thehra (eeo lies and myths) (06-03-13) · copyright 2013. all rights reserved katrina grider &...

Copyright 2013. All Rights ReservedKatrina Grider & Associates

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THEHRA 2013 Summer Conference HR Mythbusters Round I and IIKatrina Grider and Joe Bontke

HR HR MythbustersMythbusters

Katrina GriderKatrina GriderHouston, TexasHouston, Texas

Board Certified in Labor and Board Certified in Labor and Employment LawEmployment Law

Texas Board of Legal SpecializationTexas Board of Legal Specialization

Texas SuperLawyerTexas SuperLawyer®® 20032003--2006, 2006, 2011, 20122011, 2012

Joe BontkeJoe BontkeHouston, TexasHouston, Texas

Outreach Manager & OmbudsmanOutreach Manager & Ombudsman

EEOC Houston District Office EEOC Houston District Office

U.S. Equal Employment U.S. Equal Employment Opportunity CommissionOpportunity Commission

What’s In Your

“Backpack”?

What’s In Your

“Backpack”?

UU ItIt’’s what I packs what I pack””

UU ItIt’’s who I ams who I am

UU ItIt’’s my s my ““stuffstuff””

What is YOUR HR Role???

What is YOUR HR Role???

Part of the ProblemPart of the ProblemOrOrRole ModelRole Model

Status QuoStatus QuoOrOrDynamic HR MythDynamic HR Myth

ReactiveReactiveOrOrProactiveProactive

Prosecutor, Judge Prosecutor, Judge and Juryand Jury

OrOrNeutral FactfinderNeutral Factfinder

One of the GangOne of the GangOrOrProfessionalProfessional

RubberstamperRubberstamper, ,

OstrichOstrich

OrOrDecisionmaker, Decisionmaker,

OnionOnion--peelerpeeler

AdvocateAdvocateOrOrAdvisorAdvisor


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PERCEPTIONPERCEPTION

REALITYREALITY

Managers: Stay in Your Lane

Do not go drinking/shopping/fishing or stuff with the people you supervise

Do not Facebook friend anybody you supervise (directly or indirectly)

Do not sleep with peopleDo not go native, once you become a

supervisorDo not run your mouth about

confidential management stuff

HR Myth #1:HR Myth #1:

It WasnIt Wasn’’t Me t Me …… I DidnI Didn’’t t Approve ItApprove It


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The Fable:Jean de la Fontaine (1679)

The Fable:The Fable:Jean de la Fontaine (1679)Jean de la Fontaine (1679)

The flatterer seeks some benefit at your expense.The flatterer seeks some benefit at your expense.The flatterer seeks some benefit at your expense.

The Supreme Court’s Cat’s Paw Theory of Liability (pp. 2-5)

The Supreme CourtThe Supreme Court’’s Cats Cat’’s Paw s Paw Theory of Liability (pp. 2Theory of Liability (pp. 2--5)5)

An employee may establish unlawfulemployment discrimination or retaliationwhen:

a biased non-decisionmaker (the monkey, a.k.a. the manager)

influences an unbiased decisionmaker (the cat, a.k.a. HR)

to take action that HR otherwise would not take.

An employee may establish An employee may establish unlawfulunlawfulemployment employment discriminationdiscrimination or or retaliationretaliationwhen:when:

a a biased nonbiased non--decisionmakerdecisionmaker (the (the monkey, monkey, a.k.a. the managera.k.a. the manager) )

influences an influences an unbiased unbiased decisionmakerdecisionmaker (the cat, (the cat, a.k.a. HRa.k.a. HR) )

to take action that HR otherwise to take action that HR otherwise would not take.would not take.


I DonI Don’’t Need to Know Any of t Need to Know Any of This @$%^*!This @$%^*!


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Yellow Transportation (YRC)$11 Million Settlement (06/29/12)Yellow Transportation (YRC)$11 Million Settlement (06/29/12)

Largest trucking company in U.S.Largest trucking company in U.S.

