logging in or signing up Jeopardy aSGuest56 Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 383 Category: Entertainment License: All Rights Reserved Like it (0) Dislike it (0) Added: September 15, 2008 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Slide 1: 1 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION AND SEXUAL HARASSMENT AWARENESS TRAINING Presented by EEO Consultants, Inc. Cindy Mattson TOPICS COVERED : 2 TOPICS COVERED Overview of Title VI of Civil Rights of 1964 Sexual Harassment Other Forms Of Harassment Discrimination In The Workplace Laws Protecting Employees FDOT Internal Policies TOPICS COVERED continued…. : TOPICS COVERED continued…. Reporting Requirements Employees’ Responsibilities Retaliation EEO Updates Conflict Resolution 3 OBJECTIVES : 4 OBJECTIVES Be able to identify unlawful discrimination Strengthen employees’ knowledge of Federal and State employment laws Understand the Department’s complaint procedures Be familiar with the rights, responsibilities and liabilities regarding discrimination for all personnel Differentiate between acceptable and unacceptable behavior in the workplace FLORIDA DEPARTMENT OF TRANSPORTATION : FLORIDA DEPARTMENT OF TRANSPORTATION 5 As an employer the Department must adhere to federal and state laws to prevent discrimination. As a provider of services and as an recipient of federal funds, the Department must assure non-discrimination in providing services and funding. Slide 6: 6 FDOT &TITLE VI : FDOT &TITLE VI Title VI prohibits discrimination in federally assisted programs. Title VI applies to public and private entities that are the direct or indirect recipients of federal funds. FDOT as a recipient of federal funds, must ensure non-discrimination in ALL programs it administers. FDOT must ensure that it’s contractors, grantees and sub-recipients do not discriminate in any of their programs. 7 TITLE VI STATES THAT… : TITLE VI STATES THAT… No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under ANY program or activity receiving federal assistance. 8 FDOT MUST ENSURE… : FDOT MUST ENSURE… Contractors, grantees and sub-recipients do not discriminate against: Individuals or Entities associated with disabilities; In providing or denying programs, services and benefits; In access to communication through auxiliary aids; In “program access” for existing facilities or new construction and alterations; Access to services for persons whose primary language is not English. 9 WHO ARE CONTRACTORS GRANTEES, & SUB RECIPIENTS? : WHO ARE CONTRACTORS GRANTEES, & SUB RECIPIENTS? Metropolitan Planning Organizations (MPOs) Cities Counties 10 FILING A COMPLAINT : FILING A COMPLAINT Affected individual or a representative; Must be in writing; Must be filed no later than 180 days after the alleged act of discrimination or date the person (s) became aware of the alleged discrimination or; Longer only where there is a continuing course of discriminatory conduct. 11 WHERE TO FILE A TITLE VI COMPLAINT : WHERE TO FILE A TITLE VI COMPLAINT The Department (State Title VI Administrator, District Title VI Officer or District Title VI Program Area Officer) Federal Highway Administration (FHWA) United States Department of Transportation (USDOT) United States Department of Justice (USDOJ) Recipients and sub-recipients of federal funds 12 WHY HAVE TRAINING? : 13 WHY HAVE TRAINING? Statistically complaints decrease Correlation between mandating training & fewer EEO complaints filed Value to Organization Comments and concerns taken from evaluations over the past 4 Years Slide 14: 14 OVERVIEW OF OTHER FEDERAL EEO LAWS : 15 OVERVIEW OF OTHER FEDERAL EEO LAWS Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 Age Discrimination Act of 1967 (ADEA) Pregnancy Discrimination Act of 1978 Title I of the Americans with Disabilities Act of 1990 (ADA) Race Color Religion Sex National Origin OVERVIEW OF LAWS AND POLICIES : 16 OVERVIEW OF LAWS AND POLICIES State Laws Florida Civil Rights Act AIDS Discrimination Marital Status City and County Ordinances Sexual Orientation Political Affiliation FDOT Conduct Standards Broader than Federal and State Laws Race, color, religion, sex, national origin, age, disability, or marital status FDOT POLICIES AND CONDUCT STANDARDS : 17 FDOT POLICIES AND CONDUCT STANDARDS Ensure EEO for employees & applicants Promote NO Tolerance Rule for sexual harassment Prohibit discrimination in employment Provide guide for requesting ADA Accommodation Establish reporting requirements for complaints Outline Managers’ duties HOW EEO LAWS AND POLICIES AFFECT EMPLOYEES IN THE WORKPLACE : 18 HOW EEO LAWS AND POLICIES AFFECT EMPLOYEES IN THE WORKPLACE They clarify what behavior is considered appropriate for the workplace They establish boundaries to guide how we should interact with each other in the workplace Understanding how these laws affect us is key to complying with these laws and policies EMPLOYMENT DISCRIMINATION : 19 EMPLOYMENT DISCRIMINATION An employment action is discrimination if it is based on a person’s membership in one of the protected classes: Race Color Religion Sex National Origin Age Disability Marital Status EMPLOYERS MAY NOT DISCRIMINATE IN TANGIBLE JOB BENEFITS, SUCH AS: : 20 EMPLOYERS MAY NOT DISCRIMINATE IN TANGIBLE JOB BENEFITS, SUCH AS: Hiring Promotion Good/Bad Evaluations Disciplinary Action or Termination Compensation Terms of Employment Conditions of Employment Privileges Training GENDER DISCRIMINATION : 21 GENDER DISCRIMINATION Equal Pay Act of 1963 prohibits gender discrimination in compensation Pregnancy Discrimination Act of 1978 Title VII of the Civil Rights Act of 1964 prohibits gender discrimination in employment decisions EQUAL PAY ACT OF 1963 : 22 EQUAL PAY ACT OF 1963 Prohibits Discrimination in payment of wages to women and men performing: Substantially equal work Jobs that require equal skill, effort and responsibility Under similar working conditions At the same establishment PREGNANCY DISCRIMINATION : 21 PREGNANCY DISCRIMINATION Can a woman claim discrimination based on the possibility of becoming pregnant? Kodak v. Community Health Partners of Ohio, 400 F.3d 466 (6th Cir. 2005) Yes Is Pregnancy Discrimination a form of Sexual Harassment? No. But it is a form of gender discrimination There are some limitations on jobs pregnant