WEBVTT 00:00:00.000 --> 00:00:07.700 THIS IS OUR BROWN BAG ON THE NEW REGULATIONS 00:00:07.740 --> 00:00:11.420 THAT WERE PASSED IN JULY. AS YOU KNOW, THERE WERE SOME 00:00:11.460 --> 00:00:15.880 CHANGES TO 1614 THAT WILL GO IN EFFECT AT THE END OF 00:00:15.920 --> 00:00:20.290 SEPTEMBER, AND TODAY WE ARE GOING TO OUTLINE WHAT THOSE 00:00:20.330 --> 00:00:23.120 CHANGES ARE, WHAT THEY MEAN, AND GIVE YOU A CHANCE TO DO A 00:00:23.160 --> 00:00:25.880 Q AND A SO YOU CAN GET SOME OF YOUR QUESTIONS ANSWERED. 00:00:25.910 --> 00:00:28.610 WE HAD A HANDOUT THAT WAS PASSED AROUND. IT WAS 00:00:28.640 --> 00:00:32.370 A BASIC DOCUMENT WITH THE Q AND A ON OUR WEB SITE. IF YOU 00:00:32.450 --> 00:00:35.790 DIDN'T GET A COPY, JUST SHOW ME YOUR HAND IF YOU DON'T 00:00:37.230 --> 00:00:38.410 HAVE A COPY OF THE HANDOUT. 00:00:40.680 --> 00:00:47.150 OKAY. I AM DEXTER BROOKS. I AM HERE TODAY TO 00:00:47.180 --> 00:00:51.190 INTRODUCED YOU TO OUR DISTINGUISHED SPEAKER. HE IS A 00:00:51.230 --> 00:00:55.590 PANEL OF ONE. HIS NAME IS GARY HOZEMPA, A SENIOR ATTORNEY 00:00:55.630 --> 00:01:00.680 AT EEOC LEGAL COUNSEL. WE ARE AN OFFICE OF LEGAL COUNSEL, 00:01:00.720 --> 00:01:03.710 AN OFFICE OF GENERAL COUNSEL. EVERY OFFICE STAFFS THEIR 00:01:03.750 --> 00:01:11.290 STAFF WITH ATTORNEYS AS WELL, BUT GARY WORKS IN OUR POLICY 00:01:11.330 --> 00:01:15.050 AND GUIDANCE OFFICE. HE DEALS WITH A LOT OF REGULATIONS. 00:01:15.080 --> 00:01:17.650 I WAS JOKING WITH GARY EARLIER TODAY. GARY WAS 00:01:17.690 --> 00:01:24.680 ONE OF THE FOLKS WHO WORKED ON THE CHANGE, THE 99 00:01:24.710 --> 00:01:28.280 REGULATION CHANGE. GARY WORKED ON THE REGULATIONS, HE 00:01:28.320 --> 00:01:34.150 KNOWS FEDERAL SECTOR REGS LIKE THE BACK OF HIS HANDS. SO 00:01:34.180 --> 00:01:36.970 USUALLY WHEN I HAVE A QUESTION ABOUT WHAT DO WE MEAN WHEN 00:01:37.010 --> 00:01:39.910 WE SAID THIS IN THE REG, I NORMALLY WILL GO TO GARY. SO I 00:01:39.950 --> 00:01:42.920 FEEL HONORED TO HAVE HIM AS A PRESENTER TODAY. I'M GOING 00:01:42.960 --> 00:01:46.410 TO TURN IT OVER TO GARY. 00:01:46.450 --> 00:01:51.710 (APPLAUSE.) 00:01:51.740 --> 00:01:57.750 THANK YOU, DEXTER. CAN EVERYBODY HEAR ME 00:01:57.780 --> 00:02:03.960 OKAY? THANK YOU FOR COMING. YOU KNOW, AS DEXTER SAID, 00:02:03.990 --> 00:02:08.450 LET ME GIVE YOU A BRIEF HISTORY OF MY EMPLOYMENT AT EEOC. 00:02:08.480 --> 00:02:12.720 I STARTED HERE IN JUNE OF 1979, AND THE FIRST 00:02:12.760 --> 00:02:16.540 OFFICE I WORKED IN WAS CALLED THE OFFICE OF REVIEW AND 00:02:16.570 --> 00:02:19.860 APPEALS. AND THAT OFFICE IS THE PREDECESSOR OFFICE TO THE 00:02:19.890 --> 00:02:22.840 OFFICE OF FEDERAL OPERATIONS. I WORKED IN THAT OFFICE FOR 00:02:22.880 --> 00:02:26.540 LIKE A YEAR, AND SO I WAS WRITING AND DRAFTING APPELLATE 00:02:26.580 --> 00:02:30.290 DECISIONS FOR THAT 11-YEAR PERIOD. AND THEN I TRANSFERRED 00:02:30.320 --> 00:02:33.260 TO ANOTHER OFFICE AFTER THAT, BUT THAT IS WHERE I STARTED. 00:02:33.290 --> 00:02:38.680 AND IT'S VERY CLOSE TO WHEN EEOC FIRST WAS GIVEN AUTHORITY 00:02:38.710 --> 00:02:42.730 TO OVERSEE THE FEDERAL SECTOR COMPLAINT PROCESSING 00:02:42.760 --> 00:02:50.320 PROCEDURES AND SYSTEM. AND AS I WAS PREPARING OUR 00:02:50.350 --> 00:02:54.620 PRESENTATION THIS AFTERNOON AND THINKING ABOUT THE 00:02:54.650 --> 00:02:57.380 REVISIONS WE JUST MADE TO 1614, I WAS THINKING, YOU KNOW, 00:02:57.420 --> 00:03:01.520 IT MIGHT BE BENEFICIAL TO PUT IT IN CONTEXT BY GIVING YOU 00:03:01.550 --> 00:03:08.190 A VERY SHORT HISTORICAL PRESENTATION OF WHERE AND HOW THE 00:03:08.230 --> 00:03:11.680 WHOLE SYSTEM BEGAN. I DON'T WANT TO DO THAT IF EVERYBODY 00:03:11.720 --> 00:03:19.520 KNOWS THAT. SO CAN ANYONE HERE TELL ME WHEN, HOW, THE 00:03:19.550 --> 00:03:27.440 FEDERAL SECTOR PROCESS FIRST BEGAN? DEXTER. YES. 00:03:27.470 --> 00:03:29.240 OH. 00:03:29.280 --> 00:03:31.140 YOU WANT TO USE THE MIKE? 00:03:31.170 --> 00:03:34.340 YOU SAY WHEN DID IT FIRST BEGAN? I WANT TO 00:03:34.380 --> 00:03:37.740 SEE IF YOUR ANSWER IS THE SAME AS MINE. 00:03:37.770 --> 00:03:40.410 SEE IF WE ARE ON THE SAME PAGE. 00:03:40.440 --> 00:03:42.630 YOU SAID THE PROCESS? 00:03:42.670 --> 00:03:44.600 THE PROCESS. 00:03:44.640 --> 00:03:48.380 WHEN YOU SAY PROCESS, WHAT DO YOU MEAN? VERY 00:03:48.410 --> 00:03:50.650 MUCH ATTORNEYS. 00:03:50.690 --> 00:03:52.610 WHEN THE COMPLAINT IS FILED, AGENCIES WOULD 00:03:52.640 --> 00:03:53.980 INVESTIGATE. 00:03:54.010 --> 00:03:56.150 THIS WOULD BE MY ANSWER. I WOULD SAY WHEN 00:03:56.180 --> 00:04:00.190 PRESIDENT TRUMAN PASSED EXECUTIVE ORDER 9980 AND CREATED 00:04:00.230 --> 00:04:02.670 THE SYSTEM THAT WENT TO THE CIVIL SERVICE COMMISSION FOR 00:04:02.710 --> 00:04:07.290 REVIEW OF DECISIONS MADE BY AGENCY HEADS ON ISSUES OF 00:04:07.330 --> 00:04:11.920 COMPLAINTS. JULY 26, 1948. 00:04:11.970 --> 00:04:14.590 THAT'S RIGHT. DEXTER WOULD BE CORRECT, FOR 00:04:14.630 --> 00:04:18.700 SOME SEMBLANCE OF THE SYSTEM HAS BEEN IN EXISTENCE FOR A 00:04:18.740 --> 00:04:23.510 VERY LONG TIME. AND SO I JUST WANT TO TALK BRIEFLY ABOUT 00:04:23.550 --> 00:04:27.060 IT SO THAT YOU CAN GET A SENSE OF, FOR EXAMPLE, YOU MIGHT 00:04:27.090 --> 00:04:29.570 ASK YOURSELF WHERE DID THIS WHOLE THING ABOUT COUNSELING 00:04:29.600 --> 00:04:33.380 COME FROM? WHY DID YOU HAVE IT? OR WHY IS IT THAT AN 00:04:33.410 --> 00:04:35.920 AGENCY CAN ISSUE A DECISION ABOUT WHETHER IT DISCRIMINATED 00:04:35.960 --> 00:04:41.700 AGAINST ONE OF ITS EMPLOYEES? WHY IS THE SYSTEM SET UP 00:04:41.730 --> 00:04:43.270 THAT WAY? 00:04:43.310 --> 00:04:46.510 IT ALL BEGAN, WELL, AS DEXTER SAID, BUT IT BECAME 00:04:46.540 --> 00:04:49.650 A LITTLE BIT MORE FORMAL WITH THE PASSAGE OF THE CIVIL 00:04:49.680 --> 00:04:57.020 RIGHTS ACT OF 1964. AND TITLE VII OF THAT ACT PROHIBITS 00:04:57.050 --> 00:04:59.800 EMPLOYMENT DISCRIMINATION ON THE BASIS OF RACE, SEX, 00:04:59.840 --> 00:05:04.380 NATIONAL ORIGIN, COLOR, AND RELIGION, AND IT WAS MADE 00:05:04.410 --> 00:05:07.970 APPLICABLE TO EMPLOYERS OF 15 OR MORE EMPLOYEES. BUT THE 00:05:08.010 --> 00:05:13.110 DEFINITION OF EMPLOYER EXPLICITLY EXCLUDED THE FEDERAL 00:05:13.140 --> 00:05:17.120 GOVERNMENT, ITS AGENCIES, AND ITS CORPORATIONS. SO THE 00:05:17.150 --> 00:05:21.400 FEDERAL EMPLOYEES WEREN'T COVERED, EXCEPT FOR THE VERY 00:05:21.430 --> 00:05:26.750 SMALL PROVISION IN THE 1964 VERSION OF THE CIVIL RIGHTS 00:05:26.790 --> 00:05:36.190 ACT, AND IT STATED AS FOLLOWS: THERE WAS A PROVISION THAT 00:05:36.230 --> 00:05:40.150 SAID IT WOULD BE THE POLICY OF THE UNITED STATES TO ENSURE 00:05:40.180 --> 00:05:43.620 EQUAL EMPLOYMENT OPPORTUNITIES FOR FEDERAL EMPLOYEES 00:05:43.630 --> 00:05:46.880 WITHOUT DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, 00:05:46.910 --> 00:05:48.250 SEX, OR NATIONAL ORIGIN. AND IT AUTHORIZED THE PRESIDENT 00:05:48.290 --> 00:05:54.760 TO USE THE EXISTING AUTHORITY TO EFFECTUATE THIS POLICY. 00:05:54.790 --> 00:05:57.550 SO AT THE TIME, PRESIDENT LYNDON JOHNSON WAS PRESIDENT. 00:05:57.580 --> 00:06:02.880 IN 1965, PRESIDENT JOHNSON SIGNED EXECUTIVE ORDER 11246, 00:06:02.920 --> 00:06:06.200 AND THIS EXECUTIVE ORDER PROHIBITED DISCRIMINATION AGAINST 00:06:06.240 --> 00:06:10.460 CIVILIAN EMPLOYEES OF EXECUTIVE AGENCIES, AND PROHIBITED 00:06:10.500 --> 00:06:15.920 ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN AND RELIGION. 00:06:15.950 --> 00:06:18.890 AND YOU CAN SAY, WELL, WHAT ABOUT SEX? AND I 00:06:18.920 --> 00:06:22.530 DON'T KNOW WHY SEX WAS NOT INCLUDED AS A PROHIBITED BASIS 00:06:22.570 --> 00:06:25.540 IN THAT EXECUTIVE ORDER, BUT IT WAS ADDED TWO YEARS LATER 00:06:25.570 --> 00:06:29.080 IN 1967 THROUGH ANOTHER EXECUTIVE ORDER. AND JUST FOR 00:06:29.120 --> 00:06:33.200 YOUR INFORMATION, DISABILITY AND AGE WERE ALSO ADDED, BUT 00:06:33.240 --> 00:06:39.050 NOT UNTIL 1978 THROUGH EXECUTIVE ORDER 12106. NOW, WHEN 00:06:39.090 --> 00:06:44.210 PRESIDENT JOHNSON SIGNED THAT EXECUTIVE ORDER IN 1965, HE 00:06:44.240 --> 00:06:50.520 AUTHORIZED THE CIVIL SERVICE COMMISSION TO IMPLEMENT A 00:06:50.550 --> 00:06:54.040 COMPLAINT PROCESS THROUGH PROCEDURE IN ORDER TO CARRY OUT 00:06:54.070 --> 00:06:56.920 THE PROVISIONS OF HIS EXECUTIVE ORDER. 00:06:56.950 --> 00:07:00.720 HOW MANY PEOPLE HERE ARE FAMILIAR WITH CIVIL 00:07:00.760 --> 00:07:06.640 SERVICE COMMISSION? I WOULD SAY, GEE, MAYBE 10, 15 00:07:06.670 --> 00:07:10.430 PERCENT. SHOW OF HANDS. I'M JUST CURIOUS. HOW MANY 00:07:10.470 --> 00:07:15.370 PEOPLE WORKED FOR THE FEDERAL GOVERNMENT WHEN THE CIVIL 00:07:15.400 --> 00:07:21.050 SERVICE COMMISSION WAS IN EXISTENCE? MORE THAN I THOUGHT. 00:07:21.090 --> 00:07:25.820 I'd SAY THERE'S ABOUT EIGHT, TEN OF US. I CAN RAISE MY 00:07:25.850 --> 00:07:29.360 HAND BECAUSE IN THE MID 70S I WORKED PART TIME FOR THE 00:07:29.400 --> 00:07:33.460 FEDERAL TRADE COMMISSION. BUT WHEN I CAME TO THE 00:07:33.500 --> 00:07:35.470 COMMISSION THERE WAS NO CIVIL SERVICE COMMISSION, AND I 00:07:35.500 --> 00:07:37.430 WILL EXPLAIN HOW THAT CAME TO BE. 00:07:37.460 --> 00:07:40.810 ANYWAY, AS I WAS SAYING, PRESIDENT JOHNSON 00:07:40.850 --> 00:07:43.990 EMPOWERED THE CIVIL SERVICE COMMISSION TO CARRY OUT HIS 00:07:44.030 --> 00:07:46.240 EXECUTIVE ORDER. AND WHAT THE CIVIL SERVICE COMMISSION 00:07:46.280 --> 00:07:49.490 DID IS ONE YEAR LATER, IN 1966, IT CREATED THE SET OF 00:07:49.520 --> 00:07:55.670 REGULATIONS. AND YOU CAN FIND THESE AT 5 CFR PART 713. 