1502 Unclassified Employee Complaint Procedure

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1502

Unclassified Employee Complaint Procedure

Release Date:

February 1, 2000

Revised Date:

August 15, 2025

Next Review Date:

August 14, 2027

References:

Rules of the State Personnel Board 478-1-.20 — Employee Complaint Resolution Procedure

The Department of Human Services (DHS) recognizes the need for a process to resolve non-disciplinary employment concerns of unclassified employees. The complaint procedure for unclassified employees is established to provide eligible employees with an orderly process for reviewing allegations of unfavorable employment decisions or conditions in a timely manner. Unclassified employees eligible to file a complaint may do so without fear of unlawful discrimination or retaliation.

This procedure does not compromise the rights of management to direct the workforce in accomplishing the mission of DHS. This procedure is not applicable to disciplinary matters and does not alter the employment at-will relationship between DHS and unclassified employees.

Section A: Definitions

  1. For the purposes of this policy, the following terms and definitions apply:

    1. “Classified Employee” means an employee with procedural appeal rights set forth who was hired into a classified position on or before June 30, 1996 and who has remained in a classified position without a break in service since that date. Please refer to DHS Policy #1501: Classified Employee Complaint Procedure.

    2. “Complaint” means a claim submitted by an eligible employee to the employee’s supervisor or designated Human Resources Representative via email format or use of the DHS Policy #1502 A1: Unclassified Employee Complaint Form when their employment with DHS has been affected by unfavorable employment decisions or conditions due to unfair treatment.

    3. “Employee” means an individual hired by DHS to provide services for wages. This definition excludes independent contractors, volunteers, unpaid interns and board members paid on a per diem basis.

    4. “Filing” means the act of submitting a complaint to the employee’s supervisor or designated Human Resources Representative via email format or use of the DHS Policy #1502 A1: Unclassified Employee Complaint Form.

    5. “Harassment” means physical, verbal, or non-verbal/visual conduct that is either directed toward an individual or reasonably offensive to an individual because of his/her race, color, national origin, religion, age, disability, genetic information, sex political affiliation, protected uniformed service, or legally protected category other than sex.

    6. “Receipt” means the date and time at which a document is delivered to the addressee by mail, electronic transmission or personal delivery.

    7. “Retaliation” means an act or omission intended to, or having the reasonably foreseeable effect of, punishing or otherwise impacting an individual for submitting (or assisting with submitting) a complaint or reporting discrimination or harassment, for participating in a discrimination or harassment investigation or proceeding, or for otherwise opposing discrimination or harassment.

    8. “Sexual harassment” means physical, verbal, or non-verbal/visual conduct that is either directed toward an individual or reasonably offensive to an individual because of his or her sex. Therefore, for purposes of this Rule, “sexual harassment” includes physical, verbal, or non-verbal/visual conduct constituting:

      1. Unwanted sexual attention, sexual advances, requests for sexual favors, sexually explicit comments, and other conduct of an expressed or obviously implied sexual nature, by an individual who knows, or reasonably should know, that such conduct is unwanted or offensive; and

      2. Conduct that is hostile, threatening, derogatory, demeaning, or abusive or intended to insult, embarrass, belittle, or humiliate an individual because of his/her sex, regardless of whether the underlying reason for the conduct is apparent.

    9. “Unclassified Employee” means an employee who was hired after June 30,1996, or who has occupied an unclassified position at any time since July 1,1996. Unclassified employees have an employment-at-will status, with limited exception for employees with more than 18 years of service who established Employees’ Retirement System (ERS) membership before April 1,1972.

    10. “Workday” is defined as any day from Monday through Friday that is considered a DHS business day, excluding state holidays.

Section B: Employee Eligibility

  1. All DHS unclassified employees whose employment averages twenty (20) or more hours per week, are eligible to file a complaint except those identified below.

    1. Unclassified employees who have been notified of separation from employment, suspension, demotion, or disciplinary salary reduction.

    2. Unclassified employees seeking relief through other administrative or judicial procedures.

Section C: Eligible Issues

  1. Harassment retaliation or intimidation for exercising any right provided under the Rules of the State Personnel Board or DHS policies;

  2. Retaliation for using the complaint procedure,

  3. Erroneous, arbitrary or capricious interpretation or application of DHS policies and procedures,

  4. Unsafe or unhealthy working conditions (e.g., allegations of occupational exposure to hazardous chemicals),

  5. The following allegations are eligible and will be addressed through DHS Policy #1503: Unlawful Discrimination.

    1. Unlawful discrimination because of race, color, sex, national origin, disability, age or religious or political opinions or affiliations; and,

