Timeliness is important in any EEO complaint, but the 2002 Supreme Court decision in National R.R. Passenger Corp. v. Morgan created some distinction as to what incidents can and cannot be included in a complaint if they are not timely. Some claims, such as those involving reasonable accommodation, provide a unique challenge in light of Morgan, since reasonable accommodation determinations must be made promptly but often aren’t.
Ernest C. Hadley, Esq., presented After Morgan: Determining Timely EEO Complaints and Avoiding Unnecessary Investigation on Wed., November 16. Mr. Hadley discussed the Morgan decision's affect on the timeliness of EEO counselor contact for claims involving discrete personnel actions, hostile environment and reasonable accommodation, with an emphasis on the trends in the latest EEOC decisions and the July 2005 revisions to the EEOC Compliance Manual.
In this 90-minute audio conference, you'll find out:
- How to apply the doctrines of waiver, tolling and estoppel to cases involving questions of timely EEO counselor contact
- When and how to apply the "reasonable suspicion" standard
- Whether and when a complainant can make a "continuing violation" claim
- How the timeliness doctrines apply to the various situations that arise in federal sector EEO cases
(2005. Audiotape. 90 min. Printed materials provided. Shipping/handling included.)