Missouri National Guard Equal Employment Opportunity Program Mrs. Paula Prosser State EO/EEO Manager Mr. Michael Marsden State EO/EEO Specialist

EO/EEO Training for Supervisors

MONG Equal Employment Opportunity “It is my policy to maintain a positive work environment, free from discrimination and bias. Leaders are responsible for ensuring all federal National Guard Employees (NGEs), Title 5 and Title 32, receive fair and equitable treatment on the basis of their capability and merit without regard to race, color, religion, sex-gender (including pregnancy, gender identity, and sexual orientation), national origin, age (40 and older), disability, genetic information, or sexual harassment. I support a strong Equal Employment Opportunity (EEO) Program in the areas of recruitment, hiring, promotions, transfers, reassignments, training benefits, separations, and all policies affecting the treatment of our technician workforce.” STEPHEN L. DANNER The Adjutant General

MO National Guard TAG Policies MONG Policy 14-23 Equal Employment Opportunity and Affirmative Employment Program MONG Policy 14-24 Workplace Environment MONG Policy 14-26 Diversity MONG Policy 14-27 Equal Opportunity MONG Policy 14-39 MONG Sexual Harassment

Equal Employment Opportunity The Civil Rights Act of 1866 The Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 The Age Discrimination in Employment Act of 1967 Title I of the Americans with Disabilities Act of 1990 The Civil Rights Act of 1991 Executive Order 11246

AFFIRMATIVE EMPLOYMENT Provides equal opportunity in employment for all technician personnel or applicants for employment with the National Guard Prohibits discrimination in all aspects of its personnel policies, programs, practices, and operations and of all its working conditions and relationships with employees and applicants for employment. Employment decisions must be made using EEO provisions under the law. “All supervisors will actively engage in the implementation and success of affirmative employment initiatives and to identify and develop the potential of each individual. I expect the full support of every leader to maintain a climate of fair and equitable treatment. The increasing diversity in our organization indicates that a multicultural workforce is a valuable asset and vital to mission readiness. We will take advantage of our combined strength to ensure the Missouri National Guard is the premier organization.” STEPHEN L. DANNER The Adjutant General

DISCRIMINATION Any act that results in unequal treatment of persons based on race, color, religion, sex-gender (including pregnancy, gender identity, and sexual orientation), national origin, age (40 and older), disability, genetic information, or sexual harassment . The act of showing favoritism on a basis other than individual merit.

Can you name some examples of sexual harassment? 1. Influencing, offering to influence, or threatening the career, pay or job of another person in exchange for sexual favors 2. Deliberate or repeated offensive comments, gestures, or physical contact of a sexual nature in a work or duty related environment 3. Conduct which interferes with an individual’s performance or creates an intimidating, hostile or offensive environment. Can you name some examples of sexual harassment?

TYPES OF SEXUAL HARASSMENT 1) Quid Pro Quo - related to terms or conditions of employment and/or an employment decision; “this for that” 2) Hostile Work Environment - relates to a disruptive and/or offensive work environment

SEXUAL HARASSMENT VICTIMS Originally - Almost Exclusively Women Later - Men Most recently - Same sex

TO PREVENT SEXUAL HARASSMENT Examine your own personal behavior Show respect for individuals regardless of your or their work position Provide an environment free of intimidating hostility, or psychological stress Control social interactions so that they do not interfere with productivity Take corrective action(s) whenever sexual behavior is displayed.

Inappropriate Disrespectful SEXUAL HARASSMENT IS... Inappropriate Disrespectful Illegal NGB Supervisory Development Training EEO VG 9-B

Reprisal Taking or threatening to take an unfavorable personnel action or withholding or threatening to withhold a favorable personnel action against a military member for making or preparing a protected communication.