women can perform SEXUAL HARASSMENT : 24 SEXUAL HARASSMENT Title VII of the Civil Rights Act of 1964, prohibits discrimination in employment on the basis of sex. Sexual harassment is a form of sex discrimination. SEXUAL HARASSMENTEEOC GUIDELINES : 25 SEXUAL HARASSMENTEEOC GUIDELINES Unwelcome sexual conduct, sexual advances, requests for sexual favors and other verbal and non-verbal conduct of a sexual nature, when: Submission to conduct is implicitly or explicitly a term of employment Submission to or rejection of conduct is used to base employment decisions Such conduct creates a hostile work environment SEXUAL HARASSMENT : 26 SEXUAL HARASSMENT Two Types of Sexual Harassment Quid pro Quo Hostile Work Environment QUID PRO QUO SEXUAL HARASSMENT : 27 QUID PRO QUO SEXUAL HARASSMENT Who Can Commit It? What is Required for Quid pro Quo Sexual Harassment? QUID PRO QUO OR TANGIBLE JOB BENEFIT HARASSMENT : 28 QUID PRO QUO OR TANGIBLE JOB BENEFIT HARASSMENT Committed by a Supervisor or Someone with Power Over the Employee Demands Can be Implicit or Explicit One Instance is Sufficient for Liability Manager Can be Held Personally Liable Sexual Favors in Exchange for Job Benefits QUID PRO QUO : 29 QUID PRO QUO Must Affect a Tangible Job Benefit Hiring Good/Bad Evaluations Disciplinary Action Terms of Employment Training Compensation Termination Promotion Privileges Conditions of Employment HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT : 30 HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT Who Can Commit Hostile Work Environment Sexual Harassment? Does it make a difference if the comments or conduct occurs outside the workplace between co-workers? HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENTNO TANGIBLE JOB BENEFIT HARASSMENT : 31 HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENTNO TANGIBLE JOB BENEFIT HARASSMENT Sexual comments or conduct made by a supervisor, coworker or non-employee that unreasonably interferes with the employee’s ability to perform their job functions creating a hostile, intimidating or offensive work environment. HOSTILE WORK ENVIRONMENT : 32 HOSTILE WORK ENVIRONMENT Must be Severe or Pervasive Frequency and Severity of conduct is at Issue Reasonable Person in that person’s shoes Can be committed by anyone Harasser can be held personally liable CHANGES THE TERMS AND CONDITIONS OF EMPLOYMENT : 33 CHANGES THE TERMS AND CONDITIONS OF EMPLOYMENT More than Isolated incidents Is it physically threatening or humiliating? A single offensive utterance? Is it unreasonably interfering with an employee's work performance? MADISON SQUARE GARDEN & CHAIRMAN MUST PAY $11.6 MILLION TO FORMER EXECUTIVE : MADISON SQUARE GARDEN & CHAIRMAN MUST PAY $11.6 MILLION TO FORMER EXECUTIVE Jury awarded $2.6 M in Punitive Damages Testimony without witnesses but season ticket holder says Thomas told him “she was doing a terrific job but it could be distracting to work next to someone so easy on the eyes Witness says she pulled away from Thomas when he had his arm around her Hugged her and told her he loved her 34 REMEMBER…..IT’S NOT YOUR INTENT, BUT RATHER HOW IT IS RECEIVED… : 35 REMEMBER…..IT’S NOT YOUR INTENT, BUT RATHER HOW IT IS RECEIVED… SEXUAL HARASSMENT : SEXUAL HARASSMENT Only considered from victim’s perspective Rise to stalking or criminal conduct Legally must rise to level of being severe or pervasive Only considered from a reasonable woman’s perspective 36 Slide 37: 37 SEXUAL HARASSMENT CASES WILL Consider whether it is physically threatening The court looks at frequency and severity of comments and or conduct The comments or conduct must unreasonably interfere with the employees’ ability to perform their job All of the above PRICE V. ROANOKE CITY BOARDS OF EDUCATION Case No. 3:06-cv-742-MEF (M.D. Ala. 10/26/2007) : PRICE V. ROANOKE CITY BOARDS OF EDUCATION Case No. 3:06-cv-742-MEF (M.D. Ala. 10/26/2007) Comments of a personal and sexual nature such as: Pretty legs Ask to see her pretty green eye Wished he had met her before her husband had You look good enough to eat Touched her cheeks, hands, shoulders 38 HISTORIC U.S. SUPREME COURT SEXUAL HARASSMENT CASES : 39 HISTORIC U.S. SUPREME COURT SEXUAL HARASSMENT CASES Strict liability for quid pro quo harassment because the “Agency Principle” applies to Management Employer can present a valid defense when… No tangible job benefit is affected The employer can show that it took reasonable care to prevent and promptly correct the conduct The victim failed to take advantage of preventative or corrective opportunities HOSTILE WORK ENVIRONMENT : 40 HOSTILE WORK ENVIRONMENT Computer Jokes Flirting with Co-workers Complimenting Co-workers Inappropriate Behavior Private Conversations HOSTILE WORK ENVIRONMENT : 41 HOSTILE WORK ENVIRONMENT Even if it Doesn’t Rise to the Legal Level, These Incidents Can Disrupt the Workplace He Said, She Said Incidents: Sometimes the Situation Ends Without a Definitive Conclusion of Guilt or Innocence Appropriate vs. Inappropriate Conversations THIRD PARTY HARASSMENT : 42 THIRD PARTY HARASSMENT Doesn’t have to be the person the conduct is directed to if others are subject to an adverse employment action based on harassment Words or conduct can be overheard or witnessed and create a hostile work environment for someone else EXAMPLE OF THIRD PARTY SEXUAL HARASSMENT : 43 EXAMPLE OF THIRD PARTY SEXUAL HARASSMENT Miller v. Department of Corrections, 36 Cal. 4th 446 (2005) Third Party Harassment Sexual Favoritism and Sexual Harassment Slide 44: 44 An effeminate transgendered male police officer is demoted for not conforming to the male stereotypes of his co-workers. Would this be considered: 1. Quid pro quo sexual harassment 2. Hostile work environment sexual harassment 3. Discrimination based on gender 4. None of the above. This is not a violation of employment laws. SEXUAL HARASSMENT OR GENDER DISCRIMINATION : SEXUAL HARASSMENT OR GENDER DISCRIMINATION If a member of one sex is exposed to disadvantageous terms of employment and members of the opposite sex are not, is this most likely… Sexual Harassment by the Supervisor Gender Discrimination 45 Questions on Sexual HarassmentGender Discrimination or Related Topics? : 46 Questions on Sexual HarassmentGender Discrimination or Related Topics? RACIAL HARASSMENT : 47 RACIAL