Equal Employment Opportunity Complaint (Intro)

THE CITY OF NEW YORK DEPARTMENT OF SANITATION EEO COMPLAINT FORM  DS 1735 (7-02-10)

The City of New York and DSNY are equal opportunity employers and prohibit discriminatory employment actions against and discriminating treatment of its employees and applicants for employment based on actual or perceived race,color, national origin,alienage or citizenship status, religion or creed, gender (including “gender identity” – which refers to a person’s actual or perceived sex, and includes self-image, appearance, behavior or expression, whether or not different from that traditionally associated with the legal sex assigned to the person at birth) disability, age (18 or over), military status, unemployment status, prior record of arrest or conviction, marital status, partnership status, genetic predisposition or carrier status, sexual orientation, or status as a victim of domestic violence, a sex offense, or stalking.

Confidentiality

All complaints, investigations, requests for reasonable accommodation, and records will be handled, to the greatest extent possible, in a manner that will protect the privacy interests of those involved. EEO matters may be discussed with other persons who may have information about a complaint or who are necessary to implement reasonable accommodations for disability, religion, or based on status as a victim of domestic violence, a sex offense, or stalking. Therefore, it may be necessary to disclose information to persons with a legitimate need to know about the matter.

Retaliation

It is a violation of the EEO Policy to retaliate against or harass any person who asserts his or her rights regarding employment discrimination by 1) opposing discriminatory practices in the workplace; 2) complaining about prohibited conduct; or 3) participating in any way in the complaint, investigation or reasonable accomodation processes. It is also a violation of the EEO Policy to retaliate against or harass someone because of his or her association with such an individual.

If any employee knowingly makes a false accusation of discrimination or knowingly provides false information in the course of an investigation of a complaint such conduct may be grounds for discipline. A complaint made in good faith, even if found to be unsubstantiated, will not be considered a false accusation.

NOTICE:YOUR RIGHT TO FILE A COMPLAINT WITH CIVIL RIGHTS ENFORCEMENT AGENCIES

Any Employee or applicant for employment who believes that he or she has experienced unlawful discrimination has a right to file a formal complaint with the federal, state or local agencies listed below. A person does not give up this right when he or she files a complaint with the Department of Sanitation’s EEO Office. The following federal, state and local agencies enforce laws against discrimination:

New York City Commission of Human Rights

United States Equal Employment Opportunity Commission 

United States Department of Labor Office of Federal Contract Compliance Programs

New York State Division on Human Rights Executive Department

NOTICE: STATUTORY TIME PERIODS FOR THE TIMELY FILING OF CHARGES OF DISCRIMINATION(MEASURED FROM THE OCCURANCE OF A DISCRIMINATORY ACTION)

1. New York City Commission on Human Rights – One Year (NYC. Administrative Code, Title 8, Chapter 1).
2. New York State Division of Human Flights – One Year (New York Executive Law, Article 15, §297(5); see also & sect;297(9) (may file civil action first, but administrative action is then precluded.
3. United State Equal Employment Opportunity Commission – 180 days unless proceeding involving same acts is instituted first before the New York State Division of Human Rights or New York City Commission on Human Rights.

Where a proceeding is first initiated before the State Division of Human Rights or the City Commission on Human Rights (No. 1 and 2 above) – filing before EEOC must occur within 300 days (however, it is advisable to file before expiration of 240 daysbecause of a requirement that a complaint must be deferred to a local or state antidiscrimination agency for 60 days) or within 30 days after receiving notice that the State Division or the City Commission has terminated the proceedings under State or local law, whichever is earlier (42 U.W.S.C.§2000e~5(e)).

4. Office of Federal Contract Compliance Programs – within 180 days, 41 CFFI §60 – 1.21 (1990).

5. EEO Office of an Agency of the City of New York – One Year (NYC Department of Citywide Administrative Services/Office of Citywide Equal Employment Opportunity. DCAS/OCEEO