equal employment opportunity and sexual harassment hill country mhdd center

Equal Employment Equal Employment Opportunity and Opportunity and

Sexual HarassmentSexual HarassmentHILL COUNTRYMHDD CENTER

What is EEO?Federal Equal

Employment Opportunity (EEO) is a combination of laws that prohibit discrimination in employment.

LawsLawsTitle VII of the Civil Rights

Act of 1964 (Title VII)

Equal Pay Act of 1963 (EPA)

Age Discrimination in Employment Act of 1967 (ADEA)

Sections 501 and 505 of the Rehabilitation Act of 1973

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)

Title VII of the Civil Rights Act of 1964:Forbids discrimination in all

areas of the employee-employer relationship- including advertisement for new

employees, through termination or retirement – on the basis of race, color, sex, pregnancy, religion or national origin.

Equal Pay Act of 1963:

Prohibits discrimination in wages and benefits to men and women that substantially perform

“equal work” under similar conditions in the same

establishment.

Age Discrimination in Employment Act of

1967: It is unlawful to fail to, or refuse

to, hire, discharge, or otherwise discriminate against individuals 40 years of age or older with respect to compensation, terms, conditions, or privileges of employment because of age.

Rehabilitation Act of 1973:

Prohibits job discrimination because of disability and requires affirmative action to hire and promote qualified individuals with disabilities who, with reasonable accommodation, can perform the functions of a job.

Americans with Disabilities Act 1990

(ADA):Prohibits private employers from discriminating against individuals with disabilities. Other individuals covered by this act are those with a contagious disease who do not pose a direct threat to others. Such as those individuals with AIDS and those who test positive for HIV.

Laws Prohibit Discrimination In:

Hiring and firing Compensation or classification, transfer,

promotion, layoff, or recall Job advertisements Recruitment Competency testing Training programs Fringe benefits Pay, retirement plans, and disability leave or

other terms and conditions of employment.

Laws Prohibit Discrimination Based On..

RaceColorNational OriginReligionSex (Gender)AgeDisability

Discriminatory Practices Discriminatory Practices ProhibitedProhibited

Employment Decisions based on:Veteran StatusCitizenshipPregnancy or related medical conditionsStereotypes or assumptions about the abilities, traits or performances of certain individualsSexual OrientationPolitical AffiliationMarriage to, or association with an individual of a particular race, religion, national origin or individual with a disability

Discriminatory ViolationsAny violations or complaints of

discriminatory practices must be reported immediately or no

more than 30 calendar days from the incident…

Human Resources 830-792-3300

What Occurs Then?HR – attempt to resolve the complaint by negotiating between parties involved.Mediation can occur at any point in the complaint process.InvestigationDecision Delivered

AppealThe complainant can file appeal with the Executive Director within SEVEN days of receipt of the decision from HR.The Executive Director will review, make a decision and deliver decision to complainant.There is NO APPEAL of the decision of the Executive Director.

Non-Discrimination Complaint

Complaint regarding the terms or conditions of employment – complainant believes is objectionable, but not discrimination in nature.

SEXUAL SEXUAL HARASSMENTHARASSMENT

Sexual Harassment is defined as a continuing pattern of unwelcome sexual advances, requests for sexual favors or physical contact of a sexual nature.

Types of Sexual Types of Sexual HarassmentHarassmentQuid Pro Quo -- Latin word meaning:

“This for That”

Hostile Environment -- The purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

Sexual Harassment is NOTNOT:

A consensual relationship between two adults.

HCMHDDC Does not

have a policy that prohibits dating among the staff.

There are some married couples working at Hill Country MHDDC.

Question:

Can Employees Be Prohibited From Using Their Religious Beliefs In Conjunction With Their Jobs?

Answer:

According to the Federal District Court in Michigan, Yes. The nature of the employee’s religious

beliefs, preaching, or application of such beliefs ought to be demonstrated as having some reasonably damaging or detrimental job effect.

