Regardless of whether you are an employee or an employer engaged in the complaint handling of the Labor Department ("BOLI") it may be distracting. The best way to face your fear is to fully understand your rights, responsibilities, and overall process. Below is a guide of various parts of BOLI complaints.
Step 1: Claim
Employees usually contact BOLI by telephone and talk to employment executives. If the employee has the factual grounds for the complaint and judges that the complaint is timely (usually within one year of the action that underlies the complaint), the questionnaire will be sent to the employee. When the questionnaire is returned, the officer creates a discrimination complaint and signs the complainant. BOLI opens the case and assigns case number and Civil Rights Senior Investigator. If the basis of the application is covered by both the Oregon state law and the federal law and the complaint meets the EEOC guidelines, the complaint will be automatically "dubbed" to the EEOC.
Step 2: Notify employers
The user will be informed that BOLI and / or EEOC have been billed and will provide the name and contact information of the investigator assigned to the case.
In this letter we will also explain that the reply from the employer is usually from 14 to 21 complaints, but we can extend this deadline.
Step 3: Document creation
BOLI requires relevant documentation on allegations and defenses from both employers and employees. This typically involves a personnel file, a text message, and / or an e-mail message between the requester and the employer or other personnel, as well as what the employee can use to prove their claim or employer Which can be used to deny claims.
Step 4: Position statement
Employees must submit "position statement" within 14 to 21 days. Even though there is an option that the employer will not answer, although it is "necessary", unless the employer does so, BOLI will make a fact-finding based solely on the information provided by the employee. Position statements indicate the employer's view of the case, address each employee's claim, and correct the factual mistakes of the employee's complaint.
Step 5: Employee phone interview
After the employee presents the position statement, the employee is contacted for telephone interview. The interview includes the discriminatory litigation stated in the complaint and the date of its occurrence. Employees must be able to tell investigators how each discriminatory measure is linked to a protected class. The inspector may ask the employee to provide the following information. Identify witnesses supporting the relevant facts. Identify comparators (other employees or individuals employing the same or different employees as employees in the same situation as employees). (Physicians may ask to make reasonable efforts to obtain specific information such as medical records and unemployment hearings). Describe the details of related documents he can not use.
(Optional) Step 6: Find a fact meeting
During the investigation, investigators need to attend a meeting to know facts. The aim of the fact-finding meeting is to identify points of disagreement between agreement and opinion, resolve disputes if possible and resolve complaints.
Step 7: Completion of investigation
When the investigator completes the investigation, that information will be handed over to BOLI department management. If headquarters finds substantial evidence of a violation, a formal notice of substantive evidence decision will be issued and BOLI is likely to try to mediate a settlement. If no violation is found, the headquarters rejects the case and does not understand the contents of the dismissal of the complainant and the accused.
Finally, when the case is closed, complaints will be provided with information on the rights that may cause a civil action on the complaint.
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