Module #1 EEO Intro & Laws. Module #1. Module #1. Office of Human Resources/ Affirmative Action EEO Training

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Faculty/Staff

Office of Human Resources/ Affirmative Action

EEO Training

Module #1

EEO Intro &

Laws

Introduction

The Texas Labor Code, Chapter 21, Section 21.010

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requires state agencies to provide training on employment discrimination including sexual harassment to employees within thirty (30) days after they are hired, and to provide supplemental training every two years.

EEO Training for Faculty and Staff

The University of Houston-Clear Lake is committed to providing a safe, secure work environment for all employees The adoption of this policy assists in

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employees. The adoption of this policy assists in promoting that environment.

By participating in the following training modules, the University of Houston-Clear Lake community will successfully support and be in compliance with the necessary state requirements.

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Office of Affirmative Action

EEO Responsibilities

 Assist with complaint resolution

 Investigate allegations of discrimination for both students and employees

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p y

 Develop & maintain AAP, state, congressional and federal reports

 Assist with search committees

 Provide proactive training courses

 Responsible for successfully facilitating the EEO bi-annual training

 Ensure compliance of federal, state and local laws, and university policies

EEO Laws

EEO Laws--A historical view

A historical view

To effecti el pre ent and nderstand discrimination

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To effectively prevent and understand discrimination in the workplace, a historical view of EEO laws will be covered to better demonstrate how

discrimination impacts us today.

EEO Laws



Equal Pay Act of 1963Equal Pay Act of 1963-- Requires employers subject to the Fair Labor Standards Act (FLSA) to pay equal wages to men and women performing similar work Factors used to

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men and women performing similar work. Factors used to compare similarity of work include knowledge, skills, effort, and level of responsibility required in the positions.



Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 ––Prohibits discrimination on the basis of race, color, or national origin with any program or activity that receives Federal funds.

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EEO Laws Continued…

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Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 ––Prohibits discrimination in employment based on race, color, sex, religion or national origin.g g

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The Age Discrimination in Employment Act of The Age Discrimination in Employment Act of 1967 (ADEA)

1967 (ADEA) ––Prohibits employers from discriminating against an individual of the age of 40 years or over with respect to compensation, terms conditions or privileges of employment. There is no affirmative action obligation required.

EEO Laws Continued…



Title IX of the Education Amendments of 1972 Title IX of the Education Amendments of 1972 ––

Prohibits discrimination on the basis of sex in programs receiving Federal financial assistance

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receiving Federal financial assistance. 

Rehabilitation Act of 1973 Rehabilitation Act of 1973 ––Prevents employers from refusing to hire or promote handicapped persons solely because of a disability and applies only to employers who receive Federal funds.

EEO Laws Continued…

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The Vietnam The Vietnam –– Era Veterans’ Readjustment Era Veterans’ Readjustment Assistance Act of 1974

Assistance Act of 1974 ––Requires affirmative action for qualified disabled veterans and veterans from the

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for qualified disabled veterans and veterans from the Vietnam era.

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Americans with Disabilities Act of 1990 (ADA) Americans with Disabilities Act of 1990 (ADA) ––

Became effective in July of 1992. Prohibits employment discrimination against qualified persons with disabilities. It requires that public entities offer services and make accommodations so that it may be usable and accessible for all people. It also provides for reasonable accommodation in employment.

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EEO Laws Continued…

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Civil Rights Act of 1991 Civil Rights Act of 1991 ––Amended the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional

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employment discrimination, to clarify provisions regarding disparate impact actions, and provides for jury trials.

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Family Medical Leave Act of 1993 Family Medical Leave Act of 1993 ––Requires that employers provide, job protected leave to employees who qualify, for up to 12 weeks a year for serious medical conditions or child birth/adoption. May be paid or unpaid.

EEO Laws Continued…

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Executive Order 11246, as amended Executive Order 11246, as amended ––Bans discrimination on the basis of race, sex, religion, color, and national origin by Federal contractors with contracts in

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national origin by Federal contractors with contracts in excess of $50,000. The first order was given by LBJ at Howard University in 1965. It required that contractors receiving Federal funds utilize affirmative action plans to ensure minorities were recruited and afforded real opportunities for jobs. Presidents’ Nixon, Ford and Carter all amended this order.

