Scheme Nickname:
Discrimination complaints - local/state govt employees
Review of discrimination complaints by state or local government employees working for elected officials as authorized by the Government Employees Rights Act of 1991 (GERA). Covered discrimination claims include: race; color; national origin; age; disability; genetic information; and retaliation for protected actions protected under federal equal employment opportunity laws. (29 CFR Part 1603).
Types of Adjudication:
Type A
Distinctive Features:
Discovery proceedings are governed by the Federal Rules of Civil Procedure (29 CFR 1603.210), and evidentiary matters by the Federal Rules of Evidence (29 CFR 1603.214).
EEOC and state Fair Employment Practices (FEP) agencies may have overlapping jurisdiction on discrimination complaints filed by state/local government employees under GERA. If so, the FEP agency has exclusive jurisdiction to process such complaint for 60 days upon notification to EEOC. Also, EEOC and FEP agencies may enter into agreements whereby all GERA-related complaints are adjudicated by the FEP agency, or, conversely, solely by EEOC. (29 CFR 1603.103)
Other Comments:
Under Section 304 of the Government Employees Rights Act, employees of elected state/local officials -- who formerly were exempted from federal EEO laws -- may seek relief for employment discrimination from the EEOC. In contrast to federal sector claims adjudicated by the EEOC, GERA claims by state/local employees are adjudicated through formal APA procedures by ALJs. (EEOC does not employ ALJs; presumably, they are retained on an as-needed basis from another federal agency or OPM.) Discrimination complaints by federal employees are, but contrast, adjudicated under informal procedures using Administrative Judges.
Verified by Agency:
Verified
Is this a Major Adjudication:
Yes