EEO PROGRAM RESPONSIBILITIES The State Equal Employment Manager (SEEM) - manages and directs the program through EEO Counselors - who are trained to serve as a bridge between management and employees for EEO matters whose primary objective is to attempt an informal resolution of all complaints brought before them who must be perceived by both parties as neutral NGB Supervisory Development Training EEO VG 12

EEO COMPLAINT PROCESS 1. Technician complainant has 45 days to contact the SEEM. An EEO Counselor will then be assigned. 2. EEO Counselor then has 30 days to conduct an informal inquiry; attempt an informal resolution (60 extra days if ADR process is attempted) 3. If resolution is not reached, complainant may file a formal complaint. 4. In that case, TAG requests a formal investigation.

EEO COMPLAINT PROCESS (Cont’d) 5. Investigator conducts formal investigation, and prepares/presents formal ROI (Report of Investigation) to SEEM. 6. The SEEM or TAG designee meets/holds a discussion with the complainant. 7. TAG provides Final Agency Decision (FAD) for MONG Technician complaints. 8. If Complainant is dissatisfied TAG decision, the complainant must request a hearing directly from the EEOC district office (St. Louis) within 30 calendar days after receipt of the FAD. Reference MONGI 9600, Missouri National Guard Civilian Discrimination Complaint Process

EO Complaint Process (Military) Basis: Race, Color, Religion, Gender-Sex (includes pregnancy, gender identity, and sexual orientation), National Origin, Genetic Information, Sexual Harassment, and Retaliation (based upon prior EO Activity). Complaint: (NGB Form 333, dtd 28 Nov 17) must be filed within 180 days from alleged discrimination. Complainant must file Informal Complaint with EO Professional. SEEM is immediately provided copy of complaint and requests case number from NGB. EO Professional advises appropriate commander. Chain of command is still involved in the process and has opportunity to resolve at the lowest level possible. MONG only gets ONE opportunity to resolve a military complaint.

CNGBM 9601.01, National Guard Discrimination Complaint Process Informal Complaint NGB case number is assigned Commander has 60 calendar days to resolve complaint to the satisfaction of the complaint. Next Commander in chain has final approval of resolution attempt. If MONG is unsuccessful in resolution, complainant can file a formal complaint; packet will then be sent to NGB Formal Complaint National Guard Bureau (NGB) will either assign an investigator, or will direct MONG to investigate. Investigator will report to NGB only…MONG will have no participation in this process. NGB will attempt to resolve complaint at the formal level based upon results of investigation. NGB provides Final Agency Decision (FAD) for all MONG EO Complaints. Reference: MONGI 9601.01, Missouri National Guard Equal Opportunity Discrimination Complaint Process and CNGBM 9601.01, National Guard Discrimination Complaint Process

EO PROGRAM RESPONSIBILITIES The State Equal Employment Manager (SEEM) provides guidance and monitors the program through: EO Professionals (ANG) EO Advisors (ARNG) They are trained to process EO complaints and advise Commanders and unit members on EO issues Should be perceived by both parties as neutral

EEO/EO RESPONSIBILITIES SUPERVISOR / MANAGER EEO/EO RESPONSIBILITIES Understand the goals of the EEO Program, and actively participate in accomplishing these goals Create a work environment free of discrimination Develop a positive, problem-solving approach to handling discrimination

THE MEDIATION PROCESS Non-controversial in nature Provided through the skills of a trained mediator (not from within the direct chain of command) Allow parties involved to arrive at what each of them agree is the best resolution Permits the Complainant to still pursue a formal complaint if not satisfied with the process

Resolve conflicts at the lowest level Explore options to improve relationships Sensitize yourself & your subordinates Promote positive human relations Eliminate unacceptable behavior Consider organization & employee needs Teach non-discrimination & EO skills by example

Who is responsible for sharing, enforcing, and supporting the QUESTION Who is responsible for sharing, enforcing, and supporting the EO message?

Everyone is responsible for practicing Equal Opportunity Correct! Everyone is responsible for practicing Equal Opportunity

Equal Opportunity is Everybody’s Business

SUMMARY EEO/EO PROGRAMS LAW, DIRECTIVES AND POLICIES SEXUAL HARASSMENT REPRISAL COMPLAINT PROCESSING ROLES & RESPONSIBILITIES EAP/MILITARY ONE SOURCE

QUESTIONS?

Our Goal MISSION READINESS