EEO Training for UHCL

Faculty/Staff

EEO Training

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EEO Definitions

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Introduction

In order to prevent discrimination in the workplace, the following will be discussed in the upcoming

lid slides.

Bases for discrimination Protected classes Types of Discrimination EEO definitions Retaliation

Bases for Discrimination

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The following is a list of bases used for

determining discriminatory acts. Discrimination is 

AgeAge  RaceRace  GenderGender  ReligionReligion  ColorColor



DisabilityDisability 

National OriginNational Origin 

Veteran StatusVeteran Status 

Sexual OrientationSexual Orientation (UHS Only) (UHS Only) based on…

Protected Classes

Individuals who belong to groups that have historically experienced discrimination

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–

–MinoritiesMinorities –

–WomenWomen –

–VeteransVeterans –

–The DisabledThe Disabled –

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Types of Discrimination

When determining if an act of discrimination has occurred in the workplace, it may be categorized

i t f t t

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into one of two types: 

Disparate TreatmentDisparate Treatment 

Adverse ImpactAdverse Impact

Types of Discrimination cont’d…



DisparateDisparate TreatmentTreatment

– Occurs when an employer treats a person, who is a member of a protected group, less favorably than others

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member of a protected group, less favorably than others who are similarly situated and who are not members of that protected group. This generally involves inconsistent application of polices or practices.



AdverseAdverse ImpactImpact

– Occurs when an apparently neutral policy or practice that on the surface does not appear to have any negative effects, may have adverse effect on one group of people more than others when applied

EEO Misc. Definitions

In addition to the bases for discrimination, understanding protected classes, and the types of di i i ti it i l i t t t l i th

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discrimination, it is also important to explain the following additional EEO definitions:



Constructive DischargeConstructive Discharge 

No EnglishNo English--only ruleonly rule 

The Whistleblower’s ActThe Whistleblower’s Act 

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EEO Misc. Definitions

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Constructive Discharge:Constructive Discharge:

– A termination of employment brought about by making the employees working conditions so intolerable that the the employees working conditions so intolerable that the employee is compelled to leave, and can be viewed in the same light as an involuntary termination. 

No EnglishNo English--only rule:only rule:

– It is unlawful to require employees to speak only English in the workplace. If shown to be a business necessity or safety related issue, an English only rule may apply, but only for those employees who are directly engaged in the conversation.

EEO Misc. Definitions cont’d…

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 Whistleblower’s Act Whistleblower’s Act

– Is a non-retaliatory act that protects employees from negative job actions from employer when an employee in

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negative job actions from employer when an employee in good faith reports a violation of the law by the governmental unit or another public employee to the appropriate enforcement agency.



 RetaliationRetaliation

– When a negative action such as restraint, interference, coercion, further discrimination, or any form of reprisal is taken against the individual for participating in

a protected EEO activity.

Retaliation cont’d…

Retaliation can be determined if…



An employee participated in protected EEO activityAn employee participated in protected EEO activity

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

An employee participated in protected EEO activityAn employee participated in protected EEO activity 

Employer takes adverse employment action against Employer takes adverse employment action against employee

employee 

Employer knew of the protected EEO activity Employer knew of the protected EEO activity involvement of the employee

involvement of the employee 

Employee can show causal connection between the Employee can show causal connection between the negative action and protected EEO activity negative action and protected EEO activity

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EEO Training for UHCL

Faculty/Staff

EEO Training

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Sexual Harassment

Introduction

Sexual harassment is considered sex discrimination

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under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination against any individual because of that person’s race, color, religion, sex or national origin.

Definition of Sexual Harassment

Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

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 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic decision; and  2) submission to or rejection of such conduct by an

individual is used as the basis for employment or academic decision affecting that individual; or  3) such conduct has the purpose or effect of

unreasonably interfering with an individual’s work or academic performance or creating an intimidating

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Types of Sexual Harassment

Quid Pro Quo –

(this for that)

 This occurs when expressed or implied requests or demands are made in exchange for keeping or advancing in a job are made in exchange for keeping or advancing in a job. Submission to or rejection of these requests or demands is then used as a basis for employment decisions affecting that person.

 The harasser must have the authority to alter an employee’s terms and conditions of employment; even if the employer had no knowledge of these advances, they may still be liable when this type of harassment is proven.