Black employees subjected to:Black employees subjected to:

WW Nooses, NNooses, N--words, racist graffiti and words, racist graffiti and cartoonscartoons

WW Harsher discipline, scrutiny and work Harsher discipline, scrutiny and work assignments than whitesassignments than whites

WW Company ignored complaints for yearsCompany ignored complaints for years

Sister company paid $10M in 2010 for same Sister company paid $10M in 2010 for same conductconduct

Cook County Sheriff’s Dept.$70,000 for Name-calling (10/12) Cook County Sheriff’s Dept.$70,000 for Name-calling (10/12)

Male manager referred to females Male manager referred to females employees as employees as ““bitchesbitches””

Male manager told a female Male manager told a female ““shut the shut the f*** up you lying bitchf*** up you lying bitch””

Court: use of the term Court: use of the term ““bitchbitch’”’” was was gender specific, and impact was to gender specific, and impact was to degrade women in generaldegrade women in general

Unlawful conduct by managerUnlawful conduct by manager

Cold Hard Truth: Cold Hard Truth: These Laws are for REALThese Laws are for REAL

Title VIITitle VII

ADA, ADAAAADA, ADAAA

ADEAADEA

GINAGINA

FMLA, FLSAFMLA, FLSA

NLRANLRA

Equal Pay Act, Lilly Ledbetter Fair Pay ActEqual Pay Act, Lilly Ledbetter Fair Pay Act

Pregnancy Discrimination ActPregnancy Discrimination Act

State Human Rights LawsState Human Rights Laws

These laws apply to These laws apply to EVERYBODYEVERYBODY: Temps, : Temps,

Contractors, Vendors, and Contractors, Vendors, and Third PartiesThird Parties


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Copyright 2012. Katrina Grider & Associates. All rights reserved.Copyright 2012. Katrina Grider & Associates. All rights reserved.

The Dynamic EEO CircleThe Dynamic EEO Circle

RecruitingHiring

Interviewing

RecruitingHiring

Interviewing

TerminationLayoffs

RIF’s

TerminationLayoffs

RIF’s BonusesRaises

Compensation

BonusesRaises

Compensation

Verbal/WrittenVerbal/WrittenDisciplinary Disciplinary

ActionAction

Performance Evaluations

Performance Evaluations

PromotionsTransfers

Demotions

PromotionsTransfers

Demotions

TITL

E VII

A

DA /AD

AAA A

DEA

TCHRA

TITL

E VII

A

DA /AD

AAA A

DEA

TCHRAG

INA FMLA FLSA STATE LAW

S

GINA FM

LA FLSA STATE LAWS

USERRA NLRA ERISA COBRAUSERRA NLRA ERISA COBRA

45E45E

90E90E

180E180E

225E225E

270E270E

360E360E

HR Myth #3:HR Myth #3:The FCRA Only Applies The FCRA Only Applies

If YouIf You’’re Doing Credit Checksre Doing Credit Checks

App. 15 App. 15 –– 19, pp. 5219, pp. 52--6969

The Fair Credit Reporting ActThe Fair Credit Reporting Act

Applies to employers who use third Applies to employers who use third parties (consumer reporting agencies) parties (consumer reporting agencies) to provide information about applicantsto provide information about applicants

Does not apply to employers who do Does not apply to employers who do background checks internallybackground checks internally

Does apply to internal investigations Does apply to internal investigations where credit information used to where credit information used to discipline employeediscipline employee


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FCRA ScopeFCRA Scope

Reports obtained through Reports obtained through 33rdrd partypartybackground checks on applicants and background checks on applicants and employees = employees = consumer reports consumer reports Equifax, Experian, TransunionEquifax, Experian, Transunion

When When 33rdrd partyparty background checks involve background checks involve interview to assess character, reputation, interview to assess character, reputation, etc., = etc., = investigative reportsinvestigative reportsGoogle, ChoicePoint, Intelius, LexisNexis Google, ChoicePoint, Intelius, LexisNexis

Accurint, online background check companiesAccurint, online background check companies

Both require strict compliance with FCRABoth require strict compliance with FCRA!!

FCRA ComplianceFCRA Compliance

App. 19App. 19(p. 69)(p. 69)

Adverse Action Adverse Action LetterLetter

Step 3:Step 3:

App. 18App. 18(p. 68)(p. 68)

PrePre--Adverse Action Adverse Action Notice LetterNotice Letter

Step 2:Step 2:

App. 17App. 17

(pp. 66(pp. 66--67)67)

Consent, Disclosure Consent, Disclosure + Authorization+ Authorization

Step 1:Step 1:


No One Will Ever Find OutNo One Will Ever Find Out

App. 20, pp. 70App. 20, pp. 70--7272


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Truth: You Will Be FiredYou Will Go Down in Flames

Truth: You Will Be FiredYou Will Go Down in Flames

Yahoo CEO Scott Yahoo CEO Scott ThompsonThompson

Fake computer science degree on Fake computer science degree on resumeresume

Best Buy Founder Best Buy Founder Richard SchulzeRichard Schulze

Internal investigation found out Internal investigation found out that he knew about the CEOthat he knew about the CEO’’s s sexual relationship with female sexual relationship with female employee and didnemployee and didn’’t report itt report it

