An EEO complaint involves allegations of workplace discrimination and harassment based on a protected category. EEO complaints also involve allegations of retaliation for engaging in certain types of activity, such as filing a harassment or discrimination complaint or being a witness.
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Under federal and state law, the protected categories are:
• Race, color
• Ancestry, national origin
• Religion, creed
• Age (over 40)
• Disability, mental and physical
• Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
• Sexual orientation
• Gender identity, gender expression
• Medical condition
• Genetic information
• Marital status
• Military and veteran status
• Political Affiliation
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Both discrimination and harassment must be based on one of the protected categories.
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Discrimination involves a personnel decision (e.g., hiring, promoting, or terminating an employee). Therefore, the perpetrator is one with authority to make a personnel decision, such as a supervisor or manager.
Harassment is unwanted, offensive conduct that makes it more difficult to do one's job. A coworker, supervisor, or non-employee could be perpetrators of harassment.
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A “zero tolerance” EEO policy aims to eliminate any undesirable behavior. Therefore, one instance of inappropriate conduct based on a protected category is a violation of the EEO policy.
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You may report the conduct to any supervisor or manager OR to Human Resources.
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The EEO Office will determine if it has jurisdiction to investigate. If so, it will interview witnesses, review documents, and make a conclusion if there is a violation of the City’s EEO policy. If there is a violation of the EEO policy, corrective action will be taken against the perpetrating employee.
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No. The City will consider any report (oral or written) of harassment, discrimination, or retaliation to be deserving of investigation
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Yes. The Complainant will be notified of the results--specifically, whether there was a
violation of the City's EEO policy.
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No. The Complainant will not be privy to the discipline imposed because of confidentiality issues.
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The City cannot promise complete confidentiality. However, EEO complaints are processed as confidentially as possible to conduct a full investigation and to carry out due process.
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Yes. Such complaints may also be filed with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). Contact these agencies for filing requirements and deadlines.
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No. Honoring such requests could place other employees at risk of harassment or discrimination as well as place the City at risk for failing to take prompt action.
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The City is required to provide a work environment free of harassment; thus, it must take any action within its authority to stop the harassing behavior despite the person’s nonemployee status.
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• Know the EEO policy.
• Be professional.
• Report potential issues to Human Resources or any supervisor/manager in a timely fashion.
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Please contact Don Demavivas or Susan Edmonson at the EEO Office at (916) 808- 5825 to discuss the concern.
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