EEO/AA Presentation

Presented by:Irene Cabral & Windle Edenfield

Department of Management ServicesDivision of Human Resource

Management (HRM)

Workshop Objectives

• Provide basic provisions of federal civil rights laws

• Provide basic provisions on Florida’s civil rights laws

• Provide HRM’s role in EEO/AA • Provide the agency’s role in EEO/AA• Address next steps and any outstanding

questions

What is Affirmative Action (AA)?

• The actual phrase "affirmative action" was first used in President Lyndon Johnson's 1965 Executive Order 11246 which requires federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." In 1967, Johnson expanded the Executive Order to include affirmative action requirements to benefit women.

What is Equal Employment Opportunity (EEO)?

• Provides for jobs and services to be open and available to anyone who qualifies, regardless of sex, race, age, color, religion, mental or physical disability, or national origin. People are selected for jobs based on their job-related knowledge, skills, and abilities.

Federal Laws• Equal Pay Act of 1963• Civil Rights Act of 1964• Age Discrimination in Employment Act of 1967• Section 503 of the Rehabilitation Act of 1973• Section 504 of the Rehabilitation Act of 1973• Vietnam-Era Readjustment Act of 1974• Americans with Disabilities Act (ADA) 1990• Civil Rights Act of 1991• Current proposed EEO/AA Legislation

Equal Pay Act of 1963

• Prohibits sex based pay discrimination between men and women in the same establishment for work which requires equal skills, efforts, and responsibility, and which is performed under similar working conditions.

Civil Rights Act of 1964

• Prohibits discrimination in hiring, promoting, discharge, pay, fringe benefits, and other aspects of employment, on the basis of race, color, religion, sex, or national origin by employers of 15 or more persons.

Age Discrimination in Employment Act of 1967

• Prohibits discrimination in employment on the basis of age.

Section 503 of the Rehabilitation Act of 1973

• Prohibits job discrimination on the basis of disability and requires affirmative action to employ and advance in employment qualified individuals with disabilities.

Section 504 of the Rehabilitation Act of 1973

• Provides that no qualified individuals with disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under any program or activity that either receives federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

Vietnam-Era Readjustment Act of 1974

• Prohibits job discrimination against disabled veterans and veterans of the Vietnam era and requires affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.

Americans with Disabilities Act (ADA) 1990

• Signed on July 1990, the Act prohibits discrimination against people with disabilities in employment (Title I), in public services (Title II), in public accommodations (Title III) and in telecommunications (Title IV).

• On February 1, 2001, President George W. Bush announced his New Freedom Initiative to promote the full participation of people with disabilities in all areas of society by increasing access to assistive and universally designed technologies, expanding educational and employment opportunities, and promoting full access to community life.

Civil Rights Act of 1991

• Amend 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 for other purposes.

Florida Law Relating to EEO/AA

• Florida Civil Rights Act of 1992, Section 760, Florida Statutes

• Section 110.105, Florida Statutes• Section 110.112, Florida Statutes• Executive Order 99-281, One Florida

Initiative• Rule 60L-33.007, Florida Administrative

Code

Florida Civil Rights Act of 1992 Part I

• Secures freedom from discrimination due to race, color, religion, sex, national origin, age, handicap or marital status.

• Provides enforcement by giving the Attorney General the ability to commence civil action suits

• Creates the Commission on Human Relations under but not controlled by the Department of Management Services

• Provides for remedies for unlawful discrimination and defines unlawful employment practices

• Provides for a process to file grievances through the Attorney General and the Commission.

Governor’s Executive Order 99-281 on Diversity

• Creates the One Florida Initiative, for more information, visit: http://www.myflorida.com/myflorida/government/governorinitiatives/one_florida/index.html

• Outlines the Governor’s policy of seeking out employees that are of the highest quality and ethical standards, and who reflect the full diversity of Florida’s population.

Commission on Human Relations• Promotes and encourages fair treatment and equal

opportunity for all persons regardless of race, color, religion, sex, national origin, age, handicap or marital status.

• Promote the creation of local commissions, provides technical assistance.

• Receives, initiates, investigates, seeks to conciliate, hold hearings and acts upon complaints alleging any discriminatory practices.

• Adopts, promulgates, amends and rescinds rules to effectuate the purposes and policies of the Fl Civil Rights Act

• For more information on the Commission, visit: http://fchr.state.fl.us

S. 110.105 (2), F.S. Employment policy of the state.-

   All appointments, terminations, assignments and maintenance of status, compensation, privileges, and other terms and conditions of employment in state government shall be made without regard to age, sex, race, religion, national origin, political affiliation, marital status, or handicap, except when a specific sex, age, or physical requirement constitutes a bona fide occupational qualification necessary to proper and efficient administration.

Section 110.112,F.S.   Affirmative action; equal employment opportunity.--

• Requires agency heads of executive agencies to develop and implement an affirmative action plan in accordance with rules adopted by DMS/HRM

• Requires agencies to establish goals for ensuring full utilization of groups underrepresented in its workforce

• Appointment of an Affirmative action-equal employment opportunity officer

• Report information annually to DMS/HRM on implementation, changes and adjustments to AA/EEO agency plans.

HRM’s Role in EEO/AA • Provide technical assistance and training in agencies’

development and implementation of affirmative action plans

• Provide technical assistance and training in equal employment opportunity and affirmative action principles for agency supervisory employees.

• Report to the Governor each year on the implementation, continuance, revision, and results of each agency’s affirmative action plan for the previous year. http://dms.myflorida.com/dms/workforce/human_resource_management/human_resource_programs_and_information/reports

• Compile and submit Federally required EEO/AA statistical report (EEO-4) Report to the Federal EEO Office every 2 years.

Agency’s Role in the EEO/AA

• Develop and implement an affirmative action plan (S. 110.112.,F.S., Rule 60L-33, FAC))

• Establish annual goals for ensuring full utilization of groups that appear under represented in its workforce (S. 110.112, F.S.)

• Provide the DMS/HRM annually with updated information on the implementation, continuance, updating of their plan (s. 110.112, F.S., Rule 60L-33, FAC)

Agency’s EEO/AA Plans Should include the following:

• Effective date of the plan and the time period that it covers.

• Signature of agency head and EEO/AA officer. • EEO/AA officer information. • Policy statement concerning an internal agency

complaint procedure, which procedure shall include provisions to advise employees of the procedure and to prohibit retaliation for employing the procedures.

• Description of agency organization.• A list of the supervisory personnel to receive training

and a schedule for such training.• Workforce analysis

Agency Plans Workforce Analysis should include:

• Statistical comparison of current work force with available labor market in the relevant geographic recruitment area;

• Previous year’s goals and a statement as to whether these goals were met;

• Measurable goals for the applicable time period for all EEO job categories with underrepresentation. Measurable goals may also be established in occupations with underrepresentation;

• Recommendations for corrective action, where necessary.

Next Steps

• HRM plans to revitalize its role in technical assistance

• People First system is currently developing E-learning Module that will provide EEO/AA training to all state employees

• HRM will began to compile updated agency plans

What’s Coming up…

• Federal EEO-4 reporting• Potential Federal legislation• 2000 Census EEO/ALM information

What about your agency?

• Do you know who your EEO/AA representative is?

• Do you have access to your agency’s EEO/AA plan?

• Do you have any best practices you would like to share?

• Do you produce any agency reports?

THANK YOU!

• If you have any questions, please feel free to call or drop an e-mail:

• Irene S. Cabral, 488-2445, Irene.Cabral@dms.myflorida.com

• Windle Edenfield, 487-1309, Windle.Edenfield@dms.myflorida.com