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Training Objectives b EQUAL OPPORTUNITY (EO) PROGRAM b LEGAL AUTHORITIES b RELATED CALTRANS POLICIES & DIRECTIVES b MANAGER/SUPERVISOR/Employees RESPONSIBILITIES,

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Presentation on theme: "Training Objectives b EQUAL OPPORTUNITY (EO) PROGRAM b LEGAL AUTHORITIES b RELATED CALTRANS POLICIES & DIRECTIVES b MANAGER/SUPERVISOR/Employees RESPONSIBILITIES,"— Presentation transcript:

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3 Training Objectives b EQUAL OPPORTUNITY (EO) PROGRAM b LEGAL AUTHORITIES b RELATED CALTRANS POLICIES & DIRECTIVES b MANAGER/SUPERVISOR/Employees RESPONSIBILITIES, LIABILITIES, AND PREVENTION STRATEGIES b OVERVIEW OF COMPLAINT PROCESS b SEXUAL HARASSMENT PREVENTION

4 Headquarters Equal Opportunity Program Organizational Chart

5 Principles of Equal Opportunity Achieve Equality Come together to achieve an environment free of discrimination without regard to race, gender, religion, color, national origin, age, marital status, sexual orientation, political affiliation, disability or medical condition. Appreciate Diversity Recognize and appreciate the Caltrans Team for its blend of different cultures, experiences and backgrounds by working together to enhance our personal and professional lives and contributing to the success of a very dynamic Department. Acknowledge Differences Acknowledge different perspectives at all levels and embrace the uniqueness that others add to our personal and professional growth, talent, and learning.

6 EQUAL OPPORTUNITY PROGRAM Roles & Responsibilities b Encourages compliance w/Departmental EO Program b Increases employee awareness of EO issues b Provides training, resources & information b Assists w/the resolution of discrimination issues, and the informal/formal complaint process b Responds to control agencies b Provides technical assistance to other partner programs; i.e., ADA, Reasonable Accommodation

7 LEGAL AUTHORITIES (Federal and State) b TITLE VI, Civil Rights Act of 1964 b TITLE VII, Civil Rights Act of 1964 b Section REHABILITATION ACT of 1973 b AMERICANS WITH DISABILITIES ACT of 1990 (ADA) b CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT of 1959 (FEHA)

8 Basis of Protection From Discrimination FEDERAL b Race b National Origin b Color b Religion b Sex GenderGender Sexual HarassmentSexual Harassment PregnancyPregnancy b Age – 40 or older b American with Disabilities Act b Family Medical Leave Act STATE b Race b National origin b Color b Religion b Sex b Age – 40 or older b Ancestry b Sexual Orientation b Marital Status b Disability b Medical Condition b Pregnancy Disability Leave b CA Family Rights Act (CFRA) b Retaliation b Perceived Status or Association b Political Affiliation

9 Employment Decisions Regulated by Law b Hiring, firing, promotions, transfers, layoffs b Recruitment, testing, advertisements b Compensation, retirement plans, disability leave b Training b Other terms and conditions of employment

10 THEORIES OF DISCRIMINATION b Differential/Disparate Treatment: Intentionally denying an employment opportunity on the basis of a protected characteristic. b Adverse Impact: A neutral policy, practice or procedure that disproportionately burdens or screens out a protected group.

11 THEORIES OF DISCRIMINATION b Perpetuation of Past Discrimination: Where a past discriminatory policy or practice is maintained. b Reasonable Accommodation: Failure to provide accommodation for disabilities and religious practices. b Retaliation: Reprisals against persons who have participated in a complaint.

12 KEY ELEMENTS OF DISCRIMINATION b ISSUE - Promotion, Work Environment b BASIS - Race, Religion, Disability, etc. b THEORY OF DISCRIMINATION - Retaliation, Disparate Treatment, etc. b CAUSAL LINK - L ink between the employment practice and the protected characteristic

13 KEY ELEMENTS OF DISCRIMINATION b PRIMA FACIE CASE : Evidence to support an allegation b BURDEN OF PROOF: Obligation to establish a degree of belief. b PREPONDERANCE OF EVIDENCE: Standard for evaluating evidence.