00:07:55.710 --> 00:07:58.820 THEY DON'T EXIST ANYMORE, BUT IN CASE YOU ARE CURIOUS AND 00:07:58.850 --> 00:08:01.180 WANT TO SEE WHAT THEY LOOK LIKE, THAT'S WHERE YOU CAN FIND 00:08:01.210 --> 00:08:09.880 THAT. SOMEONE ASKED WHAT IT WAS. 5 CFR PART 713. 00:08:09.920 --> 00:08:18.250 WHAT THE PROCEDURAL -- OR THE PROCEDURE THAT THE 00:08:18.280 --> 00:08:21.420 CIVIL SERVICE COMMISSION CAME UP WITH WAS THE PERSON WHO 00:08:21.460 --> 00:08:23.760 BELIEVED THEY HAD BEEN DISCRIMINATED AGAINST WOULD HAVE TO 00:08:23.800 --> 00:08:27.110 FILE A COMPLAINT AGAINST THE AGENCY ALLEGED TO HAVE 00:08:27.140 --> 00:08:30.820 ENGAGED IN THE DISCRIMINATION. THE AGENCY WOULD THEN 00:08:30.850 --> 00:08:36.390 CONDUCT AN INVESTIGATION OF COMPLAINT. THE AGENCY WOULD 00:08:36.420 --> 00:08:40.360 THEN OFFER THE COMPLAINANT AN OPPORTUNITY TO HAVE A 00:08:40.390 --> 00:08:44.900 HEARING. THE AGENCY WOULD THEN ISSUE A FINAL DECISION ON 00:08:44.930 --> 00:08:49.250 THE MERITS, AND THAT FINAL DECISION WOULD BE APPEALABLE TO 00:08:49.290 --> 00:08:52.720 THE CIVIL SERVICE COMMISSION. 00:08:52.760 --> 00:08:54.800 SO THAT'S HOW THE SYSTEM EXISTED AS OF '65, 00:08:54.840 --> 00:08:57.160 AND AS YOU CAN SEE A LOT OF THOSE ELEMENTS THAT EXISTED 00:08:57.200 --> 00:09:04.310 THEN EXIST NOW. TWO YEARS LATER -- WELL, REGULATIONS CAME 00:09:04.350 --> 00:09:07.360 OUT IN '66. TWO YEARS LATER, PRESIDENT NIXON -- OR, 00:09:07.400 --> 00:09:11.990 RICHARD NIXON WAS ELECTED PRESIDENT, AND IN 1969 PRESIDENT 00:09:12.020 --> 00:09:16.650 NIXON ISSUES EXECUTIVE ORDER 11478. AND THAT EXECUTIVE 00:09:16.680 --> 00:09:18.210 ORDER ORDERS THAT, QUOTE, AGENCIES SYSTEMS PROVIDE ACCESS 00:09:18.240 --> 00:09:18.360 TO COUNSELING FOR AGGRIEVED EMPLOYEES AND ENCOURAGE THE 00:09:18.390 --> 00:09:30.240 RESOLUTION OF EMPLOYEE PROBLEMS ON AN INFORMAL BASIS. AND 00:09:30.280 --> 00:09:36.490 THE EXECUTIVE ORDER ALSO GAVE THE CIVIL SERVICE COMMISSION 00:09:36.520 --> 00:09:40.410 ADDITIONAL OVERSIGHT AUTHORITY SO THAT THE CIVIL SERVICE 00:09:40.440 --> 00:09:44.750 COMMISSION COULD NOW, QUOTE, REVIEW AND EVALUATE AGENCY 00:09:44.780 --> 00:09:48.650 PROGRAM OPERATIONS PERIODICALLY AND OBTAIN SUCH REPORTS 00:09:48.690 --> 00:09:51.340 FROM AGENCIES AS IT DEEMS NECESSARY, UNQUOTE. 00:09:51.370 --> 00:09:54.470 SO AS A RESULT OF THIS EXECUTIVE ORDER, 00:09:54.500 --> 00:09:59.320 CIVIL SERVICE COMMISSION AMENDED ITS 713 REGULATIONS TO 00:09:59.350 --> 00:10:02.740 ALLOW FOR COUNSELING AND INFORMAL RESOLUTION. SO NOW YOU 00:10:02.780 --> 00:10:07.210 HAVE A COMPLAINT SYSTEM THAT INCLUDES COUNSELING, INFORMAL 00:10:07.250 --> 00:10:10.630 RESOLUTION FILING OF COMPLAINT, INVESTIGATION BY THE 00:10:10.660 --> 00:10:14.970 AGENCY, HEARING, FINAL DECISION BY THE AGENCY, APPEAL TO 00:10:15.000 --> 00:10:18.250 THE CIVIL SERVICE COMMISSION. SO IF YOU ARE WONDERING 00:10:18.290 --> 00:10:24.720 WHERE COUNSELING CAME, IT CAME FROM PRESIDENT NIXON. 00:10:24.750 --> 00:10:28.290 TWO YEARS LATER, CONGRESS PASSES THE EQUAL 00:10:28.330 --> 00:10:32.490 EMPLOYMENT OPPORTUNITY ACT OF 1972, AND THAT ACT WAS 00:10:32.520 --> 00:10:39.110 AMENDED THE CIVIL RIGHTS ACT OF 1964 BY ADDING SECTION 717 00:10:39.150 --> 00:10:47.330 TO TITLE VII. THIS IS NOW GIVES STATUTORY PROTECTION TO 00:10:47.370 --> 00:10:52.670 FEDERAL EMPLOYEES FROM DISCRIMINATION. IF YOU READ 717, 00:10:52.710 --> 00:10:57.710 IT SAYS VERY LITTLE ABOUT WHAT A COMPLAINT PROCESSING 00:10:57.740 --> 00:11:05.750 SYSTEM SHOULD LOOK LIKE. THERE IS ONLY ONE CRITERIA, AND 00:11:05.790 --> 00:11:10.630 IT STATES THAT AN AGENCY MUST TAKE FINAL ACTION ON A 00:11:10.670 --> 00:11:14.300 COMPLAINT WITH NOTIFICATION OF ITS DETERMINATION TO THE 00:11:14.330 --> 00:11:18.610 COMPLAINANT. SO BY STATUTE, AGENCIES HAVE THE RIGHT TO 00:11:18.640 --> 00:11:23.000 ISSUE A FINAL DECISION ON ANY EEO COMPLAINT THAT IS FILED 00:11:23.040 --> 00:11:27.240 AGAINST IT. AND SINCE IT'S BY STATUTE, THAT'S NOT 00:11:27.280 --> 00:11:31.080 SOMETHING YOU CAN TAKE AWAY THROUGH REGULATION UNLESS YOU 00:11:31.110 --> 00:11:35.280 AMEND THE STATUTE. 00:11:35.310 --> 00:11:38.370 THE OTHER THING THAT 717 DID THAT HADN'T 00:11:38.400 --> 00:11:41.430 EXISTED PRIOR TO THAT, IT GAVE FEDERAL EMPLOYEES THE RIGHT 00:11:41.460 --> 00:11:46.250 TO PURSUE A CIVIL ACTION IF THEY WERE DISSATISFIED WITH 00:11:46.280 --> 00:11:51.210 THE RESULT OF THE ADMINISTRATIVE PROCESS. SO THEY GET THE 00:11:51.240 --> 00:11:54.790 FINAL DECISION FROM THE AGENCY, THEY CAN APPEAL IT TO THE 00:11:54.830 --> 00:11:56.920 CIVIL SERVICE COMMISSION. IF THEY DON'T LIKE THAT RESULT, 00:11:56.950 --> 00:12:04.770 THEY CAN GO TO COURT. AND THE AUTHORITY AGAIN TO OVERSEE 00:12:04.800 --> 00:12:07.840 THIS PROCESS STILL RESIDED IN THE CIVIL SERVICE 00:12:07.870 --> 00:12:10.620 COMMISSION. BUT IF YOU READ THE LEGISLATIVE HISTORY OF 00:12:10.660 --> 00:12:13.230 THE EQUAL EMPLOYMENT OPPORTUNITY ACT, THERE ARE A NUMBER 00:12:13.260 --> 00:12:16.650 OF ITERATIONS WHERE CONGRESS CONSIDERED TRANSFORMING THAT 00:12:16.680 --> 00:12:21.090 AUTHORITY TO EEOC, BUT IN THE END THEY DECIDED NOT TO DO 00:12:21.120 --> 00:12:25.470 THAT AND INSTEAD DECIDED WHERE TO KEEP THAT WHERE IT HAD 00:12:25.500 --> 00:12:27.100 BEEN IN 1965: AT THE CIVIL SERVICE COMMISSION. 00:12:27.140 --> 00:12:32.990 THE NEXT EVENT OCCURRED IN 1978. IN 1976, 00:12:33.030 --> 00:12:41.490 JIMMY CARTER IS ELECTED PRESIDENT, AND IN 1978 CONGRESS 00:12:41.520 --> 00:12:46.090 PASSES WHAT IS CALLED THE CIVIL SERVICE REFORM ACT. WHAT 00:12:46.130 --> 00:12:50.490 THE CIVIL SERVICE REFORM ACT DID IS IT ABOLISHED THE CIVIL 00:12:50.530 --> 00:12:53.380 SERVICE COMMISSION AND INSTEAD CREATED NEW AGENCIES. THE 00:12:53.410 --> 00:12:57.170 OFFICE OF PERSONNEL MANAGEMENT WHICH NOW HAD THE 00:12:57.210 --> 00:13:00.720 MANAGEMENT RESPONSIBILITY OF PERSONNEL RULES THAT CIVIL 00:13:00.760 --> 00:13:04.060 SERVICE COMMISSION HAD, IT CREATED THE MERIT SYSTEMS 00:13:04.090 --> 00:13:07.530 PROTECTIONS BOARD WHICH NOW HAD THE ADJUDICATORY 00:13:07.560 --> 00:13:12.570 FUNCTIONS, AND IT CREATED THE FEDERAL LABOR RELATIONS 00:13:12.600 --> 00:13:15.310 AUTHORITY. 00:13:15.350 --> 00:13:19.430 AT THE SAME TIME THAT THE CIVIL SERVICE REFORM 00:13:19.470 --> 00:13:22.580 ACT WAS PASSED, PRESIDENT CARTER ISSUED WHAT'S CALLED THE 00:13:22.610 --> 00:13:27.950 REORGANIZATION PLAN NUMBER ONE OF 1978. AND WHAT HE DID 00:13:27.980 --> 00:13:31.990 IN THAT PLAN WAS SINCE THE CIVIL SERVICE COMMISSION HAD 00:13:32.020 --> 00:13:35.620 BEEN ABOLISHED, HE TRANSFERRED ALL OF THE CIVIL SERVICE 00:13:35.650 --> 00:13:39.460 COMMISSION'S AUTHORITY WITH RESPECT TO THE EEO SECTOR AND 00:13:39.500 --> 00:13:44.560 THE FEDERAL SECTOR PROGRAMS TO EEOC, AND HE MADE THAT 00:13:44.600 --> 00:13:49.650 EFFECTIVE JANUARY 1ST, 1979. SO THAT'S WHEN EEO FIRST GOT 00:13:49.680 --> 00:13:54.830 THE AUTHORITY OVER THE PROCESS. AT THE SAME TIME, THE 00:13:54.870 --> 00:13:58.790 REORGANIZATION PLAN ALSO TRANSFERRED AUTHORITY TO EEOC 00:13:58.820 --> 00:14:02.750 UNDER THE APPLICABLE PROVISIONS OF THE AGE DISCRIMINATION 00:14:02.790 --> 00:14:05.070 AUTHORITY ACT THAT APPLIED TO FEDERAL EMPLOYEES. NOW THEY 00:14:05.110 --> 00:14:09.100 ARE RESPONSIBLE FOR ENFORCING THOSE PROVISIONS AS WELL AS 00:14:09.140 --> 00:14:14.410 THE PROVISIONS OF THE REHABILITATION ACT. AND THIS 00:14:14.440 --> 00:14:20.710 HAPPENED REALLY QUICKLY AS TO WHAT, ALL OF A SUDDEN, 00:14:20.750 --> 00:14:23.600 JANUARY 1, '79, EEOC WAS RESPONSIBLE FOR PROCESSING ALL 00:14:23.640 --> 00:14:28.330 THESE APPEALS AND MAKING SURE THAT ALL AGENCY EEO PROGRAMS 00:14:28.370 --> 00:14:31.450 ARE DOING WHAT THEY ARE SUPPOSED TO DO. AND SO WHAT EEO 00:14:31.490 --> 00:14:37.530 DID WAS IT ADOPTED ALMOST IN WHOLE THE CIVIL SERVICE 00:14:37.570 --> 00:14:42.800 COMMISSION'S REGULATIONS, AND JUST PUT THEM IN ANOTHER 00:14:42.830 --> 00:14:47.450 PART OF THE CFR. SO THEY THEN BECAME 29 CFR 1613, NOT 14. 00:14:47.480 --> 00:14:53.980 AND THAT'S WHAT THEY HAD TO DO. 00:14:54.020 --> 00:14:57.770 WHEN I CAME ON BOARD IN JUNE, WHICH WAS SIX 00:14:57.800 --> 00:15:00.830 MONTHS AFTER THIS OFFICE OF REVIEW AND APPEALS HAD BEEN 00:15:00.870 --> 00:15:04.230 ESTABLISHED -- AND IN ADDITION TO INHERITING A NUMBER OF 00:15:04.270 --> 00:15:07.250 EMPLOYEES FROM THE CIVIL SERVICE COMMISSION WHO HAD BEEN 00:15:07.290 --> 00:15:12.330 WORKING ON APPEALS AND HAD BEEN WORKING IN THE FEDERAL AND 00:15:12.360 --> 00:15:14.600 CAME OVER TO EEO, WE ALSO INHERITED A BACKLOG OF 00:15:14.630 --> 00:15:18.270 APPROXIMATELY 5,000 APPEALS. SO ALL THAT WORK AND NEW 00:15:18.300 --> 00:15:24.050 APPEALS COMING IN THE DOOR, THERE WASN'T A LOT OF TIME TO 00:15:24.080 --> 00:15:27.570 FOCUS ON THE REGULATIONS, WHICH IS WHY IT WAS EASIER TO 00:15:27.600 --> 00:15:32.400 ADOPT THEM. THEY HAD BEEN WORKING TO AN EXTENT, AND THE 00:15:32.430 --> 00:15:37.360 EASIEST THING WAS TO ADOPT THEM, LOOK AT THEM, SEE WHAT 00:15:37.390 --> 00:15:39.660 CHANGES WE WANTED TO MAKE. 00:15:39.700 --> 00:15:45.210 SO NOW LET ME TALK ABOUT THE EVOLUTION OF THE 00:15:45.250 --> 00:15:47.000 REGULATIONS ONCE EEOC HAD THE AUTHORITY IN THE FEDERAL 00:15:47.040 --> 00:15:48.350 SECTOR. 