1. Equal Employment Opportunity:
What You Should Know
Ivan Garcia, Enforcement Supervisor
Tom Roe, Senior Federal Investigator
EEOC Atlanta District Office
June 13, 2019

2. Equal Employment Opportunity is the law!
The EEOC enforces federal EEO laws.
Receive and resolve complaints of employment discrimination through:
Mediation
Conciliation
Investigation
Litigation
EEOC’s Mission
To prevent and remedy unlawful employment discrimination and advance equal opportunity for all in the workplace.

3. Protected Bases genetic info. color disability race sex religion
It is unlawful to discriminate in employment because of:
race
color
disability
genetic info.
sex
national origin
religion
EEOC enforces laws that protect against employment discrimination based on these 9categories
Equal Pay Act | 1963
Title VII of the Civil Rights Act | 1964
Age Discrimination in Employment Act | 1967
Americans with Disabilities Act | 1990, amended 2009
Genetic Information Nondiscrimination Act | 2008
All statues prohibit RETALIATION (due to complaining about discrimination, filing a charge of discrimination or participating in an EEO investigation or lawsuit.)
age (40+)
retaliation

4. Sex-Based Wage Discrimination Title VII of the Civil Rights Act
Prohibited Bases
Federal EEO Laws
Race
Color
Sex (includes pregnancy, sexual harassment, sex-stereotyping, sexual orientation, gender identity)
Religion
National Origin
Sex-Based Wage Discrimination
Title VII of the Civil Rights Act
Apply to employers with 15 or more employees.
Equal Pay Act
Lilly Ledbetter Fair Pay Act
Age
(age 40 and older)
Age Discrimination in Employment Act
Apply to employers with 20 or more employees.
Disability (physical or mental)
Americans with Disabilities Act (ADA)
Genetic Information
Genetic Information Non-Discrimination Act
Retaliation
Apply to all of the above. Employer must have 15 or more employees.

5. Protected Individuals
Covered Employers
Protected Individuals
-- Private Employers
-- Government Agencies
-- Labor Organizations
-- Employment Agencies/
Staffing Companies
-- Joint Labor-Management Committees controlling apprenticeship and training
-- Employees
-- Job applicants
-- Temporary workers
-- Seasonal workers
-- Part-time workers
-- Former employees
-- Undocumented workers
-- Teenagers
-- Paid Interns

6. Areas of Employment Covered by the Laws
Include:
Hiring
Firing
Recruitment
Job Advertisements
Compensation- salary, overtime pay, bonuses, vacation & holiday pay, gas allowances, travel reimbursement, stock options, retirement contributions, insurance
Assignments
Promotions
Training
Benefits
Layoffs/Recalls
Discipline
Terms & Conditions

7. Proving Discrimination
Individual is a member of a protected group
(race, color, sex, national origin, religion, age, disability, genetic information, or retaliation)
Adverse employment action. Harm occurred.
Direct evidence (i.e., blatant racial statements, sex-based comments, or ageist remarks, etc.)
Inference of discrimination – similarly situated person(s) or comparator may suffice

8. Remedies Examples include: Monetary relief (compensatory/punitive)
Reinstatement
Promotion
EEO training for the employer
Change in employer policies/practices
Attorney fees

9. EEOC Cases
Aaron’s to Pay $425k to Settle EEOC Race Harassment Suit (managers at a New York warehouse mistreated black employees by frequently using derogatory slurs and referring to them as “monkeys”)
Scribe-X Northwest to Pay $80k to Settle EEOC Pregnancy Discrimination Lawsuit (job offer for a young lady was rescinded when she notified Scribe-X that she was expecting)
Lakeshore Sport and Fitness to Pay $45k to Settle EEOC Harassment and Retaliation Lawsuit (employee filed a discrimination charge alleging she had been harassed by another employee, and that her complaints were ignored. The club fired her for making the complaints)
Kansas School District to Pay $11,250 to Settle Equal Pay Act Lawsuit (Female hired to be a Principal was paid $5,000 less than her male predecessor)
Danny’s of Jackson, LLC to Pay Over $3.3 Million in EEOC Race Discrimination Case (Limited number of shifts five black dancers could work, and subjected them to racially offensive epithets)
Pape Material Handling to Pay $650k to Settle EEOC National Origin Harassment Lawsuit (Allowed employees to engage in ongoing harassment of Hispanic employees, including mocking employees’ accents and using derogatory slurs)
Atlas Energy Group to Pay $85k to Settle Age Discrimination Suit (A 52-year old foreman with over 20 years of industry experience was pushed out of his job because of his age by a new, young superintendent)
Saint Thomas Health to Pay $75k to Settle EEOC Religious Discrimination Suit (Because of religious beliefs, an employee was allowed to wear a mask , instead of taking the shot, but in 2015, he was fired instead of being afforded the accommodation)

