WORKSHARING AGREEMENT FOR FSCAL YEAR 1997
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WORKS HARING AGREEMENT
BETWEEN
HUMAN RELATIONS DEPARTMENT CITY OF CLEARWATER
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR FISCAL YEAR 1997
I. INTRODUCTION
A. The Human Relations Department City of Clearwater,
hereinafter referred to as the FEPA, has jurisdiction over
allegations of employment discrimination filed against
employers of Five (5) or more employees occurring
north of Ulmerton Road in Pinellas County, Florida, based
on race, color, religion, national origin, age, sex,
disability, and marital status pursuant to the Pinellas
County Code Chapter 70 and Chapter 12 Clearwater City Code.
The Equal Employment Opportunity Commission, hereinafter
referred to as EEOC, has jurisdiction over allegations of
employment discrimination occurring throughout the United
States where such charges are based on race, color,
religion, sex, or national origin, all pursuant to Title
VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
~ 2000 (e)) (hereinafter referred to as Title VII). EEOC
has jurisdiction to investigate and determine charges of
discrimination based on age (40 or older) under the Age
Discrimination in Employment Act (ADEA) of 1967, as
amended (29 U.S.C.~ 621 et.seq.), for unequal wages based
on sex under the Equal Pay Act of 1963 (29 U.S.C.~ 206),
and over allegations of employment discrimination based on
disability pursuant to Title I of the Americans with
Disabilities Act of 1991, (42 U.S.C. ~ 12101).
B. In recognition of, and to the extent of the common
jurisdiction and goals of the two (2) Agencies, and
in consideration of the mutual promises and
covenants contained herein, the FEPA and the EEOC
hereby agree to the terms of this Worksharing
Agreement, which is designed to provide individuals
with an efficient procedure for obtaining redress
for their grievances under appropriate state and
local or Federal laws.
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II.
FILING OF CHARlES OF DISCRIMINATION I
A. In order to facilitate the assertion of employment
rights, the EEOC and the FEPA each designate the other as
its agent for the purpose of receiving and drafting
charges. EEOC's receipt of charges on the FEPA's behalf
will automatically initiate the proceedings of both EEOC
and the FEPA for the purposes of Section 706 (c) and (e)
(1) of Title VII. This delegation of authority to
receive charges does not include the right of one Agency
to determine the jurisdiction of the other Agency over a
charge. Charges can be transferred from one agency to
another in accordance with the terms of this agreement or
by other mutual agreement.
B. The FEPA shall take all charges alleging a violation of
Title VII, ADEA, EPA, or the ADA where the parties have
mutual jurisdiction, so long as the allegations meet the
minimum requirements of those Acts, and for charges
specified in Section III. A. 1. below, refer them to the
EEOC for initial processing. Appropriate charges should
also be dual filed with the Florida Commission on Human
Relations (FCHR).
C. Each Agency will inform individuals of their rights to
file charges directly with the other Agency and or assist
any person alleging employment discrimination to draft a
charge in a manner which will satisfy the requirements of
both agencies to the extent of their common jurisdiction.
As part of the intake duties, Investigators are to verify
with the Charging Parties if they had filed a charge of
discrimination with other agencies prior to filing the
charge.
Normally, once an agency begins an investigation, it
resolves the charge. Charges may be transferred between
the EEOC and the Human Relations Department, City of
Clearwater within the framework of a mutually agreeable
system. Each agency will advise Charging Parties that
charges will be resolved by the agency taking the charge
except when the agency taking the charge lacks
jurisdiction or when the charge is to be transferred in
accordance with Section III (DIVISION OF INITIAL CHARGE-
PROCESSING RESPONSIBILITIES) .
D. For charges that are to be dual-filed, each Agency will
use EEOC Charge Form 5 (or alternatively, an employment
discrimination charge form which within statutory
limitations, is acceptable in form and content to EEOC
and the FEPA) to draft charges. Specifically, each
agency will forward an Affidavit taken at the time of
intake and a copy of the Charge Information Form. When
a charge is taken based on disability, the nature of the
disability shall not be disclosed on the face of the
charge.
