Equal Opportunity Employment
FREQUENTLY ASKED EEO QUESTIONS
What is the role of the
EEO Program within the Albuquerque Area Indian
Health Service?
The EEO Program within IHS enables the Agency to concentrate on providing
quality health care to Native American Indians in two ways: (1) it ensures
that employment-related decisions within the workplace are made fairly,
so that employee’s energies can be devoted directly to the IHS
mission, and (2) through the Affirmative Employment Program and in conjunction
with the Office of Personnel, it locates and develops qualified Indians
and others to meet IHS workforce needs.
What is the management structure of the EEO
Program?
The EEO program begins with the strong support of the Area Director
for the Albuquerque Area in order to achieve maximum results. The Service
Unit Directors/Program Managers/Supervisors receives assistance from
the Manager, Equal Employment Opportunity Program who assists and advises
on the conduct of an affirmative program of equal employment opportunity.
The designated EEO Counselors function under the guidance and supervision
of the EEO Manager and Area Director while performing official EEO counseling
activities.
How does the Federal EEO process work?
Under the Equal Employment Opportunity Commission (EEOC) complaint procedures,
which appear in Title 29, Code of Federal Regulations, Section 1613,
the complaint process contains the following steps:
- Informal Process. Employee contacts a counselor (within 45 days)
where the counselor works with the complainant and management to resolve the
issue (30 days).
- Alternate Dispute Resolution. (MEDIATION)
- If the informal process does not resolve the matter, a complainant
may file a formal complaint with the Regional Manager, Dave Thompson, Indian
Health Service. Oklahoma City Area Office.
- The complaint, if accepted by the Department, is investigated.
- After the investigation, both parties review the file and settlement
attempt is made.
- If the settlement is unsuccessful, a proposed disposition of the
case is drafted and issued to the complainant by the Director, Indian
Health Service.
- If the proposed disposition is not acceptable to the complainant,
he/she may request a hearing from EEOC, and the EEOC Administrative Judge
will issue a recommended decision to the Agency.
- The Agency will issue a final decision which will either accept or
reject the recommended decision of the Administrative Judge.
- If the complainant is not satisfied with the agency’s decision,
he/she may file an appeal with the EEOC Office; or may file a case in federal court.
Who may file an EEO complaint?
Any employee, former employee or applicant who feels that he/she has
been discriminated against because of race, sex, color, religion, national
origin, age, physical/mental handicap, sexual harassment, or retaliation/reprisal.
What is an EEO complaint?
An EEO Complaint is an allegation (claim) of discrimination base on
one or more of the following:
| Race |
Religion |
Color |
| Sex |
Sexual Harrassment |
Retaliation/Reprisal |
| Age |
Physical Handicap |
National Origin |
What are the time limits?
An EEO Counselor must be contacted no later than 45 calendar days following
an alleged discriminatory incident, or within 45 calendar days of discovering
the discrimination, if there was no way the matter could have been known
about earlier.
Who should be contacted?
The EEO Counselor in the Area where the complaint arose or the Area
EEO Manager.
What is the role of the EEO counselor?
The Counselor does not serve as a representative to the complainant.
The Counselor conducts a fact-finding inquiry and attempts
to resolve or settle the complaint. The Counselor has
30 calendar days in which
to attempt resolution. At the end of the 30 calendar
days and if no extension of time is requested, the
counselor will complete a final counseling
report and issue the report and a memo the complainant
stating he/she has the right to file a formal complaint
to the David Thompson, EEO Regional
Manager, Indian Health Service, Oklahoma City, OK.
Is the complaint process confidential?
During the informal stage, the complainant may request and receive complete
anonymity from the EEO Counselor. Complete anonymity means that the complainant’s
name would not be mentioned to any employee-witness who is consulted
about the person’s concern in a resolution attempt. In the formal
stage, complete anonymity cannot be granted, because employee-witnesses
must know the complainant’s name in order to respond to the investigator.
However, the circumstances of a complaint are always treated confidentially
by EEO personnel, and no one other than persons in a need-to-know status
are informed of the case.
What about representation?
The Complainant may be represented throughout the entire complaint process.
A representative may be a relative, friend, attorney, or co-worker (as
long as there is not a conflict of interest, or the co-worker’s
performance and required workload isn’t jeopardized.) Regulations
provide for reimbursement of attorney’s fees, beginning with the
date on which the FORMAL complaint is filed but only in cases where the
complainant prevails and only after supporting documentation is approved
by DHHS. The Agency must receive written notification of the identity
of the representative.
What is sexual harassment?
Any unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature when (1) submission to
such conduct is made either explicitly or implicitly a term of condition
of an individual’s employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for employment decisions
affecting such individual or (3) such conduct has the purpose or effect
of unreasonably interfering with an individuals’ work performance
or creating an intimidating, hostile or offensive working environment.
Related Websites:
U.S. Equal Employment Opportunity Commission
Federal Sector Alternative Dispute Resolution
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