Loading...
HomeMy WebLinkAboutAgenda - 09-07-1999 - 8g ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 7, 1999 Action Agenda Item No. SUBJECT: Worksharing Agreement between the Orange County Human Relations Commission and the Equal Employment Opportunity Commission for Fiscal year 2000 DEPARTMENT: Human Rights and Relations PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Worksharing Agreement FFY 2000 (under separate cover) INFORMATION CONTACT: Annette M. Moore TELEPHONE NUMBERS: ext: 2250 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approval of a Worksharing Agreement between Orange County and the Equal Employment Opportunity Commission (EEOC) for services performed during the FFY 2000. BACKGROUND: On October 6, 1996, the Board of County Commissioners approved a Worksharing Agreement between Orange County and the EEOC. The EEOC subsequently proposed a modification of the contract that extended the original Contract between the parties, for the period of October 1, 1998 through September 30, 1999. The EEOC proposes a new Worksharing Agreement with Orange County to cover the period from the ls` day of October 1999 to the 30th day of September 2000, which maybe renewed or modified by the mutual consent of the parties. FINANCIAL IMPACT: The EEOC reimburses the Human Relation Commission in the amount of $500 per closed case and $50 per intake. The Human Relations Commission has requested that EEOC increase the contract amount of cases from 51 to 60 cases and 20 intakes, for a total of $31,000. If both parties agree to the number of cases requested, this will result in an increase in the FFY 2000 contract of $4,500. RECOMMENDATION (S): The Manager recommends that the Board approve the Worksharing Agreement and authorize the Chair to sign the agreement. ~ .~ 2 WORKSHARING AGREEMENT BETWEEN ORANGE COUNTY HUMAN RELATIONS COMMISSION and EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR FISCAL YEAR 2000 I. INTRODUCTION A. The Orange County Human Relations Commission, hereinafter referred to as the FEPA, has jurisdiction over allegations of employment discrimination filed against employers of 15 or more employees occurring within Orange County, North Carolina based on race, color, sex, religion, national origin, age and disability, pursuant to the Orange County Civil Rights Ordinance. The Equal Employment Opportunity Commission, hereinafter referred to as EEOC, has jurisdiction over allegations of employment discrimination occurring throughout the United States where such charges are based on race, color, religion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C- 5 2000(e)) (hereinafter referred to as Title VII). EEOC has jurisdiction to investigate and determine charges of discrimination based on age (40 or older) under the Age Discrimination in Employment Act (ADEA) of 1967, as amended (29 U.S.C.§ 621 et. seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.S 206), and over allegations of employment discrimination based on disability pursuant to Title I ofthe Americans with Disabilities Act of 1991, (42 U.S.C. § 12101). B. In recognition of, and to the extent of the common jurisdiction and goals of the two (2) Agencies, and in consideration of the mutual promises and covenants contained herein, the FEPA and the EEOC hereby agree to the terms of this Worksharing Agreement, which is designed to provide individuals with an efficient procedure for obtaining redress for their grievances under appropriate Orange County, North Carolina and Federal laws. II. FILING OF CHARGES OF DISCRIMINATION A. In order to facilitate the assertion of employment rights, the EEOC and the FEPA each designate the other as its agent for the purpose of receiving and drafting charges, including those that are not jurisdictional with the agency that initially receives the charges. EEOC's receipt of charges on the FEPA's behalf will automatically initiate the proceedings of both EEOC and the FEPA for the purposes of Section 706(c) and (e) (1) of Title VII. This delegation of authority to receive charges does not include the right of one Agency to determine the jurisdiction of the other Agency over a charge. Charges can be transferred from one agency to another in accordance with the terms of this agreement or by other mutual agreement. B. The FEPA shall take all charges alleging a violation of Title VII, ADEA, EPA, or the ADA where both the FEPA and EEOC have mutual jurisdiction, or where EEOC only has 3 jurisdiction, so long as the allegations meet the minimum requirements of those Acts, and for chazges specified in Section III.A.1. below, refer them to the EEOC for initial processing. C. Each Agency will inform individuals of their rights to file charges directly with the other Agency and or assist any person alleging employment discrimination to draft a charge in a manner which will satisfy the requirements of both agencies to the extent of their common jurisdiction. Normally, once an agency begins an investigation, it resolves the charge. Charges may be transferred between the EEOC and the Orange County Human Relations Commission within the framework of a mutually agreeable