Human Resources

1
Human Resources
EQUAL EMPLOYMENT OPPORTUNITY

• Employee Orientation

2
EEO Purpose

• Identify, reduce and eliminate underutilization
• Identify and eliminate employment policies,
  procedures, or practices with adverse impact on
  underutilized groups
• Provide reasonable accommodations
• Monitor program effectiveness
• Continue to maintain EEO and HR policies,
  procedures, and practices

3
EEO Employee Orientation

• Purpose To inform non-supervisory employees of
  their rights and obligations under the
• Merit-based employment process
• EEO policy
• Workplace harassment policy
• ADA policy

4
Human Resources

• EQUAL EMPLOYMENT OPPORTUNITY
• Merit Based Recruitment and Selection
• DJJDP16/HR 2.3
• Employee Orientation

5
Merit Based Employment Plan

• POLICY STATEMENT the department shall give
  equal employment opportunity to all applicants,
  without regard to race, religion, color, creed,
  sex, age, disability, or political
  affiliation/influence and selection shall be
  based solely on job related criteria
• The recruitment and selection process shall be
  consistently applied, nondiscriminatory, and
  promote fairness, diversity, and integrity
• The recruitment and selection process shall also
  comply with all federal and state laws,
  regulations, and policies

6
Merit Based Employment Commitment

• The Department demonstrates commitment and
  support of the merit-based employment plan by
• ensuring that all hiring practices are applied
  consistently and equitably, and
• ensuring the employment process complies with all
  applicable State and Federal laws, policies, and
  rules

7
Merit Based EmploymentDefinitions

• Essential Qualifications Minimum training and
  experience requirements including knowledge,
  skills, abilities, and selective criteria
  included on the vacancy announcement
• Qualified Those applicants whose credentials
  indicate the possession of training and
  experience, selective criteria, and KSA's
  included in the vacancy announcement
• Most Qualified The group of applicants who, to
  the greatest extent, possess qualifications that
  exceed the minimum requirements described in the
  vacancy announcement

8
Merit Based Employment Posting

• The hiring manager, in conjunction with HR staff,
  shall determine the appropriate option in posting
  a vacancy
• internal to Department
• internal to state government, or
• external
• HR staff shall consult with hiring managers to
  determine additional recruitment sources, if
  needed to target specific audiences

9
Merit Based EmploymentApplying

• Applicants are responsible for
• obtaining vacancy information in order to submit
  the required materials
• providing full and complete information regarding
  their qualifications and
• submitting materials for the vacancy by the
  established deadline

10
Merit Based Employment Determining Qualified
Applicants

• Applications are submitted to the HR Division
• HR shall screen all applications to determine
  which applicants meet minimum qualification
  requirements including any selective criteria

11
Merit Based EmploymentDetermining Most Qualified
Applicants

• Where there are 10 or fewer applicants who meet
  the minimum qualifications, all shall be
  forwarded directly to the hiring manager in
  alphabetical order
• If 5-10 applicants clearly exceed essential
  qualifications, they will referred to the hiring
  manager as the most qualified
• If the number of applications exceed this range,
  a more detailed analysis may be in order

12
Merit Based Employment Determining Most
Qualified Applicants

• A panel may be used to determine the most
  qualified applicants. Panel members
• Normally do not report directly to the hiring
  manager
• Work in a closely-related field to the position
  being filled
• Include an HR representative to ensure that
  merit-based policies and procedures are
  consistently applied
• Are familiar with selection guidelines
• Represent the organizations diversity, and
• Consist of 2-5 members depending upon the number
  of applicants being rated

13
Merit Based Employment Priority Status

• HR staff identifies applicants with priority
  status and refers applications for consideration
  according to policy
• RIF Reemployment Priority
• Exempt Re-employment Priority
• Veterans Preference
• State Employees Promotional Priority
• Workers Comp Re-employment Priority

14
Merit Based Employment Selection

• The hiring manager selects the recommended
  applicant from among the most qualified
  applicants
• The hiring manager documents the selection
  process and justifies the hiring decision
• HR staff shall review the application package to
  ensure compliance with merit based employment
  policy, the EEO policy, and all applicable laws

