U.S. EEOC Charlotte District Office
Email Newsletter
FALL 2024
EEOC Greenville Local Office staff, Gregory Somers, Nelson Quintana, Terrence O’Brien, Jorge Castaneda, and Lisa Jonhson-Dixon hosted a table at the Hispanic Heritage Festival in Greenville, SC.
During Hispanic Heritage Month, which runs from September 15th to October 15th, we honor the enduring legacy of culture, history, and accomplishments that Hispanic and Latino individuals and communities have contributed to our nation. Persons of Hispanic and Latino descent, whose heritage traces back to Spain, Mexico, Central and South America, and the Spanish-speaking nations of the Caribbean, have had an important role in shaping America’s life and culture since the nation’s founding. And with 65 million persons of Hispanic or Latino descent living in the United States—making up approximately 19.5% of the U.S. population—they are also an integral part of this nation’s future.
As we celebrate the rich cultural, social and political contributions of Hispanic and Latino persons, Hispanic Heritage Month is also a time to reflect on the challenges America’s largest racial and ethnic minority face. Unfortunately, despite representing approximately 19% of the labor force, and a labor force participation rate that is higher than the national average (about 67% compared with the national average of roughly 63%), Hispanic and Latino workers are underrepresented in higher-paid professions and positions. They also face considerable prejudice within the workplace, and some members of this community face the additional hurdle of having limited English proficiency.
The EEOC’s goal is to be on the forefront of combatting discrimination against the Hispanic and Latino workforce. This includes aggressively challenging discrimination in court, such as the August settlement of EEOC v. J.A. Croson LLC, in which J.A. Croson agreed to pay $1.6 million and provide other injunctive relief to resolve the EEOC’s suit alleging the company subjected 17 former Hispanic and Black employees to a hostile work environment. In June 2024, the EEOC also resolved a charge of discrimination against Tulare City School District, obtaining relief for a Hispanic man who had been denied a position as school principal solely because of his Hispanic national origin.
Further, the EEOC’s Strategic Enforcement Plan for Fiscal Years 2024 - 2028, which was approved by the Commission in September 2023 and sets forth the EEOC’s priorities through 2028, includes combatting discrimination against vulnerable workers such as immigrant and migrant workers and workers with limited English proficiency. This focus will help the agency better serve many Hispanic and Latino workers from Mexico and Central and South America, and the EEOC intends to vigorously defend their ability to work free from discrimination. To that end, in January 2024 the EEOC launched the “Enhancing OutREACH to Vulnerable Workers and Underserved Communities” Initiative (REACH Initiative). This multi-year effort is being led by Commissioner Kalpana Kotagal and focuses on ensuring that EEOC’s outreach and education efforts are effectively reaching workers who often are the least likely to seek the agency’s assistance, despite their great need, and focuses on both vulnerable workers and underserved communities.
To further facilitate this strategic enforcement goal, and as noted in the EEOC’s updated Language Access Plan, the EEOC maintains a Spanish Language website that contains information about the agency and its work, and also has a link to a Spanish Pre-Charge Inquiry Form to request an initial consultation with either a bilingual EEOC staff member or with a staff member working with an interpreter from our translation services contractor. The EEOC has also translated many of its documents into Spanish to assist workers in defending their rights and employers in complying with the law, and agency emails related to inquiries and charges contain both English and Spanish text.
The EEOC also combats discrimination against Hispanic and Latino workers via outreach, in particular Spanish-language outreach. This summer the EEOC engaged in a Spanish-radio media tour to discuss the Pregnant Workers Fairness Act, reaching almost 5 million listeners via many different radio programs such as Buenos Dias America and Radio Bilingue. Likewise, as part of the REACH initiative, Commissioner Kotagal held separate events on gender-based violence and immigrant and migrant workers in May 2024, which were simultaneously translated into Spanish. The EEOC has also entered into Memoranda of Understanding (“MOUs”) with Honduras, El Salvador, and Guatemala, and hopes to finalize MOUs with other Spanish-speaking nations to enhance our cooperation in promoting a better understanding of U.S. labor and employment laws by their nationals who are working in the United States and those who employ them.
This year’s Hispanic Heritage Month theme is “Pioneers of Change: Shaping the Future Together.” I can think of no better way for us to help shape our shared future than to continue to meaningfully engage with Hispanic and Latino communities and forcefully protect workers from these communities against discrimination.
Charlotte A. Burrows (she/her/hers)
Chair
U.S. Equal Employment Opportunity Commission
October 30: Service Dogs in the Workplace: What Employers Need to know
- Understanding ADA regulations and accommodations relating to animals in the workplace of the Americans with Disabilities Act (ADA), the federal civil rights law that protects people with disabilities from employment discrimination and more.