10. The Cost of Discrimination
Financial costs
Legal representation
Settlements
Litigation
Business costs
Decreased productivity
Increased turnover
Reputational costs
Customers/clients
Applicants and employees

11. FY 2018 Highlights Charges Filed 76,418 Charges Resolved 90,558
Monetary Relief $505 Million

12. FY 2018 National Charge Stats FY 2018 CHARGE NUMBERS BY BASES National Stats
These percentages add up to more than 100 because some charges allege multiple bases.
(These percentages add up to more than 100 because some charges allege multiple bases.)
BASES
No. of Charges Received
% of All Charges Received
Retaliation
39,469
51.6%
Sex
24,655
32.3%
Disability
24,605
32.2%
Race
24,600
Age
16,911
22.1%
National Origin
7,106
9.3%
Color
3,166
4.1%
Religion
2,859
3.7%
Equal Pay Act
1,066
1.4%
Genetic Information
220
.3%
In FY 2018, the agency received 7,609 sexual harassment charges (a 13.6% increase from FY 2017), and obtained $56.6 million in monetary benefits for victims of sexual harassment.

13. RETALIATION

14. Retaliation Prohibited
It is unlawful to penalize or punish an employee or job applicant for asserting his/her EEO rights or engaging in protected activity, including:
Filing or being a witness in a charge or lawsuit alleging employment discrimination, including harassment;
Opposing employment discrimination;
Resisting sexual advances or reporting an instance of harassment;
Taking part in an internal or external investigation of employment discrimination; or
Requesting an accommodation for religious purposes or because of a disability.
Sometimes there is retaliation before any “protected activity” occurs.
For example, an employment policy that discourages the exercise of EEO rights could itself be unlawful.

15. Examples of Retaliation
Include:
Termination
Demotion
Denial of Promotion
Harassment
Increased scrutiny
Unjustified negative evaluations
Unjustified negative references
Transfer to an undesirable location

16. DISABILITY DISCRIMINATION

17. Title I of the Americans with Disabilities Act (ADA)
Prohibits employment discrimination against qualified individuals with disabilities.
Qualified individuals with a disability who are able to performed the essential functions of the job, with or without an accommodation.
A disability is
A physical or mental impairment that substantially limits one or more major life activities;
A record of such an impairment;
Being regarded as having a disability.

18. Examples of Impairments (Disabilities)
Asthma Deafness
Autism Blindness
Arthritis Mobility Impairment
Cancer (Wheelchair)
Diabetes Hearing Impairment
Epilepsy Missing Limbs
Migraines Multiple Sclerosis
PTSD Cerebral Palsy
Bipolar Disorder Hypertension

19. The ADA
Requires an employer to provide a reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense (undue hardship) for the employer.

20. Undue Hardship
Defined as “significant difficulty or expense” in light of the employer’s size, financial resources, and the nature and structure of operations.
Consider the following factors:
Nature and cost of the accommodation
Financial resources of the employer
Impact of the accommodation on the employer’s operations and facility

21. Reasonable Accommodation
Change in the workplace or in the way things are customarily done to accommodate a person with a disability.
Accommodations to:
Enable an employee to perform
essential functions of a job
Enable an employee to
enjoy the benefits and
privileges of employment
Apply for a job

22. Types of Accommodations
Job restructuring
Modified work schedules
Telework
Leave
Changing supervisory methods
Obtaining or modifying equipment or devices
Modifying the job application procedures
Provide readers/interpreters

23. Leave as a Reasonable Accommodation
EEOC Resource Document entitled Employer-Provided Leave and the Americans with Disabilities Act.

