Office of Equal Opportunityand Affirmative Action John R. Park Building 201 South Presidents Circle, #135 Salt Lake City, UT 84112 (801)581-8365 • Tom Loveridge • Chris Bone (Temp) • Alex Buenrostro • Krista Pickens • Sandy Haughey • Susie Johnson • Edwin Lyons
What We Do Resource for Information Education Mediation/Negotiation Investigations: Internal External Affirmative Action
Neutral and Confidential University PPM 2-32 provides: • The privacy of all parties involved in a complaint investigation shall be strictly respected insofar as it does not interfere with the university's legal obligation to investigate allegations of misconduct, to take corrective action, or as otherwise provided by law.
Illegal Discrimination, Sexual Harassment, ADA Policies Protect: • Faculty • Staff (PT, FT, Probationary) • Students and Athletes • Patients • Volunteers • University Residents • Participants
Retaliation Prohibited You cannot be retaliated against for: • Reporting discrimination • Objecting to a discriminatory employment practice • Requesting an accommodation
Participants Must Comply University PPM-2-32 provides: • Failure by a participant in the process to comply with the mandates of this section, may result in disciplinary action.
Case Study - Maria & Naomi • Maria, and Naomi are two new employees in your department. Both of them primarily speak in Spanish and their English is limited. • Other employees have come to you and complained that they are annoyed that Maria and Naomi speak to each other in Spanish and they think Maria and Naomi are talking about them. • Can you require them to speak “English-only” while working their shift?
Case Study: Maria and Naomi • During their break? • They are nurses – during a procedure? • They are OCRs – during incoming calls?
Discrimination Treating someone differently for any reason.
Race National Origin Color Sex Religion Age Disability Veteran’s Status Sexual Orientation (University Policy Only) Illegal Discrimination
Race, National Origin, or Color • Race: Federal Categories • National Origin: Birthplace, ancestry, language, foreign accent, culture, ethnicity • Color of Skin: Two people of the same race may illegally discriminate against each other
Religion Includes: • All aspects of religious observance, practice and belief Employers must: • Give a reasonable accommodation if no undue hardship • Not discriminate
Age Protected Categories • Age: 40 + • Employment • Academic
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act ADA/SECTION 504 COORDINATOR: CHRIS BONE • Prohibits Discrimination or Harassment • Provides Reasonable Accommodations • Provides Equal Access
Jane is an applicant for the Case Manager position in your department. An offer for the job is prepared for Jane and you and your team take Jane to lunch for a final “interview.” During lunch, Jane discloses she is pregnant. You have not given her the offer yet. Can you now change your mind and hire the next one down on the list – a man? Case Study - Jane
Sex Discrimination Includes: • Pregnancy Discrimination • Gender (Male or Female) • Sexual Harassment • Gender Identity
Sexual Harassment Two Types: • Quid Pro Quo • Hostile Work Environment
Quid Pro Quo Sexual Harassment: “This For That”
Elements of Quid Pro Quo • Power or authority • Sexual or romantic request • Outcome may affect employment
Case Study: Lisa John is an RN, with 10 years seniority. John is known around the department as a flirt. Sometimes he goes “a little overboard” with his comments, but everybody pretty much knows to ignore him. Lisa, a newly hired RN, comes to you and complains that on every shift with John, he seems to follow her around, telling her how beautiful she is, what a great shape she has, how he loves to “watch her walk away.” Lisa claims that last night while in the break room, John said to her, “Come over and sit by me and we will see what comes up.” Lisa has requested you make sure she is not scheduled with John. She does not want you to confront him or do anything – just change her schedule. She tries to swear you to secrecy.