00:15:48.380 --> 00:15:51.950 IN 1980, 1613 WAS REVISED TO ALLOW AGENCIES TO 00:15:51.980 --> 00:15:57.010 AWARD ATTORNEYS FEES AND COSTS. THIS WAS DUE TO JUDICIAL 00:15:57.040 --> 00:16:01.440 DECISIONS WHICH HAD STATED THAT AGENCIES WERE LIABLE FOR 00:16:01.470 --> 00:16:06.700 ATTORNEYS FEES AND COSTS. IN 1983, THEY WERE AGAIN 00:16:06.730 --> 00:16:11.400 REVISED TO IMPLEMENT THE MIXED CASE PROCESS AND WE DID 00:16:11.440 --> 00:16:15.440 THIS IN CONJUNCTION WITH THE MSPB. AND HOPEFULLY YOU ARE 00:16:15.470 --> 00:16:20.610 FAMILIAR WITH THE MIXED CASE PROCESS, AND THAT CAME ABOUT 00:16:20.650 --> 00:16:23.090 BECAUSE OF THE CIVIL SERVICE REFORM ACT WHEN THEY CREATED 00:16:23.120 --> 00:16:27.550 THE MSPB. THEY SAID, OKAY, MSPB, YOU ARE RESPONSIBLE FOR 00:16:27.580 --> 00:16:30.480 ADJUDICATING ACTION APPEALABLE TO THE BOARD. EEOC, YOU 00:16:30.520 --> 00:16:35.220 ARE RESPONSIBLE FOR ADJUDICATING PURELY EEO COMPLAINTS. 00:16:35.250 --> 00:16:39.420 BUT WHEN IT COMES TO APPEALABLE ACTIONS THAT ARE COUPLED 00:16:39.460 --> 00:16:43.180 WITH ALLEGATIONS OF DISCRIMINATION, WE THINK MSPB AND EEOC 00:16:43.220 --> 00:16:46.440 SHOULD HAVE CONCURRENT JURISDICTION. 00:16:46.480 --> 00:16:50.120 AND THAT'S HOW THAT WHOLE MIXED CASE PROCESS CAME 00:16:50.150 --> 00:16:54.650 TO BE. AND SO, AS YOU KNOW, A PERSON WHO CHALLENGES AN 00:16:54.680 --> 00:16:59.080 APPEALABLE ACTION AND COUPLES IT WITH AN ACTION OF 00:16:59.110 --> 00:17:08.490 DISCRIMINATION GOES DIRECTLY TO PRESIDENT NIXON. THE 00:17:08.520 --> 00:17:11.380 AGENCY HAS 180 DAYS TO PROCESS IT. THERE'S NO HEARING AT 00:17:11.410 --> 00:17:12.970 THE AGENCY LEVEL. AND THEN IT GOES OVER TO THE MSPB AND 00:17:13.010 --> 00:17:16.040 YOU DO ONE AVENUE OR THE OTHER, BUT NOT BOTH. AND IN BOTH 00:17:16.070 --> 00:17:19.880 CASES, ONCE THE MSPB HAS ISSUED A FINAL DECISION, PETITION 00:17:19.920 --> 00:17:26.430 EEOC FOR REVIEW, BUT ONLY ON THE ALLEGATION OF 00:17:26.470 --> 00:17:28.790 DISCRIMINATION. AND THAT'S WHY MY OFFICE WHEN I FIRST 00:17:28.820 --> 00:17:31.810 STARTED WAS CALLED THE OFFICE OF REVIEW AND APPEALS. YOU 00:17:31.850 --> 00:17:35.910 HAD PEOPLE WHO WORKED ON REVIEWS AND THE PETITION FOR 00:17:35.950 --> 00:17:40.710 REVIEWS AND PEOPLE WHO WORKED ON THE APPEALS. 00:17:40.750 --> 00:17:47.250 ALL RIGHT. WHAT OTHER CHANGES. WE MADE SOME 00:17:47.290 --> 00:17:53.500 MINOR CHANGES IN '87 TRYING TO IN EFFECT HAVE -- THERE WAS 00:17:53.540 --> 00:17:59.310 SOME HOLDOVER RULES FROM THE CIVIL SERVICE COMMISSION THAT 00:17:59.340 --> 00:18:04.540 NO LONGER MADE SENSE. WE WERE ALSO TRYING TO FIX SOME 00:18:04.570 --> 00:18:08.740 TIME LIMITS AND DEADLINES SO THAT THE PROCESS WAS MORE 00:18:08.780 --> 00:18:11.550 EFFICIENT, AND WE DID THIS AGAIN IN 1992. THE MOST 00:18:11.580 --> 00:18:15.580 SIGNIFICANT THING IN 1992 WAS 1613 WAS ABOLISHED AND IT 00:18:15.620 --> 00:18:20.350 WAS REPLACED BY 29 CFR 1614. BUT A LOT OF THE STUFF THAT 00:18:20.390 --> 00:18:25.290 WAS IN 1613 WAS CARRIED OVER TO 1614. The LAST MAJOR 00:18:25.320 --> 00:18:31.460 CHANGE PRIOR TO THIS MOST CURRENT WAS OCCURRED IN 1999. 00:18:31.500 --> 00:18:35.120 AND I WOULD SAY THE TWO MOST SIGNIFICANT CHANGES THERE 00:18:35.160 --> 00:18:39.830 WERE PRIOR TO 1999 WHEN AN ADMINISTRATIVE JUDGE ISSUED A 00:18:39.860 --> 00:18:43.400 DECISION IN AN INDIVIDUAL COMPLAINT. THAT DECISION WAS 00:18:43.430 --> 00:18:46.660 ONLY A RECOMMENDED DECISION. IT WENT TO THE AGENCY, AND 00:18:46.690 --> 00:18:51.520 THE AGENCY COULD EITHER ACCEPT IT REJECT IT OR MODIFY IT. 00:18:51.550 --> 00:18:56.290 AND ONCE THE AGENCY DID THAT, the COMPLAINANT COULD APPEAL 00:18:56.330 --> 00:18:59.720 WHATEVER THE AGENCY HAD DONE TO THE ADMINISTRATIVE JUDGE'S 00:18:59.750 --> 00:19:00.990 DECISION. 00:19:01.030 --> 00:19:04.810 WITH THE CHANGE IN REGULATIONS IN 1999, THE 00:19:04.850 --> 00:19:11.680 ADMINISTRATIVE JUDGE'S DECISION BECAME FINAL. AND IF THE 00:19:11.710 --> 00:19:15.460 AGENCY WAS NOT PREPARED TO IMPLEMENT IT IN FULL, THE 00:19:15.500 --> 00:19:18.920 AGENCY HAD TO ISSUE AN ORDER INFORMING THE COMPLAINANT 00:19:18.960 --> 00:19:23.950 THAT IT WAS NOT GOING TO ISSUE THE -- OR IT WAS NOT GOING 00:19:23.990 --> 00:19:26.170 TO IMPLEMENT THE DECISION IN FULL, AND AT THE SAME TIME IT 00:19:26.200 --> 00:19:29.170 HAD TO FILE AN APPEAL WITH THE EEOC AS TO THOSE ASPECTS IT 00:19:29.210 --> 00:19:36.220 DISAGREED AND IT WAS NOT GOING TO IMPLEMENT. 00:19:36.250 --> 00:19:44.690 THE SECOND MAJOR PROVISION IN THOSE '99 00:19:44.720 --> 00:19:46.390 REGULATIONS WAS THE INTRODUCTION OF ALTERNATIVE DISPUTE 00:19:46.430 --> 00:19:48.340 RESOLUTION. THAT BECAME MANDATORY IN COUNSELING, AND THEN 00:19:48.370 --> 00:19:51.280 DURING INVESTIGATION AND ANY OTHER PART OF THE PROCESS 00:19:51.310 --> 00:19:54.280 PRIOR TO THE HEARING THAT AN AGENCY MUST AFFORD A 00:19:54.310 --> 00:19:57.033 COMPLAINANT UNDER APPROPRIATE CIRCUMSTANCES THE 00:19:57.913 --> 00:20:03.082 OPPORTUNITY TO ENGAGE IN ALTERNATIVE DISPUTE RESOLUTION. 00:20:03.928 --> 00:20:06.306 SO THAT BRINGS US TO TODAY 00:20:06.978 --> 00:20:09.650 TO THE RECENT REVISIONS WE MADE, 00:20:10.192 --> 00:20:11.977 I JUST WANT TO POINT OUT, AS DEXTER SAID 00:20:12.014 --> 00:20:15.791 THESE REVISIONS BECOME EFFECTIVE SEPTEMBER 24 00:20:16.440 --> 00:20:19.202 OF THIS YEAR, SO IN LESS THAN A MONTH. 00:20:19.652 --> 00:20:21.299 AND LET ME RUN DOWN THE 00:20:21.317 --> 00:20:23.120 MAJOR REVISIONS VERY QUICKLY. 00:20:23.831 --> 00:20:27.457 FIRST, EEO PROGRAMS MUST COMPLY WITH PART 00:20:27.841 --> 00:20:34.660 1614 AND THE MANAGEMENT DIRECTIVES AND BULLETINS ISSUED BY EEOC. 00:20:34.690 --> 00:20:39.280 EEOC NOW HAS THE AUTHORITY TO REVIEW AGENCY PROGRAMS FOR 00:20:39.310 --> 00:20:43.190 COMPLIANCE, ATTEMPT TO OBTAIN COMPLIANCE, AND THEN ISSUE A 00:20:43.220 --> 00:20:48.690 NOTICE TO ANY AGENCY WE FIND IS NOT IN COMPLIANCE WITH THE 00:20:48.730 --> 00:20:55.370 REGULATIONS. AGENCIES NOW CAN, WITH PRIOR COMMISSION 00:20:55.400 --> 00:20:58.210 APPROVAL, CONDUCT PILOT PROJECTS THAT DIFFER FROM THE 00:20:58.240 --> 00:21:02.100 STANDARDS OF 1614 FOR THE PROCEDURAL 1614. YOU CAN TRY 00:21:02.130 --> 00:21:07.950 OTHER METHODS OF PROCESSING COMPLAINTS. THERE IS ONLY ONE 00:21:07.980 --> 00:21:14.300 REQUIREMENT IN ADOPTING A PILOT PROJECT: THAT COMPLAINANT 00:21:14.340 --> 00:21:20.080 PARTICIPATION MUST BE KNOWING AND VOLUNTARY. AS LONG AS 00:21:20.120 --> 00:21:22.870 THAT EXISTS, YOU CAN COME UP WITH ANY KIND OF IDEA YOU 00:21:22.900 --> 00:21:27.470 WANT. NOT TO SAY THAT IT WILL BE APPROVED BY US, BUT YOU 00:21:27.510 --> 00:21:31.630 CAN CERTAINLY TRY DIFFERENT THINGS. AND I SHOULD MENTION 00:21:31.660 --> 00:21:35.710 THAT ONE OF THE THINGS THAT'S GOING TO HAPPEN IS 00:21:35.740 --> 00:21:38.170 OPERATIONS IS GOING TO REVISE MANAGEMENT DIRECTIVE 1N, AND 00:21:38.210 --> 00:21:42.180 THERE WILL BE GUIDANCE IN THERE AS TO WHAT A GOOD PILOT 00:21:42.220 --> 00:21:47.130 PROJECT SHOULD LOOK LIKE OR THE PILOT PROJECT CAN CONTAIN 00:21:47.160 --> 00:21:52.230 MAYBE EVEN THINGS MAY EVEN SAY THINGS THAT IT SHOULDN'T 00:21:52.260 --> 00:21:56.410 CONTAIN, BUT IT WILL GIVE YOU A GOOD SENSE OF WHAT IT IS 00:21:56.440 --> 00:22:01.650 YOU NEED IN ORDER TO GET THAT PILOT PROJECT APPROVED. 00:22:01.680 --> 00:22:05.090 ALL RIGHT. ANOTHER CHANGE. NOW, SAYS THAT ANY 00:22:05.120 --> 00:22:09.100 COMPLAINT THAT CHALLENGES OR ALLEGES THAT A PROPOSAL OR 00:22:09.140 --> 00:22:12.380 PRELIMINARY OF TAKING A PERSONAL ACTION IS DISCRIMINATORY, 00:22:12.410 --> 00:22:16.750 YOU CAN STILL DISMISS IT UNLESS THE COMPLAINANT ALLEGES 00:22:16.790 --> 00:22:22.500 THAT THE PROPOSAL OR PRELIMINARY STEP IS RETALIATORY. IN 00:22:22.540 --> 00:22:26.520 WHICH CASE, YOU SHOULD ACCEPT IT FOR PROCESS. ANOTHER 00:22:26.550 --> 00:22:33.090 REQUIREMENT ON AN AGENCY IS THAT IF AN AGENCY HAS NOT 00:22:33.120 --> 00:22:36.830 COMPLETED ITS INVESTIGATION WITHIN 180 DAYS, INCLUDING ANY 00:22:36.860 --> 00:22:42.400 EXTENSIONS -- AND SOMETIMES IT'S AUTOMATICALLY EXTENDED. 00:22:42.440 --> 00:22:45.870 IF THE COMPLAINANT ADDS ANOTHER ALLEGATION ALSO GET AN 00:22:45.900 --> 00:22:50.220 EXTENSION WITH THE COMPLAINANT'S CONSENT. BUT ONCE YOU'VE 00:22:50.250 --> 00:22:53.380 REACHED THAT DEADLINE AND THE INVESTIGATION IS NOT 00:22:53.410 --> 00:22:56.730 COMPLETED, THE AGENCY MUST GIVE THE COMPLAINANT WRITTEN 00:22:56.760 --> 00:23:00.930 NOTICE THAT THE INVESTIGATION IS NOT COMPLETED, IT HAS TO 00:23:00.960 --> 00:23:06.450 GIVE THE COMPLAINANT THE ESTIMATED DATE OF WHEN THE 00:23:06.480 --> 00:23:08.590 INVESTIGATION WILL BE COMPLETED, AND IT MUST GIVE THE 00:23:08.620 --> 00:23:11.920 COMPLAINANT NOTICE THAT THE COMPLAINANT HAS THE IMMEDIATE 00:23:11.950 --> 00:23:17.110 RIGHT TO REQUEST A HEARING OR FILE CIVIL ACTION. 00:23:17.150 --> 00:23:22.710 WHAT I WOULD SUGGEST, GIVEN THAT THIS 00:23:22.750 --> 00:23:27.980 REGULATION GOES INTO EFFECT ON SEPTEMBER 24, IS AS OF 00:23:28.020 --> 00:23:33.070 SEPTEMBER 24, YOU HAVE YOUR NOTICES READY. BECAUSE WHAT'S 00:23:33.100 --> 00:23:37.830 GOING TO HAPPEN IS YOU ARE GOING TO HAVE A NUMBER OF 00:23:37.870 --> 00:23:39.680 COMPLAINTS, AND YOU ARE GOING TO HAVE A NUMBER OF 00:23:39.710 --> 00:23:41.520 COMPLAINTS THAT ARE PENDING AT THE INVESTIGATIVE STAGE. 