Eeo compliance training for managers and supervisors
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EEO Compliance Training for Managers and Supervisors. EEO & Diversity Management Team Office of Human Resources. What we will cover:. What is EEO? Why train? What are the laws? What are the different types of discrimination? What are my responsibilities as a supervisor?

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EEO Compliance Training for Managers and Supervisors

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Eeo compliance training for managers and supervisors

EEO Compliance Training for Managers and Supervisors

EEO & Diversity Management Team

Office of Human Resources


What we will cover

What we will cover:

  • What is EEO?

  • Why train?

  • What are the laws?

  • What are the different types of discrimination?

  • What are my responsibilities as a supervisor?

  • What is the County’s policy?


Agenda

Agenda

  • County Vision

  • Definitions: EEO & Diversity

  • Legal Bases for EEO

  • Theories of Discrimination

  • Important Supreme Court Cases

  • Supervisors Responsibilities

  • Montgomery County Policies

  • Workplace Harassment Video

  • Case Studies

  • Post Assessment


Why are we here

Why are we here?

  • Guiding Principle: Appreciating Diversity

  • Personnel Regulations: EEO training for supervisors is MANDATORY

  • Supervisors are agents of the employer; vicarious liability

  • Laws change; guidance changes

  • There is a need; we’re here to help


County vision

County Vision

  • EEO & Diversity: separate but complementary goals

  • EEO is the foundation upon which diversity is built

diversity

validate

respect

protect

laws

rights

EEO


Definitions

Definitions

  • Equal employment opportunity (EEO): our right to work free from discrimination based on race, color, religion, national origin, sex, sexual orientation, age and disability

  • EEO Compliance: adherence to the laws and policies that prohibit discrimination in the workplace (reactive)

  • Diversity: respect and validation for that which makes us different (proactive)


Eeo is the law

EEO is the LAW

  • Title VII of the Civil Rights Act of 1964

  • Civil Rights Act of 1991

  • Americans With Disabilities Act of 1990

  • Age Discrimination in Employment Act of 1967

  • Equal Pay Act of 1963

  • Article 49B Annotated Maryland Code

  • Chapter 27 Montgomery County Code


Eeo is federal law

EEO is Federal law

  • Title VII of the Civil Rights Act of 1964

    • Prohibits discrimination in terms, conditions, or privileges of employment based on race, color, religion, national origin, sex

    • Unlawful to discriminate in job advertising, recruitment, selection, assignment, transfer, classification, promotion, wages, salary, discipline, training, seniority, benefits, layoffs, recall, termination, etc.


Eeo is federal law1

EEO is Federal law

  • Civil Rights act of 1991

    • Established right to jury trials

    • Established limits on compensatory/ punitive damages: $300,000 + attorneys’ fees, back/front pay, out-of-pocket expenses

  • Age Discrimination in Employment Act of 1967

    • Prohibits employment discrimination against individual over 40

  • Americans with Disabilities Act of 1990 (Title 1)

    • Prohibits discrimination against qualified individuals with disabilities; record of disability; or being regarded as disabled

    • Duty to engage in “interactive process”

    • Duty to reasonably accommodate unless undue hardship


Ada reasonable accommodation

ADA: Reasonable Accommodation

  • Making facilities accessible

  • Job restructuring

  • Modified work schedules

  • Modified processes (testing, application)

  • Special assistance/equipment

  • Reassignment (last resort)


Eeo is local law

EEO is local law

  • Article 49B Annotated Maryland Code

    • Prohibits discrimination on same bases as Title VII + ADA + ADEA + marital status, and sexual orientation

  • Chapter 27 Montgomery County Code

    • Prohibits discrimination on same bases as Title VII + ADA + ADEA + Article 49B + presence of children, sources of income, sexual orientation, genetic status


Important supreme court cases

Important Supreme Court Cases

  • Griggs v. Duke Power Co. 1972

    • Adverse Impact of selection criteria (tests, degrees, etc)

