| Since July 1, 2012: | INVESTIGATIONSSince July 1, 2012 the NEOC has continued to modify and refine its intake and investigative procedures to more efficiently implement the Commission's mission of eradicating discrimination. The NEOC has made improvements in the areas of intake screening and its charge categorization system. While individuals are always given an opportunity to file a charge, intake investigators provide potential Complainants with an initial assessment of their allegations and inform them of any known jurisdictional or standing problems. Investigative procedures have been developed to ensure that each charge receives the appropriate level of investigation in the most efficient and effective manner possible. Cases with jurisdictional issues are quickly identified, the necessary documents are obtained, and cases are dismissed if appropriate. Respondents are required to submit a thorough position statement and supporting documents unless they opt to participate in mediation or settlement. In many cases, the Commission has sufficient information to complete the case after receipt of the Respondent's position statement and requested supporting documentation. This enables the Commission to conduct in-depth investigations on the more complex cases. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROGRAM.The NEOCs Alternative Dispute Resolution (ADR) Program has continued to grow in popularity over the last few years, and has provided proven results. The ADR program was initially launched in 20042005. This program essentially added mediation as an alternative option to the Commissions pre-determination settlement process. Prior to this date, the NEOC referred mediation requests to the EEOC for processing and the agency was therefore not reimbursed if the case was successfully resolved by EEOC in mediation.The focus of ADR is to resolve pending charges prior to a determination being issued by the Commission. Mediation typically involves the parties meeting face-to-face with a mediator to discuss a resolution, whereas the pre-determination settlement (PDS) process involves discussion of the resolution between the parties as relayed (usually via telephone) by the mediator. Both methods are voluntary, informal and have the specific goal of resolving the charge no determination is made with respect to whether a law violation has occurred.Participation and resolution of charges through the ADR program has benefits for both Complainants and Respondents. While the case is pending in the ADR program, Respondents are not required to submit a written position statement or produce any requested documents. Both parties have the opportunity to share information that may assist each party in making an informed decision on the risk of moving forward to investigation. Cases are immediately assigned to ADR when both parties agree to participate, and the claim is processed as expeditiously as possible. The NEOC has no vested interest in the outcome of mediation and the terms are negotiated solely by the parties. Should ADR be unsuccessful, the case is assigned to investigation and a determination is made on the merits of the claim. Since July 1, 2012, a total of 385 cases were sent to ADR, for an average of 96 cases per year. Over the last four years, 16% of ADR cases resulted in successful mediation, while over 30% resulted in successful pre-determination settlements. These efforts resulted in lost wage and other monetary payments to Complainants. Non-monetary benefits included training on discrimination laws, neutral references, apologies, agreement to not contest Complainants seeking unemployment benefits, and changes to, or adoption of policies to address discrimination concernsIn addition to the ADR program, the NEOC also seeks to resolve cases subsequent to a reasonable cause determination through a conciliation process. Since FY 20122013, the NEOC has had an average of 49 cases in conciliation. The average success rate of conciliations is not as high as that obtained in the ADR program (average 55% successful in FY 1415), but monetary relief amounts totaled $413,897 for FY 1415. Although the financial relief obtained for Complainants can sometimes be significant, the ADR program and Conciliation efforts have provided a variety of other benefits to Complainants, such as job trainingeducation, employment opportunities, letters of reference, and removal of adverse material from personnel files just to name a few. Respondents have also been required to provide EEO training to staff andor change discriminatory policiespractices when necessary. EDUCATION AND OUTREACH.There are several categories of education and outreach activities stemming from the work of the NEOC in compliance with legislative intention and statutory requirements associated with the agency. The NEOC without cost to recipients has made available in-person speakers who provided technical training, written materials which addressed guidelines of best practices for employers and housing industry professionals using current court decisions and federal and state legal instructions, and technical resources via our web site and by telephone contact. The NEOC has also addressed employee and housing consumer issues through voluntary and mandatory participation in seminars and other settings. Through collaborations with other agencies and departments, the NEOC has developed cooperative working relationships to share information with partners in the employment and housing industry to assure that anti-discrimination laws are enforced. For the period July 2014 through June 2015, NEOCs staff made 24 presentations to over400 persons around the state, and provided technical assistance to 3,307 contacts. These presentations included discussion on topics such as disability discrimination in employment, federal and state fair housing laws; workplace harassment, reasonable accommodations for persons with companion animals, and many more topics.The NEOC provides training, education, and outreach across the entire state of Nebraska. This includes providing training in a variety of geographically dispersed towns and cities. Often the NEOC is asked to conduct specialized training for specific groups. Last year, the NEOC presented information about the Nebraska Landlord and Tenant Act and its intersection with the fair housing laws to a group of property managers and landlords. Employers often ask for specific training regarding non-discriminatory practices for recruiting and hiring a diverse and qualified staff. The NEOC has partnered with the real estate community in providing technical training on issues of housing discrimination for which the agents and brokers can obtain 3.0 Continuing Education credits through the Nebraska Real Estate Commission. On the average, over 150 persons each year have participated in this training without cost, conducted in the cities throughout Nebraska. Tenants and prospective tenants have attended training on the Nebraska Landlord and Tenant laws to learn their rights and responsibilities, but housing providers have attended similar sessions geared to their reign. The NEOC remains a registered provider of two distinct Continuing Education classes, which include topics relating to discrimination and special issues under the Fair Housing Act.As the NEOC has continued its collaboration with its partners in the employment and housing arena, it has also reached out to individuals through its website and at seminars and educational institutions. The NEOC has coordinated with experts to deliver a full gamut of material for use in educating the public. The NEOC website was a source of information for more than 800 contacts each month. The site provides access to relevant laws and statutes, and provides insight into some specific issues of discrimination such as sexual harassment, and national origin and familial status discrimination related to occupancy laws. The NEOC has conducted training pursuant to successful mediations, pre-determination settlement agreements, as part of successful conciliations of cases decided reasonable cause by the NEOC, and for businesses referred to the NEOC for training by EEOC or HUD for cases the NEOC has not investigated. The number of attendees for a session related to mandatory training is generally small, though some businesses have required entire staff to participate. In the past, this has included presentations with up to 700 people in attendance. In some instances there may be one or two persons to attend training but the impact is enormous because persons attending the smaller sessions are decision-makers who establish a policy and practice for a business. Professional organizations and law offices have asked the NEOC to present to its members and clients on topics covering current discrimination issues or more specific topics such as interpretation of the Americans with Disabilities Act Amendments Act.Educational institutions and settings are highly favored for making presentations, and the high schools, colleges, and universities of the state have requested and received specific topic coverage. These reservoirs of Nebraska's future have benefitted from exposure to topics covering non-discrimination and diversity, preventing workplace harassment, and other work and shelter issues. NEOC may claim it has provided education and resources for current and future businesses and that its presentations include ethical and non-discriminatory practices for future business pioneers. Educational institutions have benefitted through curriculum material on fair housing interpreted into six languages other than English, for use by elementary, middle, and high school instructors and placed on the NEOC website. College and university students were provided with authentic discrimination case scenarios, so the theory of human resource management becomes a practical application. In an effort to increase awareness about employment and housing discrimination, the NEOC contracted with NET to create a series of public service announcements in 2016. These PSAs have run on television on NET channels, as well as on the radio on NPR channels. |