24. ADA: Exclusionary Policies
100% healed policies
Maximum medical leave policies
Time and attendance policies
These policies violate the ADA because the employer does not engage in the individualized assessment of an employee’s ability to perform his/her job with a reasonable accommodation.

25. EEOC Cases
Hyatt to Provide $100k in Pay and Benefits to Settle EEOC Disability Discrimination Suit (Company refused to allow front desk clerk to use a chair, as prolonged standing aggravated his back and caused pain)
Time Warner Cable and Charter Communications to Pay $99.5k to Settle EEOC Disability Lawsuit (Company refused to allow employee accommodation in the form of leave to recover from surgery to remove cancer. Employee was fired while recovering from life-saving surgery)
Arizona Health Companies to Pay $545k to Settle EEOC Disability and Pregnancy Discrimination Suit (Inflexible leave policies resulted in discharge of disabled employees vs. providing an accommodation which would allow them to continue working)
Pilgrim’s Pride to Pay $50,000 to Settle Disability Discrimination Lawsuit (employee requested and was granted leave to cover absences related to heart surgery. However, when he tried to return to work, the company claimed he was not granted leave and fired him for attendance)
Corizon Health/Corizon LLC to Pay $950k to Settle Nationwide Disability Discrimination Suit (Company had an inflexible 30-day medical leave policy, and fired employees who needed more time. Accommodations could have allowed some employees to continue working (modified work schedules, reassignment, unpaid leave)
Party City to Pay $155k to Settle Disability Suit (failed to hire a qualified employee after it became aware she required a job coach as a reasonable accommodation for her disability)

26. WORKPLACE HARASSMENT

27. Workplace Harassment Unwelcome verbal or physical conduct, based on
Race or Color
Sex
Religion
National Origin (Ethnicity)
Age
Disability
Harassment at Work + Protected Basis
= Workplace Harassment

28. What is Sexual Harassment?
Unwelcome verbal or physical conduct of a sexual nature
A form of sex-based discrimination, under Title VII of the Civil Rights Act
Alters conditions of employment

29. Examples of Sexual Harassment
Inappropriate touching, groping, cornering, rubbing, grabbing, pinching, etc.
Sexual advances or pressures for dates.
Comments, jokes, stories or innuendos of a sexual nature.
Shoulder and neck rubs.
Requests for sexual favors.
Comments about a person’s clothing, anatomy, or looks.
Personal questions about someone’s sex life.
Sexually suggestive sounds or gestures (i.e., sucking noises, winking, pelvic thrusts).
Ogling, leering or staring at a person’s anatomy.
s, texts, pictures, letters, calls, gestures or materials of a sexual nature.

30. EEOC Cases
IHOP to Pay $700,000 to Settle Sexual Harassment and Retaliation Lawsuit
Atlanta Capes Fisheries & BJ’s Service Co. to Pay $675,000 to Settle EEOC Sex Harassment and Retaliation Suit
Missouri to Pay $600,000 to Settle Sexual Harassment Lawsuit Filed by Corrections Employee
Favorite Farms to Pay $85,000 for Sexual Harassment and Retaliation
Dunkin Donuts Franchise to Pay $150,000 for Sexual Harassment Suit
Sirdah Enterprises/Taboo 2 Consents to $250,000 Judgment to Settle Sexual Harassment Suit
Meat Packing Co. Settles Sexual Harassment Suit for $100,000 Subjected Female Employees to Unwanted Touching and Comments
EEOC Sues Alliance Ground International For Sexual Harassment and Retaliation
EEOC Sues Anchor Staffing For Sexual Harassment and Retaliation After Employee Complained About Sex Harassment, Staffing Company Ended Her Assignment and Denied Her Future Assignments
Security Company to Pay $155,000 to Settle Same-Sex Sexual Harassment / Retaliation Suit