Case Study – LisaWhat do you do? • Fire Lisa – she has only been here a month and she obviously doesn’t have a sense of humor. • Reschedule her, say nothing to John, but document to yourself the conversation. • Call OEO/AA
Supervisor Responsibilities • Once informed of an issue related to sexual harassment or discrimination, the supervisor, chair, dean or other representative of the university shall immediately inform the OEO/AA. • Discrimination complaints may be accessed online at: http://www.hr.utah.edu/forms
Hostile Work Environment Sexual Harassment 1) Sexual in Nature 2) Unwelcome or Unwanted 3) Pervasive and/or Severe
Sexual in Nature • Visual • Physical • Verbal
Unwelcome or Unwanted • Make it known • Walk away • Do not participate
Pervasive: On-going Wide spread Repetitive Severe: One incident Pervasive and/or Severe
Intent is not relevant. Reasonable Man Reasonable Woman Intent vs. Perception
Consensual Relationship Policy • When a supervisor has direct authority and is involved in a sexual or romantic relationship: • Report • Remove Power Element
Americans With Disabilities ActSection 504 - Rehabilitation Act • Prohibit Discrimination or Harassment • Provide Reasonable Accommodations • Provide Equal Access Who is your ADA/§504 ADA Coordinator?
Case Study: Karen • Karen is an OCR, newly hired and on probation. She comes to you and says she has back problems and cannot sit any longer than 25 minutes at a time.
Case Study – Karen, contWhat do you do? • Release her from probation. • Set a timer and relieve her every 25 minutes. • Tell her that she can file a Request for Accommodation/call OEO/AA
Case Study ADA: Karen • Three weeks pass, Karen has not contacted OEO/AA and she continues to leave her desk every 25 minutes. • What do you do?
ADA Process – What can you expect? • Contact from OEO/AA asking for Essential Function information • Wait • Wait . . .28 days later . . . • Contact from OEO/AA with decision: • Denied • Request that department make a business adjustment • Granted
Who Enforces The ADA On Campus? • The Office of Equal Opportunity and Affirmative Action (OEO/AA) • For staff, faculty, and accessibility • The Center for Disability Services (CDS) • For students, residents, participants, and accessibility. Who is your ADA/§504 Coordinator?
Under the ADA, you cannot be discriminated against for: • Having a disability • Having a record or historyof a disability • Being regarded or perceived as having a disability
Case Study: Bob • Bob has applied for a computer professional position. • Bob arrives for the interview and has an obvious severe visual impairment. • Can you ask him about it?
Case Study - Bob • You ask Bob if he will need a reasonable accommodation to perform his job. • He says, “no.” Do you probe further? • He says, “yes.” What can you ask? • What are you prohibited from asking?
ADA Definition of Disability: A permanent or long term physical or mental impairment which substantially limits one or more major life activities.
DEFINE MAJOR LIFE ACTIVITY An activity that is central to living (e.g. walking, lifting, performing manual tasks, learning, working, caring for oneself, seeing, sleeping, standing, etc.)
What are essential functions of the job? Those duties, that if not performed would change the nature of the job. Does that mean shift work?
Case Study Alejandra • Alejandra, a Computer Professional, tells you she broke her arm and cannot type for six weeks. You have other duties she can do. • What do you do?
What the ADA does not cover Minor, non-chronic conditions of short duration, such as a sprain, pregnancy, or broken limb generally would not be covered.
Case Study: Alejandra • What is a temporary business adjustment? • A temporary solution • No ADA analysis • Change according to the needs of the department/business
Examples of Accommodations •A change or adjustment to one’s job; •A more flexible or different work schedule; •Assistive devices (such as a piece of equipment) or service animals; •Time off of work; and, •Transfers to other positions. •Transfers are an option when an employee becomes disabled on the job and is no longer able to perform the essential functions of that particular job. •A transfer is to an open position at a lateral job grade or lower for which the individual meets the qualifications.
Magic Words Not Necessary • Connection between medical/mental condition and ability to do job. • Requires employer to engage in “interactive process.”
Helpful Hints • Business adjustments may be provided – call OEO/AA for help in facilitating one. Just remember what you provide for one, under similar circumstances, you must provide for others similarly situated. • ADA accommodation requests must be requested by the person wanting them. Do not make changes to someone's job duties or environment based on what you think is best. • Managers should not grant or deny accommodation requests without consulting OEO/AA.
Concluding ADA Information •The ADA is not retroactive •All ADA information about the employee and the accommodation is to be kept confidential & separate from personnel file
What Is Affirmative Action? • Who does Affirmative Action protect? • What about Reverse discrimination ? • What about quotas?
Affirmative Action • Federally mandated program to assist previously disadvantaged groups in achieving parity in the workplace; both in employment actions and salary.