eeo anti harassment training

USAG Red Cloud and Area I

Equal Employment Opportunity (EEO) and Anti-Discrimination & Harassment Training

Teri L. Garnett EEO Manager

• Equal Employment Opportunity – The Law

• Disability & Reasonable Accommodation

• Workplace Harassment

Equal Employment Opportunity Agenda

• Equal Employment Opportunity – The Law

• Disability & Reasonable Accommodation

• Workplace Harassment


Federal Anti-Discrimination Laws protect employees from illegal discrimination that directly relate to the terms, conditions,

and benefits of their employment.

Hiring, Promotion, Reassignments, Pay, Leave, Awards, Performance Evaluations, Training, Job Classification,

Reprimands, Suspensions, and/or Terminations

Supervisors should ensure to have legitimate,

non-discriminatory reasons for every personnel action taken.

Federal Anti-Discrimination Laws Equal Employment Opportunity

Federal laws enforced by the EEOC that protect employees

from employment discrimination:

Title VII of the Civil Rights Act of 1964

Pregnancy Discrimination Act of 1978

Equal Pay Act of 1963

Age Discrimination in Employment Act of 1967

Rehabilitation Act of 1973

Genetic Information Nondiscrimination Act of 2008

Equal Employment Opportunity and The Law

Let’s talk about all these individually…

Equal Employment Opportunity Title VII of the Civil Rights Act of 1964

“It shall be an unlawful employment practice for an employer…to discriminate against any individual with respect to his/her compensation, terms and

conditions, or privileges of employment, because of an individual’s

“Race, Color, National Origin, Equal Pay/Compensation, Sex (including Pregnancy),

Age (40+), Religion, Disability (Mental or Physical), Genetic Information and/or Reprisal/Retaliation

(for engaging in protected activity).”

Discrimination based on Race involves treating someone unfavorably because they are of a certain race or because of personal characteristics associated with race (such as hair texture, or certain facial features)

Discrimination based on Color involves treating someone unfavorably because of skin color or complexion.

Discrimination based on National Origin involves treating someone unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background.

Equal Employment Opportunity Race, Color, National Origin

Equal Employment Opportunity Equal Pay Act of 1963

This law requires that men and women in the same workplace be given equal pay for equal work. Protects both men and women who perform substantially equal work from sex-based wage discrimination.

Discrimination based on Sex involves treating someone unfavorably because of their gender.

Includes discrimination based on Pregnancy which involves treating a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Equal Employment Opportunity Sex

The Age Discrimination in Employment Act only prohibits Age discrimination for individuals who are Age 40 and older, which prohibits discrimination based on Age or treating someone less favorably because of their age.

Equal Employment Opportunity Age Discrimination Act of 1967

Discrimination based on Religion involves treating someone unfavorably because of their religious beliefs.

The law protects not only people who belong to traditional, organized religions as well as others who have religious, ethical or morale beliefs.

Equal Employment Opportunity Religion

The law also requires reasonable accommodation of an employee’s religious beliefs or practices, unless doing so would cause undue hardship on the organization/mission.

This means that the Army may be required to grant reasonable accommodation to the work environment that will allow an employee to practice his or her religion.

Equal Employment Opportunity Religious Accommodation

Genetic Information Non-Discrimination Act of 2008 (GINA)

This law makes it illegal to discriminate against

employees or applicants because of their genetic

information.

Equal Employment Opportunity Genetic Discrimination

Genetic information includes information about an individual and/or an individual’s family members

test results, the manifestation of a disease or disorder regarding an individuals or the individuals

family medical history.

Which is often used to determine whether someone has an increased risk of getting a disease,

disorder, or condition in the future.

Equal Employment Opportunity Genetic Discrimination - Scenario

Jordon is a supervisor. Gloria, informs Jordon that a relative died from a disease, that she has just been diagnosed with and she requests to take leave. Jordan tells Gloria he is sorry to hear the news. He says he will work with her and the office manager to assist her with leave options. Jordan tells Gloria to let him know if she needs any other assistance.

In this scenario, Jordon acted appropriately by keeping his remarks brief while focusing on the conversation about work issues and his willingness to assist her with leave.

Although it may be difficult to do, supervisors should avoid engaging in conversations about the specifics regarding

medical conditions of employees or their relatives.

Disability and Reasonable Accommodation

Disability discrimination occurs when an a qualified individual (employee or applicant)

with a disability is treated unfavorably because he/she has a disability.

Disability discrimination also occurs when an employer treats an employee or applicant less

favorably because he/she has a history of a disability (such as cancer that is controlled or

in remission) or;

Equal Employment Opportunity Disability

Because he/she is believed to have a physical or mental impairment that is NOT lasting or expected to last six months or less, even if he/she does not have such an impairment.

