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 validate EEO rights protect respect laws diversit y

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??