Module #1 EEO Intro & Laws. Module #1. Module #1. Office of Human Resources/ Affirmative Action EEO Training

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1 EEO Training for UHCL Faculty/Staff EEO Intro & Laws Office of Human Resources/ Affirmative Action EEO Training Introduction The Texas Labor Code, Chapter 21, Section requires state agencies to provide training on employment discrimination including sexual harassment to employees within thirty (30) days after they are hired, and to provide supplemental training every two years. EEO Training for Faculty and Staff The University of Houston-Clear Lake is committed to providing a safe, secure work environment for all employees. The adoption of this policy assists in promoting that environment. By participating in the following training modules, the University of Houston-Clear Lake community will successfully support and be in compliance with the necessary state requirements. 1

2 Office of Affirmative Action EEO Responsibilities Assist with complaint resolution Investigate allegations of discrimination for both students and employees Develop & maintain AAP, state, congressional and federal reports Assist with search committees Provide proactive training courses Responsible for successfully facilitating the EEO bi-annual training Ensure compliance of federal, state and local laws, and university policies EEO Laws-A historical view To effectively el prevent ent and understand discrimination in the workplace, a historical view of EEO laws will be covered to better demonstrate how discrimination impacts us today. EEO Laws Equal Pay Act of Requires employers subject to the Fair Labor Standards Act (FLSA) to pay equal wages to men and women performing similar work. Factors used to compare similarity of work include knowledge, skills, effort, and level of responsibility required in the positions. Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, or national origin with any program or activity that receives Federal funds. 2

3 EEO Laws Continued Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, color, sex, religion or national origin. The Age Discrimination in Employment Act of 1967 (ADEA) Prohibits employers from discriminating against an individual of the age of 40 years or over with respect to compensation, terms conditions or privileges of employment. There is no affirmative action obligation required. EEO Laws Continued Title IX of the Education Amendments of 1972 Prohibits discrimination on the basis of sex in programs receiving Federal financial assistance. Rehabilitation Act of 1973 Prevents employers from refusing to hire or promote handicapped persons solely because of a disability and applies only to employers who receive Federal funds. EEO Laws Continued The Vietnam Era Veterans Readjustment Assistance Act of 1974 Requires affirmative action for qualified disabled veterans and veterans from the Vietnam era. Americans with Disabilities Act of 1990 (ADA) Americans with Disabilities Act of 1990 (ADA) Became effective in July of Prohibits employment discrimination against qualified persons with disabilities. It requires that public entities offer services and make accommodations so that it may be usable and accessible for all people. It also provides for reasonable accommodation in employment. 3

4 EEO Laws Continued Civil Rights Act of 1991 Amended the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and provides for jury trials. Family Medical Leave Act of 1993 Requires that employers provide, job protected leave to employees who qualify, for up to 12 weeks a year for serious medical conditions or child birth/adoption. May be paid or unpaid. EEO Laws Continued Executive Order 11246, as amended Bans discrimination on the basis of race, sex, religion, color, and national origin by Federal contractors with contracts in excess of $50,000. The first order was given by LBJ at Howard University in It required that contractors receiving Federal funds utilize affirmative action plans to ensure minorities were recruited and afforded real opportunities for jobs. Presidents Nixon, Ford and Carter all amended this order. EEO Training for UHCL Faculty/Staff Module #2 EEO Definitions Office of Human Resources/ Affirmative Action EEO Training 4

5 Module #2 Introduction In order to prevent discrimination in the workplace, the following will be discussed in the upcoming slides. Bases for discrimination Protected classes Types of Discrimination EEO definitions Retaliation Module #2 Bases for Discrimination The following is a list of bases used for determining discriminatory acts. Discrimination is based on Age Disability Race National Origin Gender Veteran Status Religion Sexual Orientation Color (UHS Only) Module #2 Protected Classes Individuals who belong to groups that have historically experienced discrimination Minorities Women Veterans The Disabled People over the age of 40 5

6 Module #2 Types of Discrimination When determining if an act of discrimination has occurred in the workplace, it may be categorized it into one of ftwo types: Disparate Treatment Adverse Impact Module #2 Types of Discrimination cont d Disparate Treatment Occurs when an employer treats a person, who is a member of a protected group, less favorably than others who are similarly situated and who are not members of that protected group. This generally involves inconsistent application of polices or practices. Adverse Impact Occurs when an apparently neutral policy or practice that on the surface does not appear to have any negative effects, may have adverse effect on one group of people more than others when applied Module #2 EEO Misc. Definitions In addition to the bases for discrimination, understanding protected classes, and the types of discrimination, i i it is also important t to explain the following additional EEO definitions: Constructive Discharge No English-only rule The Whistleblower s Act Retaliation 6

