An Overview of Equal Opportunity 2004

1. An Overview of Equal Opportunity 2004

2. Training Objectives • EQUAL OPPORTUNITY (EO) PROGRAM • LEGAL AUTHORITIES • RELATED CALTRANS POLICIES & DIRECTIVES • MANAGER/SUPERVISOR/Employees RESPONSIBILITIES, LIABILITIES, AND PREVENTION STRATEGIES • OVERVIEW OF COMPLAINT PROCESS • SEXUAL HARASSMENT PREVENTION

3. Headquarters Equal Opportunity Program Organizational Chart

4. Principles of Equal Opportunity Achieve Equality Come together to achievean environment free of discrimination without regard to race, gender, religion, color, national origin, age, marital status, sexual orientation, political affiliation, disability or medical condition. Appreciate Diversity Recognize and appreciate the Caltrans Team for its blend of different cultures, experiences and backgrounds by working together to enhance our personal and professional lives and contributing to the success of a very dynamic Department. Acknowledge Differences Acknowledge different perspectives at all levels and embrace the uniqueness that others add to our personal andprofessional growth, talent, and learning.

5. EQUAL OPPORTUNITY PROGRAMRoles & Responsibilities • Encourages compliance w/Departmental EO Program • Increases employee awareness of EO issues • Provides training, resources & information • Assists w/the resolution of discrimination issues, and the informal/formal complaint process • Responds to control agencies • Provides technical assistance to other partner programs; i.e., ADA, Reasonable Accommodation

6. LEGAL AUTHORITIES (Federal and State) • TITLE VI, Civil Rights Act of 1964 • TITLE VII, Civil Rights Act of 1964 • Section 504 - REHABILITATION ACT of 1973 • AMERICANS WITH DISABILITIES ACT of 1990 (ADA) • CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT of 1959 (FEHA)

7. FEDERAL Race National Origin Color Religion Sex Gender Sexual Harassment Pregnancy Age – 40 or older American with Disabilities Act Family Medical Leave Act STATE Race National origin Color Religion Sex Age – 40 or older Ancestry Sexual Orientation Marital Status Disability Medical Condition Pregnancy Disability Leave CA Family Rights Act (CFRA) Retaliation Perceived Status or Association Political Affiliation Basis of Protection From Discrimination

8. Employment Decisions Regulated by Law • Hiring, firing, promotions, transfers, layoffs • Recruitment, testing, advertisements • Compensation, retirement plans, disability leave • Training • Other terms and conditions of employment

9. THEORIES OF DISCRIMINATION • Differential/Disparate Treatment: Intentionally denying an employment opportunity on the basis of a protected characteristic. • Adverse Impact: A neutral policy, practice or procedure that disproportionately burdens or screens out a protected group.

10. THEORIES OF DISCRIMINATION • Perpetuation of Past Discrimination: Where a past discriminatory policy or practice is maintained. • Reasonable Accommodation: Failure to provide accommodation for disabilities and religious practices. • Retaliation: Reprisals against persons who have participated in a complaint.

11. KEY ELEMENTS OF DISCRIMINATION • ISSUE - Promotion, Work Environment • BASIS - Race, Religion, Disability, etc. • THEORY OF DISCRIMINATION - Retaliation, Disparate Treatment, etc. • CAUSAL LINK - Link between the employment practice and the protected characteristic

12. KEY ELEMENTS OF DISCRIMINATION • PRIMA FACIE CASE: Evidence to support an allegation • BURDEN OF PROOF: Obligation to establish a degree of belief. • PREPONDERANCE OF EVIDENCE: Standard for evaluating evidence.

13. Discriminatory PracticesRegulated by Law • Harassment based on any protected characteristic. • Retaliation for filing a complaint of discrimination or for participating in an investigation. • Employment decisions based on stereotypes or assumptions of a particular group.

14. #1. TRUE OR FALSE? FACT: NINA VOLUNTARILY RESIGNED AS A RESULT OF SERIOUS RACIAL HARASSMENT.