    • Uniform Guidelines on Employee Selection Criteria

    • Criteria must be job-related & consistent with business necessity (BFOQ); race is never a BFOQ

  • Meritor Savings Bank v. Vinson 1986

    • Sexual Harassment is unwelcome sexual conduct

    • Voluntary does not necessarily mean welcome

  • Faragher v. Boca Raton; Ellerth v. Burlington 1998

    • Tangible action taken (quid pro quo): No defense

      • Significant change in employment status

    • No tangible action taken (harassment): Affirmative Defense

      • Anti-discrimination policy/prompt and effective corrective action

      • Complainant failed to take advantage of complaint process


Theories of discrimination

Theories of Discrimination

  • Disparate Treatment

  • Disparate (Adverse) Impact

  • Harassment/Hostile Work Environment


Disparate treatment

Disparate Treatment

  • When individuals are treated differently based on race, color, religion, sex, sexual orientation national origin, age, disability.

  • Discriminatory intent

  • Prima Facie case: An individual must be

    • a member of a protected class

    • qualified for the position/benefit

    • applied and was rejected

    • opportunity remained open

  • Favoritism – is it unlawful?


Disparate impact

Disparate Impact

  • Facially neutral employment practices that adversely affect one protected group more than another (4/5 rule), and

  • The practice is not job-related or based on business necessity (Griggs case)

  • Discriminatory motive is not required


Harassment hostile work environment

Harassment/Hostile Work Environment

  • Conduct that has the intent or effect of unreasonably interfering with one’s work, or creates an offensive, intimidating, or hostile work environment

  • Can be based on race, color, religion, national origin, sex, sexual orientation, age, disability

  • Conduct is severe or pervasive

  • Reasonable person standard

  • For co-worker harassment, employer is liable if s/he knew or should have known about harassm’t


Examples of harassing behaviors

Examples of Harassing Behaviors

  • Verbal

    • Unwelcome comments

    • Racial/sexual epithets

    • Offensive jokes/stories

  • Visual

    • Offensive pictures/photos/cartoons

    • Offensive posters/calendars/magazines/objects

    • Offensive screen savers/videos

  • Physical

    • Unwelcome touching/hugging/kissing/patting/stroking

    • Standing too close/ogling/suggestive gestures

  • Written

    • Unwelcome personal letters/e-mails


Supervisors responsibilities harassment free environment

Supervisors’ Responsibilities: Harassment-free environment

SUPERVISORS HAVE A LEGAL DUTY TO RESPOND TO HARASSMENT; IGNORANCE IS NO DEFENSE

  • Be proactive; monitor workplace behaviors

  • Treat all complaints seriously, confidentially

  • Respond immediately; investigate

    • Be sensitive but impartial

    • Interview parties and relevant witnesses

    • Ask open ended questions

    • Collect relevant documentation/evidence

  • Ensure no retaliation

  • Report complaints to EEO

  • Take appropriate corrective action; follow-up

  • Post EEO Policy

  • Document, document, document!!!


Supervisors responsibilities selection process

Supervisors’ Responsibilities: Selection Process

  • Outreach: cast the net wide

  • BFOQs in selection criteria

  • Write Position Description

  • Diverse Interview Panels

    • Standard questions (no medical/personal)

    • Take notes/quantify responses/use matrix

    • Feedback to unsuccessful candidates (letters)

  • Review process for equity and consistency

  • Keep records


Management best practices

Management Best Practices

  • Set example; “walk the talk”

  • Be accessible; “open door policy’

  • Regular communication (staff meetings)

  • Enforce respect in the workplace; avoid borderline

  • Accommodate whenever possible (on all bases: disability, religion, etc.)

  • Educate staff; reiterate EEO policies


County policies

County Policies

  • EEO Policy

    • Report

    • Document

    • Respond

  • Sexual Harassment Policy

    • 24 hour response/report time


Questions

Questions??


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