00:23:41.560 --> 00:23:44.010 AND OF THOSE, YOU ARE GOING TO HAVE A NUMBER THAT HAVE 00:23:44.040 --> 00:23:48.080 EXCEEDED THE 180-DAY PERIOD PLUS ANY EXTENSION. SO ON 00:23:48.110 --> 00:23:53.460 SEPTEMBER 24, YOU ARE GOING TO HAVE TO ISSUE THESE NOTICES 00:23:53.500 --> 00:23:58.510 TO ANY COMPLAINANT WHOSE COMPLAINT IS PENDING AND WHERE 00:23:58.540 --> 00:24:03.320 THE INVESTIGATION HAS NOT BEEN COMPLETED WITHIN 180 DAYS. 00:24:03.360 --> 00:24:07.610 SO IF YOU GO LOOK AT ALL THOSE COMPLAINTS NOW AND TRY TO 00:24:07.650 --> 00:24:10.710 ANTICIPATE WHICH ONES STILL ARE PENDING AND ARE TIMELY, 00:24:10.750 --> 00:24:13.430 HAVE YOUR LETTERS READY AND YOU CAN ISSUE THEM RIGHT AWAY. 00:24:13.470 --> 00:24:17.580 AND THAT WAY YOU WON'T FALL BEHIND AND YOU CAN STAY AHEAD 00:24:17.610 --> 00:24:22.330 ONCE OTHER COMPLAINTS COME THROUGH THE SYSTEM AND HAVEN'T 00:24:22.370 --> 00:24:26.310 BEEN COMPLETED WITHIN 180 DAYS FOR THE INVESTIGATION. 00:24:26.340 --> 00:24:28.660 WE MADE A REVISION TO THE CLASS COMPLAINT, SO NOW 00:24:28.690 --> 00:24:35.370 IT'S A FINAL DECISION THE SAME WAY IT IS ON AN INDIVIDUAL 00:24:35.410 --> 00:24:40.530 COMPLAINT. SO THE AGENCY CAN ADOPT OR APPEAL TO EEOC. 00:24:40.570 --> 00:24:48.420 IT'S A NEW REQUIREMENT THAT AGENCIES HAVE TO SUBMIT THEIR 00:24:48.460 --> 00:24:54.330 APPEAL AND COMPLAINT FILES IN OFO AND DIGITAL FORMAT. 00:24:54.360 --> 00:24:58.940 COMPLAINANTS ARE ENCOURAGED TO, BUT NOT REQUIRED TO. 00:24:58.970 --> 00:25:03.260 NOW THERE'S ANOTHER REVISION WHICH APPLIES ONLY 00:25:03.300 --> 00:25:05.050 TO EEOC, AND THAT PROVISION SAYS THAT WHEN IT COMES TO THE 00:25:05.090 --> 00:25:10.580 ACCEPTANCE OF CLASS COMPLAINTS, DECISIONS BY THE 00:25:10.610 --> 00:25:16.280 ADMINISTRATIVE JUDGE WHETHER TO ACCEPT A CLASS COMPLAINT 00:25:16.320 --> 00:25:19.430 AND THERE'S AN APPEAL, OFO WILL PROCESS THAT APPEAL WITHIN 00:25:19.460 --> 00:25:24.850 90 DAYS. RIGHT NOW WE HAVE A 18-DAY TIME LIMIT. SO WE 00:25:24.880 --> 00:25:28.370 REDUCED IT BY HALF, BECAUSE THAT KIND OF DECISION CAN HOLD 00:25:28.410 --> 00:25:32.640 UP PROCESSING CLASS COMPLAINTS. WE NEED TO KNOW WHETHER 00:25:32.670 --> 00:25:35.920 THE CLASS SHOULD OR SHOULD NOT BE CERTIFIED. SO WE ARE 00:25:35.960 --> 00:25:39.810 GOING TO DO THOSE WITHIN 90 DAYS. THERE'S ONE THAT SAYS 00:25:39.840 --> 00:25:43.820 AN EEOC APPELLANT DECISIONS ARE FINAL FOR PURPOSES OF 00:25:43.860 --> 00:25:46.780 FILING CIVIL ACTION, UNLESS TIMELY REQUEST FOR 00:25:46.810 --> 00:25:49.150 RECONSIDERATION IS FILED BY EITHER PARTY. THIS WAS 00:25:49.190 --> 00:25:53.120 OCCASIONED BECAUSE THE COURTS WERE UNCERTAIN WHEN AN 00:25:53.150 --> 00:25:55.540 EMPLOYEE OR COMPLAINT HAD EXHAUSTED ADMINISTRATIVE 00:25:55.580 --> 00:25:57.240 REMEDIES. SO WHAT WE ARE SAYING IS ADMINISTRATIVE 00:25:57.270 --> 00:26:02.710 REMEDIES ARE EXHAUSTED ONCE WE ISSUE THAT INITIAL 00:26:02.750 --> 00:26:08.100 APPELLATE DECISION, AND THE COURTS SHOULD NOT ANTICIPATE 00:26:08.130 --> 00:26:12.110 THAT A REQUEST TO REOPEN WOULD BE FILED OR SAY, OH, I'M 00:26:12.150 --> 00:26:14.590 SORRY. YOU HAVEN'T EXHAUSTED BECAUSE YOU DIDN'T ASK OR 00:26:14.620 --> 00:26:18.410 REQUEST RECONSIDERATION. THERE'S NO REQUIREMENT. THAT'S 00:26:18.450 --> 00:26:23.000 OPTIONAL ON AN EMPLOYEE'S PART. SO YOU DON'T HAVE TO ASK 00:26:23.040 --> 00:26:26.170 FOR RECONSIDERATION. WE WANTED TO MAKE THAT PLAIN, SO 00:26:26.210 --> 00:26:30.860 THAT IF THE PERSON GOES TO COURT AND THE COURT SAYS, WHAT 00:26:30.900 --> 00:26:36.770 ABOUT THIS REQUEST FOR RECONSIDERATION? OUR REGULATION 00:26:36.800 --> 00:26:37.940 NOW SAYS, NO, IT'S FINAL. 00:26:37.980 --> 00:26:41.240 WE ALSO EXTENDED THE TIME IN WHICH AN AGENCY MUST 00:26:41.280 --> 00:26:44.950 PROVIDE RELIEF FROM 60 TO 120 DAYS. THIS TOO IS TIED INTO 00:26:44.990 --> 00:26:47.680 THE RIGHT TO REQUEST A CIVIL ACTION. WE WANTED TO MAKE 00:26:47.710 --> 00:26:51.500 SURE THAT AGENCIES DON'T HAVE TO PROVIDE RELIEF PRIOR TO 00:26:51.540 --> 00:26:54.910 WHEN A COMPLAINT GOES TO COURT, BECAUSE HERE IS WHAT 00:26:54.940 --> 00:26:58.360 HAPPENS: EVEN IF A PERSON GETS A FAVORABLE DECISION, IF 00:26:58.390 --> 00:27:02.350 THEY GO TO COURT AND IF THEY ARE NOT CAREFUL IN THEIR 00:27:02.390 --> 00:27:06.970 PLEADINGS, THE COURT CAN CONSIDER THE UNDERLYING 00:27:07.010 --> 00:27:11.000 ALLEGATION OF DISCRIMINATION ON A DE NOVO BASIS, NOT BOUND 00:27:11.040 --> 00:27:15.930 BY EEOC'S DECISION IF WE ISSUED ONE IN THEIR FAVOR. THEY 00:27:15.960 --> 00:27:19.480 TREAT IT CORRECTLY AND GO IN WITH A WRIT OF MANDAMUS, AND 00:27:19.510 --> 00:27:28.180 THEY SAY: ALL WE WANT YOU TO DO IS AN ORDER SAYING, 00:27:28.220 --> 00:27:29.480 AGENCY, YOU MUST COMPLY WITH EEOC'S DECISION. AS A 00:27:29.520 --> 00:27:32.640 GENERAL RULE, THE COURTS WON'T THEN EXAMINE THE UNDERLYING 00:27:32.680 --> 00:27:35.600 ALLEGATION OR THE MERITS OF THE UNDERLYING ALLEGATION. 00:27:35.630 --> 00:27:38.860 BUT IF YOU DON'T TREAT IT THAT WAY AND THEY JUST FILE IN 00:27:38.900 --> 00:27:43.110 COURT, SOME COURTS DO. AND WHEN THAT HAPPENS -- AND IF 00:27:43.140 --> 00:27:47.560 THE COURT SAY, FOR EXAMPLE, SAYS THERE WAS NO 00:27:47.600 --> 00:27:49.810 DISCRIMINATION, THE AGENCY IS NOW IN THE POSITION OF WHERE 00:27:49.840 --> 00:27:53.910 IT HAS GRANTED RELIEF AND NOW IT'S GOING TO HAVE TO TRY TO 00:27:53.950 --> 00:27:56.810 GET THAT RELIEF BACK FROM THE COMPLAINANT. SO THAT'S WHY 00:27:56.850 --> 00:28:00.610 WE EXTENDED THE TIME TO GRANT RELIEF FROM 60 TO 180 DAYS. 00:28:00.640 --> 00:28:04.330 FINALLY, WE PUT IN A REVISION JUST TO MAKE A 00:28:04.370 --> 00:28:08.110 CLARIFICATION OF THE DIFFERENCE BETWEEN BREACH OF 00:28:08.140 --> 00:28:13.110 SETTLEMENT AND BREACH OF A FINAL DECISION. IF AN AGENCY 00:28:13.140 --> 00:28:17.780 FINDS DISCRIMINATION, AWARDS RELIEF, BUT THEN DOESN'T 00:28:17.810 --> 00:28:21.300 FOLLOW THROUGH ON THAT AWARD, YOU CAN COME TO THE 00:28:21.330 --> 00:28:25.080 COMMISSION AND WE WILL ORDER THE AGENCY TO FIND RELIEF. 00:28:25.120 --> 00:28:31.260 BUT IN A SETTLEMENT, THE COMPLAINANT HAS TWO OPTIONS. 00:28:31.290 --> 00:28:34.880 THEY CAN COME TO EEOC AND SAY, ORDER THE AGENCY TO COMPLY 00:28:34.910 --> 00:28:38.130 WITH THE SETTLEMENT TERMS; OR, IN THE ALTERNATIVE, PUT THE 00:28:38.160 --> 00:28:41.420 COMPLAINT BACK TO WHERE IT WAS WHEN THE SETTLEMENT WAS 00:28:41.450 --> 00:28:45.140 REACHED, IN EFFECT, RESTORE THE STATUS QUO. SO WE WANTED 00:28:45.170 --> 00:28:49.190 TO MAKE THAT DISTINCTION, BECAUSE THERE WAS SOME CONFUSION 00:28:49.220 --> 00:28:50.250 ON THAT. 00:28:50.290 --> 00:28:54.960 AND I JUST WANT TO POINT OUT THE REGULATION. 00:28:54.990 --> 00:28:59.460 THESE Q&AS -- WHICH I THINK ARE VERY GOOD -- ARE ON OUR 00:28:59.490 --> 00:29:01.290 WEB SITE. MD 110 IS IN THE PROCESS OF BEING REVISED. 00:29:01.330 --> 00:29:05.140 THERE ARE WORKING GROUPS WORKING ON IT NOW AS WE SIT HERE, 00:29:05.180 --> 00:29:12.060 AND THAT WILL BE OUT -- WELL, FIRST, ONCE IT'S DRAFTED IT 00:29:12.100 --> 00:29:16.590 WILL BE CIRCULATED TO ALL THE AGENCIES FOR INPUT. ONCE WE 00:29:16.620 --> 00:29:20.040 GET THE AGENCIES' COMMENTS BACK, WE WILL THEN FINALIZE IT 00:29:20.070 --> 00:29:22.720 AND THEN IT WILL BECOME FINAL. SO IT WILL BE ON THE WEB 00:29:22.750 --> 00:29:25.000 SITE. 00:29:25.040 --> 00:29:26.300 NOW I'M READY TO TAKE QUESTIONS. 00:29:26.340 --> 00:29:37.030 >> WE ARE GOING TO USE THE MICROPHONE BECAUSE 00:29:37.060 --> 00:29:43.660 THIS IS BEING RECORDED. SEE THAT SHIELD IN THE ROOM? 00:29:43.700 --> 00:29:46.800 >> I HAVE TWO UNRELATED QUESTIONS. THE FIRST 00:29:46.840 --> 00:29:51.020 QUESTION IS IT DOESN'T APPEAR THAT ANY CHANGES AT THE VERY 00:29:51.060 --> 00:29:55.450 BEGINNING TALKING ABOUT THE COVERAGE TO INCLUDE SEXUAL 00:29:55.480 --> 00:29:58.700 ORIENTATION AND GENDER IDENTITY. THAT'S MY FIRST 00:29:58.730 --> 00:30:02.820 QUESTION. AND THE SECOND QUESTION IS IF THERE'S ANY 00:30:02.860 --> 00:30:06.830 CLARIFICATION ON MIXED CASE PROCESSING. SO IT DOESN'T 00:30:06.870 --> 00:30:09.480 APPEAR TO BE IN THE REGULATIONS. ITS -- GUESS IT'S 110. 00:30:09.510 --> 00:30:15.520 IF YOU COULD CLARIFY THAT SO WE KNOW EXACTLY HOW TO 00:30:15.550 --> 00:30:18.260 PROCESS WHEN WE ARE TO FINISH NOTICE AND INVESTIGATION. 00:30:18.300 --> 00:30:24.280 >> WELL, ON THE SEXUAL ORIENTATION AND IDENTITY, 00:30:24.320 --> 00:30:28.370 THE COMMISSION HAS ISSUED POLICY GUIDANCE ON THIS. AND 00:30:28.400 --> 00:30:33.310 WHAT THEY HAVE SAID, THAT IF SOMEONE THINKS THEY HAVE BEEN 00:30:33.340 --> 00:30:38.130 DISCRIMINATED AGAINST BASED ON SEXUAL IDENTITY, SEXUAL 00:30:38.170 --> 00:30:41.410 ORIENTATION, THEY CAN FILE A CASE OF SEX DISCRIMINATION 00:30:41.440 --> 00:30:45.330 AND WE WILL PROCESS IT AS A CLAIM OF SEX DISCRIMINATION. 00:30:45.370 --> 00:30:49.850 SO THERE'S NO STATUTE WHICH SPECIFICALLY SAYS 00:30:49.880 --> 00:30:52.860 THOSE BASES ARE PROTECTED, BUT IN THE COMMISSION'S OPINION 00:30:52.890 --> 00:30:59.340 THOSE KIND OF ISSUES DO FALL WITHIN THE REALM OF SEX 00:30:59.370 --> 00:31:02.930 DISCRIMINATION. SO THOSE ARE COVERED. AND IF YOU HAVE A 00:31:02.970 --> 00:31:09.720 COMPLAINANT WHO RAISES THOSE ALLEGATIONS, AND LET'S SAY 00:31:09.750 --> 00:31:11.600 YOU ARE PART OF THE -- YOU ARE THE COUNSELOR OR AGENCY 00:31:11.640 --> 00:31:13.720 OFFICIAL WHO DECIDES WHETHER TO ACCEPT THE COMPLAINT, YOU 00:31:13.760 --> 00:31:16.400 SHOULD COUNSEL THE PERSON AND ALLOW THEM TO FILE THE 00:31:16.430 --> 00:31:18.970 COMPLAINT, AND THEN ACCEPT IT AND DEAL WITH IT ON THE 00:31:19.010 --> 00:31:22.220 MERITS AND SEE WHETHER IT DOES CONSTITUTE SEX 00:31:22.250 --> 00:31:25.660 DISCRIMINATION. AND ONE OF THE THINGS I SUGGEST -- I 00:31:25.700 --> 00:31:29.190 DON'T HAVE IT HERE, BUT IT IS ON OUR WEB SITE. OUR VIEW 00:31:29.230 --> 00:31:37.600 ON THIS ISSUE AS MSPB -- I'M NOT QUITE SURE WHAT THE 00:31:37.630 --> 00:31:42.420 ANSWER IS THERE. I'M NOT IN CONTACT WITH THE PEOPLE WHO 00:31:42.450 --> 00:31:45.970 ARE WORKING IN THE WORK GROUPS. THERE ARE A NUMBER OF 00:31:46.010 --> 00:31:49.040 THEM. I DON'T KNOW IF THIS IS AN ISSUE FOR THEM. I WILL 00:31:49.070 --> 00:31:52.420 CERTAINLY RAISE IT. I MEAN, I KNOW PEOPLE WHO ARE IN THE 00:31:52.450 --> 00:31:55.610 WORK GROUP, AND I WILL RAISE IT TO SEE WHETHER THEY 00:31:55.650 --> 00:31:58.540 BELIEVE GREATER CLARIFICATION IS NECESSARY. IF YOU HAVE 00:31:58.570 --> 00:32:06.380 SOME ISSUES IN PARTICULAR, WHAT I WOULD SUGGEST IS E-MAIL 00:32:06.410 --> 00:32:10.870 ME AND I WILL BRING THEM TO THE ATTENTION OF THE WORK 00:32:10.910 --> 00:32:26.410 GROUP. MY E-MAIL IS GARY GARY.HOZEMPA@EEOC.GOV. 00:32:26.440 --> 00:32:32.650 >> AND GARY, JUST SOME CONTEXT IN TERMS OF 110. 