Eeo best practices addressing and preventing discrimination
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EEO Best Practices: Addressing and Preventing Discrimination. February 12, 2013 MHRMA. Objectives for Today. Today’s session will introduce: Key elements of an effective discrimination prevention program MCAD discrimination prevention resources. Role of the MCAD.

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Presentation Transcript

Objectives for today
Objectives for Today

Today’s session will introduce:

  • Key elements of an effective discrimination prevention program

  • MCAD discrimination prevention resources


Role of the mcad
Role of the MCAD

  • Receives complaints from employees and others who feel they have experienced discrimination

  • Statute of limitations

  • Intake  mediation  investigation  hearing

  • 3,000 to 4,000 cases each year

  • 85% employment cases


Forms of discrimination
Forms of Discrimination

  • Disparate Treatment

  • Harassment

    • Quid Pro Quo

    • Hostile Environment (sexual or other forms)

  • Disparate Impact

  • Accommodation

    • Disability or Religion


Mass general law 151b employment

Military personnel

National origin or ancestry

Race or color

Religion

Retaliation

Sexual orientation

Mass. General Law 151B: Employment

Actions cannot be based on:

  • Age

  • Criminal records (inquiries only)

  • Disability

  • Gender

  • Gender expression

  • Genetics


The eeo function policies

POLICY

The EEO Function: Policies

  • General EEO policy

  • Discriminatory harassment policy

  • Professional conduct policy

  • All policies translated as needed


Eeo policies what mass law says
EEO Policies: What Mass. Law Says

  • Every employer shall:

    • adopt a policy against sexual harassment

    • provide an individual copy to new employees when hired, and annually to all employees

  • MCAD provides model policy and poster

  • Training strongly encouraged for:

    • new employees within 1 year

    • new supervisors within 1 year

  • Mass. Gen. Law 151B, §3a


Eeo policies key elements

POLICY

EEO Policies: Key Elements

  • Forms of discrimination

  • Examples of actions that may violate the policy and/or require reporting

  • Groups protected, including retaliation

  • Who to contact with concerns and accommodation requests

  • Procedures for investigations and remedial action

  • How to contact the MCAD/EEOC and statute of limitations


The eeo function procedures
The EEO Function: Procedures

  • Regular policy distribution

  • Inclusive recruitment program and non-discriminatory job descriptions, hiring criteria and hiring practices

  • Non-discriminatory performance management

  • Careful review of accommodation requests

  • Equal service for customers


Accommodation procedures
Accommodation Procedures

  • Well-written job descriptions

  • Recognize requests

  • Analyze medical documentation

  • Ensure an interactive dialogue and analyze reasonableness

  • Implement and evaluate accommodations

  • Consider leave rights


The eeo function complaints
The EEO Function: Complaints

  • At least 2 individuals named to receive internal complaints

  • Each trained to conduct discrimination complaint investigations

  • Prompt, neutral investigations with thorough follow-up


Internal investigations
Internal Investigations

  • Meet with the complaining employee

  • Plan the investigation

  • Conduct witness interviews and collect relevant documents

  • Complete a final report

  • Take next steps as needed


The eeo function training
The EEO Function: Training

  • Why is it important to conduct regular discrimination prevention training for managers and supervisors?

  • For line staff?


Effective eeo training strategies
Effective EEO Training Strategies

  • Tailor design initial, refresher, and remedial sessions

  • Incorporate interactive methods to ensure understanding, application, and retention

  • Often need 3½ (employees) to 4 hours (managers) to cover essential elements

  • Shorter refresher sessions every 1 to 3 years


Eeo training strategies cont
EEO Training Strategies, cont.

  • 25 or fewer participants per session

  • Participation of all employees with translation as needed

  • Training of trainer

  • Sign-in sheet

  • Continual evaluation, fine-tuning, and updating


Trainer selection and preparation
Trainer Selection and Preparation

  • Can use MCAD or our trainer referral list

  • Evaluate potential trainers’:

    • Past training experience

    • Interactive training strategies

    • Understanding of work environment and ability to tailor training

  • Collaborate with the trainer to ensure design matches employees’ needs


Mcad courses for eeo professionals
MCAD Courses for EEO Professionals

  • Two half-day prerequisites plus four modules:

    • Two Train-the-Trainer modules

    • Conducting Internal Discrimination Complaint Investigations

    • Responding to Accommodation Requests

  • Enrollment in fall

  • Each module includes practicum


Other mcad resources
Other MCAD Resources

  • Free complaint mediation program

  • Fee-for-service training

  • Referrals to trainers, internal investigators, and accommodation consultants

  • Web site with guidelines, posters, and other publications: www.mass.gov/mcad


Table discussion next steps

EEO

EEO

Table Discussion: Next Steps

  • What is one next step you’d like to take to improve the discrimination prevention program in your workplace?


For more information
For More Information


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