15
Merit Based Employment Appeals

• If an applicant has reason to believe he was
  denied employment due to political affiliation or
  influence, the applicant may appeal the hiring
  decision
• Through the DJJDP mediation process within 15
  days of written notification that the position
  has been filled, or
• Directly to the Office of Administrative Hearings
  within 30 days of notice

16
Merit Based Employment Required Elements
of Appeal

• Applicant applied for the position in question
  within the required deadline
• Applicant was not hired into the position
• Applicant was among the most qualified persons
  applying for the position
• Successful applicant for the position was not
  among the most qualified persons applying for the
  position and
• Hiring decision was based upon political
  affiliation or political influence

17
Human Resources

• EQUAL EMPLOYMENT OPPORTUNITY
• Equal Employment Opportunity Policy
• DJJDP16/HR 1.1
• Employee Orientation

18
EEO PolicyFederal Discrimination Laws

• Title VII of the Civil Rights Act of 1964 (Title
  VII) - prohibits employment discrimination based
  on race, color, religion, sex, or national origin
• Equal Pay Act of 1963 - protects men and women
  who perform substantially equal work in the same
  establishment from sex-based wage discrimination
• Age Discrimination in Employment Act of 1967 -
  protects individuals who are 40 years of age or
  older
• Americans with Disabilities Act - prohibits
  employment discrimination against qualified
  individuals with a disability
• Civil Rights Act of 1991 - provides monetary
  damages in cases of intentional discrimination
  and requires the business necessity defense to
  Title VII disparate impact claims

19
EEO PolicyState Discrimination Laws

• State Personnel Act (GS 126) - prohibits state
  agencies from discriminating based on race,
  religion, color, creed, national origin, sex,
  age, or handicapping condition. Prohibits
  retaliation. Provides appeal rights for state
  employees
• Persons With Disabilities Protection Act
  (GS168A-5) - ADA companion legislation -
  provides ADA remedies in state courts
• Public Health Law of North Carolina (GS130A-148)
  - employers may not deny continued employment to
  person because he/she possesses AIDS virus or HIV
  infection

20
EEO Policy

• It is the policy of the State of North Carolina
  and DJJDP to provide equal opportunity in
  employment for all qualified persons and to
  prohibit discrimination in employment because of
  race, color, religion, sex, national origin, age,
  or disability

21
EEO Policy

• In furtherance of this policy, DJJDP shall
• Base selection, hiring and promotion decisions on
  valid, job-related requirements and criteria
• Provide reasonable accommodations
• Prohibit retaliatory actions against staff
  members or applicants who make or assist in a
  charge of employment discrimination
• Ensure a work environment that is free from
  discrimination
• Administer all employment practices without
  discrimination

22
EEO Policy

• Employment Practices Include
• recruitment and selection
• hiring and placement of applicants and staff
  members
• Compensation and advancement opportunities
• evaluation of work performance
• selection for training
• disciplinary and grievance procedures
• transfer, demotion, termination and/or
  reduction-in-force of staff members

23
EEO Policy

• The Department recognizes that the Equal
  Employment Opportunity Policy will best serve the
  public interest by
• ensuring that personnel practices are
  non-discriminatory
• promoting public confidence in the fairness and
  integrity of state government

24
EEO Plan

• EEO employment objectives are annual projections
  of the likely representation of individuals by
  race and gender in each occupational category
  based on specific strategies targeted at
  eliminating or reducing underutilization
• Projections are based on utilization analysis,
  expected turnover, labor market availability and
  other factors

25
Roles and Responsibilities

• The Secretary is fully committed to the
  implementation of the Departments EEO Policy
• The ultimate effectiveness of this policy depends
  upon its implementation by all managers and
  supervisors
• Every employee will work diligently toward
  ensuring the success of this policy