Equal Employment Opportunity Disability (Cont’d)

A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Equal Employment Opportunity Reasonable Accommodation

An employee who believes he/she needs a reasonable accommodation for a disability may submit an oral or written request through the supervisor or the EEO Office.

Supervisors are responsible for providing reasonable accommodations to their employees or applicants with disabilities, unless doing so would cause an undue hardship or expense to the Army.

Equal Employment Opportunity Requesting Reasonable Accommodation

Equal Employment Opportunity Reasonable Accommodation Requests

• Employee must specify the change or modification the individual believes necessary

• Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)

Equal Employment Opportunity Reasonable Accommodation Requests

• If the individual with a disability is qualified to perform the essential functions of the job.

• The employer should work with the servicing EEO Office/Disability Program Manager to process the request for reasonable accommodation.

• The employer should approve the request for accommodation, unless the employer can prove that making the accommodation would cause an undue hardship.

A supervisor can engage in the interactive process with an employee to exchange

information and search for solutions that may allow the approval of a request for reasonable

accommodation immediately.

At the end of this process, the supervisor will let the employee know whether the request has

been granted or denied.

Equal Employment Opportunity Reasonable Accommodation

Supervisors are encouraged to respond to requests for reasonable accommodation in a timely manner. Ordinarily, a decision can be made within 30 calendar days from the date request was received.

Information about the Reasonable Accommodation Process may be obtain from the servicing EEO Office.

Equal Employment Opportunity Reasonable Accommodation Information

Information related to a request for accommodation or the fact that you are receiving an accommodation may only be shared with those who have a need to know.

An accommodation may not be specifically what an employee requested, as long as the accommodation is effective.

Equal Employment Opportunity Disability & Reasonable Accommodation

Not everyone with a medical condition is protected by law.

In order to be protected, a person must be qualified for the job and have a disability as defined by law.

Equal Employment Opportunity Definition of a “Disability”

It is illegal to fire, demote, harass, or otherwise “retaliate” against individuals (applicants) because

they complained about discrimination, or because they

participated in employment discrimination proceedings.

Equal Employment Opportunity Reprisal or Retaliation

Carl filed an EEO complaint after being given a negative performance appraisal, alleging that his supervisor discriminated against him when he

received a poor appraisal.

Although John had a legitimate, non-discriminatory reason for giving Carl the poor appraisal. But when he learned that Carl filed an EEO complaint, John

held a closed door meeting with his colleague Pam, but the office walls were thin and everyone in the vicinity including Carl could hear him say things like,

“How could Carl do this, I have given him every opportunity. This is Carl’s insurance policy – he knows he is about to get fired”.

Later, John sends an email to Carl informing him that he should only communicate with him by email and gave Carl minimal work to do, feeling he

could no longer trust Carl.

John believes he did not discriminate but his actions could turn what was otherwise an unfounded complaint into a successful retaliation claim.

Equal Employment Opportunity Reprisal - Scenario

If you believe you have been subjected to unlawful discrimination, harassment or retaliation:

Contact your servicing EEO office within 45 calendar days from the date you first became aware of the alleged discrimination. You have an option of remaining anonymous.

An EEO Counselor will be assigned to conduct an inquiry within 30 calendar days, while attempting to resolve the complaint; offer you an option to use an Alternative Disputed Resolution (Mediation) to resolve your complaint.

If the complaint is not resolved you will be provided a Notice of Right to File a Formal Complaint of Discrimination.

Equal Employment Opportunity Your Rights

Equal Employment Opportunity ADR (Mediation)

A preferred Dept of the Army alternative dispute resolution method, in which a third party neutral assists disputants in focusing

on issues brought forth, reviewing common interests towards reaching a mutually

satisfactory settlement.

If you are a supervisor and one of your employees has contacted the EEO office about a complaint or participated in EEO activity, you should:

DO NOT confront the employee about the complaint or try to persuade the employee to drop the ocmplaint.

DO NOT discuss the complaint with colleagues. Instead, try to keep the matter as confidential as possible.

DO NOT try to avoid the employee. Instead you should conduct business as usual.

Equal Employment Opportunity Supervisor Don’ts

DO COOPERATE with the EEO Counselor.

DO CONSIDER whether mediation would be helpful in resolving the complaint. Working through concerns with a neutral third party may result in creative solutions.

DO CONTACT your servicing labor counselor for assistance. The labor counselor represents the Army, and can assist you through the process.

Equal Employment Opportunity Supervisor Do’s

Workplace Harassment

Workplace Harassment Army Anti-Harassment Policy

•Workplace Harassment based on race, color, sex (including

pregnancy), religion, national origin, age (40+), equal pay/

compensation, genetic information, disability or reprisal or other

impermissible basis is not acceptable.

