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 are required to notify Human Resources in writing of the circumstances by the next day.
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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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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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No. EEO allegations are confidential to the extent possible. Thus, you are not to disclose any information unless there is a business need to do so.
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No. 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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No. The City will consider any report (oral or written) of harassment, discrimination, or retaliation to be deserving of investigation.
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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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Yes. You must report it despite the alleged harasser’s non-employee status.
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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 non-employee status. |
Employees may report their concerns to any supervisor or manager or they may report them directly to Human Resources.
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• Be a good role model.
• Know the EEO policy.
• Expect professionalism.
• Report potential issues to Human Resources in a timely fashion.
• Assure employees will not be punished for sharing their concerns.
• Manage fairly and consistently.
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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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