7 Module #2 EEO Misc. Definitions Constructive Discharge: A termination of employment brought about by making the employees working conditions so intolerable that the employee is compelled to leave, and can be viewed in the same light as an involuntary termination. No English-only rule: It is unlawful to require employees to speak only English in the workplace. If shown to be a business necessity or safety related issue, an English only rule may apply, but only for those employees who are directly engaged in the conversation. Module #2 EEO Misc. Definitions cont d Whistleblower s Act Is a non-retaliatory act that protects employees from negative job actions from employer when an employee in good faith reports a violation of the law by the governmental unit or another public employee to the appropriate enforcement agency. Retaliation When a negative action such as restraint, interference, coercion, further discrimination, or any form of reprisal is taken against the individual for participating in a protected EEO activity. Module #2 Retaliation cont d Retaliation can be determined if An employee participated in protected EEO activity Employer takes adverse employment action against employee Employer knew of the protected EEO activity involvement of the employee Employee can show causal connection between the negative action and protected EEO activity 7

8 EEO Training for UHCL Faculty/Staff Sexual Harassment Office of Human Resources/ Affirmative Action EEO Training Introduction Sexual harassment is considered sex discrimination under Title VII of the Civil Rights Act of Title VII prohibits discrimination against any individual because of that person s race, color, religion, sex or national origin. Definition of Sexual Harassment Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual s employment or academic decision; and 2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decision affecting that individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual s work or academic performance or creating an intimidating hostile or offensive working environment. 8

9 Types of Sexual Harassment Quid Pro Quo (this for that) This occurs when expressed or implied requests or demands are made in exchange for keeping or advancing in a job. Submission to or rejection of these requests or demands is then used as a basis for employment decisions affecting that person. The harasser must have the authority to alter an employee s terms and conditions of employment; even if the employer had no knowledge of these advances, they may still be liable when this type of harassment is proven. Types of Sexual Harassment cont d Hostile Work Environment This includes any unwelcome sexual or gender based conduct that has the purpose p or effect of unreasonably interfering with an individual s work performance. Also, any conduct that creates an intimidating, hostile or offensive working environment constitutes this form of harassment. These cases may include lewd jokes or comments, displaying of explicit or sexually suggestive material or repeated requests for a sexual or dating relationship. Where there is no supervisor involved, the employer will only be liable for this type of harassment when it had actual knowledge and failed to take immediate and appropriate corrective action. Forms of Sexual Harassment Actual or attempted rape or sexual assault Unwanted pressure for sexual favors Unwanted deliberate touching, tickling or pinching Unwanted leaning over or cornering Unwanted sexual looks or gestures Unwanted letters, phone call, or materials of a sexual nature Unwanted pressure for dates Unwanted sexual teasing, jokes, remarks, or questions Referring to an adult as a girl, hunk, doll, babe, or honey Whistling at someone Cat calls Sexual comments Turning work discussions to sexual topics Sexual innuendoes or stories Asking about sexual fantasies, preferences, or history 9

10 Forms of Sexual Harassment cont d Personal questions about social or sexual life Sexual comments about a person s clothing, anatomy or looks Kissing sound, howling and smacking lips Telling lies or spreading rumors about a person s sex life Neck massage Touching an employees hair, clothing or body Giving personal gifts Hanging around a person Hugging, kissing, patting or stroking Touching or rubbing oneself sexually around another person Looking a person up and down Making sexual gestures with hands or through body movements Facial expressions, winking, throwing kisses, or licking lips Sexually suggestive visuals Staring at someone Key Supreme Court Ruling on Sexual Harassment-Case #1 Case: Oncale vs. Sundowner Offshore Services, Inc. Key question: Is it sexual harassment when misconduct is between members of the same gender? Facts of Case: Joseph Oncale was hired as a roustabout (a deck hand or water front laborer) through Sundowner Offshore Services, Inc. He was assigned to work with an eight-man crew on a Chevron USA oil platform in the Gulf of Mexico. Oncale vs. Sundowner Offshore Services, Inc. cont d.. Facts of Case cont d: In 1991, three of the crew members, including two supervisors, forcibly subjected Oncale on numerous occasions to humiliating, sex-related actions, some in front of the rest of the crew. The two supervisors physically assaulted Oncale in a sexual manner, and one even threatened Oncale with rape. A third co-worker also participated in the harassment. Oncale complained of the blatant sexual misconduct to his supervisor, the company s safety compliance clerk. But instead of doing anything about the problem, the clerk replied that he, too, had been picked on by two supervisors who had called him a name suggesting he was homosexual. 10