HARASSMENT Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race and color Same principles of harassment apply Must create a “hostile work environment” to a reasonable person in that person’s shoes Third Party Harassment EXAMPLE OF RACIAL HARASSMENT : 48 EXAMPLE OF RACIAL HARASSMENT North Carolina Department of Transportation Jordan v. City of Cleveland, No. 04-3389 (6th Cir. 07/06/2006) Workforce did not reflect local population Very few Black Assistant Chiefs, Battalion, Fire Captains, or Lieutenants White Firefighters labeled the station house where most Blacks were stationed as "Monkey Island" EXAMPLE OF RACIAL DISCRIMINATION : 49 EXAMPLE OF RACIAL DISCRIMINATION Horsford v. Bd. of Trustees of California State Univ., 132 Cal. App. 4th 359, 33 Cal. Rptr. 3d 644 (2005) Racial Discrimination in Employment Actions Reverse Discrimination RACIAL HARASSMENT OCCURS WHEN… : RACIAL HARASSMENT OCCURS WHEN… The supervisor refuses to promote employee based on their race Co-workers make disparaging comments about someone’s race Both of the above 50 LEGAL CASE OF RACIAL HARASSMENT REQUIRES : LEGAL CASE OF RACIAL HARASSMENT REQUIRES Testimony that a racial comment was made Show the comments or conduct rose to the level of creating a hostile work environment to a reasonable person taken from their perspective Employee told a racial joke and another employee laughed 51 Questions on Racial Harassment and or Discrimination? : 52 Questions on Racial Harassment and or Discrimination? NATIONAL ORIGIN : 53 NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of National Origin which includes: Discrimination based on foreign accent Discrimination based on foreign dress English only rules without business necessity reason Nationality EXAMPLE OF NATIONAL ORIGIN DISCRIMINATION : 54 EXAMPLE OF NATIONAL ORIGIN DISCRIMINATION Waite v. Board of Trustees of Illinois Community College District No. 508, 408 F.3d 339 (7th Cir. 2005) Derogatory Comments by Supervisor Disparate Treatment in Disciplinary Actions EMPLOYER USE ACCENT TO PROHIBIT HIRING? : EMPLOYER USE ACCENT TO PROHIBIT HIRING? If it is not a southern accent and therefore not locally accepted If it sounds too foreign If it is an English accent from England If it is so pronounced such that the person cannot be understood and it is part of the job requirement 55 Questions on National Origin Discrimination and or Harassment? : 56 Questions on National Origin Discrimination and or Harassment? RELIGIOUS DISCRIMINATION : 57 RELIGIOUS DISCRIMINATION Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of religion Employer cannot: Fail or refuse to hire Discharge Discriminate against with respect to compensation, terms, conditions, or privileges of employment IT MAY BE RELIGIOUS DISCRIMINATION IF…. : 58 IT MAY BE RELIGIOUS DISCRIMINATION IF…. Employee holds a bona fide religious belief in conflict with a requirement of employment The employee has Informed the employer of his/her belief Employee has been disciplined for failing to comply with the employer’s requirement EXAMPLE OF RELIGIOUS DISCRIMINATION : 59 EXAMPLE OF RELIGIOUS DISCRIMINATION Peterson v. Hewlett Packard Co., 358 F.3d 599 (9th Cir. 2004) Religious beliefs do not supersede Equal Employment Opportunity Laws or Policies EXAMPLE OF RELIGIOUS DISCRIMINATION : 60 EXAMPLE OF RELIGIOUS DISCRIMINATION Laber v. Harvey, 438 F.3d 4th Cir. (02/16/2006) Managers cannot base employment decisions on an individual’s religious background or beliefs WHEN IS A RELIGIOUS ACCOMMODATION NOT REQUIRED? : 61 WHEN IS A RELIGIOUS ACCOMMODATION NOT REQUIRED? If allowing accommodation requires more than ordinary administrative costs creating an undue hardship on employer Undue hardship occurs whenever an employer claims that it cannot afford "any reasonable accommodation without such a hardship" IS A RELIGIOUS ACCOMODATION REQUIRED? : 62 IS A RELIGIOUS ACCOMODATION REQUIRED? Muslim employee claims religious discrimination when school district refuses to allow her to wear her hijab (holy scarf) Is this religious discrimination? Does the employer have to revise the dress code in order to accommodate her request? Would it make a difference if the employee was a police officer? Questions on Religious Discrimination and or Harassment? : 63 Questions on Religious Discrimination and or Harassment? AMERICANS WITH DISABILITIES ACT of 1990 : 64 AMERICANS WITH DISABILITIES ACT of 1990 Prohibits discrimination in employment decisions and treatment Requires reasonable accommodation considering undue hardship and business necessity Requires interactive process and good faith efforts REQUIREMENTS UNDER THE ACT : 65 REQUIREMENTS UNDER THE ACT Qualified employee or applicant must still be able to perform the essential functions of the position with or without a reasonable accommodation Disability is measured after considering mitigating factors to correct the impairment ADA PROHIBITS DISCRIMINATION : 66 ADA PROHIBITS DISCRIMINATION Against an individual because of his/her own disability or association with a disabled person Making inquiries into the existence of, nature of or severity of a job applicant’s or employee’s disability Employers cannot require medical examinations of job applicants because they suspect a disability unless required of all applicants/or before a conditional offer of employment is made ADA COVERS THE FOLLOWING: : 67 ADA COVERS THE FOLLOWING: Employee or Applicant that has a substantially limiting physical or mental impairment Impairment makes it unable for employee or applicant to perform a major life function that the average person can perform or be significantly restricted in the condition, manner or duration that the average person can perform that activity Employee or Applicant has a record of such an impairment Employee or Applicant Is regarded as having such an impairment CONDITIONS NOT COVERED BY ADA : 68 CONDITIONS NOT COVERED BY ADA Homosexuality Transsexuality Compulsive Gambling Sex Addictions Bad Tempers Individuals with Current Drug Addictions or Current Alcoholism Individuals Under Stress Pyromania Where the employee might cause a direct threat to themselves or others REASONABLE ACCOMMODATIONS : 69 REASONABLE ACCOMMODATIONS Making existing facilities accessible Job restructuring Modification of work schedule Reassignment Modifying equipment Providing readers or interpreters REQUESTING ACCOMMODATIONS : 70 REQUESTING ACCOMMODATIONS Reasonable Accommodations Follow Department policy by discussing issue with your Supervisor and/or Personnel, Intake Officer or EOO Managers should contact Personnel or the EOO Must Document Interactive Process New Procedure to request an accommodation Questions on Disability Discrimination, Harassment and or Accommodations? : Questions on Disability Discrimination, Harassment and or Accommodations? 