EEO, Investigations

Through the Eyes of New Investigators

We know a lot of people are apprehensive about making a career move to a new field.  Many of our EEO investigator training students made the successful transition into EEO.  We spoke to two of our former students, Steve Minor and Denise Goldner, to get their perspectives.  After completing the online training, Steve and Denise began conducting Federal-sector EEO investigations.   In this post, we share Steve’s perspectives. EEO Investigator Steve Minor, Investigator since August 2015 Before becoming an investigator, what was your professional background? I was in la

EEO, Investigations

EEOC Decisions Guide EEO Investigators

A valuable source of information for EEO professionals is EEOC’s The Digest of Equal Employment Opportunity Law.  In the last two Digests, EEOC presented some interesting cases.  We have compiled a list of those that investigators and those who review reports of investigation (ROI) may be interested in… We found this first case serves as a great reminder of what is important and exactly what EEOC expects in a failure to promote claim, including demographic data and the selecting official’s selection history… Investigative Record Inadequate. The Agency issued a decis

Diversity, EEO

Dreadlocks or Your Job…

On September 15, 2016, the United States Court of Appeals for the Eleventh Circuit issued a decision that has caused a lot of interest in the EEO field. The decision, which you can read here, involved a suit brought forward by the Equal Employment Opportunity Commission (EEOC) on behalf of Chastity Jones, against Catastrophe Management Solutions (CMS), a claims processing company located in Mobile, Alabama, that provides customer service support to insurance companies. Ms. Jones, an African-American job applicant, received a job offer that was later rescinded by CMS,


Another Successful EEOC EXCEL Conference!

-Rosa C. Franco, Chief Executive Officer, Art of Resolution The Equal Employment Opportunity Commission held its premier annual training event – Examining Conflicts in Employment Law (EXCEL) Conference - in San Francisco July 19-21, 2016. I delivered a workshop on improving resolution during informal EEO counseling. It is a well-established fact that alternative dispute resolution (ADR) – specifically mediation - is more successful in resolving cases than traditional EEO counseling. This conclusion is drawn from EEOC’s FY 14 462 data in which approximately 65% of comp


Are You Ready to Become an EEO Investigator?

The Equal Employment Opportunity Commission (EEOC) requires federal agencies to have trained resources to counselor informal EEO complaints and investigate complaints when they are not resolved. With more than 15,000 formal complaints filed by federal employees annually, agencies and vendors of EEO services are often recruiting skilled certified EEO investigators. Successful investigators excel at written and oral communications, are analytical and well organized.   To learn more about becoming an EEO investigator, read Art’s previous post titled, I May Want to Be an EEO In


If You Snooze, You Lose (Part II)

In our last post, we discussed delays in responding to harassment allegations can result in findings of discrimination. In this post, we’ll look at delays in responding to reasonable accommodation requests and how EEOC has ruled. In Complainant v. Department of Veterans Affairs, 0120123071, (EEOC OFO 05/28/15), EEOC found the agency's six-week delay in starting the interactive process after an employee's request for a reasonable accommodation is unreasonable. In this case, management did not dispute that the complainant was a qualified individual with a disability. She had


If You Snooze, You Lose (Part I)

EEOC, in two recent decisions, has made it clear that a delay in responding to harassment allegations and reasonable accommodation requests can result in findings of discrimination. In this post, we’ll look at delays in responding to harassment allegations. In Complainant v. Ashton B. Carter, Secretary, Department of Defense (Defense Commissary Agency), Agency, 0120130331, EEOC found that once the agency learned of the harassment, it failed to take prompt and effective action to address the harassment. It took the supervisor 11 days to speak to the alleged victim after h


Come Join Me at the EXCEL Conference!

By Rosa C. Franco, Chief Executive Officer, Art of Resolution The summer of 2015 is gliding by very quickly. It’s been a busy and productive year at Art of Resolution, but we are happy for the opportunity to connect again with our LinkedIn friends and colleagues. During the course of the next few weeks, we’ll share some of our activities and some interesting EEOC cases decided since our last post. I’m pleased to start by sharing that I will be a speaker at EEOC’s 2015 Examining Conflicts in Employment Law (EXCEL) Conference. As you know, this is EEOC’s premier annual trai


10 Time-Saving Investigative Tips – Part 2

In our last post, we discussed the first five techniques to save time. Today, we’re sharing the remaining tips: Draft the Summary During Down Time.   Most high-producing/ high-quality investigators make the most of the time they are waiting on responses or documents. They begin drafting the summary based on the agency template. They also summarize the testimony as they receive it. This practice makes reporting writing extremely efficient. It will also enable you to identify gaps in evidence or need for follow-up. Build ROI As You Go. As mentioned in #6, a be

EEO, Investigations

10 Time-Saving Investigative Tips – Part 1

For those of you who are contract investigators, time is money. For agency investigators, the ability to complete more investigations may result in a higher performance rating or awards. We’ve compiled this list of time-savers that can save days off of your investigative timeline to make it a faster and/or bigger payday while enhancing quality. We’ve posted about the value of an investigative plan before, but the value cannot be underestimated. The more you plan your investigation, the more you are able to grasp the complexity, number of witnesses, and need for doc