ITRC Leadership Responsibility and Team Development Workshop Legal Issues and Code of Professional Conduct Susan E. Dorn Dorn & Klamp, PC

Employment Discrimination Legal Framework Title VII of Civil Rights Act of 1964 Americans with Disabilities Act of 1990 Age Discrimination in Employment Act of 1967 State laws, including District of Columbia Human Rights Law

Employment Discrimination Prohibited behavior Illegal to discriminate on basis of: race sex religion color national origin age disability

Employment Discrimination Who is liable? Employers may be liable for acts of co-workers, subordinates, and volunteers ITRC may be liable for acts by volunteers

Employment Discrimination But we are not in an office . . . Illegal discrimination may occur on or off regular work premises, including: business trips meetings and conventions work-related parties

Employment Discrimination Prohibited behavior Discrimination laws apply to: hiring, firing, and promoting making job assignments training wages other “terms and conditions” of employment ADA requires reasonable accommodations for performing essential job functions

Employment Discrimination What is discrimination? Disparate treatment Harassment Harassment includes harassment based upon race, disability, national origin, color, age, or religion, as well as sexual harassment

Employment Discrimination EEOC uses “reasonable person” standard for “hostile” Title VII is not “a vehicle for vindicating the petty slights suffered by the hypersensitive” Effect, not intent, is what matters Isolated incidents are generally insufficient for hostile work environment

Employment Discrimination Sexual harassment - EEOC definition (1) Submission to conduct is made (explicitly or implicitly) a term or condition of employment (2) Submission to or rejection of conduct is used as basis for employment decisions (3) Conduct has purpose or effect of unreasonably interfering with individual’s work performance or creating an intimidating, hostile, or offensive work environment

Employment Discrimination Types of sexual harassment Quid pro quo Hostile working environment

Employment Discrimination Sexual harassment - unwelcome behavior Unwelcome behavior a case-by-case determination: what may seem to be friendly gesture may be unwelcome Those who feel victimized should let harasser know that behavior is unwelcome, but such notice is not prerequisite to legal action

Employment Discrimination Office Romances Humor At Work

Employment Discrimination Employee and employer responsibilities Think before you speak Treat colleagues respectfully and avoid discriminatory conduct Report complaints in accordance with ITRC procedure and/or ask offender to stop Cooperate with investigation of complaints Do not retaliate

ITRC Code of Professional Conduct The Code of Professional Conduct is a general guideline intended to reflect ITRC values Care and professionalism is expected at all times Code applies to all volunteers, including Board members and team members staff, vendors and consultants

ITRC Code of Professional Conduct Colleagues should be treated with respect, despite any disagreements in professional or person opinions. A professional and respectful level of discourse is expected in both oral and written communications. Derogatory, insulting, or disrespectful comments are not tolerated in any form of communication.

ITRC Code of Professional Conduct All persons should be treated with respect and courtesy and without harassment. ITRC will not tolerate any discriminatory behavior, including harassment, based on race, gender, national origin, religion, age, disability, or other category protected by law.

ITRC Code of Professional Conduct Personal privacy must be respected Alcohol must be used responsibly during ITRC functions. Possession or use of any illegal substance is prohibited.

ITRC Code of Professional Conduct No insider information may be used for personal advantage. Contact with outside legal and/or federal, state or local enforcement agencies should be directed to appropriate personnel.

ITRC Code of Professional Conduct Complaint Procedure Immediately report any concern you have that ITRC may have failed to meet its commitment to offer a professional environment or that you are a victim of discrimination Report concerns and complaints to ITRC’s Program Director, or one of the two ITRC Co-Chairs ITRC will endeavor to maintain your confidentiality and privacy

ITRC Code of Professional Conduct Complaint Procedure ITRC prohibits any form of retaliation for filing a bona fide complaint. ITRC prohibits retaliation for assisting in a complaint investigation. Anyone engaging in any improper behavior under ITRC’s Code of Professional Conduct is subject to disciplinary action.