1. With respect to the ADA, the Human Relations
Department, City of Clearwater's law is similar to
the ADA, but has the following important
differences:
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a. The ordinance does not enunciate a standard
for evaluating safety requirements.
b. The ordinance contains no restrictions on
disbility related inquires and medical
examinations of applicants and employees and no
confidentiality provisions.
c. The ordinance does not contain a provision
prohibiting discrimination through a contract.
d. The ordinance does not contain a provision
prohibiting discrimination on the basis of a
relationship or association with an individual
with a disability.
e. The ordinance does not contain a reasonable
accomodation requirement.
f. The ordinance does not contain a provision
prohibiting discrimination on the basis of a mental
disability.
2. Recognizing the differences set forth above, the
FEPA and the EEOC agree to the following:
a. For each FEPA ADA charge resolution that involves
one or more of the issues identified in 1. above, the
FEPA will provide the EEOC with a statement that
identifies which of the above issues were addressed
in resolving the charge.
b. The FEPA will transfer to the EEOC for initial
processing each disability charge it originally
receives where it will not receive and resolve all
alleged issues in a manner consistent with all
requirements, standards, prohibitions, and
restrictions set forth in the ADA.
E. Within ten calendar days of receipt, each Agency
agrees that it will notify both the Charging Party
and Respondent of the dual-filed nature of each such
charge it receives for initial processing and explain
the rights and responsibilities of the parties under
the applicable Federal, State, or Local statutes. Each
Agency will use EEOC Form 212-A, Charge Transmittal to
transmit charges to each other. Each charge will also be
dual filed with the Florida Commission on Human Relations
(FCHR) using the EEOC Form 212-A.
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III.
DIVISION OF INITIAL CHARGE-PROCESSING RESPfNSIBILITIES
In recognition of the statutory authority granted to the FEPA
by Section 706(c) and 706(d) of Title VII as amended; and by
Title I of the Americans with Disabilities Act, and the
transmittal of charges of age discrimination pursuant to the
Age Discrimination in Employment Act of 1967, the primary
responsibility for resolving dual-filed charges between the
FEPA and the EEOC will be divided as follows:
A. EEOC and the FEPA will process all Title VII, ADA, and
ADEA charges that they originally receive.
1. For charges originally received by the EEOC and/or
to be initially processed by the EEOC, the FEPA
waives its right of exclusive jurisdiction to
initially process such charges for a period of 60
days for the purpose of allowing the EEOC to
proceed immediately with the processing of such
charges before the 6lst day.
In addition, the EEOC will initially process the
following charges:
-- All Title VII/ADA charges received by the FEPA
180 days or more after the date of violation;
Concurrent Title VII/EPA charges;
All charges against the FEPA or its parent
organization where such parent organization
exercises direct or indirect control over the
charge decision making process;
All charges filed by EEOC Commissioners;
Charges also covered by the Immigration Reform
and Control Act;
-- Complaints referred to EEOC by the Department of
Justice, Office of Federal Contract Compliance
Programs, or Federal fund-granting agencies under
29 CFR ~ 1640, 1641, and 1691.
Any charge where EEOC is a party to a
Conciliation Agreement or a Consent Decree which,
upon mutual consultation and agreement, is relevant
to the disposition of the charge. The EEOC will
notify the FEPA of all Conciliation Agreements and
Consent Decrees which have features relevant to the
disposition of subsequent charges;
- - Any charge alleging retaliation for filing a
charge with EEOC or for cooperating with EEOC; and
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-- ill charges against ResP9rdents which are
desilnated for initial processi~ by the EEOC in a
supplementary memorandum to this Agreement.
2.
The FEPA will initially process the following types
of charges:
Any charge alleging retaliation for filing a
charge with the FEPA or cooperating with the FEPA;
Any charge where the FEPA is a party to a
Conciliation Agreement or a Consent Decree which,
upon mutual consultation and agreement, is relevant
to the disposition of the charge. The FEPA will
provide the EEOC with an on-going list of all
Conciliation Agreements and Consent Decrees which
have features relevant to the disposition of
subsequent charges;
-- All charges which allege more than one basis of
discrimination where at least one basis is not
covered by the laws administered by EEOC but is
covered by the FEPA Ordinance, or where EEOC is
mandated by federal court decision or by internal
administrative EEOC policy to dismiss the charge,
but FEPA can process that charge.
All charges against Respondents which are
designated for initial processing by FEPA in a
supplementary memorandum to this Agreement; and
-- All disability-based charges against Respondents
over which EEOC does not have jurisdiction.
