Presentation on theme: "EEO & DIVERSITY TRAINING"— Presentation transcript:
1EEO & DIVERSITY TRAINING Dept of Health & Human ServicesIndian Health ServiceOffice of Diversity Management& Equal Employment Opportunity
2Introduction This training will consist of five modules: EEO Complaint ProcessNoFEAR ActPrevention of HarassmentReasonable AccommodationDiversity Awareness
3Objectives of this Training Gain a better understanding of the EEO administrative complaint process.Provide information on the NoFEAR Act.Prevent harassment in the workplace.Increase knowledge of disability law and “reasonable” accommodation.Foster awareness and worth of a diverse workplace.
5What is Equal Employment Opportunity? The right of all employees and applicants to be employed and promoted solely on the basis of their merit, ability, & potential.
6EEO ComplaintIn EEO complaints, the person (employee or applicant) alleging discrimination is claiming that they are aggrieved/harmed because management took an action against them for no other reason than that person’s:
7Discrimination Bases Gender Race Age (40+years) Color Disability Retaliation for EEO activityRaceColorNational OriginReligionSexual Orientation
8EEO Office Contact Civil Service Employees If you believe you are aggrieved/harmed and have been discriminated against, you must contact the EEO Office within 45 days from the date of the alleged discriminatory incident, or within 45 days from the effective date of the personnel action, or within 45 days from the date that you became aware of the alleged discriminatory event, in order to maintain all your rights under the EEO process.
9EEO Office Contact Commissioned Officers If you believe you have been discriminated against, you should contact the EEO Office within 15 days from the date of the alleged discriminatory incident, or within 15 days from the effective date of the personnel action, or within 15 days from the date that you became aware of the alleged discriminatory event, in order to maintain all your rights under the EEO process.
10EEO Office Contact your local EEO Office: An EEO Counselor will be assigned to you.
11EEO Counselor’s RoleNeutral (The EEO Counselor is not an advocate for management. The EEO Counselor is not an advocate for the employee.)Fact Finder (The EEO Counselor conducts an inquiry to find out the facts of the complaint.)Resolution Facilitator (The EEO Counselor tries to resolve the complaint by speaking with the employee and the supervisor.)
12EEO Complaint Process There are two complaint stages: Informal Stage (30 – 90 days)The resolution decision makers at this stage are the employee and the supervisor.Formal StageCan be a lengthy process before a decision is rendered by a decision maker, i.e., EEOC Judge, US District Court Judge, Surgeon General.
14Civil Service If the decision maker renders a finding of discrimination against the Agency, then these are theremedies available for Civil Service employees andapplicants:RemediesMake whole relief. (Meaning the person is restored to where they would have been absent the discrimination.)Attorney’s fees (none for age or equal pay claims).Compensatory damages (none for age or equal pay claims).Compensatory damages (none for disability claims if the Agency demonstrates a good faith effort to accommodate).Remedies Not AvailablePunitive damages.(The government is funded by the taxpaying public. Punitive damages are not available because it would be punishing the taxpayer.)
15Commissioned Corps Commissioned Officers are considered active military personnel and therefore are only entitledto “make whole relief” if the decision maker findsthe Agency guilty of discrimination.RemedyMake whole relief. (Meaning the person is restored to where they would have been absent the discrimination.)Remedies Not AvailableAttorney’s fees.Compensatory damages.Punitive damages.District Court access.
16Alternative Dispute Resolution (ADR) Mediation is the most common form of ADR and isavailable throughout the EEO complaint process. Thedecision makers are the employee and supervisorwho are trying to resolve the complaint throughmediation. Those present at a mediation are the:MediatorEmployee/RepresentativeSupervisor/Representative
17Mediation FrameworkThe Mediator is not a decision maker but a neutral party who sets the ground rules and facilitates communication and exploration of possible complaint resolutions by the employee and supervisor.
18Mediation Outcomes The three (3) possible mediation outcomes. Settlement agreement.Withdrawal of complaint.The employee and supervisor agree not to agree. (The complaint goes forward in the EEO complaint process.)
19You can find the Civil Service and Commissioned Corps Complaint Process On-Line Briefing at:
21The NoFEAR ActNoFEAR stands for Notification and Federal Employee Antidiscrimination and Retaliation Act.The NoFEAR Act was congressionally enacted on May 15, 2002.Intent of The NoFEAR Act is to inform employees of their rights and protections under antidiscrmination and whistleblower laws.
