Teaching your Supervisors how to supervise

1. This is not an official EEOC document and solely reflects the author’s views and is meant for technical assistance. Teaching your Supervisors how to supervise by Joe Bontke Ombudsman & Outreach Manager Houston District Office 713 209 3436 joe.bontke@eeoc.gov EEOC Information 1 800 669 4000 www.eeoc.gov

2. wouldn’t supervision be easier if you only worked with adults

3. Introduction All organizations experience conflict. Most of this tension results from differences that exist because of contrasting values. We make choices and decisions based on our value system, and differing values often lead to misunderstandings and misinterpretation. This, in turn, hampers our relationships and lessens the effectiveness of our work together

4. Let’s look at our “backpacks” • It’s what we “bring” to work • It’s who I am • It’s my “stuff”

5. A quick overview of real employment laws • Title VII • ADEA • EPA • ADA • The rest of the story

6. The Civil Rights Act of 1964 Title VII prohibits discrimination on the basis of: • Race • Color • Sex (including pregnancy discrimination) • Religion • National Origin (including ethnic background and traits associated with national origin, i.e., family surname, language or accent)

7. The Age Discrimination in Employment Act (ADEA) • Applies to employers with 20 or more employees. • Applies to individuals who are age 40 and over.

8. The Equal Pay Act (EPA) • Prohibits sex-based wage discrimination • Includes fringe benefits • Applies when men and women perform substantially equal work

9. Title I of the Americans with Disabilities Act (ADA) • Prohibits discrimination on the basis of disability, including the requirement to provide a reasonable accommodation to persons with physical and/or mental limitations.

10. What is the truth?

11. Finished files are the result of years of scientific study combined with the experience of many years of experts.

12. Finished files are the result of years of scientific study combined with the experience of many years of experts. 7 of them!

13. The Generations There can currently be 4 defined generations observed in modern society • The Builders • The Boomers • The X-ers • The N-Gen

14. Clash In Values

15. Supervision 101 • You want to be liked by your staff … but being liked is not part of your job description • Why not just be respected! • What can you do when someone is not a good employee?

16. Retaliation is Prohibited • It is unlawful to penalize, punish or deny an employment benefit because that person opposed discrimination or participated in any way (ex: as a witness) in the investigation of a charge.

17. Recordkeeping Requirements • Payroll, personnel and employment action records • Employers can comply with all of the laws by retaining all payroll, personnel and employment action records for 3 years. • SUPERVISORS do you have any …. • DOCUMENTATION

18. Medical Records and Information-- • Medical information about applicants and/or employees in a confidential medical file that is separate from the personnel, payroll and employment action in a locked file cabinet.

19. InterviewingApplicants

20. Job Application Questions • It is best to limit job application questions to basic identifying information (e.g. name, address, social security number) • Questions about job qualifications • Questions related to the ability to perform essential functions • Required licenses or degrees

21. Questions to avoid-- • Are you pregnant? • Do you plan to have children? • What is your date of birth? • Are you married? • Do you have a disability? • Do you need an accommodation to do this job? • Have you ever been treated for a mental illness?

22. IdentifyingandPreventingWorkplaceHarassment

23. Harassment • Any unwelcome verbal or physical conduct based on: • Race • Color • Sex • Religion • National origin • Age • Disability

24. Two Types of Harassment • 1) Tangible Employment Action • Only supervisors and managers can subject an employee to tangible employment action harassment because only supervisors and managers have the authority needed to take a tangible employment action. (hiring, benefits, promotion, demotion, discharge)

25. 2) Hostile Work Environment • Unwelcome comments or conduct based on race, color, sex, religion, national origin, age or disability unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. • A hostile work environment can be created by a supervisor, manager, co-worker or non-employee. • Includes, jokes, gestures, touching, graffiti, demeaning names or expressions, mocking behavior.

26. Avoiding Harassment • Educate and Monitor • Listen and Investigate • Take Corrective Action As a supervisor you set the standard

27. Performance Evaluations • Avoid allegations of discrimination by: • Making sure evaluation systems are • Understood by both supervisors and employees • Consistently applied • Predictable

28. Questions, concerns or criticisms ….

29. Your trainer for today: Joe Bontke Ombudsman & Outreach Manager EEOC Houston District Office (713) 209-3436 tty 713 209 3439 joe.bontke@eeoc.gov For EEOC information and to speak with a real person call 1 800 669 4000 and visit our website www.eeoc.gov For training at your business or organization call one of our small business ombudspersons for a list go to: http://www.eeoc.gov/employers/contacteeoc.html For Local TAPS (technical assistance program seminars) go to: http://www.eeotraining.eeoc.gov/profile/web/index.evt?PKwebID=0x666c657