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67 Cards in this Set
- Front
- Back
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In the formal Complaint stage, how many days are allotted between receiving the ROI and obtaining a hearing and AJ Decision?
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30 days
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How many days inbetween the Hearing/AJ request and the Hearing/AJ decision with or w/o Hearing?
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180 days
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How many days are allotted b/w the AJ decision and the Agency issuing Final Order?
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40 Days
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How many days b/w the AJ Final Order and the EEOC, OFO Appeal?
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30 days
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How long until after EEOC, OFO appeal until it goes to U.S. District Court?
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90 days
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If the complainant chooses the FAD after ROI how long until the FAD will make a decision?
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60 days
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After the FAD make a decision, how long is between that decision and an EEOC, OFO appeal?
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30 days
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When you actually, “hear” what the aggrieved is saying rather than sympathizing with what they are saying.
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Empathy
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Objectivity is
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Not allowing the opinions of others to influence you as the counselor
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A feeling one has about something from verbal and non-verbal communication is...
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Perceptiveness
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Resourcefulness is...
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Using creativity to find solutions to problems using creativity to find solutions to problems
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The capability to adapt to new, different, or changing requirements
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Flexibility
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Stability is...
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Once you take on the responsibility of being a counselor … see it through.
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Maturity is...
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Demonstrating rational judgment when assisting disputing parties
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The counselor does not tell the aggrieved when acting in this role
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Counselor to the Aggrieved
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Upholding EEO laws and regulations in your actions and words is...
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Honesty
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The counselor does not tell the management official what they should do to resolve the complaint; however, the counselor may offer some suggestions, but the ultimate decision rests with management...what role is the counselor in?
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Advisor to Management
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Acting as a bridge, impartially finding facts counseling the aggrieved and being an Advisor to management are...
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Specific roles of an EEO Counselor
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(a) interviewing the parties separately and sharing with each person what the other person said; (b) arranging for the two parties to meet and discuss the concern.
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Acting as a Bridge
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When the counselor gives each party an opportunity to tell their side of the story without siding with either person; they also must obtain all pertinent documentation surrounding the issue; the counselor compiles a report, if the pre-complaint is filed formal which outlines the facts they have gathered and up-channels it to the EEO Manager to demonstrate that they are
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An impartial Fact Finder
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In the role as a counselor to the aggrieved...
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the counselor is charged with informing the aggrieved of the EEO complaint process, explaining the rights and responsibilities of the aggrieved, what is meant by a basis and issue, etc. The counselor does not tell the aggrieved whether they “have a case.”
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An Ax grinder, a decision maker, a finder of discrimination and one who tells management or the aggrieved what to do are things that
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Counselors are not
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When a counselor finds themselves recognizing an experience that resembles something that they may have experienced they may become this
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An ax grinder
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When a counselor is offering "findings" of discrimination or offering recommendations they are doing what?
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Acting as a a Finder of discrimination
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What does the counselor lose when they tell management or the aggrieved what to do?
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All credibility
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Congress delegates these within the Federal government, such as the department Secretaries (the Army, Air Force, Navy) and to Directors of FBI, IRS, EPA, etc. the authority to appoint and to delegate certain actions within the scope of their respective organizations.
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Agency Heads
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Agency Heads actions include, but are not limited to what things when dealing with civil service employees?
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hiring, firing, rewarding, and punishing
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Merit System Principles are covered under what regulation?
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Personnel in 5 CFR (Code of Federal Regulations)
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Recruiting, selecting and advancing personnel based on merit
Treating applicants/employees fairly regardless of race, color, religion, sex, national origin, age, disability, marital status, political group affiliation and Equal pay for equal work/recognize for performance are all what? |
Merit System Principles
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Maintaining high standards of integrity and conduct, Managing employees efficiently and effectively and retaining/separating employees based on performance are all what?
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Merit System Principles
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Educating/training to benefit organization or individuals,
protecting employees from actions based on politics and protecting employees against reprisal for whistleblower activities are all what? |
Merit System Principles
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This is used to determine categories for jobs to ensure equal work for equal pay dependent on the level of difficulty, responsibilities, etc.
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Position Classification (GS)
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Position Classification also determines if a certain position falls under what?
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The Fair Labor Standards Act (FLSA)
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a) Nature and variety of work. Different skills and abilities may be needed for different positions and the levels of those positions.
c) Difficulty of the work. d) Authority and responsibility. Does the position require one to make final decisions or commitments for the organization? e) Supervisory controls and how much control is required f) Contacts – consider the importance and difficulty of personal contacts g) Guidance – the amount of help obtained from manuals or instructions h) Initiative and imagination – how much would be required. These are all what? |
Factors to consider when classifying positions
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What are the four factors not to consider when classifying positions?
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1. Employee accuracy – employees are expected to be accurate
2. Employee performance – performance is recognized through the award system 3. Volume of work – too much work, too much overtime (there may be a need for additional staff) 4. Length of service – recognized through the award system |
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What can employees only do what to their own current job?
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Appeal the classification
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a) Promotions – Permanent and Temporary
b) Reassignments c) Demotions d) Details – Competitive or Non-competitive Are all example of... |
Internal Selections
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What are examples of External Selections?
