HomeMy WebLinkAbout1998 S HR&R - Equal Employment Opportunity Commission Worksharing Agreement between Orange Co and the for Fiscal Year 1999 -10-06-1998-8i~ _
_ RETURN THIS COPY TO THE CLERK'S
OFFICE FOR THE PERMANENT AGENDA FILE
WORKSHARING AGREEMENT ~~~
BETWEEN
ORANGE COUNTY
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR FISCAL YEAR 1999
T . IN'!'ROnUCTION
A. Orange County, through the Orange County Human Relations
Commission, hereinafter referred to as the FEPA, has
jurisdiction over allegations of employment disczitnination
filed against employers of fifteen or more employees occurring
within Orange County North Carolina based on race, color, se.x,
religion, national origin, age and disability, pursuant to the
Orange County Civil Rights Ordinance.
The Equal Employment Opportunity Commission, hereinafter
referred to as EEgG, 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. ~2o00(e})
(hereinafter referred to as Title VII). EEOC has jurisdiction
to investigate and determine charges of discrimination based
on age (40 or older} udder the Age Discrimination in
Employment Act (AREA) 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. X206}, 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. §lalol}.
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 county and Federal laws.
II. FILING OF CHARGES OF DISCRIMINATION
A. In order to facilitate the assertion of employment
rights, the EEOC and the FEFA 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 k'EPA for the pur~~ases of Section 706 (c) and (e} (1} of
Title VII. This delegation of ailthority 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, AI?E11, EPA, or the ADA where both the F'EPA and
EEOC have mutual jurisdir.tion or where EEOC only has
jurisdiction, so long as the allegaL•ions meet the minimum
requirements of those Acts, and for charges 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 ~f
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
EEOC and 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 INITIAL CHARGE-PROCESSING
RESPdNSISILITIES},
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 F'EPA} to draft charges. When a charge is taken
based on disability, the nature of the disability shall
na be disclosed on the face of the charge.
E. Within ten calendar days, each Agency agrees that it will
notify both the Charging Party and Respondent of the
dual-filed nature of each such charge it rer_Pives for
initial processing and explain the rights and
xesponsibilities of the parties under the applicable
Federal, State, or' Local statutes.
III. DIVISION OP INITIAL CFIARGE-PROCESSING RESPONSIBILITIES
In recognitic7ii of the statutory authority granted to the FEPA
by ser..tion 706(c) and 706{d1 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 wil_1 be divided ay follows:
A. EEOC and the FEPA will process all Tit1P VYI, ADA, and
AREA charges that they originally receive:
1• 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 far 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;
-- All Concurrent Title VII/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 changes filed by EEOC Commissioners;
-- Charges also covered by the Tmm~.gration 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 CP'R § 1640, 1641, and 1691.
--Any charge where EEOC is a paxty t~ 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 far filing a
charge with E~;OC or for cooperating with EEOC; and
-- AlI charges against Respondents which are
designated for initial.proczssing 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 FEPF, will
provide the EEOC with an on-going list of all
Con~z.liation 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 EP~OC policy Go dismiss the charge,
but FEpA can process that charge.
-- All charges against Respondents .which are
designated for initial processing by FEPA in a
supplementarymemorandum to this Agreement; and
-- All disabiLity~based charges against Respondents
over which EEOC does not have jurisdiction,
8. Notwithstanding any other provision of the Agreement, the
FEPA or the EEOC may request. to be granted the right to
initially process any charge. Such variations shall not
be inconsistent with the objectives of this Worksharing-
Agreement or the Contracting Prizlciples.
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 cant to
the other Agency's litigation unit within five working
days..
ZV. EXCFIANCR OE' 7:NFORMATION
A. Both the FEPA and Ff;QC shall make available foL-
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, conc:ili.ation 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 cazifidentiality
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, EP1~, and ADA.
B. In order to expedite the resolution of charges or
faciliCate the working of this Agreement, eit~~er Agency
may request or permit personnel of the other Agency to
accompany or to observe irs 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.
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 ta:
Z. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory, _
3. relief, if appropriate,
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/ar
payment, submissions must meet all the substantive and
ad~r~inistrative 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 T,,oral statutes.
VI. IMPL~;MENTATION OF THE WOFtKSHARINv AGREEMENT
A. Fach 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 Albert Kittrell, Acting Director. The
liaison official for thy: EECC will be Patricia B. Monroe,
State and Local Coordinator.
B. The agencies will monitor the allocation of charge-
prvicessing 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 far allegations. of unlawful employment
discrimination.
C. EEOC will provide original forms to be copied by the
'EPA, 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 Program Operations for resolution.
E. This Agreement shall operate from the first (lst) day of
October 1998 to the thirtieth (30th) day of September in
the year the contract ends and may be renewed or modified
by mutual consent of the parties.
x have read tha ~oragoiAg worksharixLq Agreemlent ar+d i accept and
agrsa ea the provisions contained therein.
,..-- .-
/~
Date ./~
q,~ p. y, 11ct3o~ nis icC Oirreee~r
oo~yya~~~~e :tt~ity ca..i~~iots
lo~1Diitrt Oltiu
DaC.e ~~~~'~
argare Brown, chairp+rsoa
orange Cy shard of Cdamisafonsss