Equal Opportunity Investigator

Diversity & Civil Rights New York, NY


Description

Position at MTA Headquarters

JOB TITLE:                        Level I: Junior Equal Opportunity Investigator
                                               Level II: Equal Opportunity Investigator
                                               Level III: Senior Equal Opportunity Investigator           
SALARY RANGE:             Level I: Junior Equal Opportunity Investigator $77,000 - $81,000
                                               Level II: Equal Opportunity Investigator $90,000 - $95,000
                                               Level III: Senior Equal Opportunity Investigator $105,000 - $116,133
HAY POINTS:                     372/451/551
DEPT/DIV:                         Department of Diversity & Civil Rights
SUPERVISOR:                  Director, Investigations
                                             Senior Director, Title VI & Workforce Initiatives
                                             Deputy Chief Diversity Inclusion & EEO Officer
LOCATION:                       2 Broadway       
HOURS OF WORK:         9:00am – 5:30pm (7 ½ hours)      
DEADLINE:                       Open Until Filled                         
 
This position is eligible for telework which is currently one day per week. New hires are eligible to apply 30 days after their effective date of hire.
 
SUMMARY:
Level I and II Investigators conduct sensitive investigations for both internal employees and external applicants, customers and communities pertaining to alleged discriminatory treatment as well as work with more senior staff to partner with stakeholders to develop appropriate action planning to address areas of concern made visible through the complaint data. The level of investigation complexity will be dependent on established and assigned Investigative Level which will correlate to demonstrated experience and expertise.
 
Reporting Structures:
Level I – Junior Equal Opportunity Investigator (“Level I Investigator”)
Will operate under general guidance of the Director Investigations and the Senior Equal Opportunity (EO) Investigator.
Level II – Equal Opportunity Investigator (“Level II Investigator”)
Will work under general direction of the Senior Director Title VI or the Director of Investigations.
Level III – Senior Equal Opportunity Investigator (“Level III Investigator”)
Under the direction of the Deputy Equal Opportunity Officer, the Level III Investigator partners with Agency management to develop, coordinate, implement, enforce, and monitor policies and procedures to ensure proactive measures to prevent (or eliminate) discrimination as required by Federal, State, and local statutes. This position serves as a senior-level investigator and Equal Opportunity subject matter expert (EEO and Title VI) for the Agency’s HR, Planning, Government and Community Relations and Operations business partners, leaders, and employees.  The Level III Investigator conducts highly complex, sensitive, and multi-faceted investigations of allegations of discrimination and counsels employees, supervisors, and managers regarding alleged acts of discrimination while managing and monitoring the activities of other MTA EO investigators.
 
RESPONSIBILITIES:
Fundamental duties of Level I and Level II Investigators:
  • Conduct thorough and timely routine Equal Opportunity investigations to include (but not limited to) race, color, religion, creed, ethnicity, sex, national origin, ancestry, age, military or veteran status, sexual orientation, gender identity or expression, sexual and reproductive health choices, pregnancy, marital/familiar/partnership/caregiver status, family structure, predisposing genetic characteristic, genetic information or mental/physical disability, low-income and minority status, status as a victim of domestic violence, stalking and/or sex offenses, or any legally protected basis. Investigations include interviewing employees, applicants, customers, and community members as a neutral fact finder, reviewing documents, and analyzing data in a timely manner.
  • Prepare written reports and summary of findings, with supporting documentation, that are fair, impartially representing the facts, and investigatory analysis to determine whether the facts suggest the complaining party was subjected to behavior (or incident) that constitutes a violation of MTA policy.
  • Support internal and external Equal Opportunity related investigations, complaints, inquiries, and charges across the enterprise.
  • Assist in the response to external inquiries and charges in partnership with appropriate business areas and Legal.
  • Input complaint data into Master Complaint tracking database.
  • Maintain accurate and thorough records and notes of investigatory process.
  • Manage and track multiple intake and investigations at any given time with competing priorities, while handling other projects simultaneously.
  • Facilitate informal resolution of complaints, when appropriate. Document efforts and conclusion of informal resolution. Other duties as assigned by senior management.
  
Specific programmatic responsibilities of the Level I Investigator
Under the guidance of senior level EO Investigators, the Level I Investigator will be required to:
  • Perform intake of informal and formal complaints, identify the relevant scope, and make recommendations of interim measures.
  • Compose investigative plans, which include identifying and participating in witness interviews and document requests and conduct through evidence gathering and analysis in accordance with applicable equal opportunity laws, regulations and established internal policies and procedures.
  • Write investigative reports and make recommendations to the Chief Equal Opportunity Officer based on investigatory findings.
  • Other duties as assigned.
 
