teaching your supervisors how to supervise by joe bontke ombudsman & outreach manager houston...
TRANSCRIPT
Teaching your Teaching your Supervisors Supervisors how to supervisehow to supervise
by Joe Bontkeby Joe BontkeOmbudsman & Outreach ManagerOmbudsman & Outreach Manager
Houston District OfficeHouston District Office
713 209 3436713 209 3436
[email protected]@eeoc.gov
EEOC Information 1 800 669 EEOC Information 1 800 669 40004000
www.eeoc.govwww.eeoc.gov
This is not an official EEOC document and solely reflects the author’s views and is meant for technical assistance.
wouldn’t supervision be easier if you only worked with adults
IntroductionIntroduction
All organizations experience conflict. All organizations experience conflict. Most of this tension results from Most of this tension results from differences that exist because of differences that exist because of contrasting values. We make choices contrasting values. We make choices and decisions based on our value and decisions based on our value system, and differing values often lead system, and differing values often lead to misunderstandings and to misunderstandings and misinterpretation. This, in turn, misinterpretation. This, in turn, hampers our relationships and lessens hampers our relationships and lessens the effectiveness of our work togetherthe effectiveness of our work together
Let’s look at our Let’s look at our “backpacks” “backpacks” It’s what we “bring” to workIt’s what we “bring” to work It’s who I amIt’s who I am It’s my “stuff”It’s my “stuff”
A quick overview of A quick overview of real employment lawsreal employment laws Title VIITitle VII ADEAADEA EPAEPA ADAADA The rest of the storyThe rest of the story
The Civil Rights Act of 1964 The Civil Rights Act of 1964 Title Title
VII VII prohibits discrimination on prohibits discrimination on the basis of:the basis of:
RaceRace ColorColor Sex (including pregnancy discrimination)Sex (including pregnancy discrimination) Religion Religion National Origin (including ethnic National Origin (including ethnic
background and traits associated with background and traits associated with national origin, i.e., family surname, national origin, i.e., family surname, language or accent)language or accent)
The Age Discrimination The Age Discrimination in Employment Act in Employment Act (ADEA)(ADEA) Applies to employers with 20 or Applies to employers with 20 or
more employees.more employees. Applies to individuals who are Applies to individuals who are
age 40 and over.age 40 and over.
The Equal Pay Act The Equal Pay Act (EPA)(EPA)
Prohibits sex-based wage Prohibits sex-based wage discriminationdiscrimination
Includes fringe benefitsIncludes fringe benefits Applies when men and women Applies when men and women
perform substantially equal workperform substantially equal work
Title I of the Americans Title I of the Americans with Disabilities Act with Disabilities Act (ADA)(ADA)
Prohibits discrimination on the Prohibits discrimination on the basis of disability, including the basis of disability, including the requirement to provide a requirement to provide a reasonable accommodation to reasonable accommodation to persons with physical and/or persons with physical and/or mental limitations.mental limitations.
What is the truth?What is the truth?
Finished files are the result of years of scientific study combined with the experience of many years of experts.
Finished files are the result of years of scientific study combined with the experience of many years of experts. 7 of them!
The GenerationsThe Generations
There can currently There can currently be 4 defined be 4 defined generations observed generations observed in modern societyin modern society– The BuildersThe Builders– The BoomersThe Boomers– The X-ersThe X-ers– The N-GenThe N-Gen
Clash In ValuesClash In ValuesVALUES IN…VALUES IN… BUILDERSBUILDERS BOOMERSBOOMERS XERSXERS N-GENN-GEN
MOTHER MOTHER HomemakerHomemaker Working MotherWorking Mother Single MotherSingle Mother Single Mother/ FatherSingle Mother/ Father
FAMILYFAMILY Close FamilyClose Family Dispersed FamilyDispersed Family Latchkey KidsLatchkey Kids Looser Family StructureLooser Family Structure
MARRIAGE MARRIAGE Married OnceMarried Once Divorced/ RemarriedDivorced/ Remarried Single ParentSingle Parent UndeterminedUndetermined
HAIRHAIR Short HairShort Hair Long HairLong Hair Any Style HairAny Style Hair Bleached/ SpikedBleached/ Spiked
CLOTHESCLOTHES FormalFormal Casual Casual BizarreBizarre Anything GoesAnything Goes
MUSICMUSIC Big Band/ SwingBig Band/ Swing Rock 'n' RollRock 'n' Roll Alternative, RapAlternative, Rap Very DiverseVery Diverse
MONEYMONEY Save It NowSave It Now Buy It NowBuy It Now Want It NowWant It Now Get It Now (online)Get It Now (online)
PURCHASINGPURCHASING Purchase w/ CashPurchase w/ Cash Purchase w/ credit cardPurchase w/ credit card Struggling to PurchaseStruggling to Purchase Purchase OnlinePurchase Online
MARKETINGMARKETING Ford Marketing ConceptFord Marketing Concept GE Marketing ConceptGE Marketing Concept Ignored MarketIgnored Market Interactive Global MarketInteractive Global Market
HIGH-TECHHIGH-TECH Slide RuleSlide Rule Calculator Calculator ComputerComputer InternetInternet
WORK STYLEWORK STYLE Team WorkTeam Work Personal FulfillmentPersonal Fulfillment Tentative/ Divided LoyaltyTentative/ Divided Loyalty NetworkingNetworking
WARWAR Win a WarWin a War Why a War?Why a War? Watch A WarWatch A War Winless WarWinless War
MORALSMORALS Puritan EthicsPuritan Ethics SensualSensual CautiousCautious TolerantTolerant
Supervision 101Supervision 101
You want to be liked by your staff You want to be liked by your staff … but being liked is not part of … but being liked is not part of your job descriptionyour job description
Why not just be respected!Why not just be respected! What can you do when someone What can you do when someone
is not a good employee?is not a good employee?
