EEO Compliance Training

Learning Objectives 2

Briefly review and discuss major anti-discrimination laws.

Increase awareness of workplace harassment, including types not always

obvious.

Learn techniques for identifying and preventing workplace discrimination,

harassment, and retaliation.

Review and understand the significant aspects of the agencys reasonable

accommodation procedures.

Understand the significant stages in the complaint process.

2
Equal Employment
Opportunity Policy
All applicable federal EEO laws will be vigorously enforced.

It is the policy of SMART WV to ensure equal employment opportunity,

prohibit discrimination and harassment in all its forms, and promote
diversity and inclusiveness in our organization.

Each and every person bears the responsibility to ensure that

discrimination and harassment are not tolerated and that diversity is valued.

Supervisors, directors, and coordinators bear a special responsibility to

ensure that work environments are free from discrimination and harassment
of any kind.

3
 Anti-Discrimination Laws
4

Title VII of the Civil Rights Act of 1964 (Title VII):

Is the major federal law prohibiting discrimination in employment.
Title VII prohibits discrimination based on race, sex, color, religion,
national origin, and retaliation.

The Equal Pay Act of 1963 (EPA):

Protects men and women who perform substantially equal work from
sex-based wage discrimination.

The Age Discrimination In Employment Act of 1967 (ADEA):

Protects employees and job applicants who are 40 years of age or
older from employment discrimination based on age.

4
 Anti-Discrimination Laws 5

The Rehabilitation Act of 1973:

Applicable sections prohibit discrimination in federal employment
against qualified individuals with disabilities.

Also, requires employers to provide reasonable accommodation to

qualified individuals with disabilities who are employees or applicants
for employment.

The Civil Rights Act of 1991:

Provides the right to a jury trial and monetary damages in cases of
employment discrimination.

5
 Workplace Harassment 6

Workplace harassment is a form of discrimination that is explicitly

prohibited by SMART policy and the law.

SMART WV will not tolerate verbal or physical conduct that harasses,

disrupts, interferes with performance, or creates an environment that is
intimidating, offensive and/or hostile.

Additionally, our organization will not tolerate or condone any form of

harassment or retaliation towards others who report incidents of harassing
behavior or assist in any inquiry about such a report.
Workplace Harassment Defined 7

Harassment is any unwelcome verbal or physical conduct based on race,

color, religion, sex (regardless of whether it is of a sexual nature), sexual
orientation, gender oreintatio, national origin, age, disability or retaliation
that is sufficiently offensive to alter the conditions of the victims
employment. This standard is met when:

The conduct culminates in a tangible employment action, or

The conduct is sufficiently severe or pervasive as to create a hostile

work environment.

7
Tangible Employment Action 8

Definition: A management officials harassment that results in a significant

change in an employees (usually a subordinates) employment or job
status.

Examples of tangible employment actions include but are not limited

to: hiring and firing, promotion or failure to promote, demotion,
undesirable reassignment, work assignments and other actions.

An agency is automatically liable for harassment by a management official

that results in a tangible employment action regardless of whether upper
management had knowledge of it.

8
 9

Tangible Employment Action: Example

For example: A manager pressures a subordinate employee to join her for

dinner and dancing. When he declines, she tells him that he cant expect
her to mentor him if he is unwilling to spend time together after hours.
After he does not relent, he receives an undesirable reassignment. In this
instance the undesirable reassignment represents a tangible job action.

Even an isolated instance of such misconduct is unlawful.

9
 Hostile Work Environment 10

Anyone in the workplace can commit this type of harassment: a supervisor

or manager, co-worker, or even a non-employee.

If harassment by a co-worker creates a hostile environment, the agency is

liable if it knew or should have known of the conduct and failed to take
immediate and appropriate corrective action.

Example of misconduct by co-workers: When a female complains

about the vulgar language and jokes that routinely fill the break- room,
her male co-workers tell her to, lighten up and get used to it, because
thats how the boys behave.

10
 The Reasonable Person 11

Standard
A reasonable person standard is used in evaluating whether unwelcome
conduct is sufficiently severe or pervasive to create a hostile environment.

Under the reasonable person standard the harassing conduct must be

viewed as objectionable not only from the standpoint of the
victim/target but also from the standpoint of a reasonable person.

