Staff Reports - East Bay Municipal Utility District

Equal Employment Opportunity (EEO)
Discrimination/Harassment Complaints
NUMBER
PAGE NO.:
EFFECTIVE DATE
105
4
12 MAR 13
Components of the investigation will include:
Interviews with the complainant and respondent;
Interviews with witnesses identified by the complainant and respondent, and
any other witnesses deemed appropriate by the investigator; and
Review of personnel records and other relevant documents.
Prior to being interviewed, the complainant and respondent will be notified that a
union representative or another District person may be present during their
interview.
Intentionally deceiving or misleading an investigator will not be tolerated and
constitutes falsehood under Policy 2.05 Discipline Policy, which requires disciplinary
action up to termination of employment.
Depending on the situation, temporary measures to restrict and/or eliminate contact
between parties under investigation may be necessary. Such actions may include
separating the employees, temporarily reassigning one or both, and/or restricting
their work activities or locations until the investigation is complete and appropriate
corrective actions are taken. If it becomes necessary to remove an employee from
the workplace during an EEO investigation, the employee may receive paid leave.
Step 4: Possible Outcomes
All investigations will result in one of the following conclusions:
Discrimination/harassment not found if the conclusion is that the complaint
lacks merit or the incident did not constitute a violation of District EEO policy;
Insufficient evidence to find discrimination or harassment if the alleged actions
are uncorroborated, or a determination cannot be made based on the
information available; or
Discrimination/harassment found if there is an admission or sufficient
evidence that an EEO policy violation occurred.
Step 5: Appeals
If the complainant or respondent is dissatisfied with the report of findings issued by
the AA Officer, either may submit to the AA Officer a written response within 15
working days. The response must clearly detail the concerns about specific findings.
The AA Officer will consider the issues raised in the response and determine if
additional evidence or investigation deemed material to the findings is required.
Affirmative Action & Equal Employment Opportunity
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