15. TRUE OR FALSE? NINA CANNOT HAVE A VALID CLAIM FOR WRONGFUL DISMISSAL IF THE STATE RESPONDED TO THE REPORT OF HARASSMENT, RID THE WORKPLACE OF HARASSMENT AND TOOK CORRECTIVE ACTION AGAINST THOSE RESPONSIBLE FOR THE HARASSMENT.

16. BEST ANSWER: FALSE NINA MAY HAVE SUCH A CLAIM IF THE “RESPONSE” CAME AFTER FRONT-LINE SUPERVISORS HAD FAILED TO RESPOND TO PRIOR COMPLAINTS, RESULTING IN NINA’S FORCED DEPARTURE. ALTHOUGH THIS EMPLOYER PROPERLY RESPONDED AFTER THE FACT, IT FAILED TO PREVENT THE “SERIOUS RACIAL HARASSMENT”.

17. #2. TRUE OR FALSE? FACTS: WARD IS A STATE WORKER. HIS CO-WORKER, SHEILA, COMPLAINS TO HER SUPERVISOR THAT WARD IS CONSTANTLY LOSING HIS TEMPER WITH HER AND RAISING HIS VOICE IN ANGER. ON SEVERAL OCCASIONS, WARD HAS SAID DIVISIVE THINGS LIKE: “IF IT WASN’T FOR AFFIRMATIVE ACTION, WOMEN WOULD NOT BE ALLOWED TO DO A MAN’S JOB - YOU JUST DON’T HAVE WHAT IT TAKES?”

18. TRUE OR FALSE? THIS MAY BE RUDE CONDUCT ON WARD’S PART, BUT IT IS NOT SEXUAL OR GENDER HARASSMENT BECAUSE WARD HAS A RIGHT TO EXPRESS HIS FIRST AMENDMENT OPTIONS.

19. BEST ANSWER: FALSE WHILE WARD CERTAINLY HAS A RIGHT TO HIS BELIEFS, HE DOES NOT HAVE AN ABSOLUTE FIRST AMENDMENT RIGHT TO EXPRESS THEM IN THE WORKPLACE.

20. CALTRANS POLICY & DEPUTY DIRECTIVES • EQUAL OPPORTUNITY • SEXUAL HARASSMENT • REASONABLE ACCOMMODATION • AMERICANS WITH DISABILITIES ACT (ADA)

21. EQUAL OPPORTUNITY POLICY(Zero Tolerance Policy) • What does Zero Tolerance mean? • Must take immediate and appropriate action. • Conduct does not need to be severe and pervasive. • Caltrans has a higher standard than the law.

22. Sexual HarassmentDeputy Directive • Provide a workplace free of sexual harassment. • Provide training and encourage employees to identify, prevent and report inappropriate conduct. • Take effective, appropriate and timely corrective actions. • Refrain from conduct that can reasonably be interpreted as sexual harassment.

23. Sexual Harassmentis Any conduct or communication of a sexual nature (verbal, written, visual or physical) which is: unwanted, creates a hostile, offensive or intimidating work environment, and/or affects a person’s ability to perform work.

24. Reasonable AccommodationDeputy Directive Provide reasonable accommodations to assist qualified employees and applicants with a disability to participate in Departmental programs, services and/or to perform the essential functions of the employee’s job.

25. Americans w/Disabilities Act (ADA)Deputy Directive Ensures equal employment opportunities for employees and applicants, including those with a disability, by providing access opportunities to Departmental programs, services, and activities.

26. Manager/Supervisor Responsibilities As a supervisor and agent of the Department, your role is to assure that Caltrans provides equal access to all its programs, services and employment opportunities.

27. Employees’ Responsibilities • Employees are responsible for behaving in ways that maintain a work environment which is free of discrimination and harassment. Employees are also responsible for reporting inappropriate behavior in a timely manner.

28. How to do you fulfill your role as a Supervisor? • Know the departmental policies, who is protected and what is protected. • Implement the policies. • Assure accessibility. • Provide an harassment free environment.