A reasonableness standard guards against claims by hypersensitive

individuals.
 Religious Harassment 12

Religious harassment is discriminatory treatment based on a persons:

Affiliation with a particular religious group;

Display of physical or cultural traits commonly associated with a

particular religion;

Perception or belief that someone else is a member of a religious group

(whether true or not);

Dress or other apparel commonly associated with a particular religion;

and

Association with a religious person, individual or organization.

12
Prevention of Harassment 13

Avoid initiating or participating in any behavior that may be

misconstrued as possible harassment, including the following
types of behavior:

Verbal (unwelcome comments, yelling, offensive jokes or

stories);

Visual (offensive pictures, photos, cartoons, posters, calendars,

magazines or objects);

Physical (unwelcome touching, hugging, kissing, stroking,

ogling or suggestive gestures); and

Written (unwelcome letters, notes or e-mails of a personal

nature).

13
 14

Prevention of Harassment Contd

Avoid sexual, racial, ethnic, cultural, age/disability related jokes, epithets,
comments, and e-mails.

Respect a persons wishes when he/she indicates that conduct or attention is

not welcome.

Clearly inform those engaging in offensive behavior that you find it

objectionable.

Report behavior that you believe qualifies as harassment.

14
Reasonable Accommodation

It is the policy of SMART WV to provide equal opportunity

to all qualified individuals with disabilities in accordance
with the Rehabilitation Act of 1973 and to fully comply with
all other legal and regulatory requirements.
No qualified individual with a disability may be denied the
benefits of a program, training, or activity conducted,
sponsored, funded, or promoted by our organization, or
otherwise be subjected to discrimination.

15
Reasonable Accommodation
Reasonable accommodations are effective adjustments made to a job,
work environment or application process that enable qualified employees
with disabilities to perform the essential functions of the job, and
applicants to participate in the application process.

Such accommodations may include modifying work schedules and

policies, providing devices or modifying equipment and making
workplaces accessible.

They may also include accessibility to Electronic and Information

Technology (EIT) and may require the purchase of assistive devices to
meet the needs of the individual.

16
Reasonable Accommodation
Americans with Disabilities Act Amendments
Act of 2008 (ADAAAA)

ADAAA restores the original intent of Congress regarding the

definition of disability, as reflected in the Rehabilitation Act (Rehab
Act) of 1973.
Broadens the coverage that existed under the Americans with
Disabilities Act (ADA) and the Rehab Act.
Broadens the meaning of regarded as disabled
Broadens the meaning of an actual disability
Broadens the definition of substantial limitation
Expands the definition of major life activity
Eliminates mitigating measures
Clarifies that an impairment that is episodic or in remission may qualify
as a disability if it substantially limits a major life activity
An impairment that limits only one major life activity is now enough to
qualify as a disability
Definition of Disability

An Individual with a Disability is:

1. A qualified individual with a disability
is someone with a physical or mental
impairment that substantially limits a
major life activity; or
2. An individual with a record of such
impairment; or
3. An individual who is regarded as
having such an impairment.
Qualified Individual with a
Disability
It is our policy to provide equal opportunity to all
qualified individuals with disabilities in
accordance with the Rehabilitation Act of 1973
and the Americans with Disability Act
Amendments Act (ADAAA) of 2008, which will
become effective on January 1, 2009.

A qualified individual with a disability is an

individual with a physical or mental impairment,
which substantially limits one or more major
life activities.
Physical or Mental
Impairment
Based on the ADAAA the EEOC may
expand this definition of physical or
mental impairment
Currently, 29 C.F.R. 1630.2(h) a physical
or mental impairment means:
Any physiological disorder, or condition,
cosmetic disfigurement or anatomical loss
affecting one or more of thebody
systemsor any mental or psychological
disorder, such as mental retardation, organic
brain syndrome, emotional or mental illness,
and specific learning disabilities.
Substantially Limits

This is consistent with the findings and

purposes of the ADAAA to expand the
coverage of the Rehab Act to more
individuals with impairments
Consider:
The nature and severity of the impairment
Duration or expected duration of the
impairment
Permanent or long term impact of the
impairment
Major Life Activities

Under the ADAAA major life activities include

but is not limited to:
Caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working.
Also includes the operation of a major bodily function,
including but not limited to, functions of the immune
system, normal cell growth, digestive, bowel, bladder,
neurological, brain, respiratory, circulatory, endocrine,
and reproductive functions.
The EEOCs definition includes: caring for oneself,
performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working. EEOC will
expand this definition now that the ADAAA is in effect.
Reasonable
Accommodation
No qualified employee with a disability may be denied the
benefits of a program, training, or activity conducted,
sponsored, funded, or promoted by the organiation, or
otherwise be subjected to discrimination.

