IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
IN RE: EQUAL EMPLOYMENT OPPORTUNITY PLAN
(Revised March, 1987)
It is ORDERED that the attached Equal Employment Opportunity Plan be and hereby is adopted for
this District, and shall be adhered to by each unit of the Court in accordance with procedures set forth
in said plan.
Entered the 25th day of March, 1987.
/s/ James C. Turk
CHIEF UNITED STATES DISTRICT JUDGE
I. PREAMBLE
The Judicial Conference of the United States has directed that each court adopt a plan in
conformance with the national policy of providing equal employment opportunity to all
persons regardless of their race,. sex, color, national origin, religion, age (at least 40 years of
age at the time of the Alleged discrimination), or handicap. Each court will promote equal
employment opportunity through a program encompassing all facets of personnel management
including recruitment, hiring, promotion and advancement. This program, which will be
periodically evaluated, is not intended to modify or reduce the qualification standards for
employment in the Federal courts as such standards have been approved by the Judicial
Conference of the United States.
II. SCOPE OF COVERAGE
The Equal Employment Opportunity Program applies to all court personnel including judges'
staffs and court officers and their staffs.
III. ORGANIZATION
A. Implementation
The court shall implement the Equal Employment opportunity Program. On behalf of
the court, the Chief Judge will submit modifications in the plan for judicial council
approval.
B. Heads of Court Support Units
The heads of each court support unit must ensure that all vacancies are publicly
announced to attract candidates who represent the make-up of persons available in the
qualified labor market and all hiring decisions are based solely on job-related factors.
They should make reasonable efforts to see that the skills, abilities and potential of each
employee are identified and developed, and that all employees are given equal
opportunities for promotions by being offered, when the work of the court permits and
within the limits of available resources, cross-training, reassignments, job restructuring,
special assignments and outside job-related training.
C. Judge, Court Managers and Supervisors
Judges and designated court managers and supervisors must apply equal employment
opportunity practices and policies in their work units. This includes giving each
employee a fair and equal opportunity to demonstrate his or her skills and, where those
abilities exceed general performance standards, to be recommended for personnel
actions and awards recognizing such achievements. As resources permit, it also requires
providing training programs which enable employees to develop their job skills fully.
D. Equal Employment Opportunity Coordinator
The court will designate one person to be the Equal Employment opportunity
Coordinator. This person will be responsible for collecting, analyzing and consolidating
the statistical data and statements prepared by each court unit. The Coordinator will then
prepare an annual report for the Chief Judge and the Administrative Office describing
the court's achievements in providing equal employment opportunities, identifying those
areas in which improvements are needed, and explaining those factors inhibiting
achievement of equal employment opportunity objectives. Based on this evaluation and
report, the Coordinator will recommend modifications in the plan to the Court. The
Coordinator will also seek to resolve discrimination complaints informally and will
provide EEO information to the public.
IV. PERSONNEL PRACTICES
A. Recruitment
Each court unit will seek qualified applicants who reflect the make-up of all such
persons in the relevant labor market. Each unit will publicize all vacancies.
B. Hiring
Each court unit will make its hiring decisions strictly upon an evaluation of a person's
qualifications and ability to perform the duties of the position satisfactorily.
C. Promotion
Each court unit will promote employees according to their experience, training, and
demonstrated ability to perform duties of a higher level.
D. Advancement
Each court unit will seek insofar as reasonably practicable to improve the skills and
abilities of its employees through cross-training, job restructuring, assignments, details,
and outside training.
E. Discrimination Complaints
The court adopts the procedures for resolving discrimination complaints set forth in
Appendix I.
V. EVALUATIONS
Each court unit will prepare a brief report for the EEO Coordinator describing its efforts to
provide equal employment opportunities in -
a. Recruitment. Each court unit will describe briefly efforts made to bring a fair cross-
section of the pool available for the position into its applicant pool, including listing all
employment sources used (e.g., state employment offices, schools, organizations, etc.).
