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

2. 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

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

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

11. 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

12. Employment Discrimination
Office Romances
Humor At Work

13. 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

14. 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

15. 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.

16. 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.

17. 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.

18. 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.

19. 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

20. 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.