhibits
- Evidence for remedies
- Restrictions on the use of information
- The report of the investigation
- Contents of the complaint file
- Format of the complaint file
- Reviewing the ROI prior to agency submission
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