The University of Texas at Austin General Compliance Training Program Equal Employment Opportunity

Equal Employment Opportunity Training Requirement  All new employees must be trained during the first 30 days of employment at U.T.  All employees must receive training every two years. EEO is the establishment and maintenance of a nondiscriminatory work environment.

What does it mean to Discriminate? To make a difference in treatment or favor on a basis other than individual merit. Webster’s Collegiate Dictionary

Equal Employment Federal and State Seven “Protected” Classes  Gender (Sex)  Race  National Origin  Color  Religion  Age  Disability

Equal Employment University Policy Other “Protected” Classes  Sexual Orientation  Sexual Preference

Texas Commission on Human Rights Act  Passed into law in  Created the Texas Commission on Human Rights.  Parallel to legal protection provided through the federal laws.  Enforced by the Texas Workforce Commission, Civil Rights Division

U.T. Complies with EEO  All persons have the right to be treated fairly and without bias.  U.T. complies with federal and state laws.  Relevant University Policies Revised Handbook of Operating Procedures  Part 4.B.1  Part 4.B.2 Regents’ Rules and Regulations  Part I, Chapter 1, Section 10.

Civil Rights Laws  Federal Government has enacted four laws addressing employment discrimination. Equal Pay Act, 1963 Title VII of the Civil Rights Act, 1964 Age Discrimination in Employment Act, 1967 Americans with Disabilities Act, 1990

Civil Rights Laws Pertaining to Employment Discrimination Equal Pay Act of 1963 Gender compensation differences “can’t explain the difference”

Civil Rights Laws Pertaining to Employment Discrimination Title VII, Civil Rights Act of 1964 Race Color National Origin Religion Gender (Sex)  Pregnancy

Civil Rights Laws Pertaining to Employment Discrimination Age Discrimination in Employment Act of 1967 Age 40 and above

Civil Rights Laws Pertaining to Employment Discrimination Americans with Disabilities Act (ADA), 1990 Persons with disabilities

Americans with Disabilities Act U.T. has made changes. Physical modifications to: Work areas, Buildings, Walkways, Ramps, Curb cuts, and Widened doorways and bathroom stalls.

Americans with Disabilities Act  Both applicants and employees are covered.  Both new employees and current employees who become disabled are covered.  In the employment process For an ADA accommodation, the impairment must qualify as a disability.

Americans with Disabilities Act A qualified individual with a disability is a person who:  Has a physical or mental impairment that substantially limits one or more major life activities; or  Has a record of such an impairment, or  Is regarded as having such an impairment.

ADA Workplace Accommodation  Employer must make reasonable workplace accommodations such as: Acquiring or modifying equipment, Physically altering the work site, Modifying work schedules, or Providing readers or interpreters.  Can not create a hardship.

Texas Commission on Human Rights Act Prohibits employment discrimination and covers all personnel decisions.

Texas Commission on Human Rights Act  TCHR Act amended to reflect changes in federal statutes and court cases.  Complainant has 180 days to file.  External remedies must be exhausted before a lawsuit may be filed.  If law is violated, complainant may receive Job, lost wages and/or damages.  TCHR Act prohibits retaliation.

Legal Theories of Discrimination  Disparate Treatment (difference in treatment)  Disparate Impact (difference in impact)

Disparate Treatment Theory: Complainant is treated differently from other similarly-situated employees who are not in the same protected group. First Legal Theory for Determining Employment Discrimination Difference in Treatment  McDonnell Douglas Corp. v. Green 411 U.S. 792 (1973)  McDonald v. Santa Fe Trail Transportation Company 427 U.S. 273 (1973 )

Difference in Treatment McDonnell Douglas Corp. v. Green  Percy Green was African-American.  Mr. Green was laid off in a workforce reduction.  He illegally protested against the company.  Later the company advertised for mechanics.  Mr. Green applied for re-employment but was rejected.  The refusal to hire was based on his participation in the illegal protest.

Difference in Treatment McDonald v. Santa Fe Trail Transportation Company  Three employees who do the same job: One was African-American, two were White.  All three stole sixty gallons of antifreeze.  Different disciplinary actions were taken for the same circumstance.  The company’s decision to more severely discipline the White employees constitutes employment discrimination.

Second Legal Theory for Determining Employment Discrimination Disparate Impact Theory:  Qualification appears to apply to everyone equally.  Has a significantly greater impact on members of the complainant’s protected class.  Must be business necessity reason or legitimate business objective. Difference in Impact  Griggs v. Duke Power Co. 401 U.S. 424 (1971)

Disparate Impact Griggs v. Duke Power Co.  Mr. Griggs was African-American.  Duke Power was a segregated employer prior to  Duke Power created two new employment policies.  Each time Mr. Griggs applied, he was denied transfer based on these new policies.  Mr. Griggs was able to demonstrate no legitimate business basis for the new policies.

Employment Discrimination Who to Contact  Internal Administrative Review Equal Opportunity Services,  External Administrative Agencies Texas Workforce Commission, Civil Rights Division (180 days to file complaint) Equal Employment Opportunity Commission (300 days to file complaint)

Compliance Exercise #1  A female accountant is hired.  Her salary is less than equally qualified male accountant.  Supervisor cannot provide a reason for this difference.

Compliance Exercise #1  A female accountant is hired.  Her salary is less than equally qualified male accountant.  Supervisor cannot provide a reason for this difference. Salary differences cannot be based upon gender. This illustrates possible sex discrimination under Title VII of the Civil Rights Act, or the Equal Pay Act.

Compliance Exercise #2  Employees are telling racial jokes.  A minority employee complains.

Compliance Exercise #2  Employees are telling racial jokes.  A minority employee complains. The supervisor should speak up. This example may be racial discrimination under Title VII of the Civil Rights Act.

Compliance Exercise #3  Employee complains that co-workers are speaking in Spanish.

Compliance Exercise #3  Employee complains that co-workers are speaking in Spanish. The supervisor should explain that employees may speak any language while on the job. This may be national origin discrimination under Title VII of the Civil Rights Act.

Compliance Exercise #4  An applicant is vision impaired.  The applicant needs a magnifier to enhance the computer monitor.

Compliance Exercise #4  An applicant is vision impaired.  The applicant needs a magnifier to enhance the computer monitor. The University must provide reasonable accommodations to qualified applicants. This example may be discrimination under the Americans with Disabilities Act.

Compliance Exercise #5  Supervisor needs employees to work over the weekend.  One employee wants to attend religious services.

Compliance Exercise #5  Supervisor needs employees to work over the weekend.  One employee wants to attend religious services. The employer must make an attempt to accommodate the worker’s request. This illustrates possible religious discrimination under Title VII of the Civil Rights Act.

Compliance Exercise #6  Unit is funded by a grant which has been cut.  Grant funding will cease in six months.  Employees positions are going to be terminated.  An employee thinks he is being released because of his age.

Compliance Exercise #6  Unit is funded by a grant which has been cut.  Grant funding will cease in six months.  Employees positions are going to be terminated.  An employee thinks he is being released because of his age. If the same criteria are applied to those under as well as over forty, age would not be a factor. This example addresses the Age Discrimination in Employment Act.

Review Your Knowledge The University of Texas at Austin General Compliance Training Program