- Register here
- Event POC: Ali Fisher, alison.fisher@eeoc.gov
November 7: US EEOC and DOL Free Webinar: Navigating the ADA and FMLA
- The EEOC’s Washington Field Office, in partnership with the Department of Labor’s Women’s Bureau, Office of Federal Contract Compliance Programs, and Wage and Hour Division, is hosting two informative webinars on November 7. These sessions will provide an overview of the ADA and FMLA along with other federal resources available to both employers and employees. Join us for these engaging webinars, where time will be allotted for your questions.
- Register here for employer session
- Register here for employee session
- Event POC: Monica Colunga, monica.colunga@eeoc.gov
November 12: Second Tuesday - Ask EEOC Anything!
- It's the EEOC Denver Field Office's end-of-the-year ask us anything webinar. Please submit your questions when you register!
- Register here
- Event POC: Patricia McMahon, patricia.mcmahon@eeoc.gov
November 19: 3rd Annual National Apprenticeship Week Apprenticeship Excellence Event
- During National Apprenticeship Week (NAW), We invite you to join us at the 3rd Annual NAW Apprenticeship Excellence Event to learn about Registered Apprenticeship and Department of Labor resources and protections available. Presented by the Office of Apprenticeship and Guest Speakers from the Equal Employment Opportunity Commission and the following Department of Labor Agencies:
- Office of Apprenticeship
- Wage and Hour Division
- Women's Bureau
- Occupational Safety and Health Administration
- Employment Benefits Security Administration
- Office of Federal Contract Compliance Programs
- Register here
- Event POC: Terrie Dandy, terrie.dandy@eeoc.gov
November 25: Tribal Nationals Heritage Month with EEOC and IDHR
- Join the EEOC and IDHR as they host a fireside chat with the Legislative Director of the Minnesota Indian Affairs Council, Brandon Alkire, as he shares the history and advocacy for Native American sovereignty and rights.
- Register here
- Event POC: Ali Fisher, alison.fisher@eeoc.gov
January 14: ADA & Accommodations: What Employers Need to Know (virtual workshop with a fee)
- Increase your mastery of the Americans with Disabilities Act (ADA), the federal civil rights law that protects people with disabilities from employment discrimination and more. Explore ADA basics, common challenges, effective strategies, and how to handle complex accommodation requests. Our experts will elevate your understanding and practice in effectively accommodating diverse needs, allowing you to drive meaningful change in your organization. *If you attended the Charlotte District's in-person ADA workshop that took place on July 10, 2024, it is not advised that you attend this virtual seminar as the content may feel duplicative. Instead, please be on the lookout for other offerings that will come available throughout the year.
- Cost: $275 per person
- Location: Virtual
- Registration link forthcoming
- Event POC: Emily Simpkins, emily.simpkins@eeoc.gov
REACH Initiative Reports on Engagement with Underserved Communities
 Commissioner Kalpana Kotagal, EEOC San Francisco District Director Nancy Sienko, EEOC San Francisco Deputy Director Christopher Green, and local advocates at the REACH listening session in San Francisco. (Photo: EEOC)
WASHINGTON – The U.S. Equal Employment Opportunity Commission held 23 REACH Initiative events in fiscal year 2024 with workers and advocates across the country, the agency announced today. The REACH Initiative, a multi-year effort led by Commissioner Kalpana Kotagal, focuses on ensuring the EEOC’s outreach and education efforts are effectively reaching workers who are often the least likely to seek the agency’s assistance, despite their great need. Launched in January 2024, the EEOC’s REACH Initiative strives to enhance outreach to vulnerable workers and underserved communities as defined in the agency’s Strategic Enforcement Plan (SEP) for Fiscal Years 2024 – 2028. It also advances the EEOC’s Strategic Plan for Fiscal Years 2022 – 2026, which includes a focus on ensuring that members of the public know their rights under the laws the EEOC enforces.
REACH Initiative events included in-person listening sessions with advocates and workers as well as site visits to pre-apprenticeship programs, worker centers, and community-based organizations across the country, including in California, the District of Columbia, Florida, Georgia, Maine, Minnesota, Nevada, New Hampshire, Ohio, Texas, West Virginia, and on Tribal lands.
“Travelling the country meeting with workers and advocates has provided the EEOC with invaluable information about how we can continue to make the promise of equal opportunity a reality,” said Kotagal. “Too many workers don’t know their rights to be free from discrimination or are reluctant to come forward because of fear of retaliation. These realities underscore the value of the agency’s outreach efforts and the importance of building and sustaining trust within communities.”
Event participants included a range of stakeholders, including tradeswomen in Morgantown, West Virginia, and Oakland, California; members of the Hmong community in St. Paul, Minnesota; immigrant and migrant workers in Las Vegas, Nevada, and Lewiston, Maine; members of the Bhutanese community in Columbus, Ohio; Tribal leaders; survivors of gender-based violence; LGBTQ+ workers; persons with limited English proficiency; and individuals employed in low-wage jobs.
