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HomeMy WebLinkAboutAgenda - 02-12-1996 - X-D a t 1 ORANGE COUNTY BOARD OF COUNTY COMbIISSIONERS Action Agenda Item No. X- ACTION AGENDA ITEM ABSTRACT Meeting Date: February 5, 1996 SUBJECT: WORKSHARING AGREEMENT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION(EEOC) DEPARTMENT: Human Rights and Relations PUBLIC HEARING: —Yes XX No BUDGET AMENDMENT NEEDED —Yes XX No ATTACHMENT(S): INFORMATION CONTACT: • Worksharing Agreement Lucy Lewis, ext. 2251 TELEPHONE NUMBERS: Hillsborough -732-8181 Chapel Oil - 967-9251 Durham - 688-7331 Mebane -227-2031 PURPOSE: To approve a Worksharing Agreement between Orange County and the Equal Employment Opportunity Commission(EEOC). BACKGROUND: On June 6, 1994, the Board of Commissioners passed the Orange County Civil Rights Ordinance, which seeks to address discrimination in the areas of employment, housing, public accommodations and bias-related incidents. Subsequently, the Department for Human Rights and Relations has pursued designation of Orange County as a Fair Employment Practices Agency(FEPA) with the EEOC. Such designation would provide a mutually agreed- upon process for handling employment discrimination complaints that are currently within the jurisdiction of both Orange County and the EEOC. As a FEPA, Orange County would receive $50,000 this year and$50,000 next year for capacity-building purposes. Orange County would subsequently receive $450 for each closed employment discrimination case, as long as it continues to meet substantial equivalency standards. Staff of the Department for Human Rights and Relations would also receive regular EEOC training. All sections of the Worksharing Agreement are consistent with the Civil Right Ordinance and the Policies and Procedures for its administration. However, Section III A 1 requires EEOC to process all charges where Orange County may be the respondent. Prior to implementation of the employment provisions of the Ordinance, EEOC handled these types of discrimination complaints. In an effort to prevent any perception of cornffict of interest, and to keep the enforcement process s r 2 as close to the local level as possible, Orange County had sought and received enabling legislation permitting the Human Relations Commission to defer such cases to the State Office of Administrative Hearings(OAH). EEOC, however, insists on being this"deferral" agency for these cases. Allowing EEOC to handle these cases would still prevent any perception of conflict of interest, and would simply maintain the former method of handling them. Employee claims against the Health Department and the Department of Social Services will continue to be handled under the worksharing agreement between the State of North Carolina and the EEOC. Left out of the Workshaiing Agreement with EEOC are the protected classes of familial status and veteran status. It is expected that few, if any, of these complaints will arise in cases where Orange County is the potential respondent. However, it is believed that these complaints could be handled by the State Office of Administrative Hearings. Staff will work on a Workshating Agreement with OAH and bring it to the Board when drafted. RECOMMENDATION(S): The Manager recommends that the Board approve the Worksharing Agreement and authorize the Chair to sign. 3 WORRSHARING AGREEMENT BETWEEN ORANGE COUNTY and the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR FISCAL YEAR 1996 SUBJECT TO DESIGNATION AS A F'EPA AGENCY AND AVAILABILITY OF FUNDS I. INTRODUCTION A. Orange County, through the Orange County Human Relations Commission, hereinafter referred to as the r FsPA, has jurisdiction over allegations of employment discrimination ,filed against employers of fifteen 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. 52000(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. 5621 et.seq. ) , for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C. 5206) , and over allegations of employment discrimination based on disability pursuant to Title I of the Americans with Disabilities Act of 19911 (42 U.S.C. 512101) . H. 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 or Federal laws. t, 4 t II . FILING OF CHARGES OF DISCRIMINATION A. In order to facilitate the filing of charges of employment discrimination, the EEOC and the FEPA each designate the other as its agent for the purpose of receiving and drafting charges . 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 only by mutual agreement. B. The FEPA shall take all charges alleging a violation of Title VII, ADEA, EPA, or the ADA where the parties have mutual jurisdiction and, as appropriate, refer them to the EEOC for dual filing, so long as the allegations meet the minimum requirements of those Acts. C. Each Agency will inform individuals of their rights to file charges 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 EEOC and OCHRC 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. 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 receives for initial processing and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. 5 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 dual-filed 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 61st day. In addition, the EEOC will initially process the following charges: -- All Title VII charges received by the FEPA 180 days or more after the date of violation; -- 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 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, or Federal fund-granting agencies under 29 CFR S 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; 6 -- 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 -- 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. 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. i 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 Lucy, Lewis, Director. The liaison official for the EEOC will be Patricia H. 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 Program Operations for resolution. E. This Agreement shall operate from the first (1st) day of October 1995 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 . I have read the foregoing Worksharing Agreement and I accept and agree to the provisions contained therein. Date Marsha J. Drane, District Director Equal Employment Opportunity Commission Charlotte District Office Date Moses Carey, Chairperson Orange County Board of Commissioners 7 . 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, EPA, and ADA. B. 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. 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: 1. 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/or payment, submissions must meet all the substantive and administrative requirements as stipulated in the Contracting Principles .