-- In addition, the EEOC will defer to the FEPA for
processing all Title VII and ADA charges received
that are jurisdictional to the FEPA. This process
will remain in effect until the FEPA has a
manageable work inventory.
B. Notwi thstanding any other provision of the Agreement, the
FEPA or the EEOC may request to be granted the right to
initially process any charge subject to agreement of the
other agency. Such variations shall not be inconsistent
with the objectives of this Worksharing Agreement or the
Contracting Principles.
C. Each Agency will on a quarterly basis notify the other of
all cases in litigation and will notify each other when
a new suit is filed. As charges are received by one
Agency against a Respondent on the other Agency's
litigation list a copy of the new charge will be sent to
the other Agency's litigation unit within 10 working
days.
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IV.
EXCHANGE OF INIORMATION I
A. Both the FEPA and EEOC shall make available for
inspection and copying to appropriate officials from the
other Agency any information which may assist each Agency
in carrying out its responsibilities. Such information
shall include, but not necessarily be limited to,
investigative files, conciliation agreements, staffing
information, case management printouts, charge processing
documentation, and any other material and data as may be
related to the processing of dual-filed charges or
administration of the contract. The Agency accepting
information agrees to comply with any confidentiality
requirements imposed on the agency providing the
information. With respect to all information obtained
from EEOC, the FEPA agrees to observe the confidentiality
provisions of Title VII, ADEA, and ADA.
B. In order to expedite the resolution of charges or
facilitate the working of this Agreement, either Agency
may request or permit personnel of the other Agency to
accompany or to observe its personnel when processing a
charge.
V. RESOLUTION OF CHARGES
A. Both agencies will adhere to the procedures set out in
EEOC's Order 916, Substantial Weight Review Manual, and
the State and Local Handbook as revised.
B. For the purpose of according substantial weight to the
FEPA final finding and order, the FEPA must submit to the
EEOC copies of all documents pertinent to conducting a
substantial weight review; the evaluation will be
designed to determine whether the following items have
been addressed in a manner sufficient to satisfy EEOC
requirements; including, but not limited to:
1. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory,
3. relief, if appropriate,
4. mechanisms for monitoring and enforcing compliance
with all terms of conciliation agreements, orders
after public hearing or consent orders to which the
FEPA is a party.
C.
In order to be eligible for
payment, submissions must meet
administrative requirements
Contracting Principles.
contract credit and/or
all the substantive and
as stipulated in the
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D.
For the PfPoses of determining eligi.ility for contract
payment, final action is defined cis the point after
which the charging party has no administrative recourse,
appeal, or other avenue of redress available under
applicable State and Local statutes.
VI. IMPLEMENTATION OF THE WORKSHARING AGREEMENT
A. Each agency will designate a person as liaison official
for the other agency to contact concerning the day-to-day
implementation for the Agreement. The liaison for the
FEPA will be Agency's Executive Director. The liaison
official for the EEOC will be the State and Local
Coordinator.
B. The agencies will monitor the allocation of charge-
processing responsibilities as set forth in the
Agreement. Where it appears that the overall projection
appears inappropriate, the appropriate portions of this
Agreement will be modified to ensure full utilization of
the investigation and resolution capacities of the FEPA
and rapid redress for allegations of unlawful employment
discrimination.
C.
EEOC will provide original
FEPA, in accordance with
Compliance Manual to be
correspondence with Charging
forms to be copied by the
the Regulations and the
used by the FEPAs in
Parties and Respondents.
D. If a dispute regarding the implementation or application
of this agreement cannot be resolved by the FEPA and
District Office Director, the issues will be reduced to
writing by both parties and forwarded to the Director of
the Office of Program Operations for resolution.
E. This Agreement shall operate from the first (1st) day of
October 1996 to the thirtieth (30th) day of September -f-i-n 1997
t:.-fle--......-ea~--t-fte--ee'li"t::-~aet.--~ne.'Bi and may be renewed or
modified by mutual consent of the parties.
Date
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and I accept
I have read the foregoing W
and agree to the provisions con
Fe eri stales, District Director
E ualEroploymentOpportunityCommission
Mlami, District Office
Date
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Bet~~a~ City Manager
Hum~~elations Department, City of
Clearwater
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