Types of Sexual Harassment cont’d…

Hostile Work Environment –

 This includes any unwelcome sexual or gender based conduct that has the purpose or effect of unreasonably

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interfering with an individual’s work performance. Also, any conduct that creates an intimidating, hostile or offensive working environment constitutes this form of harassment. These cases may include lewd jokes or comments, displaying of explicit or sexually suggestive material or repeated requests for a sexual or dating relationship.

 Where there is no supervisor involved, the employer will only be liable for this type of harassment when it had actual knowledge and failed to take immediate and appropriate corrective action.

Forms of Sexual Harassment

 Actual or attempted rape or sexual assault

 Unwanted pressure for sexual

 Unwanted sexual teasing, jokes, remarks, or questions

 Referring to an adult as a girl, hunk doll babe or honey

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favors

 Unwanted deliberate touching, tickling or pinching

 Unwanted leaning over or cornering

 Unwanted sexual looks or gestures

 Unwanted letters, phone call, or materials of a sexual nature

 Unwanted pressure for dates

hunk, doll, babe, or honey

 Whistling at someone

 Cat calls

 Sexual comments

 Turning work discussions to sexual topics

 Sexual innuendoes or stories

 Asking about sexual fantasies, preferences, or history

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Forms of Sexual Harassment cont’d…

 Personal questions about social or sexual life

 Sexual comments about a

 Hanging around a person

 Hugging, kissing, patting or stroking

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person’s clothing, anatomy or looks

 Kissing sound, howling and smacking lips

 Telling lies or spreading rumors about a person’s sex life

 Neck massage

 Touching an employees hair, clothing or body

 Giving personal gifts

 Touching or rubbing oneself sexually around another person

 Looking a person up and down

 Making sexual gestures with hands or through body movements

 Facial expressions, winking, throwing kisses, or licking lips

 Sexually suggestive visuals

 Staring at someone

Key Supreme Court Ruling on

Sexual Harassment

Sexual Harassment--Case #1

Case #1

Case:

Case: Oncale vs. Sundowner Offshore Services, Inc.Oncale vs. Sundowner Offshore Services, Inc.

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Key question:

Key question: Is it sexual harassment when misconduct is between members of the same gender?

Facts of Case: Facts of Case:

Joseph Oncale was hired as a roustabout (a deck hand or water front laborer) through Sundowner Offshore Services, Inc. He was assigned to work with an eight-man crew on a Chevron USA oil platform in the Gulf of Mexico.

Oncale vs.

Sundowner Offshore Services, Inc. cont’d..

Facts of Case cont’d:

In 1991, three of the crew members, including two supervisors, forcibly subjected Oncale on numerous occasions to

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forcibly subjected Oncale on numerous occasions to humiliating, sex-related actions, some in front of the rest of the crew. The two supervisors physically assaulted Oncale in a sexual manner, and one even threatened Oncale with rape. A third co-worker also participated in the harassment. Oncale complained of the blatant sexual misconduct to his

supervisor, the company’s safety compliance clerk. But instead of doing anything about the problem, the clerk replied that he, too, had been picked on by two supervisors who had called him a name suggesting he was homosexual.

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Oncale vs.

Sundowner Offshore Services, Inc. cont’d..

U.S. Supreme Court ruling:

U.S. Supreme Court ruling: Unanimous (9-0)

The Supreme Court unanimously declared that sexual

h t i ti bl h th l i l d

harassment is actionable, even when the people involved are of the same sex. The Supreme Court ruling noted that the law equally protects men and women against workplace discrimination.

Key question:

Key question: Is it sexual harassment when misconduct is between members of the same gender? YESYES

Key Supreme Court Ruling on

Sexual Harassment

Sexual Harassment --Case #2

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Case:

Case:Faragher vs. City of Boca Raton, FloridaFaragher vs. City of Boca Raton, Florida

Key question:

Key question: Is an organization liable for sexual harassment

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Key question:

Key question: Is an organization liable for sexual harassment when the organization is unaware of a supervisor’s misconduct?

Facts of Case: Facts of Case:

Once a lifeguard for the City of Boca Raton, Florida, Beth Faragher claimed she endured repeated sexual harassment from two male supervisors during the five years she worked on the city’s beaches.

Faragher vs.

City of Boca Raton cont’d..