26
Human Resources Responsibilities

• Human Resources Director has primary oversight
• EEO Officer is responsible for monitoring and
  implementing program
• EEO Coordinator will review and evaluate the EEO
  Plan and present periodic reports to the DJJDP
  Human Resources Director and Secretary as
  requested

27
DJJDP EEO OfficerJohn Eley, HR - 919-715-5966,
ext 348

• Responsible for the overall implementation of the
  Department's Equal Employment Opportunity Plan
• Develop written EEO Plan for DJJDP to conform
  with all applicable laws and regulations
• Appoint and serve as permanent member of EEO
  committee
• Report status of the EEO program, implementation
  and effectiveness
• Publicize and communicate the plan

28
DJJDP EEO CoordinatorDeb Ginn, HR -
919-715-5966, ext. 223

• Collect and analyze statistics required in the
  Plan
• Maintain contacts with local agencies,
  associations, organizations and other sources of
  applicants
• Monitor placements and provide appropriate
  assistance to ensure successful performance
• Assist managers and supervisors to implement
  proposed reasonable accommodations
• Coordinate EEO training
• Maintain personnel records consistent with
  requirements of the Plan

29
Role of Managers and Supervisors

• Managers and supervisors shall
• Identify problem areas
• Make every effort to achieve program objectives
  and maintain a diverse workforce
• Provide employees access to career counseling and
  training
• Make every effort to prevent and correct any
  unlawful workplace harassment of employees and
• Provide work environment and management practices
  which support equal opportunities in all aspects
  of employment

30
EEO Committee

• Selected by EEO Officer/Secretary EEO Officer
  and EEO Coordinator co-chair the committee
• Provides suggestions on EEO and operation of Plan
  and guidelines
• Creates a communication link between managers and
  employees on aspects of the EEO Plan and program
• Facilitates resolution of potential EEO problem
  areas in DJJDP
• Recommends EEO policy and plan changes
• Identifies recruitment sources, programs for
  mobility and other activities to strengthen EEO

31
EEO POLICY AND PLANInternal Dissemination

• EEO Plan and a copy of each document referred to
  in the Plan will be kept on file in the with EEO
  Officer and at the Office of State Personnel
  (OSP)
• Copy of the Plan will be given to each Assistant
  Secretary and division head who are required to
  review Plan and communicate to all employees in
  their respective divisions
• New employees are informed of EEO Plan and its
  availability

32
EEO POLICY AND PLANExternal Dissemination

• All written communication shall include the
  following An Equal Opportunity Employer e.g.,
  job announcements, ads, and department letterhead
• Applicants, vendors, and suppliers will be
  informed of the EEO plan and its availability
  for review
• Memo explaining how applicants and the public may
  obtain a copy of the EEO Plan is posted in each
  HR office in the department

33
EEO Procedures and Activities

• EEO plan program objectives are achieved through
  implementation of EEO procedures and activities
  in the following areas
• Employment
• EEO orientation
• Compensation and benefits
• Career development
• Performance appraisals
• Disciplinary action
• Reduction-in-force
• Grievance procedures

34
EEO Procedures and ActivitiesEmployment

• The department will
• Ensure that job requirements, selection
  procedures, hiring standards and the placement
  process are non-discriminatory
• Prepare equal employment opportunity plans
  setting forth specific steps that will be taken
  to seek appropriate representation in applicant
  pools
• Provide merit-based employment training
• Conduct open recruitment

35
EEO Procedures and ActivitiesEEO Orientation and
Training

• EEO policy orientation sessions are provided for
• Executive Team
• Managers and Supervisors
• Employees

36
EEO Procedures and ActivitiesEmployee
Compensation and Benefits

• The Department utilizes a structured, uniform
  salary administration process to ensure fairness
  and equity in compensation

37
EEO Procedures and ActivitiesCareer Development

• The Department ensures equal opportunity in the
  selection of participants in training programs
  regardless of race, religion, national origin,
  sex, age, or physical disability

38
EEO Procedures and ActivitiesPerformance
Appraisals

• EEO Officer and Coordinator are available to
  assist managers in establishing unbiased
  performance standards and methods for
  implementation

