texas workforce commission civil rights division what does twc’s civil rights division do?
TRANSCRIPT
Texas Workforce CommissionCivil Rights Division
What Does TWC’s Civil Rights Division Do?
Presented by:
Ellena E. Rodriguez, Trainer/Outreach Coordinator
Vickie Covington, Investigator/Outreach
Civil Rights Division
Texas Workforce Commission
Presented to:
Texas Workforce Commission Civil Rights Division
Agenda
TCHR and Sunset Bill
Statute, Rules, EEOC & HUD Relationship
Data on Bases, and Issues
Mediation Program
Disability Reasonable Accommodation
Religious Reasonable Accommodation
8/18/15
Texas Workforce Commission Civil Rights Division
TEXAS COMMISSION ON HUMAN RIGHTS&
S.B. 208: SUNSET BILLSIGNED BY THE GOVERNOR
• Transfers the powers and duties of the Texas Commission on Human Rights
to the Texas Workforce Commission.
• Eliminates the statutory requirement for the Civil Rights Division to review
fire department exams for discriminatory factors.
• Authorizes TWC to conduct follow-up reviews of the personnel policy and
procedural systems of high risk state agencies based on risk assessment
criteria.
8/18/15
Texas Workforce Commission Civil Rights Division
• Texas Labor Code, Chapter 21
• Texas Administrative Code, Title 40, Chap. 819
• Relationship with EEOC
• Employment Staff
• Budget: About $1.9M
8/18/15
• Texas Property Code, Sec. 301
• Relationship with HUD
• Employment Staff
Texas Workforce Commission Civil Rights Division 8/18/15
Texas Workforce Commission Civil Rights Division
Statewide Employment Complaints Filed by Basis
8/18/15
Statewide Employment Complaints Filed by Basis
Texas Workforce Commission Civil Rights Division 8/18/15
Statewide Housing Complaints Filed by Basis
Texas Workforce Commission Civil Rights Division
Mediation
Offer Up Front
14 Days to Respond
Mediator and Coordinator
FREE
60% - 80% Success Rate
8/18/15
Texas Workforce Commission Civil Rights Division
25th Anniversary of the Americans with Disabilities Act
Two Texans were instrumental:
Justin Dart, former Chair of the Texas Governor’s Committee on People with Disabilities
Lex Frieden, Houston disability policy expert
Signed into law by Pres. George H.W. Bush.
8/18/15
Texas Workforce Commission Civil Rights Division
Persons with Disabilities – Dispelling Myths Myth No. 1: Workers with disabilities do not meet performance standards
Myth No. 2: Workers with disabilities have more absences
Myth No. 3: Accommodating workers with disabilities is costly
Myth No. 4: The ADA forces employers to hire unqualified individuals with disabilities
Source: http://www.bizjournals.com/bizjournals/how-to/human-resources/2014/11/4-myths-about
8/18/15
Texas Workforce Commission Civil Rights Division
Reasonable Accommodation of Disabilities
Pitfalls to avoid:o Employer thinks you only have to accommodate the
work environment for an employeeo Housing providers refuse or charge a for assistance
animalo Employer or Employee thinks all job functions must
be accommodatedo Housing providers or Tenants think the provider must
pay for a reasonable modificationo Housing provider or Employer claims undue hardship
without calculating cost
Texas Workforce Commission Civil Rights Division
Reasonable Accommodation of Disabilities (Cont’d)
More pitfalls to avoid:o Employer or Housing provider thinks verbal
request is not valido Real Estate Transactionso Perfect accommodationo Request or response is not reasonable and ignores
8/18/15
Texas Workforce Commission Civil Rights Division
Seeking time off for religious observances
Atheist or agnostic?
Not working certain days of the week
Overt / Indirect
Dress Code
Religion and Reasonable Accommodation
8/18/15
Texas Workforce Commission Civil Rights Division
EEOC v. Abercrombie & Fitch Stores, Inc., U.S. S.Ct. (June 1, 2015).
Hijab – religious headscarf “Look Policy” Applicant need show only that
his/her need for an accommodation was a motivating factor in employer’s decision—not that the employer had knowledge of his/her need.
Abercrombie & Fitch“Dress Code” Settlement
8/18/15
Texas Workforce Commission Civil Rights Division
Helping Hand
Compliance & Technical Assistance
Dennis R. Swinney
Training & Outreach
Ellena E. Rodriguez, GCDF
Technical Assistance
8/18/15
Texas Workforce Commission Civil Rights Division
TWC Civil Rights Division
Call: 1-888-452-4778 (in TX only) or
Direct: 512-463-2642 (Austin area and out-of-state)
Email: [email protected]
http://www.twc.state.tx.us
8/18/15