    2. Sexual harassment.

Section D: Ineligible Issues

  1. Issues which are pending or have been concluded by the Equal Employment Opportunity Commission, the Georgia Commission on Equal Opportunity or through other administrative or judicial procedures;

  2. Performance responsibilities, expectations and evaluations;

  3. Relocation of employees, except where the costs of relocation qualify for reimbursement under regulations promulgated by the Office of Planning and Budget;

  4. Temporary work assignments which do not exceed ninety (90) calendar days;

  5. Permanent changes in work hours or duties and responsibilities, unless a change is unsafe or unlawful;

  6. Budget and organizational structure, including the number or assignment of positions in any organizational unit;

  7. Internal security practices established by DHS;

  8. The selection of an individual to fill a position unless it is alleged that the selection is in violation of a written DHS policy or the Rules of the State Personnel Board on filling vacancies;

  9. Termination, reduction in salary, demotion, suspension without pay, reassignment, furlough, layoff from duties because of lack of work, or other actions resulting from a staff reduction or job abolition;

  10. Written reprimands, written confirmation of oral reprimands, work plans and/or attendance plans, or any other document worded similar to a written reprimand regardless of where the document is placed or how it is distributed; and,

  11. Any matter which is not within the jurisdiction or control of DHS.

Section E: Improper Use of The Complaint Procedure

  1. All State officers, supervisors, DHS Third Party Representatives and employees are prohibited from the following:

    1. Knowingly supplying false or misleading information in a complaint; or,

    2. Attempting to harass, intimidate, or retaliate against any State officer, supervisor, DHS Third Party Representative or employee for filing a complaint, or providing testimony or evidence regarding a complaint.

  2. Improper use of the complaint procedure may result in disciplinary action, up to and including separation from employment.

    The Office of Human Resources (OHR) must be consulted prior to initiating disciplinary action under these circumstances.

Section F: Written and Oral Reprimands

  1. Complaints filed regarding written reprimands and written confirmation of oral reprimands will be processed through DHS Policy #1504: Reprimand Review Process.

Section G: Filing a Complaint

  1. A complaint may be filed by an eligible employee when the employee’s employment with DHS has been allegedly affected by unfavorable employment decisions or conditions due to unfair treatment.

  2. A complaint should be filed as soon as possible and must be received by the supervisor or designated Human Resources Representative.

    If the supervisor receives the complaint, they should immediately submit it to the designated Human Resources Representative.

    1. within ten (10) workdays after the occurrence upon which the complaint is based; or,

    2. within ten (10) workdays of the date the employee became aware, or should have become aware, of the issue(s) through the exercise of reasonable diligence.

      The complaint must be received by the employee’s supervisor or designated Human Resources Representative via email format or use of the DHS Policy #1502 A1: Unclassified Employee Complaint Form no later than 5:00 p.m. on the 10th workday. “Workday” refers to Monday through Friday, excluding State holidays.

Section H: Complaint Submission

  1. All complaints must be submitted to the employee’s supervisor or designated Human Resources Representative via email format or use of the DHS Policy #1502 A1: Unclassified Employee Complaint Form.

    1. The email or form should include:

      1. the Employee information

        1. name

        2. EID number

        3. job title

        4. division/office

        5. cell phone

      2. the Supervisor information

      3. the designated Human Resources Representative information

      4. the Complaint information

        1. the issue(s),

        2. the parties involved;

        3. the date(s), if known, that the issue(s) occurred;

        4. how the employee’s personal employment has been unfavorably affected or treated;

        5. the relief sought; and

  2. The complaint must be emailed to the employee’s supervisor and designated Human Resources Representative.

Section I: Reviewing & Processing a Complaint

  1. Within fifteen (15) workdays of receiving a complaint, OHR will:

    1. Complete a review,

    2. Determine the eligibility/timeliness of the issue(s), and,

    3. Provide written notification to individuals involved in the grievance.

  2. The written notification will include reasons for the determination and advise appropriate individuals that:

    1. The issue(s) in the complaint is ineligible, and no further action will be taken; or,

    2. The issue(s), if alleging unlawful discrimination, is eligible and will be processed through DHS Policy #1503: Unlawful Discrimination Complaint Procedure; or,

    3. The issue(s), if alleging sexual harassment, is eligible and will be processed through DHS Policy #102: Sexual Harassment; or,

    4. The issue(s), if not alleging unlawful discrimination sexual harassment, is eligible, and will specify how the complaint will be processed.

  3. Within fifteen (15) workdays of the notice that the issue(s) is eligible, OHR will:

    1. Attempt to resolve the issue(s); or,

    2. Issue findings regarding the complaint.

Section J: OHR Informal Resolution

  1. Every complaint will be thoroughly reviewed. Attempts to resolve the issue(s) may be made by OHR on a case-by-case basis. The employee and supervisor involved are expected to cooperate with OHR regarding attempts at informal resolution.