22Mandatory NoFEAR Act Training New employees must complete the NoFEAR Act Training within 90 days of their employment; thereafter,Current employees must complete the NoFEAR Act Training every other year of their employment.
23NoFEAR Act Training To take the mandatory NoFEAR Act Training: Log on to HHS University.Click on NoFEAR Act and take the training.Complete the Certificate.Print the Certificate, provide 1 copy to your supervisor and 1 copy to your local EEO Office.
24Prevention of Harassment MODULE IIIPrevention ofHarassment
25HarassmentThe Supreme Court ruled that not only is it illegal to harass someone because of their sex (Sexual Harassment), but it is also illegal to harass any employee because of their race, color, national origin, religion, age (over 40), disability, or in retaliation for participation in EEO activity.
26Employee Responsibility Tell the person their conduct is unwelcome and ask them to stop.If the conduct continues, report it immediately to your management chain of command.Don’t be a source of harassment.
27What constitutes a Hostile Work Environment? Harassment that is so severe and pervasive that it changes the employee’s working conditions and creates a hostile work environment.
28What constitutes Severe behavior? Severe behavior can be a single incident or series of incidents which are so horrible that any “reasonable person” would find them hostile or abusive.Ex: Slapping employees on the rear, grabbing an employee on his thigh while riding down the highway in a government car, describing sexual acts to employees, and/or using vulgar language.
29What constitutes Pervasive behavior? Pervasive behavior consists of a series of incidents usually extending over a period of months. Ex: In sexual harassment for instance, behavior might consist of persistent and clearly unwanted requests for dates. In this case the behavior is designed to lead to a sexual relationship and the cumulative effect of the unwanted behavior can create an intimidating, hostile environment for the target.
30Is it Misconduct or a Hostile Work Environment? While some types of misconduct or behavior problems are not illegal, it may clearly be inappropriate or unacceptable conduct in the workplace. Therefore, you should bring it to management’s attention so that it can be corrected. Such behavior can destroy the morale of the victim and other people in the workplace.
31Prevent HarassmentConduct yourself in a professional, respectful, and courteous manner.All discriminatory harassment is illegal.It is every employee’s responsibility to prevent harassment in the workplace.
32IHS CIRCULAR 95-11 The Indian Health Service’s policy on IHS CIRCULAR 95-11The Indian HealthService’s policy onSexual Harassment.
34What is Reasonable Accommodation (RA)? Any change in the working environment or job application process that would enable a “qualified individual with a disability” to partake in equal employment opportunities. The benchmark of whether an accommodation is reasonable is whether it is effective.
35What is a QUALIFIED Individual with a Disability? Individual satisfies the requisite skill, experience, education, and other job-related requirements of the position;ANDIndividual can perform, with or without reasonable accommodation, the essential functions of the position without endangerment to self or others.
36What is a Qualified Individual with a DISABILITY? Individual who has a physical or mental impairment that substantially limits one or more major life activity,ORIndividual who has a record of such an impairment,Individual who is regarded as having an impairment.
37What is the three part definition of DISABILITY? Individual who has a:Physical or mental impairment,That is substantially limiting,In some major life activity.
38What is a Physical or Mental Impairment? Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems, ORAny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
39What is Substantially Limiting? Individual is unable to perform, or significantly restricted in the performance of, a major life activity compared to the average person in the general population.
40What is a Major Life Activity? Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
41Reasonable Accommodation Request Employee request can be either verbal or written.
42Responding to a Reasonable Accommodation Request (Interactive Process) Supervisor and employee discuss the requested accommodation and any possible alternative accommodations.Supervisor asks employee to provide medical information from their physician, if needed.
43Medical Information Description of the disability and/or impairment. Functional limitations.Whether employee can perform the essential functions of their position.Accommodation employee needs to perform the essential functions of their position.
44Reasonable Accommodation The accommodation providedcan be the:Requested accommodation,Alternative accommodation,Or, Reassignment (the accommodation of last resort).
45Denial Supervisor only denies the request if: No effective accommodation exists.Medical documentation inadequate.Or, Effective accommodation would impose ”undue hardship” on the Agency (not just the supervisor’s operation or work unit).