00:32:32.680 --> 00:32:36.170 WE ARE REVISING 110 TO INCORPORATE THE NEW RULE CHANGES, 00:32:36.210 --> 00:32:41.280 BUT WE WILL UPDATING 110 THAT NEEDS UPDATING. SO IF YOU 00:32:41.320 --> 00:32:44.820 SEND GARY OR SOMEONE AN E-MAIL, IT WILL BE CONSIDERED. 00:32:44.860 --> 00:32:47.800 NOTHING THAT WILL MODIFY THE REGULATIONS, BUT ANYTHING 00:32:47.830 --> 00:32:50.980 THAT WILL HELP CLARIFY EXISTING REGULATIONS. IT'S 00:32:51.020 --> 00:32:53.530 SOMETHING THAT WE ARE LOOKING AT IN TERMS OF MD 110 00:32:53.570 --> 00:32:55.080 UPDATES. 00:32:55.120 --> 00:33:03.480 >> THIS IS A COUPLE OF QUESTIONS IN TERMS OF 00:33:03.510 --> 00:33:08.100 DIGITAL SUBMISSION. WHAT KINDS OF THINGS ARE ACCEPTABLE? 00:33:08.140 --> 00:33:10.480 I KNOW THERE'S CD FORMAT. ARE THERE OTHER FORMATS? 00:33:10.510 --> 00:33:15.720 >> YES. NOW, AGAIN, THIS IS GOING TO BE SPELLED 00:33:15.750 --> 00:33:19.920 OUT IN MD 110, BUT MY UNDERSTANDING NOW IS THAT OFFICE OF 00:33:19.960 --> 00:33:22.650 FEDERAL OPERATIONS ALREADY ACCEPTS SUBMISSIONS ON CD'S. 00:33:22.680 --> 00:33:27.190 PASSWORD PROTECTED FILES THAT ARE PUT ON A CD. THEN MAIL 00:33:27.220 --> 00:33:33.470 THEM TO OFO. WE ALSO HAVE A PORT THAT IS DESIGNED TO 00:33:33.510 --> 00:33:39.730 ACCEPT DIGITAL SUBMISSIONS, AND YOU HAVE TO CONTACT OFO TO 00:33:39.760 --> 00:33:46.310 FIND OUT HOW TO ACCESS THAT PORTAL. I ALSO KNOW OF 00:33:46.340 --> 00:33:48.620 AGENCIES THAT MAKE THEIR FILES AVAILABLE ON THEIR OWN WEB 00:33:48.650 --> 00:33:52.520 SITES. THEY ARE PASSWORD PROTECTED. THEY PROVIDE OFO 00:33:52.550 --> 00:33:57.990 WITH THE PASSWORD, AND THEN WE CAN GO AND RETRIEVE THEM. 00:33:58.030 --> 00:34:01.550 THEY UPLOAD THEM TO THE WEB SITE, AND THEN WE GO RETRIEVE 00:34:01.580 --> 00:34:05.500 THEM BY USING THE PASSWORD THEY GIVE US. AND THOSE ARE 00:34:05.540 --> 00:34:07.300 THE ONES I'M AWARE OF OFF THE TOP OF MY HEAD. AND THERE 00:34:07.340 --> 00:34:11.210 PROBABLY ARE OTHER MEANS. WE WANTED TO MAKE IT AS 00:34:11.240 --> 00:34:15.740 FLEXIBLE AS POSSIBLE. I THINK THAT THE PREFERRED METHOD 00:34:15.780 --> 00:34:18.440 WILL BE THIS PORTAL, AND HOPEFULLY AGENCIES -- ALL 00:34:18.480 --> 00:34:21.930 AGENCIES WILL BE ABLE TO USE IT. BUT I DON'T KNOW THE INS 00:34:21.970 --> 00:34:23.080 AND OUTS OF IT. 00:34:23.120 --> 00:34:27.070 >> NOW, IN TERMS OF GIVING A COPY TO THE 00:34:27.100 --> 00:34:30.490 COMPLAINANT, DOES THAT HAVE TO BE DONE DIGITALLY AS WELL? 00:34:30.520 --> 00:34:37.610 >> THE ANSWER IS NO, AND BECAUSE THE REGULATION 00:34:37.650 --> 00:34:41.030 ONLY PROVIDES THAT DIGITAL SUBMISSIONS BE MADE TO OFO. 00:34:41.060 --> 00:34:47.970 HOWEVER, IF THE COMPLAINANT IS CAPABLE OF RECEIVING 00:34:48.010 --> 00:34:52.210 DIGITAL SUBMISSIONS AND IF THE COMPLAINANT AGREES TO DO 00:34:52.250 --> 00:34:55.900 SO, EEOC DOES NOT HAVE A PROBLEM WITH AN AGENCY DOING 00:34:55.940 --> 00:35:01.780 THAT. YOU HAVE TO REALIZE, NOT EVERY COMPLAINANT HAS A 00:35:01.810 --> 00:35:03.640 COMPUTER OR HAS A MEANS BY WHICH IT CAN READ A DIGITAL 00:35:03.680 --> 00:35:08.870 FILE. SO THEY MAY BE LIMITED. SO YOU WILL HAVE TO 00:35:08.910 --> 00:35:11.310 PROVIDE THE COMPLAINANT WITH THE HARD COPY. YOU CAN 00:35:11.340 --> 00:35:14.070 CERTAINLY ASK THEM IF THEY ARE WILLING TO ACCEPT. IF THEY 00:35:14.100 --> 00:35:15.890 SAY YES, FEEL FREE. WE DON'T HAVE A PROBLEM WITH THAT AT 00:35:15.930 --> 00:35:20.580 ALL. 00:35:20.620 --> 00:35:23.710 I HAVE A QUESTION ABOUT DISMISSING A 00:35:23.750 --> 00:35:25.910 COMPLAINT THAT CHALLENGES A PROPOSED ACTION. TWO 00:35:25.940 --> 00:35:29.600 QUESTIONS. I'M CURIOUS AS TO THE HISTORY AND HOW THIS 00:35:29.630 --> 00:35:31.970 BUBBLED UP. THAT'S QUESTION NUMBER ONE. 00:35:32.010 --> 00:35:34.080 QUESTION NUMBER TWO. IF AN AGENCY HAS ALREADY 00:35:34.110 --> 00:35:41.600 ACCEPTED A BASIS CHALLENGED OR PROPOSED ACTION AND THEY 00:35:41.630 --> 00:35:44.460 ACCEPT IT UNDER HOSTILE WORK ENVIRONMENT OR TANGIBLE 00:35:44.490 --> 00:35:48.620 EMPLOYMENT ACTION, IS THIS RETROACTIVE? IS THIS --? 00:35:48.660 --> 00:35:53.460 THIS IS INTERESTING. IF YOU LOOK AT THE 00:35:53.500 --> 00:35:54.820 QUESTIONS AND ANSWERS, WE DO DISCUSS SOME OF THE -- IN THE 00:35:54.860 --> 00:35:58.430 CONTEXT OF THE EFFECTIVE DATES, I THINK THIS IS THE LAST 00:35:58.470 --> 00:36:03.960 QUESTION IN THAT QUESTION OF HOW THESE REGULATIONS WILL 00:36:04.000 --> 00:36:07.630 COME INTO PLAY WITH RESPECT TO PENDING COMPLAINTS, NEW 00:36:07.670 --> 00:36:10.150 COMPLAINTS, PRIOR COMPLAINTS. 00:36:10.190 --> 00:36:14.770 NOW, THIS THING ABOUT PROPOSED ACTIONS ALLEGED TO 00:36:14.800 --> 00:36:18.210 BE RETALIATORY, THE COMMISSION'S POSITION IS THAT THAT HAS 00:36:18.250 --> 00:36:21.830 BEEN COMMISSION POSITION BEFORE THIS REGULATION WAS 00:36:21.860 --> 00:36:26.220 ISSUED. WE HAVE OFO DECISIONS THAT STATE THAT AGENCIES 00:36:26.260 --> 00:36:31.520 MUST ACCEPT THESE TYPES OF COMPLAINTS THAT ALLEGE THAT A 00:36:31.560 --> 00:36:34.650 PROPOSAL OR PRELIMINARY STATUTE IS RETALIATORY. SO, 00:36:34.680 --> 00:36:38.260 THEREFORE, IF YOU HAVEN'T BEEN ACCEPTING THEM, YOU SHOULD 00:36:38.300 --> 00:36:40.930 HAVE BEEN ACCEPTING THEM BECAUSE THERE WAS COMMISSION 00:36:40.970 --> 00:36:43.640 PRECEDENT OUT THERE SAYING YOU SHOULD DO SO. SO IT'S NOT 00:36:43.680 --> 00:36:46.870 A QUESTION OF THE REGULATION BEING RETROACTIVE SUCH THAT 00:36:46.900 --> 00:36:52.570 THERE'S BEEN A POLICY SINCE THE BURLINGTON NORTHERN THE 00:36:52.610 --> 00:36:57.760 SUPREME COURT CASE WAS DECIDED IN 2006. 00:36:57.800 --> 00:37:01.570 NOW, BURLINGTON -- I'LL GIVE YOU THE CITE. 548 00:37:01.600 --> 00:37:10.930 US 53, 2006. AND WHAT BURLINGTON NORTHERN -- WHAT 00:37:10.970 --> 00:37:14.820 HAPPENED, WHAT IT SAID IS THAT WITH RESPECT TO RETALIATION 00:37:14.860 --> 00:37:22.220 WHAT CAN CONSTITUTE RETALIATION (INAUDIBLE) LONGER THAN 00:37:22.250 --> 00:37:25.290 WHAT CAN CONSTITUTE DISCRIMINATION. WHAT IT REALLY COMES 00:37:25.320 --> 00:37:28.670 DOWN TO IS WHATEVER THE EMPLOYER HAS DONE HAS A CHILLING 00:37:28.710 --> 00:37:34.860 EFFECT ON AN EMPLOYEE'S ABILITY OR WILLINGNESS TO FILE A 00:37:34.890 --> 00:37:40.840 COMPLAINT. SO IT WENT FURTHER AND SAID IT DOESN'T EVEN 00:37:40.880 --> 00:37:43.970 HAVE TO BE AN EMPLOYMENT-BASED ACTION. YOU CAN HAVE A 00:37:44.000 --> 00:37:48.630 SUPERVISOR WHO MAKES PRANK CALLS TO A COMPLAINANT AT THEIR 00:37:48.660 --> 00:37:52.650 HOME. THAT HAS NOTHING TO DO WITH THE WORKPLACE, AND YET 00:37:52.690 --> 00:37:55.400 THE SUPREME COURT HAS SAID THAT TYPE OF ACTION COULD BE 00:37:55.430 --> 00:37:59.940 RETALIATORY BECAUSE IT COULD DISSUADE A REASONABLE PERSON 00:37:59.970 --> 00:38:03.560 IN HIS EEO RIGHTS AND ALL CONTEXT MATTERS, MUCH LIKE IT 00:38:03.600 --> 00:38:07.750 DOES IN SEXUAL HARASSMENT. 00:38:07.780 --> 00:38:12.450 BUT THAT'S THE BASIS OF WHY WE WENT THIS WAY IN 00:38:12.490 --> 00:38:15.480 OUR REGULATION, WHY WE WENT THAT WAY IN OUR APPELLATE 00:38:15.520 --> 00:38:18.760 DECISION. AND THIS HAS BEEN OUR POLICY SINCE BURLINGTON 00:38:18.790 --> 00:38:22.610 NORTHERN WAS CITED IN THE PRIVATE SECTOR. SO WE HAVE BEEN 00:38:22.650 --> 00:38:27.070 APPLYING BURLINGTON NORTHERN IN THE PRIVATE SECTOR SINCE 00:38:27.110 --> 00:38:31.520 2006, AND WHAT WE WANTED TO DO IS SAY THE SAME PROTECTIONS 00:38:31.560 --> 00:38:36.450 ENJOYED BY PRIVATE SECTOR EMPLOYEES SHOULD BE ENJOYED BY 00:38:36.480 --> 00:38:38.970 FEDERAL SECTOR EMPLOYEES. WE SAW NO REASON TO DISTINGUISH 00:38:39.010 --> 00:38:42.690 THE TWO. 00:38:42.730 --> 00:38:46.460 SO, AGAIN, YOU ARE LOOKING AT THE PROPOSED 00:38:46.500 --> 00:38:52.030 ACTION: DOES IT HAVE -- IS, WOULD IT AFFECT A REASONABLE 00:38:52.060 --> 00:38:56.710 PERSON FROM OR DISSUADE A REASONABLE PERSON FROM 00:38:56.740 --> 00:38:59.300 EXERCISING HIS OR HER EEO RIGHTS? 00:38:59.330 --> 00:39:03.910 >> DO WE HAVE ANY IDEA WHEN THE MD 110 REVISIONS 00:39:03.940 --> 00:39:06.120 WILL BE FINALIZED? 00:39:06.160 --> 00:39:08.050 >> I DO NOT. I KNOW THEY ARE WORKING ON IT. 00:39:08.090 --> 00:39:10.720 DEXTER MIGHT HAVE SOME INFORMATION. 00:39:10.750 --> 00:39:16.190 >> THE MD 110 -- SO OUR GOAL IS TO HAVE IT OUT 00:39:16.220 --> 00:39:21.280 FOR PUBLIC COMMENT SOMETIME IN EARLY NOVEMBER. AND SO 00:39:21.310 --> 00:39:26.300 FROM THERE, THEN IT GOES TO THE COMMISSION VOTE. SO YOU 00:39:26.330 --> 00:39:30.100 WILL SEE SOME VERSION OF A DRAFT IN NOVEMBER. AND WE WILL 00:39:30.130 --> 00:39:36.570 HAVE STAKEHOLDER MEETINGS SIMILAR TO THIS ONE ON THE 00:39:36.610 --> 00:39:38.550 DRAFTS SO WE CAN GET COMMENTS AND INPUT FROM THE PUBLIC, 00:39:38.590 --> 00:39:42.070 SO WE WILL HAVE AT LEAST TWO STAKEHOLDER BRIEFINGS IN 00:39:42.110 --> 00:39:44.710 NOVEMBER -- PROBABLY THE BEGINNING OF NOVEMBER AND 00:39:44.750 --> 00:39:46.370 PROBABLY AT THE END OF NOVEMBER BEFORE THANKSGIVING. 