71 AGE DISCRIMINATION : 72 AGE DISCRIMINATION Federal law protects employees & applicants 40 years old or older Florida employees can file a state claim for age discrimination which covers all ages AGE DISCRIMINATION : 73 AGE DISCRIMINATION The ADEA does not protect younger employees who constitute a disadvantaged group General Dynamics Land Systems, Inc., v. Cline, 540 U.S. 581 (2004) AFFIRMATIVE ACTION AT FDOT : 74 AFFIRMATIVE ACTION AT FDOT What is Affirmative Action at FDOT? Compare incumbency of females and minorities performing specific jobs to the availability of those groups in the reasonable recruitment area Where the incumbency in that job group is less than availability, establish an economic parity goal Take Good Faith Efforts to recruit qualified minorities and females Managers must still make all hiring and other personnel decisions based on qualifications even where there is a goal MANAGERS’ RESPONSIBILITIES : 75 MANAGERS’ RESPONSIBILITIES Set An Example Notify EOO, Intake Officer Or Personnel even if you don’t think it’s a legal issue Protect both parties Do not Retaliate Do not investigate alone Maintain confidentiality Do not make considerable accommodations involving purchases without contacting Personnel, Intake Officer or the EOO Religious Disabilities RETALIATION : 76 RETALIATION Managers’ duty To report Managers’ good intentions Avoid retaliation Wait for investigation process Giving employment references Gossiping about workplace issues Recent changes in what constitutes retaliation MATERIALLY ADVERSE EMPLOYMENT ACTION BY SUPERVISOR : 77 MATERIALLY ADVERSE EMPLOYMENT ACTION BY SUPERVISOR Harassment by a supervisor with or without a tangible employment action (b) Retaliatory harassment with a tangible employment action such as: “Materially adverse" action Ostracizing employee Different Treatment Bad Performance Evaluations Negative Employment Actions REMEMBER YOU DON’T NECESSARILY KNOW THE SENSITIVITY OF YOUR CO-WORKERS : 78 REMEMBER YOU DON’T NECESSARILY KNOW THE SENSITIVITY OF YOUR CO-WORKERS BUILDING A RESPECTFUL WORKPLACE KEEPING YOUR PRIVATE LIFE PRIVATE : 79 KEEPING YOUR PRIVATE LIFE PRIVATE Business v. Private Conversations Subjectivity of Harassment Laws How is the Conversation Received Is What’s Important MAKE SURE YOUR BEHAVIOR IS APPROPRIATE FOR THE WORKPLACE : 80 MAKE SURE YOUR BEHAVIOR IS APPROPRIATE FOR THE WORKPLACE ADAPT YOUR ACTIONS TO THE ENVIRONMENT Religious institutions Around children With relatives We change our behavior to our surroundings Even if the Workplace has a Casual Environment… The Workplace is Formal! Filter Your Conversations and Behavior! THINK BEFORE YOU SPEAK OR ACT… : 81 THINK BEFORE YOU SPEAK OR ACT… Who is around? Are the comments appropriate? COMPLIMENTING CO-WORKERS : 82 COMPLIMENTING CO-WORKERS Make it work related Compliment their work product Complimenting someone’s attire can be taken the wrong way Some people are in-artful in the manner of complimenting When in doubt…Leave it Out! FLIRTING OR DATING AT WORK : 83 FLIRTING OR DATING AT WORK Is asking someone on a date sexual harassment? No Means No Once you know that conduct is unwelcome, you are required to cease that conduct CONSENSUAL RELATIONSHIPS IN THE WORKPLACE : 84 CONSENSUAL RELATIONSHIPS IN THE WORKPLACE Sometimes a mutual, flirting, socializing relationship can change What should an employee do when a coworker/friend changes the relationship and the flirting and or social exchanges are not reciprocated? KNOW FDOT POLICIES : 85 Internet and Email Policies Appropriate Use of FDOT Property Workspace is not Your Space Conduct Unbecoming of Agency Rules Disciplinary Action Up to and Including Termination for Violations KNOW FDOT POLICIES SPEAK UP… : 86 SPEAK UP… There are multiple avenues you can use to report Let harassers know that their conduct is unwelcome and that they must stop immediately If the conduct does not cease, report it to management Victims Have Duties to Report If you do not feel comfortable confronting the harasser directly, contact the local Intake Officer, management, Personnel or the EO Office to make a complaint REPORTING EEO ISSUES : 87 Internal Complaint Procedures & Forms FDOT Infonet Intranet: Employment Discrimination Complaints: 275-010-001 REPORTING EEO ISSUES CONTACT INFORMATION : 88 CONTACT INFORMATION Equal Opportunity Office: Kathy Martin, Investigations & Training Manager 850-414-4762 Debra McCall, Civil Rights Analyst 850-414-4748 Mary Ash, Civil Rights Analyst 850-414-4764 Charlotte Thomas State Title VI Administrator 850-414 4753 District Intake Officers Personnel Office EXTERNAL REPORTING : 89 EXTERNAL REPORTING EEOC Complaints must be filed within 300 days TAMPA 501 East Polk Street, Suite 1000 Tampa, FL 33602 Phone:813-228-2310 MIAMI One Biscayne Tower South Biscayne Blvd., Suite 2700 Miami, Florida 33131 Phone:305-808-1740 FLORIDA COMMISSION ON HUMAN RELATIONS Complaints must be filed within 365 days (850) 488-7082 2009 Apalachee ParkwaySuite 100Tallahassee, Florida 32301 fchrinfo@fchr.myflorida.com HOW LONG DO DEPARTMENT EMPLOYEES HAVE TO FILE AN INTERNAL COMPLAINT BASED ON EMPLOYMENT DISCRIMINATION? : HOW LONG DO DEPARTMENT EMPLOYEES HAVE TO FILE AN INTERNAL COMPLAINT BASED ON EMPLOYMENT DISCRIMINATION? 6 MONTHS 6 WEEKS 180 DAYS 3 YEARS 90 HOW SHOULD DEPARTMENT EMPLOYEES FILE COMPLAINTS? : HOW SHOULD DEPARTMENT EMPLOYEES FILE COMPLAINTS? CONTACT THEIR MANAGER CONTACT THEIR MANAGER’S SUPERVISOR WRITE TO THE GOVERNOR CONTACT THE EOO, LOCAL DISTRICT INTAKE OFFICER, ANYONE IN PERSONNEL OFFICE 91 WHERE DO DEPARTMENT EMPLOYEES FIND COMPLAINT FORMS AND PROCEDURES? : WHERE DO DEPARTMENT EMPLOYEES FIND COMPLAINT FORMS AND PROCEDURES? 92 Slide 93: 93 EEO, Sexual Harassment Awareness and Affirmative Action Training EEO Consultants, Inc. Cindy Mattson You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