Specific programmatic responsibilities of the Level II Investigator
In addition to the tasks outlined for the Level I Investigator and under the direction of Senior Equal Opportunity staff, the Level II Investigator will also be required to:
  • Work on complex (or cross Agency) investigations to ensure prompt and thorough resolution of complaints.
  • Collaborate with Legal Department on investigations involving the Equal Employment Opportunity Commission, Attorney General’s Offices, and New York State Human Rights Commission as well as complaints raised by other applicable outside agencies, organizations, and constituencies.
  • Other duties as assigned.
 
 
Level III – Senior Equal Opportunity Investigator
 
Fundamental duties of the Senior Equal Opportunity Investigator include but are not limited to:
  • Receives, thoroughly investigates, and makes recommendations to EEO management on formal and informal complaints from applicants, employees, customers and community members and organizations pertaining to Title VI, Title VII, ADA, the Rehabilitation Act, Environmental Justice, and Limited English Proficiency directives.
  • Provide oversight and guidance to complaint and conflict resolution work by EO Investigators that includes assisting with complex issues, facilitating difficult conversations, designing, and implementing interventions, providing strategies for formal conflict resolution, as well as conducting formal investigations and issuing written finding and determinations in a timely manner.
  • Manage the record keeping function for investigations including electronic and written materials and ensure the accuracy of the data.
  • Ensures that all inquiry and investigation activities are completed in conformity with EO Guidance and best practices and effective investigative procedures and established MTA policies and processes.
  • Serves as the coordinator and primary contact for the Agency’s formal EO investigations and the life cycle of investigatory inquiries.
  • Other duties assigned by senior management.
 
Specific programmatic responsibilities of the Senior Equal Opportunity Investigator:
  • Primarily responsible for providing counsel, advice and assistance to employees, applicants, customers, and community members/organizations concerning allegations of discrimination, harassment, and disparate impact.
  • Remain current and  knowledgeable of nondiscrimination laws, rules and regulations to maintain a comprehensive understanding of  the various type of evidence required to prove that a violation has occurred; detect discrepancies in information and/or distinguish between relevant and irrelevant information/evidence to support or discredit the allegations of discriminatory practices; make evaluative judgement based on the application of statutory or regulatory provisions and administrative  procedures when making a determination as to whether there is reasonable cause to support a finding that a violation of MTA’s policy on nondiscrimination has occurred, and make objective recommendations regarding resolutions and appropriate remedies. 
  • Maintain accuracy and thorough records and notes on the investigatory process and resolutions including but not limited to maintaining case files that contain investigative summaries on procedures followed, interview reports, documentation on evidence and policies, witness list, remedial actions taken and policy changes.
  • Conduct pre-determination settlement discussions and negotiations, as necessary.
  • Coordinate with relevant departments (i.e. Legal, HR, Labor Relations, Operations, Inspector General, etc.) to complete the investigative process and assure proper follow up.
  • Review complaint data to identify issues and potential environmental toxicity.  Partner with other offices, as needed, to design and facilitate targeted educational training on broader topics of equity, inclusion and diversity identified through complaint trending data.
  • Other duties as assigned.
 
 
KNOWLEDGE, SKILLS, AND ABILITIES        
All EO Investigators must be able to demonstrate the following:
  • An understanding of the application of EEO, Title VI, Environmental Justice and LEP laws, regulations, and guidelines; and advanced ability to interpret, explain and advise staff and management on applicable compliance.
  • An understanding of the MTA organization and where various sources of data can be obtained in order to prove or disprove allegations in complaints.
  • Strong analytical and problem-solving skills in order to evaluate alternatives and recommend a sound solution pertaining to violations of EEO established policies and procedures.
  • Integrity, fair-mindedness, and ability to be persuasive in order to make objective recommendations regarding resolutions and appropriate remedies. 
  • Must be able to make evaluative judgements based on the application of statutory or regulatory provisions and administrative procedures when making a determination as to whether there is reasonable cause to support a finding that a violation of MTA’s policy on nondiscrimination has occurred.
  • Must function under pressure and cope with conflicting points of view; new, unexpected information discovered during the investigation of the discrimination complaint occurs; may have uncooperative witnesses, complainants, or managerial personnel; violations of EEO policies and procedures which require immediate corrective action, etc.
 
Level I – Junior Equal Opportunity Investigator
  • Knowledge of federal, state, city and local laws and regulations governing nondiscrimination of employees, applicants, and customers and mitigation of disproportionate impact/burden to communities.
  • Strong investigative skills.
  • Exceptional interpersonal and communication skills, including: the ability to both be impartial and project impartiality, and the ability to establish rapport with a diverse range of community members.
  • Excellent critical thinking skills and the ability to analyze information, evaluate results, and facilitate resolution of difficult challenges.
  • Ability to manage issues of complex and extreme sensitivity with a high level of professionalism.
  • Demonstrated ability to organize and plan one’s work to meet critical deadlines.
  • Demonstrated ability to prepare complex written reports and provide reliable testimony explaining the investigation’s process, findings, conclusions, and rationales.
  • Ability to work effectively both independently and as a member of a team.
 