00:39:46.400 --> 00:39:58.780 >> WITH RESPECT TO THE REGULATION THAT NOW IS 00:39:58.810 --> 00:40:01.180 GOING TO REQUIRE NOTICE IF THE INVESTIGATION ISN'T 00:40:01.220 --> 00:40:05.420 COMPLETED WITHIN 180 DAYS, WILL THAT NOTICE STILL HAVE TO 00:40:05.450 --> 00:40:08.880 BE SENT OUT IN CASES WHERE THE COMPLAINT WAS AMENDED 00:40:08.910 --> 00:40:12.370 DURING THE COURSE OF THE INVESTIGATION? 00:40:12.400 --> 00:40:14.060 >> NO. WHAT THE REGULATION STATES IS THAT IT 00:40:14.090 --> 00:40:20.410 INCLUDES ANY APPLICABLE EXTENSIONS. SO IF A PERSON AMENDS 00:40:20.450 --> 00:40:24.970 THEIR COMPLAINT, IF I RECALL THE REGULATION CORRECTLY, IT 00:40:25.010 --> 00:40:26.890 THEN STATES THAT THE INVESTIGATION MUST BE COMPLETED 00:40:26.920 --> 00:40:31.840 WITHIN 360 DAYS. SO IF THAT OCCURS, THE PERSON AMENDS 00:40:31.880 --> 00:40:35.870 THEIR COMPLAINT, THE INVESTIGATION HASN'T BEEN COMPLETED 00:40:35.910 --> 00:40:39.090 AFTER 360 DAYS, THAT'S WHEN YOU SEND OUT THE NOTICE. AND 00:40:39.120 --> 00:40:42.510 THE REGULATION STATES THAT -- IT SAYS, AT THE END OF 180 00:40:42.550 --> 00:40:45.980 DAYS PLUS ANY APPLICABLE EXTENSION. AND ALSO, YOU CAN GET 00:40:46.020 --> 00:40:51.430 -- THE COMPLAINANT CAN AGREE TO AN EXTENSION OF UP TO 90 00:40:51.460 --> 00:40:55.990 DAYS, BUT PRIOR TO WHEN THE 180 DAYS EXPIRES. SO IF YOU 00:40:56.020 --> 00:41:01.630 GET THAT AGREEMENT FROM A COMPLAINANT, NOW YOU ARE LOOKING 00:41:01.660 --> 00:41:02.760 AT UP TO 240? 00:41:02.800 --> 00:41:06.520 >> 270. THAT'S RIGHT. SO THAT WOULDN'T -- YOUR 00:41:06.550 --> 00:41:11.100 TRIGGER DATE WOULD BE THE 270TH DAY. 00:41:11.130 --> 00:41:19.280 >> CLARIFICATION ON THE 360 TO COMPLETE THE 00:41:19.320 --> 00:41:25.340 INVESTIGATION. DOES THAT MEAN THAT WE WOULD ACTUALLY HAVE 00:41:25.380 --> 00:41:29.060 TO HAVE A REPORT OF THE INVESTIGATION IN HAND BY THAT 00:41:29.100 --> 00:41:35.020 DEADLINE, OR JUST TO HAVE COMPLETED THE ACTUAL 00:41:35.060 --> 00:41:36.170 INVESTIGATION ITSELF? 00:41:36.200 --> 00:41:38.220 >> WHAT WE CONTEMPLATE IS THAT YOU ARE GOING TO 00:41:38.250 --> 00:41:40.540 GIVE THE EMPLOYEE THE REPORT OF INVESTIGATION, THAT IT IS 00:41:40.570 --> 00:41:45.870 READY TO BE HANDED TO THE PERSON. NOW, I'M SAYING THAT. 00:41:45.910 --> 00:41:52.130 BUT, AGAIN, IT MAY HAVE A DIFFERENT INSTRUCTION IN MD 110 00:41:52.160 --> 00:41:55.950 SO I DON'T WANT YOU TO HOLD ME TO THAT. MY UNDERSTANDING 00:41:55.980 --> 00:42:00.160 IS THAT'S WHAT WAS CONTEMPLATED WHEN THE REGULATION WAS 00:42:00.200 --> 00:42:03.460 DRAFTED. IT MAY BE AFTER THIS WORK GROUP GOES THROUGH THE 00:42:03.500 --> 00:42:07.870 MD 110, IT MAY SAY, WELL, IF THEY CAN CERTIFY IT'S 00:42:07.900 --> 00:42:11.790 COMPLETED, NOW ALL THEY HAVE TO DO IS TYPE IT UP AND 00:42:11.820 --> 00:42:13.420 EVERYTHING, THAT MAY BE SUFFICIENT. BUT I DON'T KNOW. 00:42:13.460 --> 00:42:16.930 RIGHT NOW, MY UNDERSTANDING IS, READY TO HAND IT TO THEM. 00:42:16.970 --> 00:42:22.430 >> I JUST WANTED TO GO BACK TO THE QUESTION 00:42:22.460 --> 00:42:26.100 ABOUT THE CONFUSION CONCERNING MISSED CASES, AND I WANTED 00:42:26.130 --> 00:42:29.890 TO MAKE SURE THAT WE HAVE A CONSENSUS ABOUT WHAT THAT 00:42:29.930 --> 00:42:36.700 CONFUSION IS. THE PROBLEM AS I SEE IT IS, BECAUSE MSPB 00:42:36.740 --> 00:42:45.800 THREW OUT THE ABILITY OF US TO DO ANY TYPE OF BASIS BASED 00:42:45.840 --> 00:42:50.660 ON BIVENS AND WHETHER THESE CASES WERE INEXTRICABLY 00:42:50.690 --> 00:42:53.820 INTERTWINED. SO WE ARE DEALING WITH WHAT WOULD BE THE 00:42:53.850 --> 00:43:01.530 PURE MSPB MATTER AND WHAT COULD POSSIBLY HAVE BEEN, LIKE, 00:43:01.560 --> 00:43:07.010 TANGENTIAL ISSUES AND SO FORTH. WE ARE SENDING THOSE TO 00:43:07.050 --> 00:43:13.000 EEOC WHILE THE PURE MSPB MATTER STAYS AT MSPB. BUT 00:43:13.030 --> 00:43:17.280 EVERYTHING IS INEXTRICABLY INTERTWINED. 00:43:17.310 --> 00:43:21.220 SO I THINK, FOR MYSELF, THE CURE WOULD BE FOR 00:43:21.260 --> 00:43:24.740 THAT DOCUMENT TO BE RESURRECTED. BUT I KNOW THAT'S 00:43:24.780 --> 00:43:27.360 PROBABLY NOT LIKELY TO HAPPEN. BUT ISN'T THAT WHAT YOU 00:43:27.390 --> 00:43:31.530 WERE TALKING ABOUT? IS THAT WHAT YOU WERE REFERRING TO 00:43:31.570 --> 00:43:34.440 WITH NEEDING CLARIFICATION? 00:43:34.480 --> 00:43:40.280 >> WELL, THAT'S PART OF IT. NOT NECESSARILY 00:43:40.310 --> 00:43:45.960 WHY. BUT THE ISSUE WAS, YEARS AGO WE USED TO BELIEVE THAT 00:43:45.990 --> 00:43:51.130 AGENCIES HAD TO ISSUE THE FINAL AGENCY DECISION AT 120 00:43:51.170 --> 00:43:55.300 DAYS AFTER FILING INVESTIGATION AND 45 DAYS TO ISSUE THE 00:43:55.340 --> 00:43:59.040 DECISION. SEVERAL YEARS AGO WE GOT A STATUS FROM EEOC 00:43:59.070 --> 00:44:03.090 THAT: NO, AGENCIES, YOU MISINTERPRETED THAT. YOU PROCESS 00:44:03.120 --> 00:44:10.700 ALL CASES LIKE -- MEANING YOU HAD 180 DAYS TO ISSUE THE 00:44:10.740 --> 00:44:13.710 AND THEN 120 DAYS TO ISSUE THE FDA AFTER THAT. THERE'S NO 00:44:13.740 --> 00:44:16.160 REQUEST FOR HEARING, OBVIOUSLY. BUT AT 120 DAYS WE HAD TO 00:44:16.200 --> 00:44:20.420 ISSUE NOTICE TO THE INDIVIDUAL'S RIGHT TO GO TO MSPB. AND 00:44:20.460 --> 00:44:35.070 THAT'S WHY THE CONFUSION. 00:44:35.100 --> 00:44:40.170 >> I'M NOT AWARE OF THAT. IF THAT'S THE CASE, 00:44:40.210 --> 00:44:44.070 THEN THAT'S SOMETHING THAT HAS OCCURRED AFTER I WAS 00:44:44.100 --> 00:44:47.510 DEALING WITH MIXED CASES. MY UNDERSTANDING ALWAYS WAS THE 00:44:47.550 --> 00:44:51.070 AGENCY WAS TO ISSUE A DECISION AFTER 120 DAYS. IF -- SO I 00:44:51.100 --> 00:44:57.220 WOULD HAVE TO GO BACK AND SEE OR FIND OUT WHETHER OFO HAS 00:44:57.250 --> 00:45:01.320 SOMEHOW MODIFIED THAT, ALTHOUGH I DON'T SEE HOW THEY CAN. 00:45:01.350 --> 00:45:03.910 >> WE CAN TALK ABOUT THAT OFF LINE, BECAUSE IT'S 00:45:03.950 --> 00:45:08.680 120 DAYS TO COMPLETE. YOU ARE TALKING ABOUT THE BOARD'S 00:45:08.710 --> 00:45:10.400 PROCESS. 00:45:10.440 --> 00:45:17.640 >> HER QUESTION IS GOOD. I WOULD RATHER PUT IT 00:45:17.670 --> 00:45:21.040 IN WRITING. IT'S NOT IN THIS REG CHANGE. IT'S SOMETHING 00:45:21.080 --> 00:45:24.850 THAT MAYBE CAN BE CLARIFIED THROUGH THE ANALYSIS OF A 00:45:24.880 --> 00:45:28.120 CASE, AND WE WILL UPDATE THE DIRECTIVE IF THERE IS A CASE. 00:45:28.160 --> 00:45:30.350 >> THAT IS REALLY A COMPLEX ISSUE. I KNOW WHAT 00:45:30.380 --> 00:45:35.420 YOU ARE TALKING ABOUT, WHERE THE MSPB MIGHT SAY WE ARE 00:45:35.460 --> 00:45:38.450 DEALING WITH THE APPEALABLE ACTION. AND THIS STUFF ISN'T 00:45:38.480 --> 00:45:41.860 APPEALABLE TO US, SO WE DON'T HAVE TO CONSIDER IT EVEN 00:45:41.900 --> 00:45:45.300 THOUGH IT MIGHT BE OVERLOAD TO WHETHER THE APPEALABLE 00:45:45.330 --> 00:45:49.070 ACTION WAS DISCRIMINATORY, AND HOW DO YOU DEAL WITH THAT. 00:45:49.110 --> 00:45:55.530 AND MAYBE THAT'S GOING TO REQUIRE MORE COORDINATION 00:45:55.570 --> 00:45:59.720 BETWEEN EEOC AND MSPB. I DON'T KNOW. 00:45:59.760 --> 00:46:04.250 >> CAN YOU DEFINE WHAT IT MEANS BY THE APPEALS 00:46:04.280 --> 00:46:07.140 SETTLEMENT AGREEMENT? 00:46:07.170 --> 00:46:09.030 >> SAY THAT AGAIN? 00:46:09.070 --> 00:46:11.110 >> IN THERE IT SAYS A REVISION WHICH 00:46:11.150 --> 00:46:14.170 DISTINGUISHES APPEALS AND SETTLEMENT AGREEMENTS. WHAT 00:46:14.200 --> 00:46:17.830 DOES THAT MEAN? 00:46:17.860 --> 00:46:19.430 >> WHAT HAPPENS IS A COMPLAINANT AND AGENCY 00:46:19.460 --> 00:46:23.310 SETTLE A COMPLAINT, SO THERE'S NO FINAL AGENCY DECISION, 00:46:23.350 --> 00:46:27.770 THERE'S BEEN NO APPEAL TO EEOC. AND LET'S SAY THAT 00:46:27.810 --> 00:46:33.040 SETTLEMENT AGREEMENT IS THAT THE AGENCY AGREES TO PROMOTE 00:46:33.080 --> 00:46:37.280 THE INDIVIDUAL WITHIN 60 DAYS. 60 DAYS GOES BY AND THE 00:46:37.310 --> 00:46:44.600 PERSON HASN'T BEEN PROMOTED. THEY THEN HAVE THE RIGHT, 00:46:44.640 --> 00:46:48.840 UNDER OUR REGULATIONS, TO APPEAL TO EEOC AND ALLEGE BREACH 00:46:48.880 --> 00:46:51.560 OF SETTLEMENT AGREEMENT. AND WHEN THEY DO THAT, EEOC CAN 00:46:51.600 --> 00:46:57.280 ORDER RELIEF IN ONE OF TWO WAYS: EITHER ORDER THE AGENCY 00:46:57.310 --> 00:47:03.780 TO COMPLY WITH THE AGREEMENT. YOU AGREED TO DO THIS, SO 00:47:03.810 --> 00:47:09.970 DO IT. OR, IF THE COMPLAINANT PREFERS, IT CAN ORDER THAT 00:47:10.000 --> 00:47:13.340 THE INITIAL UNDERLYING COMPLAINT BE REINSTATED AT THE 00:47:13.380 --> 00:47:15.250 POINT THE PROCESS CEASED AND THE SETTLEMENT WAS BREACH. 00:47:15.290 --> 00:47:17.670 SO IN EFFECT YOU JUST GO BACK TO WHERE WE NULL OUT THE -- 00:47:17.700 --> 00:47:20.970 WE MAKE THE SETTLEMENT NULL AND VOID, AND NOW YOU ARE BACK 00:47:21.010 --> 00:47:23.890 IN THE EEO COMPLAINT PROCESS PURSUING YOUR COMPLAINT. 00:47:23.930 --> 00:47:28.550 >> SO THAT MEANS THAT THE COMPLAINANT WOULD GO 00:47:28.590 --> 00:47:33.930 RIGHT TO EEOC, AND THEY DON'T HAVE TO GO TO THE AGENCY AND 00:47:33.970 --> 00:47:35.720 SAY, MY SETTLEMENT AGREEMENT WAS BREACHED? 00:47:35.750 --> 00:47:38.680 >> THEY ARE SUPPOSED TO GO TO THE AGENCY FIRST. 