 Kotagal and West Virginia Women Work pre-apprenticeship students and instructors constructing a picnic table during a carpentry lesson. (Photo courtesy of West Virginia Women Work)
“Having Commissioner Kotagal roll up her sleeves with us at West Virginia Women Work was more than just a visit—it was a powerful statement that the EEOC isn’t just talking the talk, they’re walking the walk, even in rural West Virginia,” said Carol Phillips, executive director of West Virginia Women Work. “This kind of hands-on, down-to-earth collaboration is exactly what we need to fuel real change and ensure that no one is left behind in our push for workplace equality.”
During these events Kotagal learned about barriers to equal opportunity faced by these underserved communities and gathered suggestions for how the agency can better ensure workers know their rights, including:
- additional efforts to reach workers through a variety of media, including videos, graphics, radio, and social media;
- continuing to prioritize language access and plain language materials;
- building trust by partnering with community-based organizations, prioritizing consistency in outreach, and ensuring ongoing visibility of EEOC staff within communities;
- centering the stories of charging parties in outreach and education to raise awareness about the agency’s critical mission; and
- maximizing the impact of resources by strengthening partnerships with federal and state agencies.
"Justice for Migrant Women is rooted in community because we understand that the true experts who can provide insight into the issues and priorities that must be addressed are located in towns and cities throughout our nation, not just in Washington, D.C," said Mónica Ramírez, president and founder of Justice for Migrant Women. "REACH bridges the gap between the government and real people on the ground. Ensuring that all people can live and work in a world free from violence and discrimination is only possible when migrant and rural women are leading, and we commend the EEOC for making this a priority."
“When the government meets people where they are, engages in meaningful conversations, truly listens to the needs of the community, and follows through with action, real transformation happens,” said May yer Thao, president and chief executive officer of the Hmong American Partnership. “Commissioner Kotagal's visit to St. Paul, Minnesota, and her engagement with our Hmong communities exemplified this approach. We look forward to deepening our relationship with the EEOC.”
In fiscal year 2025, Kotagal will continue to hold REACH Initiative listening sessions with advocates and workers in states and on Tribal lands she has not yet visited.She will also continue to work with agency staff to share and incorporate lessons learned from the REACH Initiative.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
EEOC Report Identifies Promising Practices to Improve the Quality of Merit Final Agency Decisions Drafted by Contractors
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released a federal workforce report titled, “Use of Contractors and Agency Agreements for Drafting Merit Final Agency Decisions.”
The equal employment opportunity (EEO) complaint process provides federal employees and job applicants an avenue to address unlawful discrimination and retaliation. A merit final agency decision (FAD) is one means by which agencies resolve the claims raised in an EEO complaint. A merit FAD contains findings of fact and conclusions of law on each claim, provides the rationale for dismissal of any claims (as applicable), and determines appropriate remedies and relief when discrimination is found.
This report supplements a previous evaluation that examined the timeliness of agency merit FADs and culminated in a report titled Timeliness of Merit Final Agency Decisions in the Federal Sector. The previous report noted that agencies reported using contractors, memoranda of understanding, and agency agreements to timely draft their FADs. However, agencies also expressed concerns about the quality of some of these FADs. Today’s supplemental report examines challenges and promising practices when using contractors or agency agreements for drafting FADs.
The EEOC identified the following promising practices:
- Start the contracting process early, or request FAD drafting services and provide necessary documentation as soon as possible.
- Provide specific instructions for FAD drafting and include any available templates, boilerplate, or sample language.
- Request a copy of the revisions made by the client agency to facilitate improvement by the drafting agency for future FAD drafts.
- Maintain regular communication about timeframes and drafting issues to ensure the timeliness and quality of FADs.
The EEOC also identified certain major impediments to issuing timely and quality merit FADs written by contractors and other agencies:
- Insufficient staff to review FAD drafts for legal sufficiency and correct issues.
- Difficulty holding contractors and other agencies accountable for poor performance.
- Time intensive to send FADs back to contractors and other agencies for revisions and additions.
To improve the quality and timeliness of FADs written by contractors and other agencies, the EEOC recommends that agencies:
- Provide sufficient staffing and resources to review and revise FADs.
- Begin the FAD process early.
- Regularly communicate with the drafting agency or contractor about timelines, draft requirements, templates, revisions, and quality issues.
- Hold contractors or other agencies accountable for late or poor performance, ending the relationship if issues persist.
“The EEOC provides leadership, guidance, and technical assistance to federal agencies on all aspects of their equal employment opportunity programs, including processing and adjudication of complaints from current or former federal employees and applicants,” said Wendy Doernberg, an attorney advisor at the EEOC’s Office of Federal Operations. “This report will provide agency personnel responsible for complaint processing with promising practices when engaging with contractors and other agencies for adjudication via final agency decisions. The EEOC website provides further information about the federal sector complaint process.”
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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