system. Each agency will advise Charging Parties that charges will be resolved by the agency taking the charge except when the agency. taking the charge lacks jurisdiction or when the charge is to be transferred in accordance with Section III (DIVISION OF INITIALCHARGE-PROCESSING RESPONSIBILITIES). D. For charges that are to be dual-filed, each Agency will use EEOC Charge Form 5 (or alternatively, an employment discrimination charge form which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft charges. When a charge is taken based on disability, the nature of the disability shall not be disclosed on the face of the charge. (If applicable state statute or local ordinance requires such disclosures, this sentence may be deleted.) E. Within ten calendar days of receipt, each Agency agrees that it will notify both the Charging Party and Respondent of the dual-filed nature of each such charge it receives for initial processing and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. ` III. DIVISION OF INITIAL CHARGE-PROCESSING RESPONSIBILITIES In recognition of the statutory authority granted to the FEPA by Section 706(c) and 706(d) of Title VII as amended; and by Title I of the Americans with Disabilities Act, and the transmittal of chazges of age discrimination pursuant to the Age Discrimination in Employment Act of 1967, the primary responsibility for resolving charges between the FEPA and the EEOC will be divided as follows: A. EEOC and the FEPA will process all Title VII, ADA, and ADEA chazges that they originally receive. For charges originally received by the EEOC and/or to be initially processed by the EEOC, the FEPA waives its right of exclusive jurisdiction to initially process such charges for a period of 60 days for the purpose of allowing the EEOC to proceed immediately with the processing of such charges before the 61st day. In addition, the EEOC will initially process the following charges: -- All Title VII, ADA, and concurrent Title VII/ADA charges jurisdictional with the FEPA and received by the FEPA 240 days or more after the date of violation; s 1 4 - -All disability-based charges which may not be resolved by the FEPA in a manner consistent with the ADA. x -- All concurrent Title VIl/EPA charges; -- All charges against the FEPA or its parent organization where such parent organization exercises direct or indirect control over the charge decision making process; -- All charges filed by EEOC Commissioners; -- Charges also covered by, the Immigration Reform and Control Act; -- Complaints referred to EEOC by the Department of Justice, Office of Federal Contract Compliance Programs, or Federal fund-granting agencies under 29 CFR § 1640, 1641, and 1691. -- Any charge where EEOC is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to '~ the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- "Any charge alleging retaliation for filing a charge with EEOC or for cooperating with EEOC; and -- All charges against Respondents which are designated for initial processing by the EEOC in a supplementary memorandum to this Agreement. 2. The FEPA will initially process the following types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; -- Any charge where the FEPA is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The FEPA will provide the EEOC with an on- going list of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- All charges which allege more than one basis of discrimination where at least one basis is not covered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- All charges against Respondents which are designated for initial processing by FEPA in a supplementary memorandum to this Agreement; and - m 5 -- All disability-based charges against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may request to be granted the right to initially process any charge subject to agreement of the other agency. Such variations shall not be inconsistent with the objectives of this Worksharing Agreement or the Contracting Principles. C. Each Agency will on a quarterly basis notify the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by one Agency against a Respondent on the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litigation unit within five working days. IV. EXCHANGE OF INFORMATION A. Both the FEPA and EEOC shall make available for inspection and copying to appropriate officials from the other Agency any information which may assist each Agency in carrying out its responsibilities. Such information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing information, case management printouts, charge processing documentation, and any other material and data as may be related to the processing of dual-filed charges or administration of the contract. The Agency accepting information agrees to comply with any confidentiality requirements imposed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agrees to observe the confidentiality provisions of Title VII, ADEA, and ADA. In order to expedite the resolution of charges or facilitate the working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany or to observe its personnel when processing