14 Discriminatory Practices Regulated by Law b Harassment based on any protected characteristic. b Retaliation for filing a complaint of discrimination or for participating in an investigation. b Employment decisions based on stereotypes or assumptions of a particular group.

15 #1. TRUE OR FALSE? FACT: NINA VOLUNTARILY RESIGNED AS A RESULT OF SERIOUS RACIAL HARASSMENT.

16 TRUE OR FALSE? NINA CANNOT HAVE A VALID CLAIM FOR WRONGFUL DISMISSAL IF THE STATE RESPONDED TO THE REPORT OF HARASSMENT, RID THE WORKPLACE OF HARASSMENT AND TOOK CORRECTIVE ACTION AGAINST THOSE RESPONSIBLE FOR THE HARASSMENT.

17 BEST ANSWER: FALSE NINA MAY HAVE SUCH A CLAIM IF THE RESPONSE CAME AFTER FRONT-LINE SUPERVISORS HAD FAILED TO RESPOND TO PRIOR COMPLAINTS, RESULTING IN NINAS FORCED DEPARTURE. ALTHOUGH THIS EMPLOYER PROPERLY RESPONDED AFTER THE FACT, IT FAILED TO PREVENT THE SERIOUS RACIAL HARASSMENT.

18 #2. TRUE OR FALSE? FACTS: WARD IS A STATE WORKER. HIS CO-WORKER, SHEILA, COMPLAINS TO HER SUPERVISOR THAT WARD IS CONSTANTLY LOSING HIS TEMPER WITH HER AND IS CONSTANTLY LOSING HIS TEMPER WITH HER AND RAISING HIS VOICE IN ANGER. ON SEVERAL OCCASIONS, WARD HAS SAID DIVISIVE THINGS LIKE: IF IT WASNT FOR AFFIRMATIVE ACTION, WOMEN WOULD NOT BE ALLOWED TO DO A MANS JOB - YOU JUST DONT HAVE WHAT IT TAKES?

19 TRUE OR FALSE? THIS MAY BE RUDE CONDUCT ON WARDS PART, BUT IT IS NOT SEXUAL OR GENDER HARASSMENT BECAUSE WARD HAS A RIGHT TO EXPRESS HIS FIRST AMENDMENT OPTIONS.

20 BEST ANSWER: FALSE WHILE WARD CERTAINLY HAS A RIGHT TO HIS BELIEFS, HE DOES NOT HAVE AN ABSOLUTE FIRST AMENDMENT RIGHT TO EXPRESS THEM IN THE WORKPLACE.

21 CALTRANS POLICY & DEPUTY DIRECTIVES b EQUAL OPPORTUNITY b SEXUAL HARASSMENT b REASONABLE ACCOMMODATION b AMERICANS WITH DISABILITIES ACT (ADA)

22 EQUAL OPPORTUNITY POLICY (Zero Tolerance Policy) b What does Zero Tolerance mean? Must take immediate and appropriate action.Must take immediate and appropriate action. Conduct does not need to be severe and pervasive.Conduct does not need to be severe and pervasive. Caltrans has a higher standard than the law.Caltrans has a higher standard than the law.

23 Sexual Harassment Deputy Directive b Provide a workplace free of sexual harassment. b Provide training and encourage employees to identify, prevent and report inappropriate conduct. b Take effective, appropriate and timely corrective actions. b Refrain from conduct that can reasonably be interpreted as sexual harassment.

24 Sexual Harassment is Any conduct or communication of a sexual nature (verbal, written, visual or physical) which is: unwanted, creates a hostile, offensive or intimidating work environment, and/or intimidating work environment, and/or affects a persons ability to perform work.

25 Reasonable Accommodation Deputy Directive Reasonable Accommodation Deputy Directive Provide reasonable accommodations to assist qualified employees and applicants with a disability to participate in Departmental programs, services and/or to perform the essential functions of the employees job.

26 Americans w/Disabilities Act (ADA) Deputy Directive Ensures equal employment opportunities for employees and applicants, including those with a disability, by providing access opportunities to Departmental programs, services, and activities.