•Harassment includes any offensive conduct such as slurs, jokes or

other verbal, nonverbal or physical conduct that has the purpose or

effect of unreasonably interfering with an individual’s work

performance or creating a intimidating, offensive or hostile

environment.

•Even if a single utterance, joke or act does not rise to the level of

actionable harassment under the law, such conduct is contrary to

Army values.

A supervisor receives the following complaint from Charlene, who works in a pod of

cubicles:

a. Chuck’s coworkers in the area use the term “b____” to refer to women with whom they

have disagreements at work.

b. The co-workers mock a mail deliver worker with physical and mental disabilities after

he leaves the area by laughing about and imitating is disabilities.

c. Nearly every day the co-workers listen to a crude morning radio show featuring sexual

topics and ethnic jokes. One told Charlene to “wear earplugs” when she tried to

change the station.

d. One co-worker displays a woman in a swimsuit as his screen saver.

Which of the actions above constitute prohibited harassment under Army’s policy?

Who is responsible for taken action and what action should be taken?

Equal Employment Opportunity Hostile Work Environment - Scenario #1

Answer: All of the above

This is true even if the behavior is not directed towards Charlene or is not

intended to offend her. It also does not matter that the mail delivery worker

is not aware of the behavior.

Answer: The Supervisor

The supervisor must immediately take steps to investigate Charlene’s

complaint. If the complaint is substantiated, the supervisor must take

appropriate corrective action to end the behavior, including any necessary

disciplinary action. The servicing labor-management employee relations

specialist and labor counselor can assist the supervisor with these actions.

Equal Employment Opportunity Hostile Work Environment - Scenario #1

Workplace Harassment Sexual Harassment

…Sexual Harassment is a form of sex discrimination. Sexual harassment

includes unwelcome, sexual advances , request for sexual favors and

other verbal or physical conduct of a sexual nature when:

• Submission to such conduct made explicitly or implicitly effects a term

or condition of a individuals employment, pay or career;

• Submission to or rejection of such conduct by a person is used as a

basis for a decision affecting a person’s career or employment;

• Such conduct has the purpose of unreasonably interfering with an

individual’s work performance or creates an intimidating, hostile or

offensive working environment.

Darla gave her co-worker Joe a note saying she would like to go out with him.

Joe told Darla he was not interested and was not looking for anything like that

right now.

Darla gave Joe a second note asking him to giver her a chance, which Joe

discarded. Darla then approached Joe and gave him a photo of herself.

Joe told Darla again that he was not interested. Darla continued to give

Joe notes for several months, telling Joe she had been dreaming about

him. Darla also had co-workers deliver messages to Joe with request to go

on dates and saying that she was going to get him no matter hat. After six

months, Darla asked Joe for a date in front of a customer, embarrassing

both Joe and the customer.

Did Darla’s actions constitute workplace harassment ?

Equal Employment Opportunity Sexual Harassment - Scenario #2

Answer: Yes

Although Darla’s initial polite request to go on a

date with Joe was not harassment, Darla persisted

even after Joe indicated hw was not interested.

Darla’s continued pursuit of Joe over several

months also affected others which can be

considered “third-party harassment”.

Equal Employment Opportunity Sexual Harassment - Scenario #2

If Joe brings Darla’s behavior to the attention of his supervisor’s

attention, the supervisor must take action designed to end Darla’s

behavior and take escalating steps if her behavior does not stop.

For example, if Joe brings it to the supervisor’s attention after just

the notes, noting more may be required than telling Darla that Joe

finds her behavior unwelcome and tat she needs to stop. The

supervisor should document his/her actions and follow up with

Joe to make sure Darla’s conduct stops.

If Darla denies the conduct, does not agree to stop the conduct, does

not stop the conduct, or if Joe later reports more serious behaviors

more formal and more serious measures will be required.

Equal Employment Opportunity Sexual Harassment Scenario #2 (Cont’d)

Workplace Harassment Who Can Be Responsible?

… Anyone who creates or tolerates a work environment which is permeated with

discriminatory intimidation, ridicule, and insult that is severe or pervasive enough to alter the

conditions of an individuals employment, subjecting them to or creating an abusive working

environment is in violation of Title VII.

People have different ways of looking at the

same situation because of many factors,

such as upbringing, education and experiences.

These different perceptions can

benefit an organization, but they

can also cause conflict in the

workplace.

Workplace Harassment Perception vs. Intention

Often in a court of law, more emphasis is placed on the

victim’s perception rather than the offender’s intention.

This means that employees should

take responsibility for how their

behavior affects others.