a charge. V. RESOLUTION OF CHARGES A. Both agencies will adhere to the procedures set out in EEOC's Order 916, Substantial Weight Review Manual, and the State and Local Handbook as revised. B. For the purpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copies of all documents pertinent to conducting a substantial weight review; the evaluation will be designed to determine whether the following items have been addressed in a manner sufficient to satisfy EEOC requirements; including, but not limited to: jurisdictional requirements, investigation and resolution of all relevant issues alleging personal harm with appropriate documentation and using proper theory, relief, if appropriate, <- iv ~> t 4. mechanisms for monitoring and enforcing compliance with all terms of conciliation agreements, orders after public hearing or consent orders to which the FEPA is a party. C. In order to be eligible for contract credit and/or payment, submissions must meet all the substantive and administrative requirements as stipulated in the Contracting Principles. D. For the purposes of determining eligibility for contract payment, a final action is defined as the point after which the charging party has no administrative recourse, appeal, or other avenue of redress available under applicable State and Local statutes- VI. IMPLEMENTATION OF THE WORKSHARING AGREEMENT A. Each agency will designate a person as liaison official for the other agency to contact concerning the day-to-day implementation for the Agreement. The liaison for the FEPA will be Annette M. Moore, Director. The liaison official for the EEOC will be Patricia B. Monroe, State and Local Coordinator. . B. The agencies will monitor the allocation ofcharge-processing responsibilities as set forth in the Agreement. Where it appears that the overall projection appears inappropriate, the appropriate portions of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual to be used by the FEPAs in correspondence with Charging Parties and Respondents. D. If a dispute regarding the implementation or application of this agreement cannot be resolved by the FEPA and District Office Director, the issues will be reduced to writing by both parties and forwarded to the Director of the Office of Field Programs for resolution. E. This Agreement shall operate from the first (1st) day of October 1999 to the thirtieth (30th) day of September 2000 and may be renewed or modified by mutual consent of the parties. I have read the foregoing Worksharing Agreement and I accept and agree to the provisions contained therein. Date District Director Equal Employment Opportunity Commission Charlotte District Office Date Alice M. Gordon, Chair Orange County Board of County Commissioners Orange County Human Relations Commission 6 C~ ~ * ~ , D ~-----~.-.-. ~.1 ~SEP ; t;~ a ~ Aran ~ Cou Com~'trners S F. Q. Box 8181 ,; tiR,fi,NGE CUUP~TY ~~ i`' ,gip©S ~~meran Street HC~~AIV RitwlS & Et~L~'' , . S~IIs',bt~ruugh, NC 2'278 X~.~w.rl~ ~l„r+wi; tsar s~w,~t:, F3asc~i- J~w-Cnrq;h. R~rwL fir' .11iaeJiL Gir~w TVi f' f FRC~I: Beverly A. ~, Bl e ~ r:F. RE s ~ ITEM ~ / N HATE Thus ~.tem was approved by the County Cc~i.asioners , : Fl~a~te provide the followings 1. Three copies of :...the docwanent or ugly copies that ~ wil-l jar©tr'~a~ 8~e Wi'th an 4rit,~Zia'1 for l~ Perm8T:8rtt Aq#a Pile. Plerase obtain all _ne+csssary signatures exc+a~t foz the Chair of the County Coma~issiane~rs. 2 . Instzuctzans on the di`spositan ©f the docu~n~ts . Please provide addressed e3nvelopes, if nec+~ssa~ry. "You may use the bottom. portion of this: to provide th~.s infozmatian. The Contract Prcdedure is' an the: back side of tha.s. ado: ~f u have any questioner please q~;ve me a calla Thank. you. Y`~~-~ , ~' ~+~k~ . fit.. ~c~,NC. -N'nc. CZ,u.', ~. ~,~ c~..l.1 ~cr~u.L., . ~ z~~•~.. rnv~--- ~r~csscd_ cr-v~ o~ . 1~~,,~, w h ~/sb~~ ~ Yore Caurrt In Orange County. AREA Cl1DE (919j T32-8181: 968-J.S~Il : b8&-7331:. 227.2D3 : 1~.~lr1C (9' 9) 6~~3411d F.x~ 2139 _ RETURN THIS COPY TO THE CLERK'S OFFICE FOR THE PERMANENT AGENDA FILE. WORKSHARING AGREEMENT BETWEEN ORANGE COUNTY HUMAN RELATIONS COMMISSION and EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR FISCAL YEAR 2000 I. INTRODUCTION A. The Orange County Human Relations Commission, hereinafter referred to as the FEPA, has jurisdiction over allegations of employment discrimination filed against employers of 15 or more employees occurring within Orange County, North Cazolina based on race, color, sex, religion, national origin, age and disability- pursuant to the Orange County Civil Rights Ordinance. The Equal Employment Opportunity Commission, hereinafter referred to as EEOC, has jurisdiction over allegations of employment discrimination occurring throughout the United States where such chazges are based on race, color, religion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C- 5 2000(e)) (hereinafter referred to as Title VII). EEOC has jurisdiction to investigate and determine charges of discrimination based on age (40 or older) under the Age Discrimination in Employment Act (ADEA) of 1967, as amended (29 U.S.C.