Faragher stated that she and seven other female lifeguards

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Faragher stated that she and seven other female lifeguards worked for two men who would repeatedly request sexual favors, grab them by the breasts and buttocks, try to break into their showers and referred to them regularly with vulgar comments. Faragher stated she did not report the problem because she feared retaliation. However, she did speak to one police lieutenant about the behavior, but he didn’t feel it was his place to act upon workplace complaints.

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Faragher vs.

City of Boca Raton cont’d..

A ’ i h Ci f d h h

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Attorney’s representing the City of Boca Raton argued that the city could not be held liable because it had a clear policy against sexual harassment since 1986, and because the male supervisors were acting on their own and not as

representatives of the city. The city, however, failed to deliver the policy to it’s lifeguard staff or supervisors. As a result, neither Faragher or her supervisors had any knowledge of the cities policy on sexual harassment.

Faragher vs.

City of Boca Raton cont’d..

U.S. Supreme Court ruling:

U.S. Supreme Court ruling:Majority vote (7-2)

The Supreme Court said that an employer is liable for pervasive,

h til k i t f h t d l i

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hostile work environment of harassment, and an employer is potentially liable for its supervisors’ misconduct, whether the company is aware of the harassment or not.

Key question:

Key question: Is an organization liable for sexual harassment when the organization is unaware of a supervisor’s misconduct? YESYES

Ways to Prevent Sexual Harassment

 Conduct yourself in a professional manner at all times

 Dress appropriately for the job

B f ili i h i h k i i

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 Become familiar with your rights to work in an environment free from discrimination

 Be prepared to assert your rights

 Become acquainted with UHCL’s policy and grievance procedures for dealing with and reporting sexual harassment.

 Take a few minutes to think about what you would do if you were being harassed.

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Faculty/Staff

EEO Training

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Reporting Procedures

Introduction

In the event an act of discrimination or sexual

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harassment has occurred, it is important to

know and understand the associated

procedures and processes to file a complaint.

Internal Discrimination Complaints

The Office of Human Resources and Affirmative Action is the department at UHCL that accepts internal, written, formal

l i t f di i i ti l h t

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complaints of discrimination or sexual harassment.

 Formal, written complaints must be received no later than 60 days after the last incident of the alleged discriminatory act or knowledge of the act.

 All complaints are directed to Katherine Justice, Executive Director of Human Resources and Affirmative Action.

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Written Complaints

When writing a formal complaint, the following must be included:

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

Name, address & phone number of complainantName, address & phone number of complainant 

Nature, date and description of alleged violationNature, date and description of alleged violation 

Name(s) of person(s) responsible for the alleged Name(s) of person(s) responsible for the alleged violation

violation 

Any background information believed to be relevantAny background information believed to be relevant 

Requested relief for corrective action (remedies)Requested relief for corrective action (remedies)

Written Complaints cont’d…

In the event a formal complaint is filed with the Office of Human Resources and Affirmative Action, the employer (UHCL) i bli t d d t d t t k th i t

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(UHCL) is obligated and expected to take the appropriate investigative action.

Once a formal complaint has been filed, it may not be retracted. It is treated as actual occurrence and the necessary steps to resolve the complaint will be followed.

Filing External Complaints

Along with filing complaints internally to the Office of Human Resources and Affirmative Action, an

l t d t h th ti f l fili ith

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employee or student has the option of also filing with the following external organizations.



 Equal Employment Opportunity Commission Equal Employment Opportunity Commission (EEOC)(EEOC) 

 TexasTexas WorkforceWorkforce CommissionCommission--CivilCivil RightsRights DivisionDivision 

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Filing External Complaints cont’d…



 EqualEqual EmploymentEmployment OpportunityOpportunity CommissionCommission(EEOC)(EEOC) -Employees may file discrimination complaints with the EEOC within

300 days of the last incident of alleged discriminatory activity.



 TexasTexas WorkforceWorkforce CommissionCommission--CivilCivil RightsRights DivisionDivision(TWC)(TWC) -Employees may also file their complaints with TWC within 180 days of the last incident of alleged discriminatory activity.



 DepartmentDepartment ofof Education,Education, OfficeOffice ofof CivilCivil RightsRights

-Students may file complaints of discrimination within 180 days of the last incident of alleged discriminatory activity

Additional Resources

If you wish to learn more regarding the University of Houston System and UHCL

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Houston System and UHCL policies and procedures on discrimination and sexual harassment, you may visit the

UHCL

UHCL--HRHRweb site at:

www.uhcl.edu/hr