Term
| Admendments to the US Constitution |
|
Definition
| 5th. 15 December 1791- No person shall be compelled to be a witness against themselves, be subject to double jeopardy for the same offense, nor be deprived of life, liberty, or property, without due process....Land owners |
|
|
Term
| Admendments to the US Constitution |
|
Definition
13th ...December 6, 1865- Abolished slavery.
14th July 9, 1868. -Citizenship to former slaves or people in servitude. |
|
|
Term
| Admendments to the US Constitution |
|
Definition
| 15th February 3,1870.-allowed citizens to vote without regard to race, color, or previous condition of servitude...WOMEN WERE NOT ALLOWED TO VOTE AT THIS TIME |
|
|
Term
| Admendments to the US Constitution |
|
Definition
| 19th. August 18, 1920.-Women were granted the right to vote |
|
|
Term
| Civil Rights Acts of 1866 & 1871 |
|
Definition
| Both acts are found in title 42 of the United States Code |
|
|
Term
|
Definition
| All persons born in the US could make and enforce contracts....purchase land, inherit, lease, sell and convey real and personal property ..AS ENJOYED BY WHITE CITIZENS. ...Passed as a counterattack against the "Black Codes" in the South due to the 13th Amendment. |
|
|
Term
|
Definition
| Act states that when one person causes another person to be denied of their rights guaranteed by the Constitution, federal law is liable to that person injured inan action of law, suit of equity or other proper proceeding for redress |
|
|
Term
|
Definition
9980- States there will be no discrimination inthe Federal government based on race
9981- Integrated the military in 1948 under President Truman |
|
|
Term
|
Definition
| 11478- In 1969 stated that equal opportunity in Federal employment for all persons...Allowed for complaint procedured under Federal Regulations...established upward Mobility programs |
|
|
Term
|
Definition
| Did not apply to employment of Federal government initially ... |
|
|
Term
|
Definition
Law changed 3 major areas of Federal Sector
Employees may sue up to 300 K
Jury trial once it reached court |
|
|
Term
|
Definition
| Disparate Impact (AKA Adverse Impact)....occurs effects of group of people in one of the protected classes |
|
|
Term
|
Definition
| Disparate Treatement---occurs whenever similarly situated individuals are treated differently due to a title VII |
|
|
Term
|
Definition
Other Theories
1. Failure to accommodate as outlined in the Rehab act of 1973
2. Failure to Religious Exercise and expression in the workplace
3. Harassment |
|
|
Term
|
Definition
|
|
Term
| McDonnell-Douglas vs. Green |
|
Definition
|
|
Term
| Qualities of an Effective EEO Counselor |
|
Definition
Empathy
Objectivity
Perceptiveness
Resourcefulness
Flexibility
Stability
Maturity
Honesty |
|
|
Term
| Roles and Responsibilities of EEO counselor in the pre-complaint process |
|
Definition
Act as a bridge
Impartial fact finder
Counselor to the Aggrieved
Advisor to Management |
|
|
Term
| Specific responsibilities of EEO counselor |
|
Definition
Advise aggrieved of thier rights
Advise aggrieved of process
ADR program
Determine the claim
Advise or avenues of redress
Conduct inquiry
Seek resolution at lowest level
Advise aggrieved of the right to file a formal complaint
prepare reports |
|
|
Term
|
Definition
Ax grinder
Decision Maker
Finder of discrimination
One who tells management or the aggrieved what to do |
|
|
Term
|
Definition
Congress---Agency Heads---Civilian Personnel Officers
CPO's are responsible for executing the authority through local managers and supervisors |
|
|
Term
|
Definition
Recruit, select, and advance personnel based on merit
Treat applicants fairly...
Equal pay for equal work/ recognize performance |
|
|
Term
| Prohibited Personnel Practices |
|
Definition
Discrimination
Solicit improper references
Political coercion
Obstruct the right to compete
Influnece withdrawal
Nepotism
Reprisal
Violation of Merit System |
|
|
Term
| Position Classification (GS) |
|
Definition
| is used to determine categories for jobs to ensure equal work for equal pay dependent on the level of difficulty |
|
|
Term
| Factors to consider when classify;ing positions |
|
Definition
Nature of work
Authority and Responsibility
Supervisory controls
Contacts
Guidance
Initiative and imagination |
|
|
Term
|
Definition
Employees can appeal the classification of their own current jobs
FWS will appeal ...local HRO ..then CPMS or OPM
GS empolyees may bypass the CPMS..OPM decision are final |
|
|
Term
| Purpose of the EEO Complaint Process |
|
Definition
| provide an administrative process for accepting, investigating, resolving, and if nesessary adjudicating complaints of discrimination involving federal employees or applicants for employment |
|
|
Term
| Elements of Pre-Complaint Stage |
|
Definition
Occurance
Counselor Contact must be within 45 day
Counselor conducts inquiry 30 calendar days..explains process..ADR offered if ADR is selected must be completed in 90 days
Notice of final interview..15 calendar days to file a formal complaint |
|
|
Term
| Elements of Pre-Complaint Stage cont... |
|
Definition
if no resolution through ADR..final interview ..15 days to file formal
EEO counselor report completed...must be submitted within 15 calendar days once formal complaint is filed |
|
|
Term
| Elements of FORMAL Complaint Stage |
|
Definition
Agency acknowledges receipt
Complaint accepted or dismissed
Agency requests investigation
Complainant notified and investigated
Reports |
|
|
Term
| Importance of framing a claim |
|
Definition
Define the nature of complaint
limits the matters to be addressed
establishes what info to be gathered
determines what relief may be granted |
|
|
Term
|
Definition
Needs to have
Who, What, When, Where, ...and How |
|
|
Term
| Individuals responsible for framing the claim |
|
Definition
The aggrieved...must be able to articulate their matter
EEO Counselor ...only there to assist
EEO Office...clarification especially when the pre-complaint reaches the formal stage |
|
|
Term
| Philosophical Reasons for resolution |
|
Definition
Resolution is the best outcome
Easier to comply
More amicable to return working relationship
Focus on mission accomplishment
Not always possible |
|
|
Term
| Managements interest in resolution |
|
Definition
| minimize to potential costs, grow with time |
|
|
Term
|
Definition
Fact Driven
Mediation Approach
Strategy for holding separate meetings
Joint mee |
|
|
Term
|
Definition
| An offer of full relief must constitute a make-whole remedy... |
|
|
