COUNCIL OF THE
POLICY AND PROCEDURES MANUAL
SECTION 100
EQUAL EMPLOYMENT
DATE OF ISSUE: March 16, 2005
DATE OF REVISION:
I. POLICY
The Council of the Southern Mountains will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, veteran status or political affiliation in accordance with state and federal laws.
II. DISCUSSION
The mission of the Council is to help all people overcome the causes and effects of poverty. Despair is no respecter of person and the hand of kindness and help will be extended by the Council to all those in need.
III. PROCEDURES
A. The Council prohibits, forbids, and does not tolerate discrimination against anyone on the basis of race, color, religion, sex, age, national origin, veteran status, disability, or by reason of retaliation.
B. All employees, supervisors and job applicants are guaranteed the same employment opportunities.
C. No person, or employee, no matter his or her position has the authority, expressed, actual, apparent or implied, to discriminate against another employee of the Council of the Southern Mountains.
D. The Council will not discriminate against any employee, supervisor, or applicant on the basis of race, color, religion, sex, age, national origin, veteran status, disability, or by reason of retaliation.
E. Council supervisors will make all recruitment, placement, selection, training, and layoff decisions based solely on job related qualifications and abilities without regard to race, color, religion, sex, age, national origin, veteran status, or disability.
F. The Council will administer and conduct all personnel procedures
including compensation, benefits, discipline, training, recreational and social activities, and safety and health programs without regard to an individual’s race, color, religion, sex, age, national origin, veteran status, disability, or by reason of retaliation.
G. The Council prohibits verbal, physical, or visual conduct that belittles or
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Equal Employment
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demeans any individual on the basis of race, color, religion, sex, age, national origin, veteran status, disability, or by reason of retaliation.
IV. Reporting Procedures
A. Any employee or applicant for employment with questions, problems, or complaints regarding a violation of this policy, or discrimination in general, must communicate your concerns to their immediate supervisor if employed or the Human Resources Director if applying for a job.
B. Employees or applicants uncomfortable doing so or if you supervisor is the source of the problem, condones the problem, or ignores the problem, report to the supervisor’s supervisor or Project Director.
C. If neither of these alternatives is satisfactory, then individuals can direct questions, problems, complaints, or reports the Executive Director.
D. Employees or applicants are not required to directly confront the person who is the source of a report, question, or complaint before notifying any of the individuals listed above.
The following was taken directly from the Federal EEOC website for full compliance and staff awareness:
Who Can File a Charge of Discrimination?
Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.
In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.
How Is a Charge of Discrimination Filed?
A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.
Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.
Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.
What Information Must Be Provided to File a Charge?
The complaining party's name, address, and telephone number;
The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
The date(s) of the alleged violation(s).
Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.
What Are the Time Limits for Filing a Charge of Discrimination?
All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:
A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.
What Agency Handles a Charge that is also Covered by State or Local Law?
Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law.
If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.
If a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.
What Happens after a Charge is Filed with EEOC?
The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled:
A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred.
EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues.
In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate.
The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation.
A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf.
Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.
How Does EEOC Resolve Discrimination Charges?
If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.
If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination.
If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.
If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and
Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing. . When Can an Individual File an Employment Discrimination Lawsuit in Court?
A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge.
Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage.
Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.
What Remedies Are Available When Discrimination Is Found?
The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:
back pay,
hiring,
promotion,
reinstatement,
front pay,
reasonable accommodation, or
other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination).
Remedies also may include payment of:
attorneys' fees,
expert witness fees, and
court costs.
Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against the federal, state or local governments.
In cases concerning reasonable accommodation under the
An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.
Civil Rights Complaint/Grievance Procedure
This policy statement complies with the Civil Rights Act, VI [45CFR part 80.7 (b) and section 504 of the Rehabilitation Act of 1973 [45 CFR part 84.7 (b)]. If you feel that you have been denied a benefit or service because of your race, color, national origin, age, sex, religion or disability you may file a complaint of Discrimination with the Facility Administrator of Council of Southern Mountains, either verbally or in writing. A written response will be issued to you within 15 days of the complaint notice. (It is recommended a written response be issued to the complaining party within 15-30 days after the complaint is filed with your facility).
You may also file a complaint with one of the external agencies listed below. If you choose to file your complaint in writing, you must include your name, address, telephone number and a brief description of what occurred which led you to believe you were discriminated against. If you need assistance, the Facility Administrator of Council of Southern Mountains will be available to assist you. You may also file a complaint by calling either of the external agencies. Please note the department of Social Services has a toll free number in addition to a TDD number.
1. Complaint Mailing Addresses and Telephone Numbers
The
Telephone: 202-619-0257
Toll Free: 1-877-696-6775
Department of Health and Human Resources
Office of Inspector General
Office of Civil Rights Compliance
State Capitol Complex
Building 6, room 817-B
Telephone: 304-558-1861 Fax: 304-558-1992
Non-Retaliation Clause: You will not be intimidated, harassed, threatened or suffer any penalty because you file a complaint. Any penalty or reprisal against you or any other involved persons is prohibited by law.