Jeopardy aSGuest56 Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 383 Category: Entertainment License: All Rights Reserved Like it (0) Dislike it (0) Added: September 15, 2008 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Slide 1: 1 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION AND SEXUAL HARASSMENT AWARENESS TRAINING Presented by EEO Consultants, Inc. Cindy Mattson TOPICS COVERED : 2 TOPICS COVERED Overview of Title VI of Civil Rights of 1964 Sexual Harassment Other Forms Of Harassment Discrimination In The Workplace Laws Protecting Employees FDOT Internal Policies TOPICS COVERED continued…. : TOPICS COVERED continued…. Reporting Requirements Employees’ Responsibilities Retaliation EEO Updates Conflict Resolution 3 OBJECTIVES : 4 OBJECTIVES Be able to identify unlawful discrimination Strengthen employees’ knowledge of Federal and State employment laws Understand the Department’s complaint procedures Be familiar with the rights, responsibilities and liabilities regarding discrimination for all personnel Differentiate between acceptable and unacceptable behavior in the workplace FLORIDA DEPARTMENT OF TRANSPORTATION : FLORIDA DEPARTMENT OF TRANSPORTATION 5 As an employer the Department must adhere to federal and state laws to prevent discrimination. As a provider of services and as an recipient of federal funds, the Department must assure non-discrimination in providing services and funding. Slide 6: 6 FDOT &TITLE VI : FDOT &TITLE VI Title VI prohibits discrimination in federally assisted programs. Title VI applies to public and private entities that are the direct or indirect recipients of federal funds. FDOT as a recipient of federal funds, must ensure non-discrimination in ALL programs it administers. FDOT must ensure that it’s contractors, grantees and sub-recipients do not discriminate in any of their programs. 7 TITLE VI STATES THAT… : TITLE VI STATES THAT… No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under ANY program or activity receiving federal assistance. 8 FDOT MUST ENSURE… : FDOT MUST ENSURE… Contractors, grantees and sub-recipients do not discriminate against: Individuals or Entities associated with disabilities; In providing or denying programs, services and benefits; In access to communication through auxiliary aids; In “program access” for existing facilities or new construction and alterations; Access to services for persons whose primary language is not English. 9 WHO ARE CONTRACTORS GRANTEES, & SUB RECIPIENTS? : WHO ARE CONTRACTORS GRANTEES, & SUB RECIPIENTS? Metropolitan Planning Organizations (MPOs) Cities Counties 10 FILING A COMPLAINT : FILING A COMPLAINT Affected individual or a representative; Must be in writing; Must be filed no later than 180 days after the alleged act of discrimination or date the person (s) became aware of the alleged discrimination or; Longer only where there is a continuing course of discriminatory conduct. 11 WHERE TO FILE A TITLE VI COMPLAINT : WHERE TO FILE A TITLE VI COMPLAINT The Department (State Title VI Administrator, District Title VI Officer or District Title VI Program Area Officer) Federal Highway Administration (FHWA) United States Department of Transportation (USDOT) United States Department of Justice (USDOJ) Recipients and sub-recipients of federal funds 12 WHY HAVE TRAINING? : 13 WHY HAVE TRAINING? Statistically complaints decrease Correlation between mandating training & fewer EEO complaints filed Value to Organization Comments and concerns taken from evaluations over the past 4 Years Slide 14: 14 OVERVIEW OF OTHER FEDERAL EEO LAWS : 15 OVERVIEW OF OTHER FEDERAL EEO LAWS Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 Age Discrimination Act of 1967 (ADEA) Pregnancy Discrimination Act of 1978 Title I of the Americans with Disabilities Act of 1990 (ADA) Race Color Religion Sex National Origin OVERVIEW OF LAWS AND POLICIES : 16 OVERVIEW OF LAWS AND POLICIES State Laws Florida Civil Rights Act AIDS Discrimination Marital Status City and County Ordinances Sexual Orientation Political Affiliation FDOT Conduct Standards Broader than Federal and State Laws Race, color, religion, sex, national origin, age, disability, or marital status FDOT POLICIES AND CONDUCT STANDARDS : 17 FDOT POLICIES AND CONDUCT STANDARDS Ensure EEO for employees & applicants Promote NO Tolerance Rule for sexual harassment Prohibit discrimination in employment Provide guide for requesting ADA Accommodation Establish reporting requirements for complaints Outline Managers’ duties HOW EEO LAWS AND POLICIES AFFECT EMPLOYEES IN THE WORKPLACE : 18 HOW EEO LAWS AND POLICIES AFFECT EMPLOYEES IN THE WORKPLACE They clarify what behavior is considered appropriate for the workplace They establish boundaries to guide how we should interact with each other in the workplace Understanding how these laws affect us is key to complying with these laws and policies EMPLOYMENT DISCRIMINATION : 19 EMPLOYMENT DISCRIMINATION An employment action is discrimination if it is based on a person’s membership in one of the protected classes: Race Color Religion Sex National Origin Age Disability Marital Status EMPLOYERS MAY NOT DISCRIMINATE IN TANGIBLE JOB BENEFITS, SUCH AS: : 20 EMPLOYERS MAY NOT DISCRIMINATE IN TANGIBLE JOB BENEFITS, SUCH AS: Hiring Promotion Good/Bad Evaluations Disciplinary Action or Termination Compensation Terms of Employment Conditions of Employment Privileges Training GENDER DISCRIMINATION : 21 GENDER DISCRIMINATION Equal Pay Act of 1963 prohibits gender discrimination in compensation Pregnancy Discrimination Act of 1978 Title VII of the Civil Rights Act of 1964 prohibits gender discrimination in employment decisions EQUAL PAY ACT OF 1963 : 22 EQUAL PAY ACT OF 1963 Prohibits Discrimination in payment of wages to women and men performing: Substantially equal work Jobs that require equal skill, effort and responsibility Under similar working conditions At the same establishment PREGNANCY DISCRIMINATION : 21 PREGNANCY DISCRIMINATION Can a woman claim discrimination based on the possibility of becoming pregnant? Kodak v. Community Health Partners of Ohio, 400 F.3d 466 (6th Cir. 2005) Yes Is Pregnancy Discrimination a form of Sexual Harassment? No. But it is a form of gender discrimination There are some limitations