27 Manager/Supervisor Responsibilities As a supervisor and agent of the Department, your role is to assure that Caltrans provides equal access to all its programs, services and employment opportunities.

28 Employees Responsibilities b b Employees are responsible for behaving in ways that maintain a work environment which is free of discrimination and harassment. Employees are also responsible for reporting inappropriate behavior in a timely manner.

29 How to do you fulfill your role as a Supervisor? b Know the departmental policies, who is protected and what is protected. b Implement the policies. b Assure accessibility. b Provide an harassment free environment.

30 How do you fulfill your role as an employee? b Know the departmental policies, who is protected and what is protected. b b Self-awareness, in terms of understanding your own culture, identity, biases, prejudices, and stereotypes. b Be aware of accessibility needs. b Participate in providing an harassment free environment

31 Supervisory Liability Supervisory Liability Caltrans liability for discrimination and harassment begins: b When knowledge of the condition exists, and when you should have known about it, but failed to take action. b As agents of the Department, supervisors can personally incur liability in the same way.

32 How to Prevent Discrimination & Harassment in the Workplace

33 PRACTICE PREVENTION b Set standard; and lead by example. b Communicate policies clearly and consistently. b Address complaints or observations of discriminatory/harassing conduct immediately. b Document incidents of discriminatory & harassing conduct. b Effectively monitor the workplace after a complaint of discrimination/harassment is filed.

34 What if? (Situation #1) #1 You have a position opening up soon in your unit. You have worked with Joe in the past and you believe that he would be just perfect for the job. What action would you take in this situation?

35 OPTIONS A.Tell Joe that you have an opening in your unit and you would like him to have the position. B. Mention in meetings and other conversations that Joe would be a great choice for the position. C. Encourage Joe to apply for the position. D. Provide Joe with materials and background information to prepare for the interview.

36 BEST RESPONSE b ISSUE: Pre-selection C is the best response. It is acceptable for supervisors to request a certain individual to compete along with other interested candidates. Supervisor needs to be careful so that there are no promises or pre-selection.

37 What if? (Situation #2) Three gay men, Sam, Bill, and Don, are co-workers on large project. All three men were repeatedly exposed to graphic and offensive jokes about homosexuals. Sam and Bill objected to supervisors. Don, however, laughed along with the remarks.

38 True or False? This may be a preventable hostile environment if Don was offended, but felt compelled to "go along."

39 BEST ANSWER: True A hostile environment is based in part on unwelcome conduct. Although Don might have a difficult time producing evidence that the conduct was unwelcome, this element is subjective in nature. The real issue is: The supervisor and employees involved must be aware and follow the Caltrans Zero tolerance for discrimination and harassment in the workplace.

40 RESPONDINGTODISCRIMINATION

41 Supervisors and Employees DOS Supervisors: b Take the situation seriously b Communicate with employee b Act immediately to stop behavior b Maintain confidentiality b Remain neutral Employees: b Contact the EO Office for assistance b Report it to your supervisor b Document actions b Resolve at lowest possible level - whenever possible

42 Supervisors and Employees DONTS b Make judgments b Ignore or delay b Diminish or exaggerate b Make promises b Legally advise the complaining party b Take the complaint personally! b Retaliate!

43 DISCRIMINATION COMPLAINT PROCESS

44 INTERNAL COMPLAINT PROCESS (Informal) b Offers informal confidential counseling concerning potential discrimination and/or harassment. b Provides a means for resolving discrimination complaint issues quickly, informally and at the lowest possible level. b EO Staff works with employees, supervisors, and managers to assist in finding a fair and equitable solution to the employees issues/concerns.

45 INTERNAL COMPLAINT PROCESS (Informal) b Employee or applicant may utilize the informal process by contacting: –HQ Office of Equal Opportunity –District Office of Equal Opportunity –Calling the Discrimination Complaint Hotline # at at b Informal contact must be made within one year of the date of the discriminatory action.

