Podcast
Questions and Answers
What is the primary method for delivering the letter outlining allegations and investigation outcomes to the complainant?
What is the primary method for delivering the letter outlining allegations and investigation outcomes to the complainant?
- Via certified mail to ensure receipt and maintain a record.
- By leaving a voicemail message detailing the findings to ensure prompt notification.
- Through an email containing a password-protected attachment for security.
- In person by the EEO program manager or designee. (correct)
According to the EEO process, where are records such as EEO reports, investigation documentation, and notes primarily stored?
According to the EEO process, where are records such as EEO reports, investigation documentation, and notes primarily stored?
- In the employee's official personnel file for easy accessibility.
- In a shared network drive accessible to all employees.
- Filed in EEO case files, separate from the employee's official personnel file. (correct)
- In the City Clerk’s office for public record-keeping purposes.
An employee who is notified of an EEO investigation outcome may also receive notification of substantiated allegations, but what is the appropriate action to take with the notification?
An employee who is notified of an EEO investigation outcome may also receive notification of substantiated allegations, but what is the appropriate action to take with the notification?
- The notification comes directly from the EEO program manager, outlining any substantiated allegations. (correct)
- The notification should be shared with their supervisor to seek guidance.
- The employee should seek legal counsel about their rights and responsibilities.
- The employee should immediately confront the complainant to resolve the matter.
In managing an EEO investigation, which aspect is determined at the sole discretion of the investigator?
In managing an EEO investigation, which aspect is determined at the sole discretion of the investigator?
Where is a disciplinary action notice issued as a result of an EEO investigation stored?
Where is a disciplinary action notice issued as a result of an EEO investigation stored?
An employee believes they are being harassed by a vendor. According to the policy, who should they immediately notify?
An employee believes they are being harassed by a vendor. According to the policy, who should they immediately notify?
A supervisor witnesses a coworker harassing another employee. What action is the supervisor required to take?
A supervisor witnesses a coworker harassing another employee. What action is the supervisor required to take?
An employee wants to file a complaint about an incident that occurred ten months ago. What is the most likely outcome according to the policy?
An employee wants to file a complaint about an incident that occurred ten months ago. What is the most likely outcome according to the policy?
After a complaint is filed, who is responsible for the initial review?
After a complaint is filed, who is responsible for the initial review?
If the EEO program manager determines that a complaint does not violate the anti-discrimination and harassment policy, what are their options?
If the EEO program manager determines that a complaint does not violate the anti-discrimination and harassment policy, what are their options?
If an investigation proceeds, who is notified in addition to the complainant and the accused?
If an investigation proceeds, who is notified in addition to the complainant and the accused?
Who can submit an EEO complaint form according to this policy?
Who can submit an EEO complaint form according to this policy?
Why might complaints pertaining to older incidents be dismissed?
Why might complaints pertaining to older incidents be dismissed?
In an investigation according to the guidelines, which scenario permits a recording of the interview?
In an investigation according to the guidelines, which scenario permits a recording of the interview?
According to the guidelines, who among the following is permitted to bring a representative to an interview during an investigation?
According to the guidelines, who among the following is permitted to bring a representative to an interview during an investigation?
An employee covered by a Memorandum of Understanding (MOU) is accused of violating the anti-discrimination policy. What specific consideration applies to their investigative interview?
An employee covered by a Memorandum of Understanding (MOU) is accused of violating the anti-discrimination policy. What specific consideration applies to their investigative interview?
What is the primary responsibility of the department director upon receiving the investigation findings?
What is the primary responsibility of the department director upon receiving the investigation findings?
Who is typically notified, according to the guidelines, about the findings of a harassment investigation?
Who is typically notified, according to the guidelines, about the findings of a harassment investigation?
When can a witness seek clarification on what to expect during an interview?
When can a witness seek clarification on what to expect during an interview?
How are the investigation findings typically communicated to the department director?
How are the investigation findings typically communicated to the department director?
An employee not covered by an MOU is accused of violating the anti-discrimination policy. Which of the following conditions applies to the investigative interview?