39
EEO Procedures and ActivitiesDisciplinary Actions

• All disciplinary actions, demotions, and
  terminations of employees shall be handled in
  accordance with policies adopted by the State
  Personnel Commission and without regard to race,
  religion, sex, creed, national origin,
  disability, age, and (in the event of
  termination) marital status

40
EEO Procedures and ActivitiesReduction-in-Force

• The department must
• Follow systematic procedures for determining
  which positions will be reduced or eliminated.
• Evaluate employees subject to reduction-in-force
  by using the established criteria, where possible
• Develop an impact analysis of proposed
  reduction-in-force on the agencys workforce
  demographics

41
EEO Procedures and ActivitiesGrievance Procedures

• The Department has developed a grievance
  procedure to ensure the fair and equitable review
  of employment complaints. This policy shall be
  made available to all employees. Discrimination
  grievances may be filed
• With the Department EEO Officer within 30 days
• With the Office of Administrative Hearings within
  30 days
• With the Equal Employment Opportunity Commission
  within 180 days

42
EEO Procedures and ActivitiesGrievance Procedures

• Discrimination complaints filed with DJJDP must
  contain
• Basis of complaint (e.g., race, sex, retaliation,
  etc)
• Date of alleged act
• Name, home address, home and work telephone
  number, job title, social security number, and
  work location

43
EEO Procedures and ActivitiesGrievance Procedures

• Discrimination complaints filed with DJJDP must
  be sent to
• Dept of Juvenile Justice and Delinquency
  Prevention
• Attn Equal Employment Opportunity Officer
• 1801 Mail Service Center
• Raleigh, NC 27699-1801
• Courier 56-20-08

44
EEO Procedures and ActivitiesGrievance Procedures

• Discrimination complaints filed with the Office
  of Administrative Hearings must be sent to
• Office of Administrative Hearings
• 424 N. Blount Street
• Capehart-Crocker House
• 6714 Mail Service Center
• Raleigh, NC 27699-6714

45
EEO Procedures and ActivitiesGrievance Procedures

• Discrimination complaints filed with the EEOC
  must be filed within 180 days of the alleged act
  to
• Equal Employment Opportunity Commission
• 5500 Central Avenue
• Charlotte, NC 27212, or
• Equal Employment Opportunity Commission
• 1309 Annapolis Drive
• Raleigh, NC 27608

46
Human Resources

• EQUAL EMPLOYMENT OPPORTUNITY
• Unlawful Workplace Harassment Policy
• DJJDP 16/HR1.2
• Employee Orientation

47
Unlawful Workplace Harassment Defined

• Unwelcome or unsolicited speech or conduct based
  upon race, sex, creed, religion, national origin,
  age, color or handicapping condition that creates
  a hostile work environment or involves quid pro
  quo

48
Unlawful Workplace Harassment Policy

• PURPOSE This policy is intended to provide
  employees of DJJDP with an explanation of the
  States mechanism for addressing any complaint of
  conduct that falls under the definition of
  unlawful workplace harassment

49
Unlawful Workplace HarassmentPolicy Statement

• The policy of the department is that all
  employees shall conduct themselves in a
  professional manner in all their interactions
  with colleagues, students and the public in
  general
• It is further required by law that no employee
  may engage in conduct that falls under the
  definition of unlawful workplace harassment
  indicated below
• All state employees are guaranteed the right to
  work in an environment free from unlawful
  workplace harassment and retaliation

50
Unlawful Workplace HarassmentPolicy Statement

• The department will conduct a prompt and
  impartial investigation of any allegations of
  unlawful conduct and review the totality of the
  circumstances to determine whether the alleged
  conduct constitutes unlawful workplace harassment
• Any interference, coercion, restraint or reprisal
  against a person complaining of unlawful
  workplace harassment is strictly prohibited

51
Unlawful Workplace HarassmentCovered Employees

• Former employees, full-time or part-time
  employees with permanent, probationary, trainee,
  time-limited or temporary appointments are
  covered under this policy
• Applicants are not covered under the state
  statute but are covered under other state and
  federal civil rights laws