on jobs pregnant women can perform SEXUAL HARASSMENT : 24 SEXUAL HARASSMENT Title VII of the Civil Rights Act of 1964, prohibits discrimination in employment on the basis of sex. Sexual harassment is a form of sex discrimination. SEXUAL HARASSMENTEEOC GUIDELINES : 25 SEXUAL HARASSMENTEEOC GUIDELINES Unwelcome sexual conduct, sexual advances, requests for sexual favors and other verbal and non-verbal conduct of a sexual nature, when: Submission to conduct is implicitly or explicitly a term of employment Submission to or rejection of conduct is used to base employment decisions Such conduct creates a hostile work environment SEXUAL HARASSMENT : 26 SEXUAL HARASSMENT Two Types of Sexual Harassment Quid pro Quo Hostile Work Environment QUID PRO QUO SEXUAL HARASSMENT : 27 QUID PRO QUO SEXUAL HARASSMENT Who Can Commit It? What is Required for Quid pro Quo Sexual Harassment? QUID PRO QUO OR TANGIBLE JOB BENEFIT HARASSMENT : 28 QUID PRO QUO OR TANGIBLE JOB BENEFIT HARASSMENT Committed by a Supervisor or Someone with Power Over the Employee Demands Can be Implicit or Explicit One Instance is Sufficient for Liability Manager Can be Held Personally Liable Sexual Favors in Exchange for Job Benefits QUID PRO QUO : 29 QUID PRO QUO Must Affect a Tangible Job Benefit Hiring Good/Bad Evaluations Disciplinary Action Terms of Employment Training Compensation Termination Promotion Privileges Conditions of Employment HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT : 30 HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT Who Can Commit Hostile Work Environment Sexual Harassment? Does it make a difference if the comments or conduct occurs outside the workplace between co-workers? HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENTNO TANGIBLE JOB BENEFIT HARASSMENT : 31 HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENTNO TANGIBLE JOB BENEFIT HARASSMENT Sexual comments or conduct made by a supervisor, coworker or non-employee that unreasonably interferes with the employee’s ability to perform their job functions creating a hostile, intimidating or offensive work environment. HOSTILE WORK ENVIRONMENT : 32 HOSTILE WORK ENVIRONMENT Must be Severe or Pervasive Frequency and Severity of conduct is at Issue Reasonable Person in that person’s shoes Can be committed by anyone Harasser can be held personally liable CHANGES THE TERMS AND CONDITIONS OF EMPLOYMENT : 33 CHANGES THE TERMS AND CONDITIONS OF EMPLOYMENT More than Isolated incidents Is it physically threatening or humiliating? A single offensive utterance? Is it unreasonably interfering with an employee's work performance? MADISON SQUARE GARDEN & CHAIRMAN MUST PAY $11.6 MILLION TO FORMER EXECUTIVE : MADISON SQUARE GARDEN & CHAIRMAN MUST PAY $11.6 MILLION TO FORMER EXECUTIVE Jury awarded $2.6 M in Punitive Damages Testimony without witnesses but season ticket holder says Thomas told him “she was doing a terrific job but it could be distracting to work next to someone so easy on the eyes Witness says she pulled away from Thomas when he had his arm around her Hugged her and told her he loved her 34 REMEMBER…..IT’S NOT YOUR INTENT, BUT RATHER HOW IT IS RECEIVED… : 35 REMEMBER…..IT’S NOT YOUR INTENT, BUT RATHER HOW IT IS RECEIVED… SEXUAL HARASSMENT : SEXUAL HARASSMENT Only considered from victim’s perspective Rise to stalking or criminal conduct Legally must rise to level of being severe or pervasive Only considered from a reasonable woman’s perspective 36 Slide 37: 37 SEXUAL HARASSMENT CASES WILL Consider whether it is physically threatening The court looks at frequency and severity of comments and or conduct The comments or conduct must unreasonably interfere with the employees’ ability to perform their job All of the above PRICE V. ROANOKE CITY BOARDS OF EDUCATION Case No. 3:06-cv-742-MEF (M.D. Ala. 10/26/2007) : PRICE V. ROANOKE CITY BOARDS OF EDUCATION Case No. 3:06-cv-742-MEF (M.D. Ala. 10/26/2007) Comments of a personal and sexual nature such as: Pretty legs Ask to see her pretty green eye Wished he had met her before her husband had You look good enough to eat Touched her cheeks, hands, shoulders 38 HISTORIC U.S. SUPREME COURT SEXUAL HARASSMENT CASES : 39 HISTORIC U.S. SUPREME COURT SEXUAL HARASSMENT CASES Strict liability for quid pro quo harassment because the “Agency Principle” applies to Management Employer can present a valid defense when… No tangible job benefit is affected The employer can show that it took reasonable care to prevent and promptly correct the conduct The victim failed to take advantage of preventative or corrective opportunities HOSTILE WORK ENVIRONMENT : 40 HOSTILE WORK ENVIRONMENT Computer Jokes Flirting with Co-workers Complimenting Co-workers Inappropriate Behavior Private Conversations HOSTILE WORK ENVIRONMENT : 41 HOSTILE WORK ENVIRONMENT Even if it Doesn’t Rise to the Legal Level, These Incidents Can Disrupt the Workplace He Said, She Said Incidents: Sometimes the Situation Ends Without a Definitive Conclusion of Guilt or Innocence Appropriate vs. Inappropriate Conversations THIRD PARTY HARASSMENT : 42 THIRD PARTY HARASSMENT Doesn’t have to be the person the conduct is directed to if others are subject to an adverse employment action based on harassment Words or conduct can be overheard or witnessed and create a hostile work environment for someone else EXAMPLE OF THIRD PARTY SEXUAL HARASSMENT : 43 EXAMPLE OF THIRD PARTY SEXUAL HARASSMENT Miller v. Department of Corrections, 36 Cal. 4th 446 (2005) Third Party Harassment Sexual Favoritism and Sexual Harassment Slide 44: 44 An effeminate transgendered male police officer is demoted for not conforming to the male stereotypes of his co-workers. Would this be considered: 1. Quid pro quo sexual harassment 2. Hostile work environment sexual harassment 3. Discrimination based on gender 4. None of the above. This is not a violation of employment laws. SEXUAL HARASSMENT OR GENDER DISCRIMINATION : SEXUAL HARASSMENT OR GENDER DISCRIMINATION If a member of one sex is exposed to disadvantageous terms of employment and members of the opposite sex are not, is this most likely… Sexual Harassment by the Supervisor Gender Discrimination 45 Questions on Sexual HarassmentGender Discrimination or Related Topics? : 46 Questions on Sexual HarassmentGender Discrimination or Related Topics? RACIAL HARASSMENT : 47 RACIAL HARASSMENT Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race and color Same principles of harassment apply Must create a “hostile work environment” to a reasonable person in that person’s shoes Third Party Harassment EXAMPLE OF RACIAL HARASSMENT : 48 EXAMPLE OF RACIAL HARASSMENT North Carolina Department of Transportation Jordan v. City of Cleveland, No. 04-3389 (6th Cir. 07/06/2006) Workforce did not reflect local population Very few Black Assistant Chiefs, Battalion, Fire Captains, or Lieutenants White Firefighters labeled the station house where most Blacks were stationed as "Monkey Island" EXAMPLE OF RACIAL DISCRIMINATION : 49 EXAMPLE OF RACIAL DISCRIMINATION Horsford v. Bd. of Trustees of California State Univ., 132 Cal. App. 4th 359, 33 Cal. Rptr. 3d 644 (2005) Racial Discrimination in Employment Actions Reverse Discrimination RACIAL HARASSMENT OCCURS WHEN… : RACIAL HARASSMENT OCCURS WHEN… The supervisor refuses to promote employee based on their race Co-workers make disparaging comments about someone’s race Both of the above 50 LEGAL CASE OF RACIAL HARASSMENT REQUIRES : LEGAL CASE OF RACIAL HARASSMENT REQUIRES Testimony that a racial comment was made Show the comments or conduct rose to the level of creating a hostile work environment to a reasonable person taken from their perspective Employee told a racial joke and another employee laughed 51 Questions on Racial Harassment and or Discrimination? : 52 Questions on Racial Harassment and or Discrimination? NATIONAL ORIGIN : 53 NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of National Origin which includes: Discrimination based on foreign accent Discrimination based on foreign dress English only rules without business necessity reason Nationality EXAMPLE OF NATIONAL ORIGIN DISCRIMINATION : 54 EXAMPLE OF NATIONAL ORIGIN DISCRIMINATION Waite v. Board of Trustees of Illinois Community College District No. 508, 408 F.3d 339 (7th Cir. 2005) Derogatory Comments by Supervisor Disparate Treatment in Disciplinary Actions EMPLOYER USE ACCENT TO PROHIBIT HIRING? : EMPLOYER USE ACCENT TO PROHIBIT HIRING? If it is not a southern accent and therefore not locally accepted If it sounds too foreign If it is an English accent from England If it is so pronounced such that the person cannot be understood and it is part of the job requirement 55 Questions on National Origin Discrimination and or Harassment? : 56 Questions on National Origin Discrimination and or Harassment? RELIGIOUS DISCRIMINATION : 57 RELIGIOUS DISCRIMINATION Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of religion Employer cannot: Fail or refuse to hire Discharge Discriminate against with respect to compensation, terms, conditions, or privileges of employment IT MAY BE RELIGIOUS DISCRIMINATION IF…. : 58 IT MAY BE RELIGIOUS DISCRIMINATION IF…. Employee holds a bona fide religious belief in conflict with a requirement of employment The employee has Informed the employer of his/her belief Employee has been disciplined for failing to comply with the employer’s requirement EXAMPLE OF RELIGIOUS DISCRIMINATION : 59 EXAMPLE OF RELIGIOUS DISCRIMINATION Peterson v. Hewlett Packard Co., 358 F.3d 599 (9th Cir. 2004) Religious beliefs do not supersede Equal Employment Opportunity Laws or Policies EXAMPLE OF RELIGIOUS DISCRIMINATION : 60 EXAMPLE OF RELIGIOUS DISCRIMINATION Laber v. Harvey, 438 F.3d 4th Cir. (02/16/2006) Managers cannot base employment decisions on an individual’s religious background or beliefs WHEN IS A RELIGIOUS ACCOMMODATION NOT REQUIRED? : 61 WHEN IS A RELIGIOUS ACCOMMODATION NOT REQUIRED? If allowing accommodation requires more than ordinary administrative costs creating an undue hardship on employer Undue hardship occurs whenever an employer claims that it cannot afford "any reasonable accommodation without such a hardship" IS A RELIGIOUS ACCOMODATION REQUIRED? : 62 IS A RELIGIOUS ACCOMODATION REQUIRED? Muslim employee claims religious discrimination when school district refuses to allow her to wear her hijab (holy scarf) Is this religious discrimination? Does the employer have to revise the dress code in order to accommodate her request? Would it make a difference if the employee was a police officer? Questions on Religious Discrimination and or Harassment? : 63 Questions on Religious Discrimination and or Harassment? AMERICANS WITH DISABILITIES ACT of 1990 : 64 AMERICANS WITH DISABILITIES ACT of 1990 Prohibits discrimination in employment decisions and treatment Requires reasonable accommodation considering undue hardship and business necessity Requires interactive process and good faith efforts REQUIREMENTS UNDER THE ACT : 65 REQUIREMENTS UNDER THE ACT Qualified employee or applicant must still be able to perform the essential functions of the position with or without a reasonable accommodation Disability is measured after considering mitigating factors to correct the impairment ADA PROHIBITS DISCRIMINATION : 66 ADA PROHIBITS DISCRIMINATION Against an individual because of his/her own disability or association with a disabled person Making inquiries into the existence of, nature of or severity of a job applicant’s or employee’s disability Employers cannot require medical examinations of job applicants because they suspect a disability unless required of all applicants/or before a conditional offer of employment is made ADA COVERS THE FOLLOWING: : 67 ADA COVERS THE FOLLOWING: Employee or Applicant that has a substantially limiting physical or mental impairment Impairment makes it unable for employee or applicant to perform a major life function that the average person can perform or be significantly restricted in the condition, manner or duration that the average person can perform that activity Employee or Applicant has a record of such an impairment Employee or Applicant Is regarded as having such an impairment CONDITIONS NOT COVERED BY ADA : 68 CONDITIONS NOT COVERED BY ADA Homosexuality Transsexuality Compulsive Gambling Sex Addictions Bad Tempers Individuals with Current Drug Addictions or Current Alcoholism Individuals Under Stress Pyromania Where the employee might cause a direct threat to themselves or others REASONABLE ACCOMMODATIONS : 69 REASONABLE ACCOMMODATIONS Making existing facilities accessible Job restructuring Modification of work schedule Reassignment Modifying equipment Providing readers or interpreters REQUESTING ACCOMMODATIONS : 70 REQUESTING ACCOMMODATIONS Reasonable Accommodations Follow Department policy by discussing issue with your Supervisor and/or Personnel, Intake Officer or EOO Managers should contact Personnel or the EOO Must Document Interactive Process New Procedure to request an accommodation Questions on Disability Discrimination, Harassment and or Accommodations? : Questions on Disability Discrimination, Harassment and or Accommodations? 