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Agenda - 10-06-1997 - 8e
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Agenda - 10-06-1997 - 8e
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8/13/2013 4:14:38 PM
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BOCC
Date
10/6/1997
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8e
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Minutes - 19971006
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\Board of County Commissioners\Minutes - Approved\1990's\1997
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4 ' <br /> II . FILING OF CHARGES OF DISCRIMINATION <br /> A. In order to facilitate the assertion of employment <br /> rights, the EEOC and the FEPA each designate the other as <br /> its agent for the purpose of receiving and drafting <br /> charges, including those that are not jurisdictional with <br /> the agency that initially receives the charges . EEOC' s <br /> receipt of charges on the FEPA' s behalf will <br /> automatically initiate the proceedings of both EEOC and <br /> the FEPA for the purposes of Section 706 (c) and (e) (1) of <br /> Title VII . This delegation of authority to receive <br /> charges does not include the right of one Agency to <br /> determine the jurisdiction of the other Agency over a <br /> charge. Charges can be transferred from one agency to <br /> another in accordance with the terms of this agreement or <br /> by other mutual agreement . <br /> B. The FEPA shall take all charges alleging a violation of <br /> Title VII, ADEA, EPA, or the ADA where both the FEPA and <br /> EEOC have mutual jurisdiction or where EEOC only has <br /> jurisdiction-, so long as the allegations meet the minimum <br /> requirements of those Acts, and for charges specified in <br /> Section III .A. 1 . below, refer them to the EEOC for <br /> initial processing. <br /> C. Each Agency will inform individuals of their rights to <br /> file charges directly with the other Agency and or assist <br /> any person alleging employment discrimination to draft a <br /> charge in a manner which will satisfy the requirements of <br /> both agencies to the extent of their common jurisdiction. <br /> Normally, once an agency begins an investigation, it <br /> resolves the charge. Charges may be transferred between <br /> EEOC and Orange County Human Relations Commission within <br /> the framework of a mutually agreeable system. Each <br /> agency will advise Charging Parties that charges will be <br /> resolved by the agency taking the charge except when the <br /> agency taking the charge lacks jurisdiction or when the <br /> charge is to be transferred in accordance with Section <br /> III (DIVISION OF INITIAL CHARGE-PROCESSING <br /> RESPONSIBILITIES) . <br /> D. For charges that are to be dual-filed, each Agency will <br /> use EEOC Charge Form 5 (or alternatively, an employment <br /> discrimination charge form which within statutory <br /> limitations, is acceptable in form and content to EEOC <br /> and the FEPA) to draft charges . When a charge is taken <br /> based on disability, the nature of the disability shall <br /> not be disclosed on the face of the charge. <br />
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