For Example:In the case of Spratt v. County of Kent (1985), a social worker refused to comply with his employer’s request that he stop using “spiritual means”such as the casting out of demons when counseling prison inmates. The court upheld the termination of the employee, and found such action to be devoid of religious discrimination since his worship was not being denied, and not a violation of the employee’s First Amendment rights since the employer was merely trying to stop the damaging effect on others.

Using the same rational, an employer would probably be within their rights to restrict

employees from imposing their religious beliefs on other employees, customers, or

other business related people, particularly if these others

express their objection of the activity to management.

Hostile EnvironmentOften created by:• Requests for sexual favors• Verbal conduct of a sexual nature• Pictures, posters, “pin-ups” of a

sexual nature (Sports Illustrated Swimsuit Edition Magazine)

• Physical conduct of a sexual nature• Unwelcome bodily contact – patting,

touching, hugging, or rubbing• Exposing oneself• Physical intimidation or assault

Hostile Environment Can Also Be Created By:

• Jokes relating to race, color, national origin, gender, disability, religion, age, sexual orientation, etc.• Racial slurs• Cartoons, drawings, etc.• Also applies to e-mail, telephone & fax usage

Reasons Work is the most common place for

busy people to meet and make social contacts …….

– we spend more time at work than at home……

What Should I What Should I Do?Do?

• Be Honest and Direct • Confront the person with what they are doing• Use clear, concrete terms• Involve another Person • Document every instance• Involve supervisors if confrontation does not stop the harassment• If the person is your supervisor, go up the chain of command to get assistance you need

ALL Potential Violations ALL Potential Violations Must Be Reported!Must Be Reported!

Immediate supervisorNext higher level of managementDepartment or Division headHuman Resources Director

Executive DirectorComplaint Procedure

REPORTS MAY BE MADE TO

ANY MANAGEMENT

STAFF

Retaliation is Strictly Retaliation is Strictly PROHIBITEDPROHIBITED

What is Retaliation? Any action intended to inflict

emotional or physical harm or inconvenience to an employee that is taken by another employee.

This includes harassment and sexual harassment, disciplinary measures, discrimination, reprimand, threats, & criticism.

If Inappropriate If Inappropriate Conduct is Confirmed…Conduct is Confirmed…

Disciplinary action will be taken, up to and

including termination, based on the severity

and/or frequency of the conduct.

Remember!

Conduct yourself in a Professional Manner at all times!Follow Workplace PrinciplesFollow Policy & ProceduresReport RetaliationDo your JOB!

Performance Improvement

Program

What is the PIP?A method for supervisors to offer employees the opportunity to:

Improve or

Correct performance deficiencies.

PIP Levels of ActionVerbal

Written

Final

Termination

PIP – VERBAL REVIEWSupervisor verbally outlines improvement expectations

Identify barriers / discuss strategies to successful performance

Noted on the Verbal Review form

Written ReviewImplemented if employee fails to show required improvementExpectations outlined using the Written Review formWritten Review form signed by employee…if refused, noted on formMay be initiated as first step for certain problems

Final ReviewSupervisor meets with employee if failure to show required improvement or further decline

Supervisor reviews problem, outlines expectations, informs employee that termination is recommended if improvement is not immediate or satisfactory

Final ReviewEmployee receives information in memorandum format

Employee signs memorandum as acknowledgement of receipt

May be initiated as first step for serious problems in lieu of previous Verbal or Written Reviews

Multiple ProblemsProgression verbal > written > final may involve different performance issues

Not acceptable for employees to correct one performance problem and begin demonstrating problems in other areas

TerminationSupervisor may pursue, if employee fails to correct identified performance problem sufficiently

May be deemed appropriate without regard to previous actions taken for serious problems

TrainingThroughout PIP consideration of additional training

Throughout PIP consideration of overcoming other system level barriers to assist in performance improvements

Appropriate ActionAction is based on

The severity and/orFrequency of the behavior.

On some occasions, PIP steps may not go in order and termination may be deemed the only appropriate action.

PIP Length of Actiondocumentation removed from the personnel file after one year

MUST NOT have further problems in any other performance area.