Retaliation is Retaliation is Prohibited Prohibited
It is unlawful to penalize, punish or It is unlawful to penalize, punish or deny an employment benefit because deny an employment benefit because that person opposed discrimination or that person opposed discrimination or participated in any way (ex: as a participated in any way (ex: as a witness) in the investigation of a witness) in the investigation of a charge.charge.
Recordkeeping Recordkeeping RequirementsRequirements Payroll, personnel and employment Payroll, personnel and employment
action recordsaction records– Employers can comply with all of the laws Employers can comply with all of the laws
by retaining all payroll, personnel and by retaining all payroll, personnel and employment action records for 3 years.employment action records for 3 years.
– SUPERVISORS do you have any ….SUPERVISORS do you have any ….
– DOCUMENTATIONDOCUMENTATION
Medical Records and Medical Records and Information--Information--
Medical information about applicants Medical information about applicants and/or employees in a confidential and/or employees in a confidential medical file that is separate from the medical file that is separate from the personnel, payroll and employment personnel, payroll and employment action in a locked file cabinet.action in a locked file cabinet.
InterviewingInterviewingApplicantsApplicants
Job Application Job Application QuestionsQuestions
It is best to limit job application It is best to limit job application questions to basic identifying questions to basic identifying information information
(e.g. name, address, social security number)(e.g. name, address, social security number)
– Questions about job qualificationsQuestions about job qualifications– Questions related to the ability to Questions related to the ability to
perform essential functionsperform essential functions– Required licenses or degreesRequired licenses or degrees
Questions to avoid--Questions to avoid--
Are you pregnant?Are you pregnant? Do you plan to have children?Do you plan to have children? What is your date of birth?What is your date of birth? Are you married?Are you married? Do you have a disability?Do you have a disability? Do you need an accommodation to do this Do you need an accommodation to do this
job?job? Have you ever been treated for a mental Have you ever been treated for a mental
illness?illness?
IdentifyingIdentifyingandandPreventingPreventingWorkplaceWorkplaceHarassmentHarassment
HarassmentHarassment
Any unwelcome verbal or physical Any unwelcome verbal or physical conduct based on:conduct based on:– RaceRace– ColorColor– SexSex– ReligionReligion– National originNational origin– AgeAge– Disability Disability
Two Types of Two Types of HarassmentHarassment
1) Tangible Employment Action1) Tangible Employment Action– Only supervisors and managers can Only supervisors and managers can
subject an employee to tangible subject an employee to tangible employment action harassment because employment action harassment because only supervisors and managers have the only supervisors and managers have the authority needed to take a tangible authority needed to take a tangible employment action. employment action.
(hiring, benefits, promotion, demotion, discharge)(hiring, benefits, promotion, demotion, discharge)
2) Hostile Work Environment– Unwelcome comments or conduct based Unwelcome comments or conduct based
on race, color, sex, religion, national on race, color, sex, religion, national origin, age or disability unreasonably origin, age or disability unreasonably interferes with an employee’s work interferes with an employee’s work performance or creates an intimidating, performance or creates an intimidating, hostile or offensive work environment.hostile or offensive work environment.
– A hostile work environment can be created A hostile work environment can be created by a supervisor, manager, co-worker or by a supervisor, manager, co-worker or non-employee.non-employee.
– Includes, jokes, gestures, touching, graffiti, Includes, jokes, gestures, touching, graffiti, demeaning names or expressions, demeaning names or expressions, mocking behavior.mocking behavior.
Avoiding HarassmentAvoiding Harassment
Educate and MonitorEducate and Monitor
Listen and InvestigateListen and Investigate
Take Corrective ActionTake Corrective Action
As a supervisor you set the standardAs a supervisor you set the standard
Performance Performance EvaluationsEvaluations
Avoid allegations of discrimination Avoid allegations of discrimination by:by:– Making sure evaluation systems areMaking sure evaluation systems are
Understood by both supervisors and Understood by both supervisors and employeesemployees
Consistently appliedConsistently applied PredictablePredictable
Questions, concerns or Questions, concerns or criticisms ….criticisms ….
Your trainer for today:Your trainer for today:Joe BontkeJoe Bontke
Ombudsman &Ombudsman &Outreach ManagerOutreach Manager
EEOC Houston District OfficeEEOC Houston District Office(713) 209-3436(713) 209-3436
tty 713 209 3439tty 713 209 [email protected]@eeoc.gov
For EEOC information and to speak with a real person call
1 800 669 4000 and visit our website www.eeoc.gov
For training at your business or organization call one of our small business ombudspersons for a list go to: http://www.eeoc.gov/employers/contacteeoc.html
For Local TAPS (technical assistance program seminars) go to:
http://www.eeotraining.eeoc.gov/profile/web/index.evt?PKwebID=0x666c657