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a) Reinstatements
b) Other locations within the same agency c) Transfer to other agency d) OPM Registers – A list of eligibles for people who have applied to work for the government (USA Jobs is considered an OPM register) e) Designated Examining Authorities f) Alternate Certification a) degree within preceding 2 years |
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A system of filling positions based on merit where applicant distinctions are made from using OPM qualifications standards describes what?
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Merit Promotion Programs
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What are the four qualification standards that OPM use for applicant distinction?
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(1) Experience
(2) Education (example: an engineer requires a degree in engineering) (3) Physical requirements (examples: lifting, climbing stairs, etc.) (4) Training such as certification requirements for airplane repair, etc. |
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What are the four types of career programs offered by Civilian Personnel?
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a) Designated positions
b) Managed separately c) Developmental d) Mobility – many programs now require signing a mobility agreement if the employee enters a career program at the developmental stage |
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Verbal or physical conduct that isolates, denigrates, or shows hostility or aversion toward an individual based on that person's protected group is what?
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Harassment
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What are the 5 impacts of workplace harassment?
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Financial Costs
Decreased productivity Lowered Morale Increased employee turnover Loss of credibility - tarnishes credibility of all involved |
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What are prevention responsibilities for workplace Harassment?
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Clear zero tolerance policy
Establishment and reinforced effective grievance process Anti-Harassment training to managers and employees Taking immediate action upon complaints Striving to create an open environment where problems are addressed |
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A form of discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
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Sexual Harassment
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What are the three factors involved when determining conduct related to sexual harassment?
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1. Explicitly or implicitly a term or condition of a person's job, pay, or career
2. Submission to or rejection of such conduct used as basis for decisions affecting that person 3. Intimidating, hostile, or offensive working environment. |
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What are the two types of sexual harassment?
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Quid pro quo and Hostile Environment
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Why is framing a claim important?
D-L-E-D |
1. It will define the nature of the complaint
2. It limits the matters that will be addressed 3. It establishes what information will be gathered 4. It determines what relief may be granted |
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How is a claim framed?
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The matter has to be articulated by the aggrieved
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What are the 3 steps in framing the claim?
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1. The aggrieved should state why it happened
2. Aggrieved explains their matters impacting terms, conditions, benefits or privileges in clear manner 3. Claim should establish 5 w's and how the incident occurred. |
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What are the three entities responsible for framing the claim?
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1. The aggrieved
2. The EEO Counselor 3. The EEO Office |
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What is a straight forward claim?
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generally one basis, one issue
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Describe a Complex claim?
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may contain several different allegations and bases
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A gathering of historical inferences of discrimination that have occurred over a period of time culminating in a recent claim is what kind?
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Continuing violation
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What are the 4 problems with not identifying all claims in a complaint?
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1. substantial problems when all the claims are not identified.
2. processing the pre-complaint will have to virtually start the pre-complaint inquiry again 3. additional claims are added throughout the process, those additional items have to be compared to what may or may not be occurring with other employees 4. “Fragmentation” as defined by EEOC. |
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What are the five pitfalls of Framing Claims?
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Not identifying all claims of complainant
Not specifying a basis to a specific claim Not clearly stating a claim Citing reprisal as a claim or issue, yet not defining it Including background information in the claim |
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What are the 5 philosophical reasons for resolution?
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When freely agreed upon it is the best
Easier to comply w/terms of resolution More amicable return to working relationship Focus on mission instead of complaint It's not always possible |
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What is Management's interest in resolution?
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Settlements are considered no fault
Minimizing potential cost that grow w/time Get it over with Rapid discrimination discovery and correction Agency responsibility in No FEAR Act |
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1. Through an appointed mediator, the process begins with identified interests in the situation.
2. This strategy will avoid discussion about possible “findings”. 3. This approach may result in a resolution that is unrelated to the requested relief. 4. Parties must be free to explore all avenues of relief. 5. Offers and statements made by the parties should not be used against them (confidentiality) Are strategies regarding? |
The mediation approach
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1. Facilitate resolution.
2. They do not advocate specific terms of the agreement. 3. Avoid interjecting personal views. Are what? |
The EEO practitioner’s roles in resolution
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1. It may facilitate mutual understanding.
2. It allows a joint exploration of alternatives. 3. It expedites the resolution process since there is no delay to relay information between the parties 4. It may foster a more constructive working relationship. 5. It does risk confrontation. Are strategies for what? |
Strategies for holding joint meetings
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Strategies for holding separate meetings are:
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allows the participants to explore alternatives
Prevents conflicts, intimidation, etc. easier to schedule because of possible calendar conflicts may result in miscommunication/misunderstandings could be beneficial to bring parties together for an official “signing” ceremony |
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That to which the complainant is legally entitled, not simply the relief the complainant requests.
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Full Relief
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An offer of full relief must constitute a __________ that is, the complainant must be offered all the relief to which s/he would be entitled if s/he prevailed in their complaint.
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make - whole remedy
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What is the purpose of the counselor's report?
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1. Determine whether to accept or dismiss a complaint
2. Determine what efforts were made to resolve the complaint 3. Determine whom the counselor interviewed and what documentation was reviewed during inquiry 4. Used in the planning of the investigation |
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What are the principles of report writing?
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1. Provide Factual Information
2. Counselor’s report is simple 3. Chronological and factual. 4. Draws no conclusions and makes no judgments |
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A correct report will do what two things?
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A. Use correct terminology
B. Be dull in verbiage |