52
Unlawful Workplace HarassmentHostile Work
Environment Defined

• A work environment that would be perceived to be
  hostile or abusive by a reasonable person and the
  particular person who is the object of the
  harassment
• Hostile work environment is determined by all the
  circumstances, including frequency of alleged
  harassing conduct, its severity, whether
  physically threatening or humiliating, and
  whether it unreasonably interferes with an
  employees work performance

53
Unlawful Workplace HarassmentQuid Pro Quo
Harassment

• This for that. Unwelcome sexual advances,
  requests for sexual favors, or other verbal or
  physical conduct when
• Submission to such conduct is made a condition of
  an individuals employment, or
• Submission to or rejection of such conduct by an
  individual is the basis for employment decisions
  affecting the individual

54
Unlawful Workplace HarassmentDiscipline

• Employees determined to be in violation of this
  policy will be subject to disciplinary action
• Unlawful workplace harassment is a violation
• Interference, coercion, restraint or reprisal
  against any person complaining of unlawful
  workplace harassment is a violation

55
Unlawful Workplace HarassmentDepartmental
Responsibilities

• Identify steps to prevent and correct unlawful
  workplace harassment and retaliation
• Provide a process that allows employees to feel
  comfortable reporting incidents of workplace
  harassment without fear of retaliation
• Promptly respond to all allegations of workplace
  harassment

56
Unlawful Workplace HarassmentEEO
Responsibilities

• Disseminate and communicate the policy to all
  department staff
• Educate new employees on the policy during
  orientation
• Conduct a thorough investigation of allegations
  of workplace harassment
• Assist any employee involved in the grievance
  process

57
Unlawful Workplace HarassmentSupervisor Duties

• Inform employees of the Unlawful Workplace
  Harassment Policy to create and maintain work
  environment free of harassment
• Address behavior that may lead to complaints of
  workplace harassment and counsel an offending
  employee as necessary
• Report complaints of workplace harassment to the
  EEO Officer and communicate steps taken to
  address and correct any concerns raised

58
Unlawful Workplace HarassmentEmployee
Responsibilities

• Adhere to departments policy and refrain from
  actions that may constitute harassment
• Inform departments HR director or EEO officer of
  any conduct which may be viewed as workplace
  harassment
• Stay informed about the policy to maintain a work
  environment free of workplace harassment and
  retaliation

59
Unlawful Workplace Harassment Appeals

• Any employee or former employee who is covered by
  this policy who feels that he has been unlawfully
  harassed in the workplace and wishes to file a
  grievance must follow the departments Unlawful
  Workplace Harassment grievance procedures

60
Unlawful Workplace Harassment Appeals

• Employee files written complaint
• To supervisor and HR director
• Within thirty days
• Department takes appropriate action
• Conducts investigation if appropriate
• Submits findings and recommendation
• Written response to grievant within sixty days

61
Unlawful Workplace Harassment Appeals

• Grievant Appeals to OAH
• If not satisfied or no response
• Within 30 days
• Case heard before Administrative Law Judge
• ALJ recommends decision to State Personnel
  Commission
• SPC makes final decision
• Grievant may also file simultaneous complaint
  with EEO within 180 days of alleged incident

62
Human Resources

• EQUAL EMPLOYMENT OPPORTUNITY
• Americans With Disabilities Act
• DJJDP 16/1.3 and 1.4
• Employee Orientation

63
Americans with Disabilities Act

• Purpose to establish departmental guidelines for
  compliance with the Americans with Disabilities
  Act (ADA)

64
ADAPolicy Statement

• The Americans with Disabilities Act is designed
  to protect and enhance the rights of Americans
  with disabilities In accordance with the ADA,
  the policy of the Department of Juvenile Justice
  and Delinquency Prevention is to
• prohibit discrimination against qualified staff
  and applicants with disabilities in all
  employment activities
• protect individuals from discrimination, coercion
  and intimidation when filing an ADA complaint or
  testifying and
• consider requests for and provide reasonable
  accommodation(s) to qualified staff and
  applicants with disabilities