71 AGE DISCRIMINATION : 72 AGE DISCRIMINATION Federal law protects employees & applicants 40 years old or older Florida employees can file a state claim for age discrimination which covers all ages AGE DISCRIMINATION : 73 AGE DISCRIMINATION The ADEA does not protect younger employees who constitute a disadvantaged group General Dynamics Land Systems, Inc., v. Cline, 540 U.S. 581 (2004) AFFIRMATIVE ACTION AT FDOT : 74 AFFIRMATIVE ACTION AT FDOT What is Affirmative Action at FDOT? Compare incumbency of females and minorities performing specific jobs to the availability of those groups in the reasonable recruitment area Where the incumbency in that job group is less than availability, establish an economic parity goal Take Good Faith Efforts to recruit qualified minorities and females Managers must still make all hiring and other personnel decisions based on qualifications even where there is a goal MANAGERS’ RESPONSIBILITIES : 75 MANAGERS’ RESPONSIBILITIES Set An Example Notify EOO, Intake Officer Or Personnel even if you don’t think it’s a legal issue Protect both parties Do not Retaliate Do not investigate alone Maintain confidentiality Do not make considerable accommodations involving purchases without contacting Personnel, Intake Officer or the EOO Religious Disabilities RETALIATION : 76 RETALIATION Managers’ duty To report Managers’ good intentions Avoid retaliation Wait for investigation process Giving employment references Gossiping about workplace issues Recent changes in what constitutes retaliation MATERIALLY ADVERSE EMPLOYMENT ACTION BY SUPERVISOR : 77 MATERIALLY ADVERSE EMPLOYMENT ACTION BY SUPERVISOR Harassment by a supervisor with or without a tangible employment action (b) Retaliatory harassment with a tangible employment action such as: “Materially adverse" action Ostracizing employee Different Treatment Bad Performance Evaluations Negative Employment Actions REMEMBER YOU DON’T NECESSARILY KNOW THE SENSITIVITY OF YOUR CO-WORKERS : 78 REMEMBER YOU DON’T NECESSARILY KNOW THE SENSITIVITY OF YOUR CO-WORKERS BUILDING A RESPECTFUL WORKPLACE KEEPING YOUR PRIVATE LIFE PRIVATE : 79 KEEPING YOUR PRIVATE LIFE PRIVATE Business v. Private Conversations Subjectivity of Harassment Laws How is the Conversation Received Is What’s Important MAKE SURE YOUR BEHAVIOR IS APPROPRIATE FOR THE WORKPLACE : 80 MAKE SURE YOUR BEHAVIOR IS APPROPRIATE FOR THE WORKPLACE ADAPT YOUR ACTIONS TO THE ENVIRONMENT Religious institutions Around children With relatives We change our behavior to our surroundings Even if the Workplace has a Casual Environment… The Workplace is Formal! Filter Your Conversations and Behavior! THINK BEFORE YOU SPEAK OR ACT… : 81 THINK BEFORE YOU SPEAK OR ACT… Who is around? Are the comments appropriate? COMPLIMENTING CO-WORKERS : 82 COMPLIMENTING CO-WORKERS Make it work related Compliment their work product Complimenting someone’s attire can be taken the wrong way Some people are in-artful in the manner of complimenting When in doubt…Leave it Out! FLIRTING OR DATING AT WORK : 83 FLIRTING OR DATING AT WORK Is asking someone on a date sexual harassment? No Means No Once you know that conduct is unwelcome, you are required to cease that conduct CONSENSUAL RELATIONSHIPS IN THE WORKPLACE : 84 CONSENSUAL RELATIONSHIPS IN THE WORKPLACE Sometimes a mutual, flirting, socializing relationship can change What should an employee do when a coworker/friend changes the relationship and the flirting and or social exchanges are not reciprocated? KNOW FDOT POLICIES : 85 Internet and Email Policies Appropriate Use of FDOT Property Workspace is not Your Space Conduct Unbecoming of Agency Rules Disciplinary Action Up to and Including Termination for Violations KNOW FDOT POLICIES SPEAK UP… : 86 SPEAK UP… There are multiple avenues you can use to report Let harassers know that their conduct is unwelcome and that they must stop immediately If the conduct does not cease, report it to management Victims Have Duties to Report If you do not feel comfortable confronting the harasser directly, contact the local Intake Officer, management, Personnel or the EO Office to make a complaint REPORTING EEO ISSUES : 87 Internal Complaint Procedures & Forms FDOT Infonet Intranet: Employment Discrimination Complaints: 275-010-001 REPORTING EEO ISSUES CONTACT INFORMATION : 88 CONTACT INFORMATION Equal Opportunity Office: Kathy Martin, Investigations & Training Manager 850-414-4762 Debra McCall, Civil Rights Analyst 850-414-4748 Mary Ash, Civil Rights Analyst 850-414-4764 Charlotte Thomas State Title VI Administrator 850-414 4753 District Intake Officers Personnel Office EXTERNAL REPORTING : 89 EXTERNAL REPORTING EEOC Complaints must be filed within 300 days TAMPA 501 East Polk Street, Suite 1000 Tampa, FL 33602 Phone:813-228-2310 MIAMI One Biscayne Tower South Biscayne Blvd., Suite 2700 Miami, Florida 33131 Phone:305-808-1740 FLORIDA COMMISSION ON HUMAN RELATIONS Complaints must be filed within 365 days (850) 488-7082 2009 Apalachee ParkwaySuite 100Tallahassee, Florida 32301 fchrinfo@fchr.myflorida.com HOW LONG DO DEPARTMENT EMPLOYEES HAVE TO FILE AN INTERNAL COMPLAINT BASED ON EMPLOYMENT DISCRIMINATION? : HOW LONG DO DEPARTMENT EMPLOYEES HAVE TO FILE AN INTERNAL COMPLAINT BASED ON EMPLOYMENT DISCRIMINATION? 6 MONTHS 6 WEEKS 180 DAYS 3 YEARS 90 HOW SHOULD DEPARTMENT EMPLOYEES FILE COMPLAINTS? : HOW SHOULD DEPARTMENT EMPLOYEES FILE COMPLAINTS? CONTACT THEIR MANAGER CONTACT THEIR MANAGER’S SUPERVISOR WRITE TO THE GOVERNOR CONTACT THE EOO, LOCAL DISTRICT INTAKE OFFICER, ANYONE IN PERSONNEL OFFICE 91 WHERE DO DEPARTMENT EMPLOYEES FIND COMPLAINT FORMS AND PROCEDURES? : WHERE DO DEPARTMENT EMPLOYEES FIND COMPLAINT FORMS AND PROCEDURES? 92 Slide 93: 93 EEO, Sexual Harassment Awareness and Affirmative Action Training EEO Consultants, Inc. Cindy Mattson