46What is Undue Hardship?Undue hardship means the accommodation would impose significant financial expense in relation to the Agency’s (IHS’) resources, or be unduly difficult because it would fundamentally alter the nature or operation of the Agency (IHS). (“Undue hardship” is very rarely applicable.)
47IHS CIRCULAR 2004-06 The Indian Health Service’s policy on Reasonable IHS CIRCULARThe Indian HealthService’s policy onReasonableAccommodation.
49What is Diversity?Diversity is the mosaic of people who bring a variety of backgrounds, styles, perspectives, values and beliefs as assets to the groups and organizations with which they interact.
50Primary and Secondary Dimensions of Diversity GeographicLocationMilitary ExperienceEducationWork ExperienceGenderAgeWorkStyleSexualOrientationDisabilityIncomeFamily StatusEthnic HeritageRaceReligionFirst LanguageCommunication StyleOrganizational Role and Level
51Benefits of a Diverse Workplace Improves understanding of those you work for, with, and around.Creates a work environment that allows everyone to reach their full potential.Provides multiple perspectives on problem solving.Boosts employee morale.Increases employee productivity.Increases retention rates.Improves customer relations.Reduces complaints and grievances.
52Examples of Diversity Dimensions Extroverted vs. introvertedIndividual vs. team workVisual vs. oral communicationPhysical vs. non-physicalEmotive vs. reservedAssertive vs. acquiescentGregarious vs. solitaryWork vs. home-life priorityLong term vs. short term planning
53Cultural and Generational Competence Cultural and Generational Competence is the ability to respond appropriately and effectively to different cultural and generational perspectives in the workplace.
54How can you be Cultural and Generational Competent? Honor others’ opinions.Acknowledge cultural and generational differences and historical injustices without becoming defensive.Be open to learning about other cultures and ideas.Give others the benefit of the doubt in a dispute.Try to understand the other person’s point of view.Don’t stereotype.Don’t judge others by your own cultural and generational standards.Don’t assume another culture’s way to be inferior.Don’t talk down to anyone.
55Something to Consider: There Is a Minority Group That Anyone May Join at Anytime– People with DisabilitiesThe National Organization on Disability reports that there are more than 54 million Americans who have a disability.This group includes those born with disabilities and those whose abilities diminish during their lifetime through disease, accident or aging.The goal of the Americans with Disability Act (ADA) of 1990 is to integrate people with disabilities into all aspects of life, particularly the workplace and marketplace.
60Suggestions for Including People with Disabilities Offer assistance only if the person appears to need it. And if help is needed, ask how you can help before you act.Respond graciously to requests for help or accommodation.Don’t make assumptions about what people can or cannot do. Don’t make decisions for them about participating in any activity.
61How Can Managers Promote Diversity? Lead employees by example.Create a welcoming environment in which to conduct business.Include diversity in strategic plans and in accomplishment reports.Learn more about resolving conflict between diverse employees.Practice effective and inclusive styles of communicating.Communicate executive commitment to diversity on an ongoing and regular basis.Walk the talk.
62How Can Employees Promote Diversity? Employees are responsible for promoting good will in the workplace by working cooperatively towards a common goal.Recognize and respect others and their individuality.Think before you speak and be sensitive to others.Talk about your differences and ask tactful questions about how people want to be treated.Eliminate stereotypes and generalizations.Treat others the way you would want to be treated.
63Last Words To PonderWhen we feel a sense of belonging it is not because we are the same as everyone else, but because we have been accepted as we are.
64References IHS Circular 95-11, issued 05/25/1995. Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the American with Disabilities Act, EEOC, issued 10/17/2002.EEOC Management Directive 110, issued 11/09/1999.29 CFR 1614, Federal Sector Equal Employment Opportunity, issued 11/09/1999.CC26.1, Instruction 6 of the Commissioned Corps Personnel Manual, issued 12/21/2001.Special thanks and recognition to the FDA Office of Diversity Management & EEO for diversity training information.
65Certificate of Completion CONGRATULATIONS! You have completed your EEO & Diversity Training.Print the next page, legibly write in your name and the date, and provide one copy of your Certificate of Completion to your supervisor and one copy to the EEO Office.If you have any questions, contact your local EEO Office:
66EEO & Diversity Training Certificate of Completion Office of Diversity Management and Equal Employment OpportunityThis certifies that___________________________has completed the onlinetraining modules forEEO & Diversity Training______DATE