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DISCRIMINATION COMPLAINT PROCEDURE
I. PURPOSE:
A. To be in compliance with Executive Order No. 61, Division of Equal
Employment Opportunity/Affirmative Action Administrative Order #3:03,
and New Jersey Administrative Code 4A:7-3.3 and 3.4
B. The complaint process is provided for employees or
applicants for employment, who believe they have been discriminated
against.
II. DEFINITION:
The Discrimination Complaint Processing System is a formal process
established to provide timely, uniform, state-wide procedures to be
followed to review complaints of discrimination, and to ensure
compliance with all laws and regulations relating to Equal Employment
Opportunity.
III. PROCEDURE:
A. Any person who believes they have been discriminated
against may file a complaint through the discrimination appeal process.
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1. A discrimination complaint (appeal) must be
in writing and must be filed within 20 calendar days of either
the discriminatory action or the date on which the person should
reasonably have known of the occurrence. The appeal must specify
the basis for the complaint. The appeal must include the
following:
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a. Appellant's name, title and the
department/agency where employed or seeking employment,
and home mailing address.
b. The type of discrimination (i.e., race, sex) you are
contending to have been subjected to by employees'
agents of the department/agency.
c. Detailed, specific information concerning the charge
of discrimination, including the date(s) of occurrence(s)
and the name(s) and title(s) of person(s) involved. |
2. Written complaints
(appeals should be presented to the Affirmative Action Officer
of the department/agency where the employee works or where the
person applied for employment.
3. A copy of the appeal must be sent to the Department's
Affirmative Action Officer for their signature. |
B. Facilities Affirmative Action Representatives
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1. Discuss with the appellant that they have the
burden of proving discrimination. Situations must be cited and
provided, if available, documentation to show that different
treatment has occurred.
2. Inform the immediate supervisor of the complaint, as
well as the department head of the appellant. Contact any
witnesses to the alleged discriminatory act.
3. Investigate complaint, submit report of findings,
conclusions and recommendations within fifteen (15) calendar
days to the Chief Executive Officer and the Departmental
Affirmative Action Officer. Copies of the Appeal Form are not to
be given to respondents for their retention.
4. Whenever possible, complaints will be resolved at the
facility's level.
5. A copy of the Chief Executive Officer's determination
or any settlement negotiated at any step of the investigation
should be sent to the Department's Affirmative Action Officer.
6. If upon completion of the investigation of the Appeal,
the facility's Affirmative Action Officer, finds not probable
cause to believe that there has been discrimination, findings
should still be sent to the Department's Affirmative Action
Officer for submission to the Division of EEO/AA.
7. Total facility process will not exceed 20 calendar days
from initial filing of complaint. |
C. Departmental Affirmative Action Officer
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1. Review Facility's Affirmative Action
Representative's report and Chief Executive Officer's decision.
2. Departmental Affirmative Action Officer will submit
report to the Commissioner (The Adjutant General) who will issue
a decision letter to the complainant within 45 calendar days of
the initial complaint. |
D. Total departmental process will not exceed 30 calendar days.
Determinations to all formal complaints will be issued by the
Commissioner within 45 calendar days. Upon written request, the
complaint process may be extended to an additional fifteen (15) calendar
days.
E. If the appellant does not agree with the decision
rendered by the Commissioner they have 20 calendar days to appeal this
decision in writing to the Division of Equal Employment Opportunity/
Affirmative Action.
AFFIRMATIVE ACTION - 48-03-002
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