29. How do you fulfill your role as an employee? • Know the departmental policies, who is protected and what is protected. • Self-awareness, in terms of understanding your own culture, identity, biases, prejudices, and stereotypes. • Be aware of accessibility needs. • Participate in providing an harassment free environment

30. Supervisory Liability Caltrans liability for discrimination and harassment begins: • When knowledge of the condition exists, and when you should have known about it, but failed to take action. • As agents of the Department, supervisors can personally incur liability in the same way.

31. How to Prevent Discrimination & Harassment in the Workplace

32. PRACTICE PREVENTION • Set standard; and lead by example. • Communicate policies clearly and consistently. • Address complaints or observations of discriminatory/harassing conduct immediately. • Document incidents of discriminatory & harassing conduct. • Effectively monitor the workplace after a complaint of discrimination/harassment is filed.

33. What if? (Situation #1) #1 You have a position opening up soon in your unit. You have worked with Joe in the past and you believe that he would be just perfect for the job. What action would you take in this situation?

34. OPTIONS A. Tell Joe that you have an opening in your unit and you would like him to have the position. B. Mention in meetings and other conversations that Joe would be a great choice for the position. C. Encourage Joe to apply for the position. D. Provide Joe with materials and background information to prepare for the interview.

35. BEST RESPONSE • ISSUE: Pre-selection C is the best response. It is acceptable for supervisors to request a certain individual to compete along with other interested candidates. Supervisor needs to be careful so that there are no promises or pre-selection.

36. What if? (Situation #2) Three gay men, Sam, Bill, and Don, are co-workers on large project. All three men were repeatedly exposed to graphic and offensive jokes about homosexuals. Sam and Bill objected to supervisors. Don, however, laughed along with the remarks.

37. True or False? This may be a preventable hostile environment if Don was offended, but felt compelled to "go along."

38. BEST ANSWER: True A hostile environment is based in part on unwelcome conduct. Although Don might have a difficult time producing evidence that the conduct was unwelcome, this element is subjective in nature. The real issue is: The supervisor and employees involved must be aware and follow the Caltrans Zero tolerance for discrimination and harassment in the workplace.

39. RESPONDING TO DISCRIMINATION

40. Supervisors: Take the situation seriously Communicate with employee Act immediately to stop behavior Maintain confidentiality Remain neutral Employees: Contact the EO Office for assistance Report it to your supervisor Document actions Resolve at lowest possible level - whenever possible Supervisors and EmployeesDO’S

41. Supervisors and EmployeesDON’TS • Make judgments • Ignore or delay • Diminish or exaggerate • Make promises • Legally advise the complaining party • Take the complaint personally! • Retaliate!

42. DISCRIMINATION COMPLAINT PROCESS

43. INTERNAL COMPLAINT PROCESS (Informal) • Offers informal confidential counseling concerning potential discrimination and/or harassment. • Provides a means for resolving discrimination complaint issues quickly, informally and at the lowest possible level. • EO Staff works with employees, supervisors, and managers to assist in finding a fair and equitable solution to the employee’s issues/concerns.

44. INTERNAL COMPLAINT PROCESS (Informal) • Employee or applicant may utilize the informal process by contacting: • HQ Office of Equal Opportunity • District Office of Equal Opportunity • Calling the Discrimination Complaint Hotline # at 1-866-810-6346. • Informal contact must be made within one year of the date of the discriminatory action.

47. EXTERNAL COMPLAINT PROCESS Employees who believe they have been subjected to discrimination can go outside the Department to file a discrimination complaint. External Agencies: • Department of Fair Employment and Housing (DFEH) • Equal Employment Opportunity Commission (EEOC) • State Personnel Board

48. PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE

49. SEXUAL HARASSMENTWhat is it? Any conduct or communication of a sexual nature (verbal, written, visual or physical) which is: • Unwanted • Creates a hostile, offensive or intimidating work environment, and/or • Affects a person’s ability to perform work.

50. EXAMPLES OF UNWELCOME BEHAVIOR • Verbal - epithets, derogatory comments, slurs • Physical - assault, blocking movement or physical interference with work • Visual - derogatory posters, cartoons, drawings, gestures • Sexual - conditioning an employment benefit on a sexual favor