Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample (Page 9 of 54) in pdf

VA MEDICAL CENTER

POLICY MEMORANDUM 00-028

BRONX, NEW YORK 10468

September 9, 2003

3) If the complainant does not notify the OFFICE OF RESOLUTION MANAGEMENT of his/her

wishes within prescribed timeframes, they will forward the investigative record and report to the

Director, OEDCA, and request a Final Agency Decision.

G. Hearing

1) If a hearing has been requested, the OFFICE OF RESOLUTION MANAGEMENT will request

an Administrative Judge be assigned through the EEOC District Office. THE DISTRICT COUNSEL

ACTS AS MANAGEMENT’S REPRESENTATIVE.

2) As soon as possible after completion of the hearing, the Administrative Judge must forward the

complaint file (including the hearing record), findings, analyses and recommendations to the VA

OEDCA.

H. Decision by VA OEDCA - The VA OEDCA shall make the decision of the Agency on a complaint

file. The decision will be in writing to the complainant and his/her representative and to the Medical Center

Director concerned. The decision shall require any remedial action consistent with law determined to be

necessary or desirable to resolve the issues of discrimination and to promote the policy of equal employment

opportunity, whether or not discrimination and to promote the policy of equal employment opportunity,

whether or not discrimination is found.

Freedom from Reprisal or Interference

1) Complainants, their representatives and witnesses shall be free from restraint, interference,

coercion, discrimination or reprisal at any stage in the presentation and processing of a complaint.

2) A complainant, representative or a witness who alleges restraint, interference, coercion,

discrimination or reprisal in connection with the presentation of a complaint may file a complaint as

noted above or file a charge within fifteen (15) days of the alleged occurrence. The Medical Center

Director will promptly inform the OFFICE OF RESOLUTION MANAGEMENT of the receipt of such

a complaint. Final agency decision will be made by the VA OEDCA. Appropriate disciplinary action

will be taken where the charges are sustained.

Age Complaints - EEO law provides an opportunity for aggrieved persons to file civil actions

directly when based on age (over 40 years of age) after giving EEOC thirty (30) days notice of intent to sue.

K. Sexual Harassment undermines the integrity of the Federal Government and will not be condoned.

Merit system principles require that all employees be allowed to work in an environment free from sexual

harassment. A supplemental policy and action plan for its prevention has been developed and implemented.

(See Attachment “G”).

L. Restrictions on Dual Processing - In all actions directly appealable to the Merit Systems Protection

Board (MSPB) or grievable under section 7121 of the Federal Labor Management statute in which

discrimination is alleged, the appellant must elect whether the case will be heard under the discrimination

complaints procedure or those other applicable appellate regulations.

In whichever forum a written

grievance/complaint is filed on a matter firstly, such will be deemed the forum of choice for the prosecution

the complaint.

M. Class Complaints

1) A class complaint is a written discrimination complaint filed on behalf of a class of people by an

agent of the alleging group in cases where the class believes that it has been adversely affected by

Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample Page 9

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