Discipline, Grievances, & Complaints
The Cabinet is committed to ensuring an environment free from discrimination and harassment against employees and those who conduct business with the Cabinet, as described in the GAP-803, "Antiharassment/Antidiscrimination." Employees wishing to file a discrimination complaint have two options:
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EEO/Civil Rights complaint process
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Appeal to the State Personnel Board process
Employees may elect to file complaints directly with the federal Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights (KCHR).
EEO/Civil Rights Complaint Process for Employees
The Cabinet's internal EEO/Civil Rights complaint procedures herein are not intended to duplicate or circumvent other available options.
The three major steps of the internal EEO/Civil Rights complaint procedure are as follows:
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Inquiry
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Informal Complaint
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Formal Complaint
1. Inquiry
An inquiry is the first major step in filing a complaint. An individual may approach any member of management, the Employee Compliance Branch, an EEO liaison, or the Office for Civil Rights and Small Business Development (OCRSBD) with an inquiry. The Cabinet's EEO liaisons include the designated representative in each highway district and the EEO coordinator/liaison in OCRSBD.
Within 15 working days of being notified of the inquiry, OCRSBD may discuss the inquiry with the complainant in order to informally resolve the inquiry.
2. Informal Complaint
If the inquiry is not resolved, then OCRSBD may bring the issue to the attention of management and persons other than the individual making the inquiry to determine whether the inquiry may be resolved informally. If the inquiry cannot be informally resolved, OCRSBD shall accept the inquiry as a formal complaint.
3. Formal Complaint
A formal complaint is the final step in the internal complaint process. If an individual chooses, he or she may bypass the inquiry/informal complaint process and file a formal complaint with OCRSBD at any time. The procedure for requesting a formal investigation is as follows:
- The complainant shall complete and sign the appropriate complaint form:
- This statement on the form shall include the complaint's basis (race, color, sex, etc.), issues (equal pay, failure to promote, etc.), incident dates, identity of the accused, and names of supporting witnesses.
- The complainant shall submit the complaint form and contact the EEO liaison or OCRSBD for technical assistance as necessary.
The EEO Complaint Form may be submitted to the following address:
Kentucky Transportation Cabinet
Office for Civil Rights and Small Business Development
200 Mero Street
Frankfort, KY 40622
Phone: (502) 564-3601
Fax: (502) 696-3930
Email: KYTC.OCRSBD@ky.gov
OCRSBD allows the complainant 14 days to return the EEO Complaint Form. Failure to return the form within 14 days will result in a closure of the complaint. The complainant may resubmit or refile the complaint at any time.
The entire investigatory process for the formal complaint should not exceed 60 days from the date OCRSBD receives the completed and signed EEO Complaint Form or the date OCRSBD received the initial inquiry, whichever comes last. OCRSBD may extend the completion date of the investigation.
Withdrawal of Complaint
To withdraw a complaint of discrimination, the complainant shall submit to OCRSBD a written request stating the reasons for withdrawal.
OCRSBD shall accept the request for withdrawal unless the office determines either of the following:
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The complainant was coerced, harassed, or compelled to withdraw the complaint
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The nature of the allegations merit further investigation
OCRSBD shall notify the complainant in writing of the decision to accept or reject the withdrawal.
