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

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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 Countys policy?

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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

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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 were here to help

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County Vision

• EEO Diversity separate but complementary goals
• EEO is the foundation upon which diversity is
  built

diversity
validate
respect
protect
rights
laws
EEO
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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)

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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

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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.

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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

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ADA Reasonable Accommodation

• Making facilities accessible
• Job restructuring
• Modified work schedules
• Modified processes (testing, application)
• Special assistance/equipment
• Reassignment (last resort)

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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

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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

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Theories of Discrimination

• Disparate Treatment
• Disparate (Adverse) Impact
• Harassment/Hostile Work Environment

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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?

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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

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Harassment/Hostile Work Environment

• Conduct that has the intent or effect of
  unreasonably interfering with ones 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 harassmt

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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/strokin
  g
• Standing too close/ogling/suggestive gestures
• Written
• Unwelcome personal letters/e-mails

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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!!!

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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

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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

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County Policies

• EEO Policy
• Report
• Document
• Respond
• Sexual Harassment Policy
• 24 hour response/report time

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Questions??