HomeMy WebLinkAbout1999 S Work-sharing Agreement between Orange County Human Relations Commission and Equal Employment Opportunity Commission for Fiscal Year 2000 M
_ RETURN THIS COPY TO THE CLERK'S OFFICE
FOR THE PERMANENT AGENDA FILE
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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 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 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
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jurisdiction,so long as the allegations 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 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 INITIAL CHARGE-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
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.
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 for a period of 60 days for the purpose of allowing the EEOC to
proceed immediately with the processing of such charges before the 61 st day.
In addition, the EEOC will initially process the following charges:
-- All Title VII,ADA,and concurrent Title VIUADA charges jurisdictional
with the FEPA and received by the FEPA 240 days or more after the date of
violation;
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-All disability-based charges which may not be resolved by the FEPA in a
manner consistent with the ADA.
-- All concurrent Title VIVEPA 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
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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-
V1. 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 charge-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
U istric Dir or Eq uai Employment O p
ortunity Commssion
h e
District Office
Date (�F Cl.R 9
Alice M.Gordon,Chair
Orange County Board of County Commissioners
Orange County Human Relations Commission
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