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48 EXTERNAL COMPLAINT PROCESS Employees who believe they have been subjected to discrimination can go outside the Department to file a discrimination complaint. External Agencies: Department of Fair Employment and Housing (DFEH)Department of Fair Employment and Housing (DFEH) Equal Employment Opportunity Commission (EEOC)Equal Employment Opportunity Commission (EEOC) State Personnel BoardState Personnel Board

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50 SEXUAL HARASSMENT What is it? Any conduct or communication of a sexual nature (verbal, written, visual or physical) which is: UnwantedUnwanted Creates a hostile, offensive or intimidating work environment, and/orCreates a hostile, offensive or intimidating work environment, and/or Affects a persons ability to perform work.Affects a persons ability to perform work.

51 EXAMPLES OF UNWELCOME BEHAVIOR b Verbal - epithets, derogatory comments, slurs b Physical - assault, blocking movement or physical interference with work b Visual - derogatory posters, cartoons, drawings, gestures b Sexual - conditioning an employment benefit on a sexual favor

52 Two Categories of Sexual Harassment b QUID PRO QUO SEXUAL HARASSMENT: Simply means offering employment benefits in exchange for sexual favors. b HOSTILE ENVIRONMENT - SEXUAL HARASSMENT: Occurs when an employee is subjected to unwelcome, unsolicited sexual conduct. In this type of harassment, there is no threat of loss of job, raise, or promotion as in quid pro quo harassment.

53 #1. TRUE OR FALSE? Gary complains to Martha, his friend and supervisor, about sexually suggestive comments made him by Kate, but demands that the information be kept strictly "confidential." information be kept strictly "confidential."

54 True or False? Martha should not violate the confidence Gary placed in her because Gary has chosen not to pursue a claim.

55 BEST ANSWER: False Although this is a common reason for inaction by mangers, receiving information about sexual harassment "in confidence" does not form the basis for a defense of privilege in a sexual harassment case. Martha owes duties to her employer, herself, and to other employees in the workplace (including Kate), as well as to Gary. to other employees in the workplace (including Kate), as well as to Gary.

56 #2. TRUE OR FALSE? One night after work Jennifer, an employee with the State, goes to a local pub with a few of her friends from work. While there she runs into Ray, her supervisor. Ray jokes to Jennifers friends that he cant stop thinking about her. Later that evening, Ray asks Jennifer to join him for dinner.

57 TRUE OR FALSE? This is not sexual harassment because it occurred outside the workplace.

58 BEST ANSWER: FALSE Supervisors should consider themselves on duty 24-hours a day when it comes to potential sexual harassment. Although this incident occurred off premises (and we do not know if Jennifer was offended), Rays conduct may become a factor at work the next day. That fact that it occurred outside the workplace may be irrelevant.

59 Manager/Supervisor Responsibilities with regard to Sexual Harassment b Provide a harassment-free workplace. b Be proactive. Know and understand the Departments policies.Know and understand the Departments policies. Implement the policies, and assure equal access.Implement the policies, and assure equal access. b Take immediate and appropriate action.

60 Employee Responsibilities with regard to Sexual Harassment b Participate in a harassment-free workplace. b Know and understand the Departments policies. b Regularly review personal behavior for potentially harassing elements. b Become familiar with employee rights under policy guidelines and laws. b Confront and report incidents of sexual harassment.

61 Effects of Sexual Harassment (Individual) b Anger b Reduction in performance b Avoidance b Increased absentee rate b Self-blame

62 Effects of Sexual Harassment (Unit) b Loss of unit cohesion b Low morale b Undermines ability of unit to complete job b Detracts from mission accomplishment

63 Supervisors Roles SUMMARY b Supervisors primary role is to support the Departments policy/directives of zero tolerance of discrimination and harassment. b Practice prevention. Immediately and effectively address complaints of discriminatory and harassing conduct in the work place.

64 Employees Role Summary b Employees primary role is to comply with the Departments policy/directives of zero tolerance of discrimination and harassment. b Participate in any training provided by the Department b Model appropriate behavior

65 EO Resources Available to You b Dean Lan, Chief, Office of Equal Opportunity b Terry Baker, EEO Program Manager b Michelle Adams, ADA Statewide Coordinator b Veronica Vargas, Statewide RA Coordinator

66 THANK YOU!


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