65
ADA DefinitionsApplicant

• Applicant A person who applies for a position
  including individuals
• Not employed in state government
• Employed in another state department
• Already employed by DJJDP

66
ADA DefinitionsIndividual With Disability

• A person who has a physical or mental impairment
  that substantially limits one or more major life
  activities, has a record of such an impairment,
  or who is regarded as having such an impairment
• Physical impairment any physiological disorder
  or condition affecting one or more or the
  following body systems, neurological,
  musculoskeletal, special sense organs,
  respiratory cardiovascular, reproductive,
  digestive, genitourinary, hemic and lymphatic,
  skin, and endocrine
• Mental impairment any mental or psychological
  disorder

67
ADA DefinitionsIndividual With Disability

• Major life activities functions such as caring
  for oneself, performing manual tasks, walking,
  seeing, hearing, speaking, breathing, learning,
  and working
• Substantially limits unable to perform or
  significantly restricted in the performance of a
  major life activity that the average person in
  the general population can perform

68
ADA DefinitionsEssential Job Functions

• Qualified individual with a disability an
  individual with a disability who meets the skill,
  experience, education, and other job-related
  requirements of a position held or desired, and
  who, with or without reasonable accommodation,
  can perform the essential functions of a job
• Essential job functions the fundamental job
  duties of an employees position
• Marginal job functions those duties that are not
  critical to the position the position would
  still exist without these duties

69
ADA DefinitionsAccommodation

• Reasonable Accommodation Any modification or
  adjustment to a job or the work environment that
  will enable a qualified applicant or staff member
  with a disability to perform essential job
  functions
• Direct Threat A significant risk of substantial
  harm to the health or safety of the individual or
  others that cannot be eliminated or reduced by
  reasonable accommodation
• Undue Hardship Requiring significant difficulty
  or expense when considered in light of the nature
  and cost of the accommodation in relation to the
  size, financial resources and nature of the
  employer's business

70
ADA Eligibility

• Title I of the ADA prohibits discrimination in
  all employment practices including
• application procedures and hiring
• compensation and training
• promotions and evaluations
• dismissals and disciplinary actions, and
• medical examinations

71
ADA Eligibility

• This policy applies to the following
• All applicants for employment, promotion, lateral
  transfer, or reassignment
• Current staff members who, due to a physical or
  mental condition, may be unable to continue to
  perform the duties and responsibilities of their
  position, with or without a reasonable
  accommodation

72
ADA ProceduresDepartmental Responsibilities

• The department reviews requested accommodations
  and approves or disapproves them consistent with
  ADA
• Designates coordinators in each work location
  responsible for compliance with ADA policy and
  procedures
• Maintains a confidential record of requests for
  reasonable accommodation from applicants and
  staff members

73
ADA ProceduresRecruitment Process

• Managers review position descriptions to identify
  essential job functions prior to recruitment
• Provide detailed information related to essential
  job functions position in the job opportunities
  announcement
• Announcement may also include brief description
  of the work environment if the environment is
  unusual

74
ADA Procedures Selection Process

• Provide applicant a list of essential job
  functions for the position and for the
  certification process, if applicable
• Interviewers shall not inquire about disabilities
  under any circumstances nor require applicants to
  undergo pre-employment medical examinations
  unless approved by HR
• Qualified individuals shall ultimately be
  selected based upon specific job-related criteria

75
Reasonable Accommodation

• ADA requires reasonable accommodation to
• Ensure equal opportunity in the application
  process
• Enable a qualified individual with a disability
  to perform the essential functions of a job and
• Enable a staff member with a disability to enjoy
  equal benefits and privileges of employment

76
Reasonable Accommodation

• Obligation to provide reasonable accommodation
• Applies to all aspects of employment
• Is ongoing
• May arise any time a staff members disability or
  job changes

77
Reasonable Accommodation Requests

• It is the responsibility of the applicant/staff
  member to inform appropriate individual, i.e.,
  supervisor, hiring authority, etc, of the
  disability and request an accommodation
• Requests for reasonable accommodation shall be
  sent to the DJJDP HR Director

