Good news for those of you who have yet to file your EEO-1 reports! The EEOC has extended the filing deadline from March 31st to June 1st. While this isn’t a complete surprise given that the EEOC released a new database this year that contained a few glitches, it is a nice respite for those who were having difficulty filing or were late to the game. Enjoy the extra couple of months!
In a continued effort to provide resources to employees and applicants who feel they may have been unfairly treated by an employer, the OFCCP recently released a new complaint form allowing those who were discriminated or retaliated against due to their “race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran” the ability to file a complaint directly with the agency. Additionally, the OFCCP makes a point to note that “discrimination may also occur if a covered employer, under certain circumstances, disciplines, terminates, or takes other adverse employment actions against a jobseeker or employee for asking about, discussing, or sharing information about pay.”
To make it easier to complete, the OFCCP made the form available online (via computer, cell phone, or other handheld device) and the automatic submission is sent directly to the appropriate regional office that covers the location where the alleged discrimination occurred. If an employee or job seeker feels they have been discriminated or retaliated against based on their race, color, religion, sex, sexual orientation, gender identity, national origin, or because of a compensation issue, the individual has 180 days from the time the event took place to file a complaint. If the alleged violation was based on a disability or protected veteran status, they have 300 days from the day the event occurred to file the complaint.
There are several steps outlined by the OFCCP for completing the process:
Step 1 – download the electronic version of the form in the language applicable to the complaining party.
Step 2 – complete the form and submit according to the methods for submittal.
Step 3 – follow up with the OFCCP to review and discuss the status of the complaint.
The form itself is pretty straightforward as it asks for contact information and who should be contacted in the event the person completing the form cannot be reached, the name of the employer who discriminated/retaliated, the basis in which the discrimination/retaliation occurred (e.g. race, religion, sexual orientation, inquiring about pay, etc.), if there may be others affected, and the specific dates and act(s) that caused the complaining party to complete the form.
It is unclear what happens after the form is submitted as there are no ‘next steps’ listed. Under the Privacy Act Statement, the OFCCP acknowledged they will use the information to process complaints and conduct investigations of alleged violations of the employment discrimination laws they are authorized to enforce. The OFCCP will also provide a copy of the complaint to the U.S. Equal Employment Opportunity Commission (EEOC) when the matters alleged are covered by Title VII and/or the ADA. It should be noted however, that the information found within the form (including complainant’s name) will also be shared with the employer they are filing the complaint against so it should not be taken lightly.
For more information about the form and to view a copy, please visit the Office of Federal Contract Compliance Programs Complaint of Discrimination webpage: https://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm
Early-bird registration is still available for the 2017 BCGi Summit. Biddle Consulting Group’s experts partner with leading industry experts to deliver a variety of EEO Topics during this one and a half (1.5) day conference.
2017 BCGi Summit Details:
- When: April 6-7, 2017 (Bonus Pre-Conference “Ask The Experts” Sessions: April 5)
- Where: JW Marriott San Francisco Union Square (San Francisco, CA)
- Registration Fee: $695 (Early Bird Discount – Save $100, if you register by February 28, 2017)
- Insight From The Inside: Former OFCCP Staff Speak Out
- Exploring The Future Of Compensation Equity: Lessons From The California Fair Pay Act
- The Unseen World of Implicit Bias: How To Identify It And What To Do About It
- Big Questions – Big Data: How Advanced Analytics Shed Insight Into EEO
- Recruiting And Retaining Individuals With Disabilities: Tools & Techniques That Work
Spring Into Action!