EEOC ISSUES NEW CHAPTER TO MANAGEMENT DIRECTIVE 110 TO SPEED UP SETTLEMENT OF FEDERAL SECTOR BIAS COMPLAINTS

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released   a new chapter to its Management Directive 110 setting forth the authority for   settlement of federal sector discrimination disputes. The guidance contained   in the chapter is intended to facilitate settlement of federal sector EEO cases   at all stages of the complaint process.

"The Commission strongly supports the earliest possible settlement of EEO   complaints in appropriate cases," said EEOC Chairwoman Ida L. Castro. "By spelling   out the standards for settling such cases, this new chapter will enable federal   agencies and employees to resolve disputes in a more efficient and expeditious   manner."

Chapter 12 on Settlement Authority states that agencies have broad authority   to settle EEO disputes by applying the full range of remedies a court could   order if the case were to go to trial. Moreover, agencies are authorized to   enter into settlements of claims brought under Title VII of the Civil Rights   Act, the Age Discrimination in Employment Act, the Equal Pay Act, and the Rehabilitation   Act without a finding of discrimination or an admission of wrongdoing.

The guidance notes that agencies and their employees may be creative in crafting   settlements. For instance, settlement of EEO complaints may contain monetary   payments that are independent of any personnel action, providing that the payment   does not exceed the amount of back pay, attorneys fees, costs or damages the   employee would be entitled to in the case if discrimination has been found.

The new chapter also points out that settlement of EEO disputes may contain   terms affecting the retirement status of the complainant. It explains that,   in such cases, all appropriate contributions to the retirement funds must be   made.

The EEOC worked closely with the Office of Personnel Management in developing   the new Chapter 12 on Settlement Authority to ensure consistency in approach   and guidance. "The issuance of this new chapter marks another step in the Commission's   unwavering efforts to improve and streamline the federal sector EEO complaint   process," added Chairwoman Castro. "It is apparent that it still takes too long   to resolve EEO disputes, which has led to frustration and a lack of faith in   the system by federal workers and their representatives. The Commission is working   hard to address the matter."

Since becoming EEOC Chairwoman in October 1998, Ms. Castro has led an unprecedented   effort to improve the federal government's EEO complaint process by increasing   its fairness, effectiveness, and efficiency, while consulting broadly with agency   stakeholders. Some of the important measures the EEOC has implemented under   her leadership include the following:

 
• In July 1999, the EEOC announced the issuance of new 1614 regulations to     streamline the EEO complaint process. The changes, which became effective     November 9, 1999, advance the Administration's NPR goals of cutting red tape,     removing unnecessary layers of review, and delegating decision-making to front-line     employees.  
 
• In August 1999, Chairwoman Castro announced a comprehensive enforcement     initiative for the federal sector program. The initiative provides a strategic     approach to federal sector reform by linking improved data analysis, prevention     activities aimed at the root causes of discrimination, and a streamlined process     for addressing EEO complaints.  
 
• In September 1999, the EEOC announced a dynamic national training program     on the revised 1614 regulations entitled The New Federal EEO Complaint Process     and You. The sold-out training seminars were held at a over a dozen locations     nationwide.  
 
• In October 1999, the EEOC and NPR launched a joint Interagency Task Force     on the Federal Sector to examine how to enhance the federal EEO process and     stimulate change that will prevent discrimination in the first instance. Members     of the task force include representatives of the EEOC, NPR, Cabinet departments     and agencies, stakeholder groups, federal employee unions, and other organizations.     A preliminary status report is expected to be issued this summer.  
 
• In March 2000, the EEOC announced a series of federal sector town hall meetings     in major cities nationwide. The next public forum will be held on Tuesday,     May 18, from 5:00 to 8:00 p.m. at EEOC Headquarters (the event is already     full and no more reservations can be accepted).  

The EEOC is the independent federal agency which enforces laws prohibiting   employment discrimination, including Title VII of the Civil Rights Act of 1964,   Title I of the Americans with Disabilities Act, the Rehabilitation Act, the   Equal Pay Act, the Age Discrimination in Employment Act, and sections of the   Civil Rights Act of 1991. Further information about the Commission is available   on the agency's web site at www.eeoc.gov.