78
Reasonable Accommodation Requests

• Reasonable accommodation requests shall provide
  the following information
• Staff member/applicant name
• Social security number
• Position classification and number
• Date of request
• Nature of medical condition including any
  specific limitations, and
• Description of requested accommodation

79
Reasonable Accommodation

• The following requirements must be met before an
  obligation to make reasonable accommodation
  exists
• Individual requesting accommodation must be
  otherwise qualified
• Medical condition must be known to the Department
  and must satisfy the ADA definition of disability
  
• Reasonable accommodation must not impose an undue
  hardship or pose a significant risk

80
Reasonable Accommodation

• In determining disability under ADA, medical
  evidence may be necessary
• Medical info should be requested first from the
  physician treating the individual's condition
• The individual may be referred for a second
  opinion at departments expense for additional
  info needed to determine which essential job
  functions the individual is unable to perform

81
Reasonable Accommodation

• Upon determination that individual has a
  disability under ADA, the HR director shall
  consider the request for reasonable accommodation
  including
• Research to determine cost of accommodation
• Availability of other positions for a current
  staff member
• Alternate accommodations
• How many accommodations are already being made at
  that specific work location, etc.

82
Reasonable AccommodationReasons For Denial

• Undue hardship. In considering reasonable
  accommodation, the department must ensure that
  the cost of accommodation would not pose an undue
  hardship
• Direct threat. Department may require that
  individual not pose a direct threat to the
  health or safety of himself or others. There
  must be a significant risk of substantial harm
  supported by medical evidence

83
Reasonable AccommodationExamples

• Restructuring a job, e.g., reassigning marginal
  functions to another position
• Modifying work schedules
• Acquiring or modifying equipment
• Reassignment of a current staff member to a
  vacant position if the person becomes disabled
  and is unable to perform the essential job
  functions of the original position

84
Denial Of Accommodation

• If a current staff member seeking another
  position within department is denied
  accommodation, staff member may retain current
  position
• If requested accommodation is denied, the staff
  member shall be notified in writing and advised
  of the departments grievance procedures
• Management shall advise the staff member of all
  available benefits

85
ADA Appeals (16/HR 1.4)

• PURPOSE to provide an internal disability
  review process for the department staff who wish
  to file a grievance related to denial of
  protection under ADA the following issues may be
  grieved under this process
• Denial of protection under the ADA, which occurs
  when the individual is determined not to have a
  disability recognized under the ADA
• Disapproval of an accommodation

86
ADA Appeals

• During the Disability Review Process, neither the
  Department nor the employee shall be represented
  by any outside party
• An employee may have an individual provide
  assistance to accommodate a documented disability
  during the Disability Review Process
• The individual shall notify the Human Resources
  Division in advance of need for assistance and
  the request for assistance shall be approved by
  the Departments Human Resources Director

87
ADA Appeals

• The written appeal shall include
• Staff member name
• Staff members social security number
• Staff members work location
• Staff members classification
• Address where the employee wishes to have
  correspondence mailed, and
• Explanation of why the employee is appealing the
  decision and any other information the employee
  feels is relevant to his appeal

88
ADA Appeals

• Upon receipt of the written grievance, the HR
  director or designee shall be responsible for
  assigning the grievance to a member of the
  employee relations section for review
• After the review, the assigned investigator shall
  submit a written recommendation to the Secretary
  for review
• The Secretary may approve, disapprove or amend
  the recommendation
• The employee shall be notified in writing of the
  decision
• The employee may appeal a final decision of the
  department to the EEOC

89
Equal Employment OpportunityContact Information

• NC Department of Juvenile Justice and Delinquency
  Prevention
• Division of Human Resources
• 1801 Mail Service Center
• Raleigh, NC 27699-1801
• 919-715-5966
• Linda Washington, HR Director, ext. 212
• John Eley, EEO Officer, ext. 348
• Deb Ginn, EEO Coordinator, ext. 223