To that end, reasonable accommodation will be provided to

qualified individuals with disabilities, unless doing so poses
an undue hardship to the nonprofit.

There may be a wide range of possible accommodations that

might assist the employee.

However, management is only required to provide an

effective accommodation, not necessarily the one requested.
Requests for
Accommodation
An employee can request reasonable accommodation from
his/her supervisor; another supervisor or manager in the
immediate chain of command.

An employees representative, medical provider, or family

member may request a reasonable accommodation on behalf
of the employee.

Once the request has been made to a manager or supervisor,

that individual should immediately acknowledge the request.

The supervisor or manager should then review, evaluate and

make a decision.
 Modifying Work Sites

Providing Readers
Accessible Facilities
and Interpreters

REASONABLE
ACCOMMODATION
Modifying
Work
Assistive
Schedules
Devices

Flexible Leave Schedules

 Reasonable Accommodation
Supervisors Responsibilities
Engage in interactive process, do not delay.
When possible, accommodate consistent with Congressional intent
specified in ADAAAA.
More employees/applicants will now qualify for reasonable
accommodations under the new ADAAAA.
Do not request medical documentation unless necessary.
Maintain medical documentation separately.
 Religious Accommodation 27

Under Title VII, an agency has the duty of reasonable accommodation

for sincerely held religious beliefs and practices unless to do so would
cause an undue hardship.

Examples of religious accommodations:

Work schedules - The most likely accommodation to be
requested is flexibility in the regular work schedule to
participate in some religious practice
Allowing employee to make up hours
Granting leave for religious observances
Granting time or place to pray
Allowing religious dress
Not scheduling or holding meetings on religious days of
observance
Honoring dietary requirements at meetings or trainings

27
 28

Retaliation
There are three essential elements of retaliation.
Protected activity: (i.e., participation in the statutory complaint
process or opposition to discrimination);
Adverse employment Action: Demonstrating that the employers
action in question well might have dissuaded a reasonable employee
from making or supporting a charge of discrimination; and
A causal connection between the protected activity and the employers
action(s).

Typically, the link between a protected activity and the challenged

employer action is established if the action follows shortly after the
protected activity. And if the individual that undertook the challenged
action had prior knowledge of the protected activity.
 Mediation 29

In mediation a neutral third party, the mediator, assists the disputing parties
to achieve a mutually acceptable agreement.

The objective of the mediator is to bridge the gap in communication

between the disputing parties and assist them in reaching a voluntary
agreement of their own.

Resolutions reached during mediations are documented in settlement

agreements.

If mediation is not successful, the complaint process would resume from

the point it stopped.
Major Stages in Complaint Process
30

Traditional EEO counseling or mediation

Filing of formal complaint if matter has not been satisfactorily resolved at

pre-complaint stage

Investigation of complaints that meet procedural requirements

EEOC Hearing with board members

Appeal of final decisions to the EEOC

File civil suit in appropriate Federal district court

 EEO Compliance Training
for Employees

EEO complaints and concerns will be handled and addressed within 48

hours.

EEO training takes place within the first 3 business days of joining SMART
WV.

EEO review takes place again after the first 90 days of start date and
annually during centre-wide retreat.
Contact Information

Anastasia Artayet Shepherd

Director of Employee Relations

Anastasia@smartwv.org

Promoting equity, diversity and inclusion

to build a stronger community.
 References
APHSA. (2012) Organizational Effectiveness.
Retrieved from: http://www.aphsa.org/content/dam/aphsa/pdfs/OE/2012-
09-Guidebook-Building-OE-Capacity.pdf

33