31. Harassment Types of Harassment
Hostile Work Environment - Creates an intimidating, hostile, or offensive work environment
Can be committed by a manager/supervisor, co-worker, or non-employee.
Does not result in a tangible employment action.
Interferes with employee’s work.
Employer is liable if:
Knew or should have known about the harassment; and
Failed to take immediate and appropriate corrective action.
Tangible Employment Action - Tangible job benefits are granted/denied based on submission/rejection of unwelcome conduct.
Results in significant change in employment status or benefits.
Examples include: hiring, firing, demoting, reassignment, reducing pay, denying promotion, assigning work, retaliating
Committed by a supervisor or manager. Automatic liability
Standards: severe, pervasive, reasonable person

32. Preventing Harassment
Five Core Principles
Committed and engaged leadership.
Consistent and demonstrated accountability.
Strong and comprehensive harassment policies.
Trusted and accessible complaint procedures.
Regular interactive training tailored to the audience and organization.
harassment/report.cfm

33. Eliminating Discrimination and Harassment in the Workplace is Everyone’s Responsibility

34. Employers’ Responsibilities
INCLUDE:
Ensure that employment decisions are not based on race, color, sex, religion, national origin, age, disability, genetic information, or in retaliation.
Ensure that work policies and practices are related to the job and do not disproportionately exclude people of a particular race, color, sex, religion, national origin, disability, or age.
Ensure that employees are not harassed because of protected bases.
Respond promptly and adequately to complaints of discrimination or harassment.
Guard against retaliation.
Provide reasonable accommodations for a disability or religious purposes.
Display a poster and keep employment records, as required.
**Preventing discrimination is good business.**

35. Management’s Responsibilities
Don’t discriminate.
Comply with EEO laws.
Set a good example for employees to model.
Take allegations of discrimination seriously and respond appropriately.
Stop harassment immediately.
Seriously consider requests for accommodations.
Know and consistently apply company’s policies.
Don’t retaliate.
Consult HR as needed.
Use social media responsibly.

36. Employees’ Rights & Responsibilities
Work free of discrimination and harassment
Complain about job discrimination without retaliation
Keep medical information private
RESPONSIBILITIES
Don’t discriminate or harass
Report Discrimination
Request reasonable accommodation (religion or disability)
Obtain a copy of Employee Handbook
Become familiar with company’s policies

37. START WITH YOU What Can You Do?
Respect others
Recognize your own biases and prejudices, and don’t act on them
Don’t treat people differently because of race, color, gender, national origin, religion, age or disability.
Think before you speak
Be careful with humor
Use social media responsibly
If in DOUBT, don’t do it; don’t say it
Ask yourself, if I were being recorded would I do or say these things?

38. PROMISING PRACTICES FOR EMPLOYERS
Implement a strong EEO policy that is embraced at the top levels of the organization and communicated to all employees.
Keep current on employment laws and update policies accordingly.
Train managers and supervisors on EEO laws and company’s policies.
Don’t tolerate discrimination/harassment.
Promote an inclusive culture by fostering an environment of professionalism and respect.
Foster open communication and early dispute resolution.

39. PROMISING PRACTICES FOR EMPLOYERS
Ensure that all employment decisions are based on job related criteria
Establish neutral and objective criteria to avoid inconsistent and subjective employment decisions based on personal stereotypes, assumptions, or hidden biases.
Review leave policies for compliance with ADA & Title VII. Avoid exclusionary policies:
100%-healed policies
Maximum medical leave
Time and attendance policies
Review background check policies and practices for compliance with Title VII.

40. PROMISING PRACTICES FOR EMPLOYERS
Recruit, hire, and promote with EEO principles in mind, by implementing practices designed to widen & diversify the pool of candidates considered for employment.
Monitor for EEO compliance by conducting self-analyses to determine whether current employment practices disadvantage particular groups of people or treat them differently.
Review compensation structure and practices.
Guard against retaliation.
Keep your policies current, your practices consistent, and document, document, document!

41. EEOC Resources www.eeoc.gov Annual Seminar – Aug 23 & 24 in Atlanta
Small Business Resource Center
Publications and Guidance Materials
On-site Training for Employers
Free Outreach
Mediation Program
Contact EEOC
(TTY)

42. 2019 Annual EXCEL Training Conference July 30 – August 1, 2019 Atlanta, Georgia

43. THANK YOU! Ivan Garcia Tom Roe EEOC Atlanta District Office
100 Alabama St. SW, Ste. 4R30
Atlanta, GA 30303
(404) l l