EEO panel changes regs on complaints
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The Equal Employment Opportunity Commission has changed the procedures federal employees use when pursuing equal employment opportunity complaints. The changes include restrictions on the ability of federal agencies to overturn administrative law judge decisions as well as new rules guiding the use of alternative dispute resolution (ADR) and the dismissal of complaints (see Federal Register, Vol. 64, No. 132, July 12, 1999). “The commission has broken new ground in making the federal EEO complaint process more efficient, expedient and fair for federal employees and agencies alike,” EEOC chairwoman Ida Castro said. “In particular, we have improved and streamlined the process by eliminating unnecessary layers of review and addressing perceptions of unfairness in the system.” Before the issuance of the new regulations, an agency could reject or modify an administrative law judge’s decision. Although employees bringing charges could appeal further, this was an inefficient system to say the least. Because agencies are the defendants in EEO complaints, they clearly cannot be impartial in such matters and never should have been permitted to ignore the decision of a judge who has carefully and impartially reviewed all of the relevant facts. This long-overdue realization was behind the EEOC decision. An EEOC spokesman said the organization “strongly believes that allowing agencies to reject or modify an administrative judge’s findings of fact and conclusions of law and to substitute their own decision[s] leads to an unavoidable conflict of interest and creates a perception of unfairness in the federal EEO system.” Duh. Under the new regulations - effective Nov. 9, 1999 - administrative judges will issue decisions on all EEO complaints filed by employees. Agencies then must issue a statement accepting the judge’s decision or file an appeal with the EEOC. Under the new rules, federal workers who prevail in an EEO complaint will not be forced to endure a lengthy agency appeal before getting what they are entitled to. More : fcw.com |