00:47:38.710 --> 00:47:41.540 THAT IS UNDER THE REGULATION AS WELL. AND I SHOULD 00:47:41.580 --> 00:47:44.120 HAVE -- LET ME CORRECT MYSELF. THEY SHOULD GO TO THE 00:47:44.160 --> 00:47:48.220 AGENCY FIRST AND SAY: YOU ARE NOT IN COMPLIANCE WITH THE 00:47:48.260 --> 00:47:51.190 SETTLEMENT AGREEMENT. YOU NEED TO BE IN COMPLIANCE. WHAT 00:47:51.220 --> 00:47:53.370 ARE YOU GOING TO DO? AND THEN THE AGENCY SAYS -- AND IT 00:47:53.410 --> 00:47:55.330 DEPENDS WHAT THE AGENCY SAYS. IF THE AGENCY SAYS NOTHING, 00:47:55.360 --> 00:47:58.910 AFTER A REASONABLE PERIOD OF TIME THE PERSON CAN FILE AN 00:47:58.950 --> 00:48:01.610 APPEAL WITH EEOC, AND WE MOST LIKELY WILL ACCEPT THAT 00:48:01.650 --> 00:48:04.490 APPEAL IF THE AGENCY IS SILENT. AND THE PERSON ISN'T 00:48:04.520 --> 00:48:09.560 EXPECTED TO BADGER THE AGENCY FOR A RESPONSE. USUALLY THE 00:48:09.600 --> 00:48:13.340 AGENCY WILL RESPOND AND THEY WILL SAY: IT'S TAKEN US 00:48:13.370 --> 00:48:17.590 LONGER WE WILL DO IT WITHIN 90 DAYS. AND EVEN THEN, THE 00:48:17.630 --> 00:48:21.680 COMPLAINANT CAN STILL APPEAL TO US. I'M NOT SURE WHAT WE 00:48:21.720 --> 00:48:25.080 WOULD DO IN THAT CASE, ESPECIALLY IF THE PERSON IS THEN 00:48:25.110 --> 00:48:31.030 PROMOTED WITHIN THAT 90-DAY PERIOD WHILE HIS APPEAL IS 00:48:31.070 --> 00:48:36.370 PENDING. THEN WE WOULD JUST MOOT IT OUT. 00:48:36.400 --> 00:48:37.590 BUT THAT'S HOW IT'S SUPPOSED TO WORK. FIRST GO 00:48:37.630 --> 00:48:39.060 TO THE AGENCY. AND IF YOU DON'T GET SATISFACTION, COME TO 00:48:39.090 --> 00:48:40.410 US. 00:48:40.440 --> 00:48:42.470 >> ANY OTHER QUESTIONS? 00:48:42.510 --> 00:48:48.600 >> TODD WORKS IN THE OFFICE OF FEDERAL 00:48:48.640 --> 00:48:50.880 OPERATIONS, SO. 00:48:50.910 --> 00:48:56.900 >> SO MY QUESTION IS, YOU ARE SAYING THE 00:48:56.930 --> 00:48:59.400 REGULATION SAYS THAT THE COMPLAINANT HAS A CHOICE OF 00:48:59.430 --> 00:49:03.690 ASKING FOR EITHER COMPLIANCE OR GETTING THEIR COMPLAINT 00:49:03.720 --> 00:49:09.420 REINSTATED. BUT I ASSUME THAT -- I DIDN'T READ THE 00:49:09.460 --> 00:49:13.660 REVISED REGULATION RECENTLY. BUT YOU ARE SAYING IT DRAWS 00:49:13.700 --> 00:49:16.890 THAT DISTINCTION IN THE REVISED REG? 00:49:16.920 --> 00:49:17.980 >> YES. 00:49:18.020 --> 00:49:23.000 >> SO IS THERE -- WHEN THE CASES COME UP, I WAS 00:49:23.040 --> 00:49:26.310 WONDERING WHETHER THERE'S SOME ANTICIPATION THAT OFO COULD 00:49:26.350 --> 00:49:29.580 WEIGH THE EQUITY. SO, FOR EXAMPLE, IF YOU HAVE A 00:49:29.620 --> 00:49:32.390 SETTLEMENT AGREEMENT, LIKE THREE OR FOUR THINGS -- LIKE 00:49:32.430 --> 00:49:36.600 THE COMPLAINANT GOT $10,000 BUT HE GOT HIS PROMOTION IN 90 00:49:36.630 --> 00:49:42.710 DAYS VERSUS 60, LET'S SAY, IS THE REGULATION SAYING WE 00:49:42.740 --> 00:49:47.000 CAN'T LOOK AT THE EQUITY, WE HAVE TO FOLLOW WHAT THE 00:49:47.030 --> 00:49:49.860 COMPLAINANT SAYS? OR CAN WE SAY, WELL, GEEZ, HE GOT THE 00:49:49.890 --> 00:49:53.770 10,000. IT WAS 30 DAYS LATE. WE ARE JUST GOING TO 00:49:53.800 --> 00:49:55.680 IMPLEMENT BECAUSE THAT'S MORE EQUITABLE? OR, NO. 00:49:55.710 --> 00:49:58.980 WHATEVER THE COMPLAINANT ASKS FOR, WE HAVE TO BE LIKE A 00:49:59.010 --> 00:50:00.190 ROBOT AND DO THAT? 00:50:00.230 --> 00:50:01.870 >> I DON'T KNOW. BECAUSE THAT IS REALLY A 00:50:01.900 --> 00:50:06.790 DECISION FOR THE OFFICE OF FEDERAL OPERATIONS TO MAKE IN A 00:50:06.830 --> 00:50:09.210 GIVEN CASE. AND IT MAY -- THERE'S -- 00:50:09.250 --> 00:50:13.940 I WENT TO LAW SCHOOL, AND I REMEMBER THIS 00:50:13.980 --> 00:50:18.370 PROFESSOR SAYING: YOU KNOW, IN LAW THERE ARE NO 00:50:18.410 --> 00:50:21.410 ABSOLUTES. FOR EVERY RULE THERE'S AN EXCEPTION, AND THEN 00:50:21.440 --> 00:50:24.350 THERE ARE EXCEPTIONS TO THE EXCEPTION. 00:50:24.380 --> 00:50:26.760 SO I NEVER WANT TO SAY, YEAH, THIS IS THE WAY 00:50:26.790 --> 00:50:30.410 IT'S ALWAYS GOING TO BE, BECAUSE YOU NEVER KNOW. IF THE 00:50:30.440 --> 00:50:34.120 RIGHT CASE COMES UP, OFO MAY WELL SAY EXACTLY WHAT YOU ARE 00:50:34.160 --> 00:50:38.900 SUGGESTING; THAT, NO, WE ARE GOING TO OVERLOOK THE FACT 00:50:38.930 --> 00:50:40.370 THAT THEY DID IT IN 100 DAYS RATHER THAN 90 DAYS. ON THE 00:50:40.410 --> 00:50:44.050 OTHER HAND, THEY MAY SAY, NO, 50 DAYS MEANS 50 DAYS. I 00:50:44.090 --> 00:50:46.650 DON'T KNOW. I THINK THAT HAS TO AWAIT OFO. THAT'S GOING 00:50:46.680 --> 00:50:52.750 TO BE THEIR CALL. 00:50:52.790 --> 00:50:58.240 >> KIND OF SEEMS TO ME WE ARE MAKING MORE OUT OF 00:50:58.280 --> 00:51:02.980 THE PROBLEM THAN NEEDS TO BE; BECAUSE IF THAT WERE TO 00:51:03.010 --> 00:51:05.890 HAPPEN WITH OUR SITUATION, I WOULD SIMPLY SUGGEST THAT THE 00:51:05.920 --> 00:51:11.440 COMPLAINANT BE GIVEN A NOTICE THAT WE ARE TARDY IN GETTING 00:51:11.480 --> 00:51:14.710 THIS DONE, BUT IT'S GOING TO BE RETROACTIVE TO THE AGREED 00:51:14.750 --> 00:51:16.960 UPON DATE. 00:51:17.000 --> 00:51:18.520 >> AND THAT'S A VERY GOOD POINT. LET'S SAY IT 00:51:18.550 --> 00:51:22.800 IS RETROACTIVE PROMOTIONS AND THEY WAIT 100 DAYS WHEN THEY 00:51:22.830 --> 00:51:27.610 ARE SUPPOSED TO DO IT IN 50. CLEARLY, THE COMPLAINANT IS 00:51:27.640 --> 00:51:31.030 ENTITLED TO 50 DAYS BACK PAY, BECAUSE THEY WERE SUPPOSED 00:51:31.070 --> 00:51:36.180 TO DO IT IN 50 DAYS AND WAITED 100. IF THEY APPEALED TO 00:51:36.210 --> 00:51:40.080 US, IT WOULD MAKE SENSE THAT, OKAY, THIS IS FINE. EXCEPT 00:51:40.120 --> 00:51:43.360 FOR THE FACT THAT THE AGENCY NOW OWES HIM 50 DAYS OF BACK 00:51:43.400 --> 00:51:48.460 PAY BECAUSE YOU DIDN'T KEEP YOUR PROMISE. SO THAT WOULD 00:51:48.500 --> 00:51:51.260 MAKE PERFECT SENSE. 00:51:51.290 --> 00:51:54.650 AND AGAIN, THIS WHOLE OTHER SECTION WAS TO MAKE 00:51:54.690 --> 00:51:59.890 CLEAR, WHEN IT CAME TO FINAL DECISIONS ON THE MERITS WHERE 00:51:59.930 --> 00:52:05.040 RELIEF WAS ORDERED, SOME PEOPLE ARE THINKING IF THE AGENCY 00:52:05.070 --> 00:52:08.110 DOESN'T COMPLY YOU HAVE TO REINSTATE THE COMPLAINT. THE 00:52:08.140 --> 00:52:10.600 ANSWER IS, NO, THE COMPLAINT IS OVER, DONE, CLOSED. THE 00:52:10.630 --> 00:52:13.070 ONLY OPTION AT THAT POINT IS: AGENCY, GIVE THE PERSON 00:52:13.100 --> 00:52:27.060 WHAT WAS AWARDED THEM. 00:52:27.090 --> 00:52:29.030 >> I KNOW YOU SAID YOU DIDN'T KNOW A LOT OF THE 00:52:29.060 --> 00:52:31.550 DETAILS ABOUT THE PORTAL ACCESS. BUT I BELIEVE OUR AGENCY 00:52:31.580 --> 00:52:35.850 -- SOME OF OUR COMPLAINTS PROCESSING PERSONNEL HAVE 00:52:35.880 --> 00:52:37.900 REQUESTED PASSWORDS AND HAVE NOT HEARD BACK. DO YOU KNOW 00:52:37.940 --> 00:52:43.110 IF THOSE WILL BE ISSUED BEFORE SEPTEMBER 24? 00:52:43.150 --> 00:52:48.450 >> I DO NOT. I KNOW THE PORTAL IS -- THERE'S 00:52:48.480 --> 00:52:52.060 INTERACTION WITH OUR OFFICE OF INFORMATION TECHNOLOGY. SO 00:52:52.090 --> 00:52:57.580 IF YOU KNOW PEOPLE WHO DO THAT -- SO WHEN IT COMES TO THE 00:52:57.610 --> 00:53:00.120 PORTAL, OTHER THAN KNOWING IT EXISTS, I DON'T KNOW. 00:53:00.150 --> 00:53:03.260 >> GARY, SHE COULDN'T HAVE HONESTLY THOUGHT YOU 00:53:03.300 --> 00:53:06.210 WERE GOING TO ANSWER THAT, WHEN WILL THE PASSWORDS BE 00:53:06.250 --> 00:53:08.600 ISSUED? BUT WE HAVE -- THE PORTAL WE HAVE IS A FEDERAL 00:53:08.630 --> 00:53:14.650 SECTOR PORTAL. AND A PART OF IT, YOU WILL SEE FROM THE 00:53:14.680 --> 00:53:19.610 DESIGN, IT'S AN OPEN PORTAL WHERE YOU SUBMIT YOUR 00:53:19.650 --> 00:53:24.740 COMPLAINT FILES, YOUR 462 DATA, MD 715. SO YOU HAVE 00:53:24.770 --> 00:53:27.790 DIFFERENT OPTIONS. SO IF YOU ARE SUBMITTING COMPLAINT 00:53:27.830 --> 00:53:29.720 FILES, YOU REGISTER AND GET A PASSWORD. YOU CAN GIVE ME 00:53:29.760 --> 00:53:35.050 YOUR INFORMATION SO WE WILL MAKE SURE THE FOLKS GET 00:53:35.080 --> 00:53:38.720 ACCESS. WE'VE PILOTED WITH SEVERAL AGENCIES, AND WE WILL 00:53:38.750 --> 00:53:40.880 HAVE IT READY IN THE NEXT COUPLE OF MONTHS SO THAT 00:53:40.910 --> 00:53:42.910 AGENCIES CAN MEET THEIR TIME FRAME FOR THE ELECTRONIC 00:53:42.950 --> 00:53:44.640 FILING. 00:53:44.680 --> 00:53:49.690 >> I JUST -- THIS WILL BE VERY QUICK. WHEN I 00:53:49.720 --> 00:53:54.590 FIRST STARTED IN THE OFFICE OF REVIEW AND APPEALS, YOU'D 00:53:54.630 --> 00:54:00.010 GO THROUGH THESE COMPLAINTS. AND I HAD A SPECIAL WAY OF 00:54:00.050 --> 00:54:02.380 REVIEWING THE APPEAL FILE, AND START WITH THE COMPLAINT 00:54:02.420 --> 00:54:06.490 AND GO FROM THERE. AND IF IT WAS UNCLEAR, I WOULD GO LOOK 00:54:06.520 --> 00:54:10.350 AT THE COUNSELOR'S REPORT AND THEN LOOK AT THE 00:54:10.390 --> 00:54:14.700 INVESTIGATION. SO I'M ABOUT TWO YEARS ON THE JOB AND I 00:54:14.730 --> 00:54:18.830 GET THIS COMPLAINT. AND BACK THEN -- IT MAY STILL BE THE 00:54:18.870 --> 00:54:20.850 SAME WAY. BUT YOU HAVE A COMPLAINT FORM, AND THERE'S A 00:54:20.890 --> 00:54:23.130 SECTION WHERE YOU CAN CHECK THE BASES. AND THE PERSON HAD 00:54:23.160 --> 00:54:25.270 CHECKED THE BOX FOR RACE, AND NEXT TO RACE THERE WAS A 00:54:25.300 --> 00:54:28.290 BLANK SPACE WHERE YOU CAN WRITE IN WHAT RACE; YOU WRITE 00:54:28.330 --> 00:54:31.900 WHITE, AFRICAN AMERICAN. AND THIS GUY HAD WRITTEN 00:54:31.930 --> 00:54:37.570 "HUMAN." AND HE'S WRITTEN, WHERE DISCRIMINATION'S BASED 00:54:37.610 --> 00:54:42.250 ON HUMAN RACE. AND DOWN THERE'S A BLANK SPACE WHERE THE 00:54:42.280 --> 00:54:48.160 PERSON CAN WRITE HIS ALLEGATION, AND HE HAD ONE SENTENCE. 