§ 621 et. seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.S 206), and over allegations of employment discrimination based on disability pursuant to Title I of the Americans with Disabilities Act of 1991, (42 U.S.C. § 12101). B. In recognition of, and to the extent of the common jurisdiction and goals of the two (2) Agencies, and in consideration of the mutual promises and covenants contained herein, the FEPA and the EEOC hereby agree to the terms of this Worksharing Agreement, which is designed to provide individuals with an efficient procedure for obtaining redress for their grievances under appropriate Orange County, North Carolina and Federal laws. II. FILING OF CHARGES OF DISCRIMINATION A. In order to facilitate the assertion of employment rights, the EEOC and the FEPA each designate the other as its agent for the purpose of receiving and drafting charges, including those that aze not jurisdictional with the agency that initially receives the charges. EEOC's receipt of chazges on the FEPA's behalf will automatically initiate the proceedings of both EEOC and the FEPA for the purposes of Section 706(c) and (e) (1) of Title VII. This delegation of authority to receive charges does not include the right of one Agency to determine the jurisdiction of the other Agency over a chazge. Charges can be transferred from one agency to another in accordance with the terms of this agreement or by other mutual agreement. B. The FEPA shall take all charges alleging a violation of Title VII, ADEA, EPA, or the ADA where both the FEPA and EEOC have mutual jurisdiction, or where EEOC only has jurisdiction, so long as the allegations meet the minimum requirements of those Acts, and for chazges specified in Section III.A.1. below, refer them to the EEOC for initial processing. C. Each Agency will inform individuals of their rights to file charges directly with the other Agency and or assist any person alleging employment discrimination to draft a chazge in a manner which will satisfy the requirements of both agencies to the extent of their common jurisdiction. Normally, once an agency begins an investigation, it resolves the charge. Charges may be transferred between the EEOC and the Orange County Human Relations Commission within the framework of a mutually agreeable system. Each agency will advise Charging Parties that charges will be resolved by the agency taking the charge except when the agency taking the chazge lacks jurisdiction or when the charge is to be transferred in accordance with Section III (DIVISION OF INITIALCHARGE-PROCESSING RESPONSIBILITIES). D. For chazges that are to be dual-filed, each Agency will use EEOC Chazge Form 5 (or alternatively, an employment discrimination charge form which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft chazges. When a charge is taken based on disability, the nature of the disability shall not be disclosed on the face of the charge. (If applicable state statute or local ordinance requires such disclosures, this sentence may be deleted.) E. Within ten calendar days of receipt, each Agency agrees that it will notify both the Charging Party and Respondent of the dual-filed nature of each such charge it receives for initial processing and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. III. DIVISION OF INITIAL CHARGE-PROCESSING RESPONSIBILITIES In recognition of the statutory authority granted to the FEPA by Section 706(c) and 706(d) of Title VII as amended; and by Title I of the Americans with Disabilities Act, and the transmittal of charges of age discrimination pursuant to the Age Discrimination in Employment Act of 1967, the primary responsibility for resolving charges between the FEPA and the EEOC will be divided as follows: A. EEOC and the FEPA will process all Title VII, ADA, and ADEA charges that they originally receive. For charges originally received by the EEOC and/or to be initially processed by the EEOC, the FEPA waives its right of exclusive jurisdiction to initially process such charges for a period of 60 days for the purpose of allowing the EEOC to proceed immediately with the processing of such charges before the 61st day. In addition, the EEOC will initially process the following chazges: -- All Title VII, ADA, and concurrent Title VIUADA chazges jurisdictional with the FEPA and received by the FEPA 240 days or more after the date of violation; ii - -All disability-based charges which may not be resolved by the FEPA in a manner consistent with the ADA. -- All concurrent Title VIUEPA chazges; -- All charges against the FEPA or its pazent organization where such pazent organization exercises direct or indirect control over the chazge decision making process; -- All chazges filed by EEOC Commissioners; -- Charges also covered by, the Immigration Reform and Control Act; -- Complaints referred to EEOC by the Depaztment of Justice, Office of Federal Contract Compliance Programs, or Federal fund-granting agencies under 29 CFR § 1640, 1641, and 1691. -- Any charge where EEOC is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the chazge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- Any chazge alleging retaliation for filing a charge with EEOC or for cooperating with EEOC; and -- All charges against Respondents which aze designated for initial processing by the EEOC in a supplementary memorandum to this Agreement. 