EEO Complaint Procedure and Form - ripta

Rhode Island Public Transit AuthorityEqual Employment Opportunity Complaint Procedure OverviewWho May File a ComplaintAny person who believes that either he or she, or any specific class of individuals has been or is beingsubjected to discrimination on the basis of race, color, religion, sex, national origin, age, disability, sexualpreference and marital status. Complaints filed by the complainant or his/her authorized representativemust be filed in writing. It must contain the complainants and respondents name and address, date ofoccurrence, a description of the allegations with enough detail to establish whether or not the allegationswould violate any of the nondiscrimination and equal opportunity laws and regulations. It must alsocontain the complainant or his/her authorized representative’s signature.Guidelines for the Complaint Procedure• RIPTA is committed to resolving equal employment opportunity (EEO) complaints allegingdiscrimination at the earliest possible point in the complaint process.• EEO complaints will be resolved either through RIPTA’s EEO complaint process or the uniongrievance process. Complaints will be deferred to the appropriate bargaining unit when the samecomplaint is the subject of a union grievance.• When an employee believes he or she has been discriminated against, the first step is to seekinformal EEO counseling by contacting one of RIPTA’s EEO Counselors.• EEO complaint handling may include one or more of the following: Informal Counseling: An inquiry by non-supervisory staff regarding employee conflict,policy or procedure violation, etc. Informal Counseling Supervisor: An inquiry by supervisory staff regarding an employeeconflict, policy or procedure violations, etc. Informal Complaint: Complaint that is not presented in writing. Issue may be resolved withminimal need for formal investigation. Formal Complaints: Complaints presented in writing. Formal complaints includecomplainant’s name, position, basis of charges and parties involved, and other requiredinformation submitted on RIPTA’s EEO Complaint Form. Formal complaints may besubmitted up to 180 days after the alleged discrimination. External Complaints: Complaints filed with external enforcement agencies, i.e., RI EqualEmployment Opportunity Commission (EEOC).• RIPTA staff will determine the basis and grounds for the complaint and determine the need for afull investigation within 45 days of receiving a written complaint. Preliminary investigation willbe conducted and the complainant will be notified of pending or ongoing investigation.• Involved parties will meet with RIPTA EEO Program staff to resolve charges. RIPTA’s attorneyand the complainant’s authorized representative may be present.• Written determination/finding of complaint will be provided to the Complainant and any otherrelevant involved parties.• The CEO will issue a final resolution, if necessary.

Step I: The Opportunity to File a ComplaintAll complaints must be in writing. The individual, specific class of individuals, or authorizedrepresentative, hereafter referred to as complainant, who believes he or she has been discriminated againstmust submit the allegations in writing to the RIPTA EEO Officer. The EEO Officer will, within 7 days ofreceipt of complaint, send an acknowledgement letter to the complainant and advise him/her of their rightto be represented in the complaint process.Step II: The Opportunity for an Informal Resolution ConferenceRIPTA has the specific responsibility of investigating employee and applicant complaints ofdiscrimination, including complaints of sexual harassment. RIPTA EEO Counselors are available forinformal consultation should an employee and/or manager desire information regarding a discriminationor harassment concern. The EEO Counselor will meet with a complainant to review the allegations,clarify issues, and obtain names of witnesses, if applicable. Some complaints may be resolved throughdiscussions with appropriate RIPTA personnel. If the EEO Counselor determines that there are no issuesof discrimination or harassment based on protected class, staff will inform the complainant. EEOCounselors may refer the complainant to other appropriate individuals, including Human Resources,department management, union representatives, and the EEO Officer.The EEO Officer may meet with the complainant or his/her authorized representative to conduct apreliminary investigation and to discuss the circumstances underlying the allegations, and attempt toinformally resolve the issue(s). If the complaint cannot be resolved informally, the EEO Officer willwithin 30 days of receipt of the complaint advise the complainant.Step III: Formal InvestigationIn the event EEO Counselors determine that a formal investigation is warranted, staff shall conduct a full,prompt, and thorough investigation of the allegations. Such investigation may include interviews with allparties named by the complainant and the respondent, as well as an analysis of relevant materials andrecords. Upon completion of the investigation, the EEO Program staff shall present a writtendetermination/finding to the complainant. This determination/finding may include a recommendation forcorrective action. The investigation and response will be completed within 45 days.Formal complaints must be submitted to:Mark TherrienRIPTAEEO Program705 Elmwood AvenueProvidence, RI 02907

Rhode Island Public Transit AuthorityEqual Employment Opportunity Complaint Information FormName _______________________________________________________________________Department __________________________________________________________________What are the most convenient time and place for us to contact you about this complaint?____________________________________________________________________________On what date(s) did the discrimination take place? ____________________________________Have you ever attempted to resolve this complaint? Yes [ ] No [ ]Explain as briefly and clearly as possible what happened and how you were discriminated against.Indicate who was involved. Be sure to include how other persons were treated differently from you. Alsoattach any written material pertaining to your case.BASIS OF COMPLAINT: Which of the following best describes why you believe you werediscriminated against: (check)[ ] Sex: [ ] Male [ ] Female[ ] Disability:Specify_______________________________[ ] Age: Date of Birth____________________[ ] Race:Specify_______________________________[ ] Color:Specify_______________________________[ ] Religion:Specify_______________________________[ ] National Origin:Specify_______________________________[ ] Citizenship:Specify_______________________________[ ] Reprisal/Retaliation:Specify_______________________________[ ] Other:Specify ___________________________________________________________________

Do you think the discrimination against you involved: (check one)[ ] Hiring[ ] Layoff/Furlough[ ] Transition[ ] Recall (from layoff-furlough)[ ] Wages[ ] Seniority[ ] Job Classification[ ] Intimidation/Reprisal[ ] Discharge/Termination [ ] Harassment[ ] Promotion[ ] Access/Accommodation[ ] Training[ ] Union Activity[ ] Transfer[ ] Union Representation[ ] Qualification/Testing [ ] Application[ ] Grievance Procedure [ ] Enrollment[ ] Referral[ ] Exclusion[ ] Placement[ ] Benefits[ ] Performance Appraisal[ ] Discipline/Reprimand[ ] Other: Specify________________________________________________Why do you believe these events occurred? _______________________________________________________________________________________________________________________________________________________________________________________________________________________What other information do you think is relevant to our investigation? ________________________________________________________________________________________________________________________________________________________________________________________________If this complaint is resolved to your satisfaction, what remedies do you seek?____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Please list any persons that we may contact for additional information to support or clarify yourcomplaint (witnesses, fellow employees, supervisors, or others)Name: ________________________________________Phone number: __________________________Name: ________________________________________Phone number: __________________________Name: ________________________________________Phone number: __________________________Name: ________________________________________Phone number: __________________________Please send complaint form to:Mark TherrienRIPTAEEO Program705 Elmwood AveProvidence, RI 02907