EEO Compliance Training for Managers and Supervisors

1. EEO Compliance Training for Managers and Supervisors EEO & Diversity Management Team Office of Human Resources

2. 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 County’s policy?

3. 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

4. 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; we’re here to help

5. County Vision • EEO & Diversity: separate but complementary goals • EEO is the foundation upon which diversity is built diversity validate respect protect laws rights EEO

6. 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)

7. 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

8. 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.

9. 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

10. ADA: Reasonable Accommodation • Making facilities accessible • Job restructuring • Modified work schedules • Modified processes (testing, application) • Special assistance/equipment • Reassignment (last resort)

11. 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

12. 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

13. Theories of Discrimination • Disparate Treatment • Disparate (Adverse) Impact • Harassment/Hostile Work Environment

14. 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?

15. 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

16. Harassment/Hostile Work Environment • Conduct that has the intent or effect of unreasonably interfering with one’s 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 harassm’t

17. 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/stroking • Standing too close/ogling/suggestive gestures • Written • Unwelcome personal letters/e-mails

18. 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!!!

19. 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

20. 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

21. County Policies • EEO Policy • Report • Document • Respond • Sexual Harassment Policy • 24 hour response/report time

22. Questions??