Policy

The Georgia Department of Transportation (GDOT) is an equal opportunity employer and does not discriminate on the basis of race, age, disability, sex, color, religion, national origin, political opinions or affiliation. All forms of harassment prohibited by law are strictly prohibited by the Department. GDOT is committed to a work environment reflective of the philosophy and values set forth in its “Equal Employment Opportunities Policy Statement”
(TOPPS 2840-1).

It is the policy of GDOT to resolve complaints of unlawful discrimination and sexual harassment internally whenever possible. Such complaints will be addressed in a prompt and thorough manner as set forth in this policy. While employees are encouraged to utilize this internal mechanism for resolving complaints, nothing in this policy shall be construed to require an employee to file a complaint pursuant to this policy in lieu of seeking redress with other organizations.

Definitions

1. "Commissioner" means the Commissioner of the Department of Transportation.

2. "Complaint" means a claim of unlawful discrimination submitted by an employee.

3. “Complaint Form” is the form to be used by GDOT employees for filing a claim of unlawful discrimination.

4. “Equal Opportunity Office” or “E.O. Office” refers to both the Department’s Office of Equal Opportunity and each of the seven District Equal Opportunity Offices.

5. “Equal Opportunity Division” or “E.O. Division” refers to the GDOT Division of Equal Opportunity.

6. “Equal Opportunity Administrator” means the Equal Opportunity Administrator of the Department’s Equal Opportunity Office.

7. “Equal Opportunity Division Director” means the Director of the Department’s Equal Opportunity Division, which is responsible for the Department’s Equal Employment Opportunity (EEO) programs.

Eligibility

All GDOT employees are eligible to file a complaint alleging unlawful discrimination as provided for in this procedure except as follows:

1. Classified employees under the State Merit System of Personnel Administration who have been notified of termination or other adverse action and who have specific rights of appeal under the Rules of the State Personnel Board; and

2. Employees who are seeking relief for the complaint through other administrative or judicial procedures.

Filing Procedure

Employees are encouraged to discuss and seek resolution to complaint issues with their supervisors prior to filing a formal complaint. If a resolution cannot be reached, the employee must initiate his or her complaint by filing a Complaint Form with the appropriate E.O. Office. Copies of the completed Complaint Form and any attached documents must also be provided to the management official(s) involved with the complaint.

A complaint must be filed within fifteen (15) calendar days of the occurrence upon which the complaint is founded, or within fifteen (15) calendar days of the date the employee became aware or should have become aware of the problem through the exercise of reasonable diligence. The E.O. Division, in its sole discretion, may grant a waiver or extension of the filing deadline.

The complaint shall contain a statement of the issue(s) involved, how the complainant’s employment has been unfavorably affected, the relief sought, and the date(s), if known, that the incidents or violations occurred. If the complaint involves the interpretation or application of rule or policy, the complaint shall identify the rule or policy at issue and describe the manner in which it was erroneously, arbitrarily, or capriciously interpreted or applied.

If the complainant fails to proceed within the time limits set forth for any step of the complaint, such failure shall constitute a waiver of the complainant’s right to proceed further under this procedure unless an extension is granted by the Commissioner or his designee.

At the sole discretion of the complainant, a complaint may be voluntarily withdrawn at any point in the procedures. The complaint shall be considered terminated, and processing shall end.

If two or more employees have a common complaint, they may submit a group complaint, indicating up to two (2) participating complainants as spokespersons for the group. The filing of a group complaint eliminates the right of a complainant to appeal that complaint on an individual basis. The Commissioner or his designee may consolidate: (a) separate complaints filed by two or more employees regarding the same issues, or (b) multiple complaints, independent of their relatedness, filed by the same employee.

Review and Investigation

Within ten (10) calendar days of receiving a complaint of alleged unlawful discrimination, the appropriate E.O. Office will review the complaint to determine if further review or investigation is warranted. If it is determined that no further review or investigation will take place, the E.O. Office will notify the complainant of the reason(s) for the determination. If it is determined that an investigation is warranted, the E.O. Office will so notify the complainant.

Investigations of claims of unlawful discrimination may be conducted by district EEO Review Officers, staff of the E.O. Office, a panel of investigators, or any other individual assigned by the E.O. Division who is qualified to conduct such investigations. The investigators may consult with legal counsel, if necessary.

When it is determined that a violation of EEO Policy or Personnel Policy has occurred a panel may further investigate the complaint. The panel will be comprised of: (1) a representative from the E.O. Division, (2) a representative from the Office of Personnel, and (3) a Division Director who is outside of the complainant’s chain of command.

The investigation will be confidential and all documents received in connection with the investigation will be considered confidential and privileged to the extent allowed by law.

All GDOT employees are expected to fully cooperate in any investigation and to comply with all requests for information, interviews, etc.

Determination

Following the investigation, a Report shall be prepared by the E.O. Office and forwarded to the Office of Personnel. The Office of Personnel will either indicate concurrence with the report or will attach a dissenting opinion.

In the event that a panel conducted the investigation, one member of the panel will prepare the report, and all members the panel will indicate their concurrence with the conclusions and recommendations or will submit dissenting opinions.

The report will then be submitted to the Commissioner or Deputy Commissioner for review and disposition.

No adverse action or corrective action will be taken until a review and determination has been made by the Commissioner or Deputy Commissioner.

All investigations are to be completed within ninety (90) calendar days. In exceptional circumstances, the E.O. Division Director may authorize an extension of the investigation for an additional thirty (30) calendar days.

Emergency Provisions

In emergency situations, the Commissioner may suspend the right of complaint for all or part of the Department. The suspension will not void or deny any complaint which is filed either before or within fifteen (15) calendar days after the extension has expired.

Document History:

• added to Manual of Guidance: 01/29/81
• added to TOPPS: 12/28/95
• revised, renumbered, and moved to Equal Opportunity Office section: 03/19/97
• form links revised: 03/12/98
• revised: 08/05/04
• reviewed: 10/13/06
• entire document updated however; extensive revisions to
  Section 4, Filing Procedure
  Section 5, Review and Investigation: 09/20/07

Return to top of document

Return to TOPPS home page