11 Oncale vs. Sundowner Offshore Services, Inc. cont d.. U.S. Supreme Court ruling: Unanimous (9-0) The Supreme Court unanimously declared that sexual harassment tis actionable, even when the people involved are of the same sex. The Supreme Court ruling noted that the law equally protects men and women against workplace discrimination. Key question: Is it sexual harassment when misconduct is between members of the same gender? YES Key Supreme Court Ruling on Sexual Harassment -Case #2 Case: Faragher vs. City of Boca Raton, Florida Key question: Is an organization liable for sexual harassment when the organization is unaware of a supervisor s misconduct? Facts of Case: Once a lifeguard for the City of Boca Raton, Florida, Beth Faragher claimed she endured repeated sexual harassment from two male supervisors during the five years she worked on the city s beaches. Faragher vs. City of Boca Raton cont d.. Facts of Case cont d: Faragher stated that she and seven other female lifeguards worked for two men who would repeatedly request sexual favors, grab them by the breasts and buttocks, try to break into their showers and referred to them regularly with vulgar comments. Faragher stated she did not report the problem because she feared retaliation. However, she did speak to one police lieutenant about the behavior, but he didn t feel it was his place to act upon workplace complaints. 11

12 Faragher vs. City of Boca Raton cont d.. Facts of Case cont d: Attorney s representing the City of Boca Raton argued that the city could not be held liable because it had a clear policy against sexual harassment since 1986, and because the male supervisors were acting on their own and not as representatives of the city. The city, however, failed to deliver the policy to it s lifeguard staff or supervisors. As a result, neither Faragher or her supervisors had any knowledge of the cities policy on sexual harassment. Faragher vs. City of Boca Raton cont d.. U.S. Supreme Court ruling: Majority vote (7-2) The Supreme Court said that an employer is liable for pervasive, hostile work environment of harassment, and an employer is potentially liable for its supervisors misconduct, whether the company is aware of the harassment or not. Key question: Is an organization liable for sexual harassment when the organization is unaware of a supervisor s misconduct? YES Ways to Prevent Sexual Harassment Conduct yourself in a professional manner at all times Dress appropriately for the job Become familiar with your rights to work in an environment free from discrimination Be prepared to assert your rights Become acquainted with UHCL s policy and grievance procedures for dealing with and reporting sexual harassment. Take a few minutes to think about what you would do if you were being harassed. 12

13 EEO Training for UHCL Faculty/Staff Module #4 Reporting Procedures Office of Human Resources/ Affirmative Action EEO Training Module #4 Introduction In the event an act of discrimination or sexual harassment has occurred, it is important to know and understand the associated procedures and processes to file a complaint. Module #4 Internal Discrimination Complaints The Office of Human Resources and Affirmative Action is the department at UHCL that accepts internal, written, formal complaints lit of fdiscrimination i i or sexual lharassment. Formal, written complaints must be received no later than 60 days after the last incident of the alleged discriminatory act or knowledge of the act. All complaints are directed to Katherine Justice, Executive Director of Human Resources and Affirmative Action. 13

14 Module #4 Written Complaints When writing a formal complaint, the following must be included: Name, address & phone number of complainant Nature, date and description of alleged violation Name(s) of person(s) responsible for the alleged violation Any background information believed to be relevant Requested relief for corrective action (remedies) Module #4 Written Complaints cont d In the event a formal complaint is filed with the Office of Human Resources and Affirmative Action, the employer (UHCL)i is obligated tdand expected tdto take tk the appropriate it investigative action. Once a formal complaint has been filed, it may not be retracted. It is treated as actual occurrence and the necessary steps to resolve the complaint will be followed. Module #4 Filing External Complaints Along with filing complaints internally to the Office of Human Resources and Affirmative Action, an employee or student t has the option of also filing with the following external organizations. Equal Employment Opportunity Commission (EEOC) Texas Workforce Commission-CivilCivil Rights Division Department of Education, Office of Civil Rights 14

15 Module #4 Filing External Complaints cont d Equal Employment Opportunity Commission (EEOC) -Employees may file discrimination complaints with the EEOC within 300 days of the last incident of alleged discriminatory activity. Texas Workforce Commission-Civil Civil Rights Division (TWC) -Employees may also file their complaints with TWC within 180 days of the last incident of alleged discriminatory activity. Department of Education, Office of Civil Rights -Students may file complaints of discrimination within 180 days of the last incident of alleged discriminatory activity Module #4 Additional Resources If you wish to learn more regarding the University of Houston System and UHCL policies and procedures on discrimination and sexual harassment, you may visit the UHCL-HRHR web site at: (click on HR Polices and Procedures) 15