Section K: Complaint Preparation Time

  1. An eligible employee may request and must be allowed up to four (4) hours of work time, as approved by their supervisor, to prepare a complaint or prepare for a mediation session or complaint hearing.

    1. The four (4) hours is in addition to time spent in a mediation session or complaint hearing.

    2. The supervisor should make reasonable efforts to grant the specific time period requested by the employee. If requested time cannot be granted due to workload, the supervisor is to allow the employee to use complaint preparation time at another agreed upon time.

    3. Telephone calls, meetings, discussions with potential witnesses, or other contacts initiated by the employee regarding the complaint during work hours will count as complaint preparation time.

    4. Complaint preparation time should not interfere with the ordinary business of the work unit, and the employee should remain in the general work area, unless specifically authorized by the supervisor to leave.

    5. Each employee is limited to a maximum of twelve (12) hours of complaint preparation time per calendar year.

Section L: DHS Third Party Representative

  1. An employee and/or the supervisor involved in a complaint may ask another DHS employee to act as a DHS Third Party Representative. Serving as a DHS Third Party Representative is voluntary.

    1. Staff designated to assist employees with filing complaints and/or OHR cannot serve as DHS Third Party Representatives.

    2. Non-DHS employee third party representation is not permitted, unless required by law or rule.

    3. DHS employees may serve as DHS Third Party Representatives in no more than two (2) complaints per calendar year.

    4. Time spent in a complaint hearing is with pay and is not charged to accrued leave if the hearing takes place during scheduled workhours.

    5. If a DHS Third Party Representative chooses to represent an employee or supervisor in a complaint hearing held outside of scheduled work hours, the DHS Third Party Representative’s schedule will not be adjusted, and compensation will not be granted for time spent in the hearing.

Section M: Use of State Supplies

  1. Employees may use state supplies, equipment, mail services, or other state resources to provide copies of the complaint-related documents only to those individuals specified in this procedure, or as directed by OHR.

Section N: Confidential Information

  1. Patients and clients names must not be included in any complaint related document, since this information may violate confidentiality. Initials or case numbers may be used, if they are relevant to the issues of the complaint.

Section O: Group Complaint

  1. A complaint may be filed by a group of eligible employees, if the alleged unfavorable employment decisions or conditions have affected each member of the group.

    1. Members of a group complaint cannot file an individual complaint on the same issue(s).

    2. The group must select a spokesperson to present all matters of the complaint. The group may select up to two (2) spokespersons.

    3. Only the spokesperson(s) for a group complaint may request to use complaint preparation time. If a group complaint has more than one spokesperson, the requested complaint preparation time is limited to a combined total of four (4) hours, as approved by the supervisor.

    4. All members of a group complaint must sign the Unclassified Employees Group Complaint Roster (Attachment #2) certifying that each employee’s personal employment has been unfavorably affected and that they agree with the contents of the complaint. This roster must be submitted with the complaint.

Section P: Consolidation of Complaints

  1. When appropriate, OHR may:

    1. Consolidate multiple complaints filed by an employee into a single complaint; and,

    2. Consolidate separate complaints filed by two (2) or more employees regarding the same issue(s) into a group complaint.

Section Q: Extension of Time Limits

  1. Time limits may be extended under the following circumstances:

    1. Upon agreement of all parties to a complaint, any time limit may be extended; and,

    2. OHR or the Complaint Hearing Officer may extend any time limit due to emergency, medical disability or legally mandated absence.

      Appropriate individuals will be notified of the length and reasons for an extension.

Section R: Withdrawing a Complaint

  1. A complaint may be voluntarily withdrawn by the employee in writing, at any time during the complaint process. A complaint that has been withdrawn will be considered closed and may not be refiled.

Section S: Complaint Decision

  1. The OHR Deputy Commissioner or designee will review the findings and recommendations of the Complaint Review Official and issue a decision in writing within fifteen (15) workdays of receipt of the findings and recommendations. The decision of the OHR Deputy Commissioner or designee is final and concludes the complaint process.

Section T: Suspending the Complaint Resolution Procedure

  1. In the event of an emergency, OHR may suspend the complaint resolution procedure, under this policy.

    1. Once a suspension has ended, the employee may file a complaint for an issue(s) that occurred before the effective date of the suspension.

    2. Any complaint filed within fifteen (15) workdays after the conclusion of the complaint resolution procedure suspension will not be denied or otherwise limited.

For additional information or assistance, please contact your designated Human Resources Representative.