Each unit will also explain the methods it uses to publicize vacancies.
b. Hiring. Each court unit will identify where its recruitment efforts resulted in the hiring
of a cross section of the pool available and will, if known, explain those instances where
members of the cross-section did not accept employment with the court when it was
offered.
c. Promotions. Each court unit will briefly describe promotional opportunities which
occurred and will provide an analysis of the distribution of promotions, including a
description of those persons who were promoted to supervisory positions.
d. Advancement. Each court unit will describe what efforts were made to improve the
skills and abilities of employees through cross-training, job restructuring, assignments,
details, and outside training.
In addition, this evaluation should include information or factors inhibiting achievement of
EEO objectives such as no vacancies, minimal numbers of qualified applicants in the relevant
labor market, and on all persons in the unit who have received all relevant training. This report
will also include a breakdown according to the race, sex, national origin and handicap of the
court's personnel involved on forms to be provided by the Administrative Office of the United
States Courts. The report will cover personnel actions occurring in the year ending September
30 and will be submitted to the EEO Coordinator by November 1 of each year.
VI. OBJECTIVES
Each court unit will develop annually its own objectives which reflect those improvements
needed in recruitment, hiring, promotions, and advancement, and will prepare a specific plan
for the EEO Coordinator explaining how those objectives will be achieved.
VII. ANNUAL REPORT
The EEO Coordinator will prepare for the court's approval an annual report for the year ending
September 30, consolidating the data and statements received from each court unit. The report
will include tables to be provided by the Administrative Office of the United States Courts
consolidating the information provided by each court unit. It will also describe instances where
significant achievements were made in providing equal employment opportunities, will
identify areas where improvements are needed, and will explain factors inhibiting achievement
of equal employment opportunity objectives. Upon approval of the court, this report will be
submitted by the Chief Judge to the Administrative office of the United States Courts by
November 30 of each year.
APPENDIX I
EQUAL EMPLOYMENT OPPORTUNITY PLAN
DISCRIMINATION COMPLAINT PROCEDURES
I. SCOPE OF COVERAGE
All applicants for court positions and all court personnel, may seek timely redress of
discrimination complaints through these procedures. These procedures, however, are not
intended to be a replacement for the working relationship which must exist between
supervisors and employees, nor are they intended to interfere with the administrative processes
of the courts.
II. DEFINITION
A discrimination complaint is any allegation that a person has been denied employment,
promotion, or advancement, or has been affected in any other condition of employment,
because of his or her race, sex, color, national origin, religion, age (at least 40 years of age at
the time of the alleged discrimination), or handicap. It also includes allegations of restraint,
interference, coercion, discrimination or reprisal because a person has raised an allegation of
discrimination or has served as a representative, a witness, or an EEO Coordinator in
connection with a complaint. It does not include complaints relating other dissatisfactions in a
person's conditions of employment which are commonly known as grievances.
III. RIGHTS OF PERSONNEL
A. Retaliation
Every complainant has the right to be free from retaliation, coercion or interference
because of filing a timely complaint.
B. Representation
Every complainant and every person against whom a complaint has been filed has the
right to be represented by a person of his or her choice if such person is available and
consents to be representative. A court employee may accept the responsibilities of
representation if it will not unduly interfere with his or her court duties or constitute a
conflict of interest. A representative who is a court employee shall be free from
restraint, interference, coercion, discrimination, and reprisal and shall have a reasonable
amount of official time to accompany, represent, and advise the complainant or the
person complained against at any stage in the complaint procedure.
C. Notice
Every person against whom a complaint has been timely filed has the right to have
notice of the charges filed against him or her. All persons involved have the right to
reasonable notice of any hearing conducted on a complaint.
D. Preparation
All court employees involved in a complaint may use a reasonable amount of official
time to prepare their case so long as it does not unduly interfere with the performance of
their court duties.