00:54:48.200 --> 00:54:54.210 IT SAYS: MY BOSS TREATS ME LIKE A DOG. AND SO I'M GOING, 00:54:54.240 --> 00:54:58.490 I CAN'T BELIEVE THE AGENCY ACCEPTED THIS BECAUSE THE 00:54:58.520 --> 00:55:03.800 PROCESS -- YOU KNOW. AND SO, WHAT'S GOING ON? 00:55:03.840 --> 00:55:05.480 LOOKING AT THE COUNSELOR'S REPORT, IT'S NOT 00:55:05.510 --> 00:55:07.180 SHEDDING ANY LIGHT ON THIS MATTER. AND I LOOK AT THE 00:55:07.210 --> 00:55:09.040 INVESTIGATION, AND AS I'M GOING THROUGH THE INVESTIGATION 00:55:09.080 --> 00:55:11.250 I FINALLY GET TO THE SUPERVISOR'S AFFIDAVIT. AND THE 00:55:11.290 --> 00:55:14.670 SUPERVISOR HAS ONE SENTENCE AND IT SAYS: WHAT DOES THE 00:55:14.700 --> 00:55:20.550 COMPLAINANT EXPECT? HE IS AN ANIMAL. 00:55:20.590 --> 00:55:25.090 SO I JUST THOUGHT, THAT WAS MY FAVORITE ALL-TIME 00:55:25.120 --> 00:55:26.370 COMPLAINT. 00:55:26.410 --> 00:55:35.340 >> BACK TO DIGITAL SUBMISSION. I ASSUME THAT 00:55:35.380 --> 00:55:37.780 APPLIES TO SUBMISSIONS WHERE THERE'S A REQUEST FOR 00:55:37.810 --> 00:55:41.480 AGREEING BEFORE RAJ AS WELL AS APPEALS TO EEOC? 00:55:41.520 --> 00:55:46.610 >> IF THE REGULATION AS WRITTEN ONLY APPLIES TO 00:55:46.650 --> 00:55:51.690 THE APPELLATE STAGE, IT DOES NOT APPLY TO THE HEARING 00:55:51.730 --> 00:55:57.040 STAGE. HOWEVER, RAJ'S WOULD NOT OBJECT TO RECEIVING 00:55:57.070 --> 00:56:01.970 ELECTRONIC OR DIGITAL FILES. AND AGENCIES MIGHT THINK 00:56:02.010 --> 00:56:06.310 THAT'S AN EFFICIENT WAY TO DO IT, SINCE WHAT YOU GET TO AN 00:56:06.340 --> 00:56:11.660 AJ HAS TO BE GIVEN TO US IF AND WHEN AN APPEAL IS FILED. 00:56:11.690 --> 00:56:16.040 SO IF YOU GET THAT INTO AN ELECTRONIC OR DIGITAL FORMAT AT 00:56:16.080 --> 00:56:19.430 THE APPEALS STAGE, YOU ARE READY TO GO IF AND WHEN AN 00:56:19.460 --> 00:56:24.120 APPEAL IS FILED. SO WE WILL ACCEPT IT. BUT GIVEN THE WAY 00:56:24.150 --> 00:56:26.260 IT'S WRITTEN, IT'S NOT REQUIRED. 00:56:26.300 --> 00:56:31.430 >> DURING 110 WE MAY EXPLORE EXPANDING ON THAT 00:56:31.460 --> 00:56:36.730 IN A LITTLE MORE DETAIL. ANY ADDITIONAL QUESTIONS? 00:56:36.770 --> 00:56:46.930 >> NOT REALLY A QUESTION. JUST A COMMENT WITH 00:56:46.960 --> 00:56:52.690 REGARD TO THE FACT THAT THE HEARINGS ARE BEING DIGITIZED 00:56:52.730 --> 00:56:58.890 ANYWAY, THERE'S A PILOT UNDER WAY AND IT'S REALLY -- WE 00:56:58.920 --> 00:57:05.740 HAD ONE OF YOUR JUDGES FROM THE MIAMI DISTRICT, HALPRIN I 00:57:05.780 --> 00:57:10.260 THINK IS HER NAME. SHE HAS A REALLY GOOD POWER POINT 00:57:10.300 --> 00:57:17.840 PRESENTATION. I DON'T KNOW IF YOU CAN MAKE IT AVAILABLE 00:57:17.870 --> 00:57:19.940 TO EVERYBODY. BECAUSE THE REASON I'M SAYING IT'S REALLY 00:57:19.970 --> 00:57:22.400 GOOD, IT'S REALLY INTERESTING, BECAUSE FOR SOME OF US WHO 00:57:22.440 --> 00:57:24.160 ARE TRYING TO COME UP TO THE 21ST CENTURY, ANYWAY, WHEN WE 00:57:24.200 --> 00:57:26.260 HEAR DIGITIZED, WE JUST THINK IT'S GOT TO BE DIGITIZED. 00:57:26.300 --> 00:57:29.570 BUT THERE'S SOME VERY SPECIFIC THINGS THAT YOU HAVE TO DO 00:57:29.610 --> 00:57:35.820 IN TERMS OF EVEN MAKING CERTAIN THAT YOUR PAGES AREN'T 00:57:35.850 --> 00:57:40.380 NUMBERED AS WE HAVE TRADITIONALLY, AND YOU HAVE SOME 00:57:40.420 --> 00:57:43.830 INSTRUCTIONS THAT YOU MAY HAVE TO GIVE TO, LIKE, CONTRACT 00:57:43.870 --> 00:57:46.590 INVESTIGATORS AND THAT KIND OF THING. 00:57:46.630 --> 00:57:50.160 SO IF YOU ALL ARE DOING THIS WITH REGARD TO 00:57:50.190 --> 00:57:53.840 APPEALS, AND PEOPLE ARE ALREADY STARTING TO DO IT FOR 00:57:53.870 --> 00:57:58.190 HEARINGS, I THINK THAT SOME OF THE INFORMATION OR SOME OF 00:57:58.230 --> 00:58:01.530 THE INSTRUCTIONS THAT THEY GIVE ABOUT EXACTLY WHAT YOU 00:58:01.570 --> 00:58:05.890 HAVE TO DO, ALL THE SPECIFICATIONS RELATED TO DIGITIZING 00:58:05.930 --> 00:58:10.970 SHOULD PROBABLY BE MORE WIDELY DISSEMINATED AMONG 00:58:11.000 --> 00:58:15.900 EVERYBODY, ESPECIALLY LIKE THOSE WHO MAY BE DRAGGED 00:58:15.930 --> 00:58:19.470 KICKING AND SCREAMING INTO THIS 21ST CENTURY. 00:58:19.500 --> 00:58:24.860 >> THAT'S A GOOD POINT. AND GARY IS NICE. I'M 00:58:24.890 --> 00:58:27.810 RESPONSIBLE FOR THE REVISIONS OF 110, SO I CAN SPEAK THAT 00:58:27.840 --> 00:58:30.450 WE HAVE A WORKING GROUP WITH FOLKS FROM LEGAL COUNSEL, 00:58:30.490 --> 00:58:32.290 ADMINISTRATIVE JUDGES. WE HAVE ADMINISTRATIVE JUDGES FROM 00:58:32.320 --> 00:58:37.360 MIAMI, AND WHAT WE ARE GOING TO DO IS EXPLAIN THE DIGITAL 00:58:37.400 --> 00:58:39.870 FILING, WHAT'S REQUIRED. BUT ALSO, LAY OUT THE BENEFITS. 00:58:39.910 --> 00:58:42.160 AND IF YOU DO IT DURING A HEARING PROCESS, YOU WON'T HAVE 00:58:42.190 --> 00:58:43.880 TO DO THE SAME THING DURING THE APPELLATE PROCESS, EXCEPT 00:58:43.910 --> 00:58:46.040 FOR THE ADDITION OF THE RECORD THAT'S CREATED DURING THE 00:58:46.070 --> 00:58:47.990 HEARING WOULD HAVE TO BE SUBMITTED. SO ALL THAT WOULD BE 00:58:48.030 --> 00:58:52.430 IN THERE. IT WOULD ENURE SUPERVISORS IN MIAMI ARE PART OF 00:58:52.470 --> 00:58:56.000 THE WORK GROUP. SO IT'S GOING TO BE A COLLABORATIVE 00:58:56.040 --> 00:58:58.580 EFFORT. 00:58:58.610 --> 00:59:03.420 ONE MORE QUESTION. I THINK WE ARE APPROACHING 00:59:03.450 --> 00:59:06.190 OUR CONCLUSION TIME, SO THIS WILL BE OUR LAST QUESTION. 00:59:06.230 --> 00:59:12.080 >> I WAS WONDERING IF ONE OR BOTH COULD COMMENT 00:59:12.120 --> 00:59:15.160 ON THE OTHER REQUIREMENT UNDER NUMBER FIVE, THE 00:59:15.200 --> 00:59:19.900 REQUIREMENT THAT THE AGENCY APPLY -- WE WILL COMPLY WITH 00:59:19.940 --> 00:59:24.610 THE MANAGEMENT BULLETINS, THE DIRECTIVES, AND THAT KIND OF 00:59:24.650 --> 00:59:29.010 THING; HOW THAT WORKS WITH THE APA AND THE COMMENT 00:59:29.050 --> 00:59:34.990 PROVISIONS; AND DOES THAT SOMEHOW CONFLICT WITH THE NOTICE 00:59:35.030 --> 00:59:36.460 AND COMMENT PROVISIONS? 00:59:36.490 --> 00:59:39.110 >> AS TO THAT, IF YOU READ THE PREAMBLE WHAT WE 00:59:39.150 --> 00:59:40.970 DID IS WE ADDRESSED IT, BECAUSE WHEN THE NOTICE OF 00:59:41.000 --> 00:59:45.670 PROPOSED RULEMAKING WENT OUT, WE DID GET COMMENTS FROM THE 00:59:45.710 --> 00:59:49.500 PUBLIC RAISING THE ADMINISTRATIVE PROCEDURE ACT PART OF 00:59:49.540 --> 00:59:51.970 IT. AND THEN WHEN THE FINAL RULE WENT OUT AND WE 00:59:52.000 --> 00:59:54.700 SUBMITTED IT TO OMB AND OMB DID ITS INTERAGENCY 00:59:54.730 --> 01:00:03.430 COORDINATION, WE RECEIVED ADDITIONAL COMMENTS FROM 01:00:03.470 --> 01:00:05.950 AGENCIES. SO WE ADDRESSED THAT ARGUMENT IN THE PREAMBLE. 01:00:05.990 --> 01:00:12.420 AND IN ESSENCE WHAT WE SAID -- AND ONE THING I WANTED TO 01:00:12.450 --> 01:00:16.870 MENTION IS WHEN PRESIDENT CARTER WAS ISSUING HIS EXECUTIVE 01:00:16.910 --> 01:00:19.850 ORDERS AND DOING HIS REORGANIZATION MSPB, HE ALSO ISSUED 01:00:19.880 --> 01:00:25.350 WHAT'S CALLED EXECUTIVE ORDER 12067. AND THAT EXECUTIVE 01:00:25.390 --> 01:00:35.200 ORDER REQUIRES EEOC TO COORDINATE ALL EEOC INITIATIVES 01:00:35.230 --> 01:00:39.140 WITH AFFECTED AGENCIES. SO BEFORE SOMETHING LIKE MD 110 01:00:39.170 --> 01:00:44.370 IS FINAL, WE WILL HAVE TO CIRCULATE IT UNDER EXECUTIVE 01:00:44.400 --> 01:00:47.220 ORDER 12067 TO ALL AGENCIES, AND THEY WILL HAVE AN 01:00:47.260 --> 01:00:52.550 OPPORTUNITY TO COMMENT ON THE CONTENT OF MD 110 AND WE 01:00:52.580 --> 01:00:55.200 WILL HAVE AN OBLIGATION TO CONSIDER THOSE COMMENTS BEFORE 01:00:55.240 --> 01:00:58.360 WE FINALIZE IT. 01:00:58.400 --> 01:01:01.690 SO TO THE EXTENT AGENCIES ARE WORRIED ABOUT 01:01:01.720 --> 01:01:05.380 NOTICE AND COMMENT ON ANY FUTURE DOCUMENTS TO BE ISSUED, 01:01:05.410 --> 01:01:08.570 THERE WILL BE A NOTICE OF COMMENT. IT WON'T BE UNDER THE 01:01:08.600 --> 01:01:11.800 ADMINISTRATIVE PROCEDURE ACT, BUT IT WILL BE UNDER THE 01:01:11.840 --> 01:01:15.590 EXECUTIVE ORDER. AND WE WILL TREAT IT, THE PROCESS -- WE 01:01:15.620 --> 01:01:21.420 WILL TREAT THE PROCESS THE SAME WAY AS IF WE HAD SUBMITTED 01:01:21.500 --> 01:01:26.370 IT FOR PUBLIC COMMENT. WE ARE GOING TO SUBMIT IT FOR 01:01:26.400 --> 01:01:29.790 AGENCY COMMENT AND LOOK AT THOSE COMMENTS, AND THEN DECIDE 01:01:29.820 --> 01:01:35.250 WHETHER WE NEED TO MAKE SOME CHANGES. SO THAT'S OUR 01:01:35.280 --> 01:01:37.580 RESPONSE TO THAT CONCERN. 01:01:37.610 --> 01:01:41.900 >> THAT WAS THE LAST QUESTION. 01:01:41.930 --> 01:01:56.820 >> I HAVE A QUICK QUESTION. 01:01:56.860 --> 01:01:59.110 >> WAIT A MINUTE. I'M AFRAID, AFTER YOUR LAST 01:01:59.150 --> 01:02:00.180 QUESTION OF SAYING THAT EEOC REVISED THE REGS. 01:02:00.220 --> 01:02:01.860 >> MY QUESTION IS, WHERE MAY WE FIND THESE Q AND 01:02:01.890 --> 01:02:03.750 A'S ON THE WEB SITE? I PRESUME OFO. BUT -- 01:02:03.780 --> 01:02:05.820 >> IT'S ON OUR WEB SITE. I DON'T HAVE IT UP. I 01:02:05.860 --> 01:02:10.460 COULD PUT IT UP, BUT IT'S -- IT MAY BE ON THE HOME PAGE. 01:02:10.500 --> 01:02:17.900 THERE'S A TAB THAT SAYS FEDERAL AGENCIES, SO YOU WILL FIND 01:02:17.930 --> 01:02:26.090 IT THERE. AND I'M NOT SURE WHAT TAB, BUT IT'S LINKED TO 01:02:26.130 --> 01:02:30.570 THE REGULATIONS TAB? SO IF YOU GO TO THE LAWS ENFORCED BY 01:02:30.610 --> 01:02:35.860 EEOC -- AND THAT'S AT THE TOP OF THE HOME PAGE -- THEN 01:02:35.890 --> 01:02:41.560 THERE'S SECTIONS THAT SAY LAWS AND REGULATIONS. CLICK ON 01:02:41.590 --> 01:02:43.830 THE REGULATIONS, AND THEN USUALLY ON THE SIDE THERE WILL 01:02:43.870 --> 01:02:45.180 BE USEFUL DOCUMENTS THAT RELATE TO THAT TOPIC. AND IF YOU 01:02:45.210 --> 01:02:46.650 HAVE ANY TROUBLE, JUST E-MAIL US AND WE WILL GUIDE YOU TO 01:02:46.690 --> 01:02:49.340 IT. 01:02:49.370 --> 01:02:51.750 I WANT TO THANK EVERYONE FOR COMING OUT TODAY, 01:02:51.790 --> 01:02:54.160 AND I WANT TO THANK MR. GARY HOZEMPA FOR AN OUTSTANDING 01:02:54.190 --> 01:03:00.220 PRESENTATION. AND I HOPE YOU ENJOY THE REST OF YOUR DAY.