2. The FEPA will initially process the following types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; -- Any charge where the FEPA is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the chazge. The FEPA will provide the EEOC with an on- going list of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent chazges; -- All chazges which allege more than one basis of discrimination where at least one basis is not covered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the chazge, but FEPA can process that charge. -- All charges against Respondents which aze designated for initial processing by FEPA in a supplementary memorandum to this Agreement; and iu -- All disability-based chazges against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may request to be granted the right to initially process any charge subject to agreement of the other agency. Such variations shall not be inconsistent with the objectives of this Workshazing Agreement or the Contracting Principles. C. Each Agency will on a quarterly basis notify the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by one Agency against a Respondent on the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litigation unit within five working days. IV. EXCHANGE OF INFORMATION A. Both the FEPA and EEOC shall make available for inspection and copying to appropriate officials from the other Agency any information which may assist each Agency in carrying out its responsibilities. Such information shall include, but not necessazily be limited to, investigative files, conciliation agreements, staffing information, case management printouts, charge processing documentation, and any other material and data as may be related to the processing of dual-filed chazges or administration of the contract. The Agency accepting information agrees to comply with any confidentiality requirements imposed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agrees to observe the confidentiality provisions of Title VII, ADEA, and ADA. In order to expedite the resolution of charges or facilitate the working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany or to observe its personnel when processing a charge. V. RESOLUTION OF CHARGES A. Both agencies will adhere to the procedures set out in EEOC's Order 916, Substantial Weight Review Manual, and the State and Local Handbook as revised. B. For the purpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copies of all documents pertinent to conducting a substantial weight review; the evaluation will be designed to determine whether the following items have been addressed in a manner sufficient to satisfy EEOC requirements; including, but not limited to: jurisdictional requirements, 2. investigation and resolution of all relevant issues alleging personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, iv mechanisms for monitoring and enforcing compliance with all terms of conciliation agreements, orders after public hearing or consent orders to which the FEPA is a pazty. C. In order to be eligible for contract credit and/or payment, submissions must meet all the substantive and administrative requirements as stipulated in the Contracting Principles. D. For the purposes of determining eligibility for contract payment, a final action is defined as the point after which the charging party has no administrative recourse, appeal, or other avenue of redress available under applicable State and Local statutes- VI. IMPLEMENTATION OF THE WORKSHARING AGREEMENT A. Each agency will designate a person as liaison official for the other agency to contact concerning the day-to-day implementation for the Agreement. The liaison for the FEPA will be Annette M. Moore, Director. The liaison official for the EEOC will be Patricia B. Monroe, State and Local Coordinator. B. The agencies will monitor the allocation of chazge-processing responsibilities as set forth in the Agreement. Where it appeazs that the overall projection appeazs inappropriate, the appropriate portions of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual to be used by the FEPAs in correspondence with Chazging Parties and Respondents. D. If a dispute regarding the implementation or application of this agreement cannot be resolved by the FEPA and District Office Director, the issues will be reduced to writing by both parties and forwazded to the Director of the Office of Field Programs for resolution. E. This Agreement shall operate from the first (1st) day of October 1999 to the thirtieth (30th) day of September 2000 and may be renewed or modified by mutual consent of the parties. I have read the foregoing Worksharing Agreement and I accept and agree to the provisions contained therein. n ~''~. ~ ~'' Date ~v ' /~~ /(/ J ire~for Equal Employment Opportunity Commission District Office Date ~ _A~l rT' ~ ~L ~ 9 l^~ ~ ~(.r+-r~~ Alice M. Gordon, Chair Orange County Board of County Commissioners Orange County Human Relations Commission