IV. PROCEDURES
A. Initiation of a Complaint.
Any applicant or any court employee, or his or her representative, may file a timely
discrimination complaint with the EEO Coordinator. If the EEO Coordinator is named
in the complaint or otherwise directly involved in the complaint, he or she shall
promptly transmit the complaint to the Chief Judge or a designee who will appoint
another person to perform the functions of the EEO Coordinator with respect to the
complaint in question. The complaint must be in writing, must allege all relevant facts
constituting the basis for such complaint, and must specify the relief requested. A
complaint form is available upon request.
B. Informal Procedures
Upon receipt of a complaint, the EEO Coordinator:
1. May reject a complaint that was not timely filed and shall reject those allegations
in the complaint that are not within the purview of Section II of these
discrimination complaint procedures, or that set forth identical matters contained
in a pending or previous complaint filed by the same complainant;
2. Will make any investigation into the matter which he or she deems necessary;
3. Will consult with the involved parties and seek an informal resolution of the
problem;
4. Will prepare a report to the parties identifying the issues, describing his or her
findings and recommendations, explaining what resolution, if any, was achieved,
and defining what corrective actions, is any, will be undertaken; and
5. May cancel a complaint because of the complainant's failure to prosecute the
complaint.
C. FORMAL PROCEDURES
1. Filing
If either the complainant or the person against whom the complaint has been filed
objects to the rejection or cancellation of the complaint, or any portion thereof, or
to the findings and recommendations of the EEO Coordinator, such person may
file a written request with the Chief Judge or a designee to have the matter
reviewed.
2. Review
Upon receipt of a request to review the findings and recommendations of the
EEO Coordinator, the Chief Judge or a designee will:
a. Conduct any additional investigation which he or she deems necessary;
b. Determine whether to interview the parties or other persons;
c. Determine whether to hold a formal hearing on the matter; and
d. Issue a final decision on the rejection, cancellation, or merits of the
complaint if it is found that no interviews or hearings are necessary.
3. Hearing
If the Chief-Judge or a designee finds that a hearing is necessary, all parties will
be notified of such action. At the hearing, each party will have the right to
representation, to present evidence on his or her behalf, and to cross-examine
adverse witnesses. The Chief Judge will issue a final decision on the merits based
upon his or her findings.
D. Deadlines
Initial complaints and the review of complaints are subject to the following deadlines:
1. All complaints must be filed within 15 calendar days of a particular act or
occurrence or within 15 calendar days of becoming aware of the act or
occurrence, and no late filing will be accepted unless good cause is presented to
the EEO Coordinator;
2. The EEO Coordinator will prepare a report within 20 calendar days after
consultation with the involved parties;
3. All requests for review of the EEO Coordinator's findings must be submitted
within 5 calendar days after receipt of the report;
4. The Chief Judge or designee will issue a final decision within 45 calendar days
after receipt of the request if no hearing is held;
5. The Chief Judge or designee will issue a final decision within 30 calendar days
after the close of a hearing; and
6. The Chief Judge may extend any of the above-mentioned deadlines for good
cause.
V. RECORDS
All papers, files, and reports will be filed with the EEO Coordinator at the conclusion of any
informal or formal proceeding in a complaint. No papers, files, or reports relating to a
complaint will be filed in any employee's personnel folder, except as necessary to implement
disciplinary action against any person who engaged in discriminatory conduct.
VI. ANNUAL REPORT
The EEO Coordinator will prepare an annual report for the year ending September 30,
indicating;
1. The number of complaints initiated;
2. The types of complaints initiated according to race, sex, color, national origin, religion,
age or handicap;
3. The number of complaints resolved informally;
4. The number of complaints resolved formally without a hearing; and
5. The number of complaints resolved formally with a hearing.
The foregoing information will not identify the names of the parties involved. A copy of the
report will remain in the Court and will be made available to the public upon request.
VII. NOTICE
Copies of these procedures shall be given to all employees and, upon request, to members of
the public.