Level II – Equal Opportunity Investigator
  • Strong knowledge of federal, state, city and local laws and regulations governing nondiscrimination of employees, applicants, and customers and mitigation of disproportionate impact/burden to communities.
  • Strong investigative skills.
  • Exceptional interpersonal and communication skills, including: the ability to both be impartial and project impartiality, and the ability to establish rapport with a diverse range of community members.
  • Excellent critical thinking skills and the ability to analyze information, evaluate results, and facilitate resolution of difficult challenges.
  • Ability to manage issues of complex and extreme sensitivity with a high level of professionalism.
  • Demonstrated ability to organize and plan one’s work to meet critical deadlines.
  • Demonstrated ability to prepare complex written reports and provide reliable testimony explaining the investigation’s process, findings, conclusions, and rationales.
  • Ability to work effectively both independently and as a member of a team.
 
Level III – Senior Equal Opportunity Investigator
  • Strong knowledge of federal, state, city and local laws and regulations governing nondiscrimination of employees, applicants, and customers and mitigation of disproportionate impact/burden to communities.
  • Demonstrated knowledge of and ability to interpret and apply federal, state, and local laws and regulations (including Title VI & VII of the Civil Rights Act of 1964 as amended in 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act and related non-discrimination statutes, state and local laws, Executive Orders, and guidelines) pertaining to equal opportunity, access and inclusion to employment, services, benefits, and activities of the MTA.
  • Strong investigative skills.
  • Ability to assess and negotiate highly complex, confidential, and sensitive matters of discrimination, harassment, and disproportionate impact, while maintaining objectivity and neutrality.
  • Ability to recognize patterns or practices which are inherently discriminatory or those which serve as a pretext for discrimination.
  • Demonstrated ability to manage high volume and time-sensitive workload and to meet demanding deadlines.
  • Initiative, ingenuity, resourcefulness, and judgment are required to collect, assemble, and develop facts and other pertinent data.
  • Ability to think logically and objectively, to analyze and evaluate facts, evidence, and related information, and arrive at sound conclusions.
  • Skill in written and oral reports and presentation of investigative findings in a clear and concise manner.
  • Strong organizational, planning, and interviewing skills and ability to work independently.
  • Tact, discretion, and capacity for obtaining the cooperation and confidence of others.
  • Advanced facilitation, mediation, negotiation, and interpersonal skills.
 

   

EDUCATION AND EXPERIENCE:         
The assigned Level of Investigator will be determined according to the range of education, experience and competencies demonstrated by the applicant as outlined below.
 
Level I – Junior Equal Opportunity Investigator
  • BA/BS from an accredited college or university is required. An equivalent combination of education and experience from an accredited college may be considered in lieu of a degree. A related Master’s degree may substitute for two years of experience. A Juris Doctorate degree may substitute for three years of experience and
  • Minimum of two to three (2-3) years demonstrated experience conducting thorough investigations, i.e. Human Resources, Labor Relations, Special Investigations, Criminal, and Operations, or 2-3 years’ experience in an EEO department is required.
 
Level II – Equal Opportunity Investigator
  • BA/BS from an accredited college or university is required. An equivalent combination of education and experience from an accredited college may be considered in lieu of a degree. A related Master’s degree may substitute for two years of experience. A Juris Doctorate degree may substitute for three years of experience and
  • Minimum of five (5) years demonstrated experience conducting thorough investigations pertaining to allegations of discrimination is required.
 
Level III – Senior Equal Opportunity Investigator
  • BA/BS from an accredited college or university is required. An equivalent combination of education and experience from an accredited college may be considered in lieu of a degree. A related Master’s degree may substitute for two years of experience. A Juris Doctorate degree may substitute for three years of experience and
  • Minimum of eight (8) years’ experience conducting investigations pertaining to civil rights, discrimination and/or workforce harassment complaints; and comprehensive understanding of Equal Opportunity related laws, statutes, guidelines, and regulations is required. 
 
OTHER INFORMATION:
Pursuant to the New York State Public Officers Law & the MTA Code of Ethics, all employees who hold a policymaking position must file an Annual Statement of Financial Disclosure (FDS) with the NYS Commission on Ethics and Lobbying in Government (the “Commission”).
 
EQUAL EMPLOYMENT OPPORTUNITY
MTA and its subsidiary and affiliated agencies are Equal Opportunity Employers, including with respect to veteran status and individuals with disabilities.
The MTA encourages qualified applicants from diverse backgrounds, experiences, and abilities, including military service members, to apply.