An employee not covered by an MOU is accused of violating the anti-discrimination policy. Which of the following conditions applies to the investigative interview?
Flashcards
Complainant Notification
Complainant Notification
Delivered by EEO program manager, preferably in person, outlining allegations and investigation outcome.
Accused Notification
Accused Notification
Sent by EEO program manager, notifying of investigation outcome and substantiated allegations.
Investigation Process
Investigation Process
Determined by the investigator to best meet the needs of the individual complaint.
EEO Case File Contents
EEO Case File Contents
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Disciplinary Action Notice
Disciplinary Action Notice
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Reporting Discrimination/Harassment
Reporting Discrimination/Harassment
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Complaint Submission
Complaint Submission
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Supervisor's Reporting Duty
Supervisor's Reporting Duty
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Third-Party Reporting
Third-Party Reporting
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Complaint Time Limit
Complaint Time Limit
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Complaint Reviewer
Complaint Reviewer
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EEO Manager's Decision
EEO Manager's Decision
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Director Notification
Director Notification
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Complainant Interview Rules
Complainant Interview Rules
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Witness Interview Rules
Witness Interview Rules
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Accused Interview Rules
Accused Interview Rules
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Witness Interview Prep
Witness Interview Prep
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Investigation Finding Notification
Investigation Finding Notification
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EEO Report Delivery
EEO Report Delivery
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Director's Response Time
Director's Response Time
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Study Notes
- This document outlines the procedure for discrimination and harassment investigations.
Filing a Complaint
- Employees who believe they have been subjected to discrimination or harassment should immediately notify their supervisor, department director, EEO program manager, HR consultant, or any other city manager.
- Employees are encouraged to submit a complaint form to human resources.
- Supervisors, managers, or other city officials with knowledge of harassment or discrimination must report it to the city's EEO program manager and submit the EEO Complaint Form on behalf of an employee.
- Third parties who observe discrimination or harassment may also submit the EEO complaint form.
- Complaints regarding actions occurring more than six months before filing may face dismissal due to difficulty in investigation.
Review Process
- The EEO program manager reviews all discrimination and harassment complaints.
- If a complaint potentially violates the anti-discrimination and harassment policy, the EEO program manager or designee will proceed with an investigation.
- If the complaint doesn't violate the policy, the EEO program manager can dismiss the complaint and notify the complainant.
- The HR consultant and/or department director may be notified if other city policies may have been violated in the process.
- When an investigation proceeds, the department director will be notified.
Interviews
- Investigations may include interviews with the complainant(s), witnesses, and accused person(s), with interviews conducted according to guidelines including a review of relevant evidence.
- When interviewing the complainant:
- The complainant may bring a representative.
- HR will record the interview.
- No other recordings are permitted.
- The complainant can request a copy of the recording.
- When interviewing witnesses:
- Witnesses can consult with the EEO program manager, their HR consultant or with a union representative to review the steps outlined in this procedure.
- Representatives are not permitted.
- No recordings are permitted.
- When interviewing an employee accused of violating the anti-discrimination and harassment policy:
- Employees not covered by an MOU aren't permitted representatives, and no recordings will be made.
- Employees covered by an MOU will follow the investigative interview process, including providing notice of allegations, allowing a representative, and recording the interview.
Notification and Records
- All parties will be notified of the investigation's findings.
- In most situations, the EEO program manager sends an investigation report and conclusions to the department director, with a copy to the human resources director.
- The department director must respond to the investigator within 15 days.
- The EEO program manager will deliver a letter outlining the allegations and outcome to the complainant, preferably in person.
- The complainant may bring a representative
- This will not be recorded
- A letter is sent by the EEO program manager to the accused outlining the outcome of the investigation.
- The investigator has sole discretion over the investigation process (interviewees, order of interviews, information considered, and notifications).
- EEO reports, documentation, recordings, and notes are filed in EEO case files and are not part of the employee's personnel file.
- Disciplinary action notices from EEO investigations are stored in the employee's official personnel file.
- Records will be kept in line with the city's retention schedule.
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