Workplace Harassment Perception vs. Intention

In order to prevent employees from being unfairly

accused of harassment, the “Reasonable Person

Standard” was created, which asks…

“Would a “reasonable person” find the behavior offensive?”

Workplace Harassment Reasonable Person Standard

Employees who are bullied often experience a

high level of stress and emotional anguish.

However, unless an employee falls into a

protected class, there are no laws that prohibit an

employee from being bullied in the workplace.

Workplace Harassment Bullying

Bullies:

Tend to treat employees

inconsistently or unfairly

Often use humiliation or

intimidation to control others

Can be emotionally unpredictable

or have frequent emotional

outbursts

Often intend to negatively affect

employees’ performance

Act in their own self-interest.

Workplace Harassment Recognizing Harassing Behavior

Tough Managers:

Treat employees consistently

and fairly

Set reasonable standards and

expect employees to meet them

Are generally predictable in their

actions and reactions

Aim to positively affect employees’

performance

Act in the interest of the

organization.

If you have been subjected to harassment…

You have the responsibility to take reasonable action.

Inform the offender that the behavior is unwelcome and needs to stop.

If you are not comfortable with talking directly to the offender talk to a

supervisor with whom you feel comfortable reporting, so the command can

investigate and take steps to end the harassment.

If desired, contact you servicing EEO office to file a complaint within 45

CALENDAR DAYS after first becoming aware of the harassment.

Remember it is illegal for someone to retaliate against you for making a

harassment claim. If you experience retaliation report it immediately.

Workplace Harassment Employee Responsibilities

If you are a supervisor/manager who receives a complaint of harassment…

It is your responsibility to take prompt and appropriate action.

Immediately conduct an inquiry appropriate for the circumstances – this

could range from a discussion with the alleged harasser to an investigation

under AR 15-6.

Take steps during the inquiry to protect the person complaining from further

harassment.

Take corrective action designed to end the harassment. Discipline or

discharge may be warranted depending on the conduct. You must also

take escalating action if the harassment does not stop.

Workplace Harassment Supervisor Responsibilities

Workplace Harassment Hostile Work Environment

A “Hostile Work Environment” harassment claim involves an pervasive atmosphere of discriminatory severe or unwelcome working conditions that have

the purpose or effect of unreasonably interfering with an individual’s work performance or create an

intimidating, hostile or offensive working environment.

Workplace Harassment Hostile Work Environment and Discrimination

The phrase “Hostile Work Environment" generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work, due to unreasonable and undue hostility.

Harassment on the part of employees, supervisors, managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race, Color, Sex, National Origin or Religion.

Workplace Harassment Recognizing a Hostile Work Environment

A hostile work environment is created when anyone commits this type of harassment, including a co-worker, a supervisor or manager, a contractor, client, vendor, or visitor.

In addition to the person who was directly harassed, other employees who are impacted by the harassment (by hearing or viewing it) are also considered victims.

Workplace Harassment Recognizing Hostile Work Environment

Other factors that dictate a hostile work environment include:

If the employee feels threatened or intimidated through

discriminatory actions;

There is a frequency or pervasiveness of unfair treatment;

and, if comments or actions are unduly offensive and

degrading.

Equal Employment Opportunity Preventing Unlawful Harassment

•The underlying cause for a hostile work environment is unlawful harassment; therefore attending training about anti-discrimination laws and statutes like these can help prevent it; •Implementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior;

Equal Employment Opportunity Preventing Harassment (Cont’d)

•Professional behavior in the workplace is another way to prevent unlawful harassment;

•Maintaining a workplace free from discrimination;

•Commitment to treating all individuals equally with dignity and respect boosts self-esteem, builds morale of workers and eliminates harassment in our workplaces.

If You Think You Have Harassed Someone…

o If someone appears to be offended by something

you have said or done…

o Apologize to the person you have offended

o Be careful not to repeat the behavior

Workplace Harassment Preventing Harassment (Cont’d)

Harassment takes a big toll on its victim, as well as the organization as

a whole. To prevent harassment in your workplace…

Become familiar with the organizational policies

Learn how to recognize the harassment

Be aware of how your behavior affects others

If you think a comment or action could be taken the wrong way,

don’t do it or say it

Avoid joking about sensitive topics in the workplace

Use technology (including email) with care

Speak up when you are harassed or if you witness harassment.

Equal Employment Opportunity Workplace Harassment Summary

6

Parting Thought…

"I've learned that people

will forget what you said,

people will forget what you did,

but people will NEVER forget

how YOU made them feel.“

-Maya Angelou

Equal Employment Opportunity Contact Information

Teri L. Garnett EEO Manager

USAG Red Cloud, Bldg 909 (315) 732-6273

Cell: 010-3271-7998

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