Policy Chapters and Sections

Retaliation

Chapter: 10 Section: 8.11
Effective Date: 2/15/2019
Expiration Date: Continuing
Published Date: 9/9/2020 2:18:40 PM
Status: Current
Version: 2

Tags: EO, Disability, Equal Employment Opportunity, Nondiscrimination, NDP, NDP

  1. DCEO has a zero-tolerance policy that prohibits retaliation, intimidation, or reprisal during any protected activity during complaint investigations. Individuals have the right to file complaints if they believe they have been subjected to intimidation, coercion or other threatening behavior because they:
    1. Filed or threatened to file a complaint;
    2. Opposed a practice prohibited by the nondiscrimination and equal opportunity provisions of WIOA; or
    3. Exercised any rights and privileges, including furnishing information to, or assisting in any manner, an investigation, review, hearing or any other activity related to the provisions under 29 CFR Part 38.2.
  2. In general, EOMC maintains confidentiality regarding the identity of individuals who file complaints, supply information, oppose discriminatory actions or behaviors, or participate in investigations.
  3. IDES has also implemented policies and procedures to ensure its obligations, with respect to discrimination complaint processing procedures, are in compliance with WIOA and federal regulations. IDES’ Office of Equal Employment Opportunity/Affirmative Action has designated responsibility for the development and implementation of procedures for processing complaints alleging discrimination under the provisions of 29 CFR 38.72 to its Investigations Manager.
  4. The Illinois Department of Employment Security has adopted and published procedures providing for the prompt and equitable resolution of complaints alleging violations of the nondiscrimination/equal opportunity provisions. The IDES EO Officer has adopted and published the complaint procedures and ensures that they are followed. Furthermore, the EO Office maintains logs of discrimination complaints filed. Such logs contain the name and address of the complainant, basis and description of complaint, date filed, and disposition of complaint. The complaints received are from IDES employees or manager referrals, the Equal Employment Opportunity Commission, the Illinois Department of Human Rights and IDES clients.
  5. All internal publications reflect the following information:  ensure that all timeframes associated with the filing of complaints are spelled out (time frames are currently spelled out in the Affirmative Action Plan); instructions for filing complaints directly with the Civil Rights Center (CRC); the filing of a time extension is granted by the CRC Director; and EO internal policy and procedures for processing complaints ensure that all required information is provided to and obtained from complainant. All external complaints are handled in accordance with Federal and State regulations. The "EO is The Law" poster which is posted in all local offices and other work areas provides detailed instructions for filing complaints.
  6. The nondiscrimination plan requires the State to describe how it ensures that complaint procedures have been developed and published; provide an initial written notice to the complainant which acknowledges that the complaint has been received; and provide to the complainant a written statement containing a list of issues raised in the complaint. It also requires that:  a period of fact-finding or investigation of the complaint occur; a period exists wherein an attempt to resolve the complaint is made; a written notice of final action be provided to the complainant; and along with the notice of final action, a notice that the complainant has a right to an appeal.
  7. To address these requirements, the IDES’ EO Office developed a formal, detailed, step-by-step approach relative to the management, investigation and disposition of EO cases. The complaint procedures and policy include an Alternative Dispute Resolution process. This formal process is explained in the enclosed policy and procedure sections 1200 and 1201 and adheres to the requirements set forth in the Federal guidelines for The Nondiscrimination Plan. (See EO Policies and Procedures 1200 through 1207 in the Attachments tab.)