JP Morgan Chase JP Morgan Chase Chief Investment Chief Investment Officer Ina DrewOfficer Ina Drew

$2 Billion trading loss on her $2 Billion trading loss on her watchwatch

Univ. of Arkansas Univ. of Arkansas Football Coach Football Coach Bobby PetrinoBobby Petrino

Gamed the system by hiring his Gamed the system by hiring his 2525--year old mistress over 159 year old mistress over 159 more qualified applicantsmore qualified applicants

Psychologists:Psychologists:Lying Online May Lying Online May

Be The NormBe The Norm

People who communicate online lie more in People who communicate online lie more in those interactions than they do during facethose interactions than they do during face--toto--face encounters. face encounters.

The most lies were in eThe most lies were in e--mail, followed by instant mail, followed by instant messaging, and lastly facemessaging, and lastly face--toto--face talks. face talks.

Conclusion: it may be normal to distort reality Conclusion: it may be normal to distort reality online. online.

Abstract, Liar, Liar, Hard Drive on Fire: How Media Context Affects Lying Behavior, 41 J. Applied Psych. 2492 (2011).

All That Glitters is Not GoldAll That Glitters is Not Gold

CareerExcuse.comCareerExcuse.com

FakeYourJob.comFakeYourJob.com

Reputation.comReputation.com


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PhoneGangster.comPhoneGangster.com

Allow you to fake the caller id when Allow you to fake the caller id when calling another partycalling another party

Upon calling a person, you get to Upon calling a person, you get to choose what number appearschoose what number appears

Phone records of party called displays Phone records of party called displays the altered numberthe altered number

Can change gender of voiceCan change gender of voice ““Our service is not only fun and useful, Our service is not only fun and useful,

but it is legal as wellbut it is legal as well””


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Texas Online Impersonation Statute (Tex. Penal Code '33.07)

Texas Online Impersonation Statute (Tex. Penal Code '33.07)

WW 33rdrd degree felonydegree felony if a person sends an if a person sends an email, IM, text, tweet referring to another email, IM, text, tweet referring to another person:person:

1.1. Without obtaining the other personWithout obtaining the other person’’s s consentconsent

2.2. Intending to cause a recipient to believe Intending to cause a recipient to believe that the message was sent by that personthat the message was sent by that person

3.3. Intending to harm or defraud the personIntending to harm or defraud the person


I Can Google Anybody I WantI Can Google Anybody I Want

App. 25, pp. 81App. 25, pp. 81--8383

Can You Google an Employee or Can You Google an Employee or Applicant on Social Media? Applicant on Social Media? NONO

Over 24 million Facebook users leave Over 24 million Facebook users leave their profiles publictheir profiles public

www.openbook.orgwww.openbook.org (shut down 07/12)(shut down 07/12)

73% of social media profiles can be 73% of social media profiles can be found through a public search enginefound through a public search engine

77% of social network uses do not 77% of social network uses do not restrict access to their photosrestrict access to their photos


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Can You Google an Employee or Can You Google an Employee or Applicant on Social Media? Applicant on Social Media? NONO

35% employers have at least once 35% employers have at least once decided to not offer a job to an decided to not offer a job to an applicant based on the content postedapplicant based on the content posted

Over 50% of the decisions based on:Over 50% of the decisions based on: Provocative photosProvocative photos

References to drinking and drug use orReferences to drinking and drug use or

BadBad--mouthing of previous employers and mouthing of previous employers and colleaguescolleagues

+

Social Media Special Issues:Social Media Special Issues:Regulating Employee Speech in Regulating Employee Speech in

the Public Sectorthe Public Sector


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A&M Student Loses Campus Internship, Fired from A&M Student Loses Campus Internship, Fired from Research Position, and Faces Disciplinary HearingResearch Position, and Faces Disciplinary Hearing

Hangover HeavenHangover Heaven

Social Media: Social Media: Public SectorPublic Sector

1.1. The entityThe entity’’s interest in determining s interest in determining the appropriate operation of the the appropriate operation of the workplace workplace outweighs outweighs the employeethe employee’’s s interest, as a citizen (1interest, as a citizen (1stst Amendment), Amendment), in commenting on a in commenting on a matter of public matter of public concern.concern.

Connick v. MyersConnick v. Myers, 461 U.S. 138 (1983), 461 U.S. 138 (1983)

2.2. EmployeeEmployee’’s speech is made during s speech is made during course of performing job dutiescourse of performing job duties Employee is Employee is notnot operating as a private operating as a private

citizen and thus has citizen and thus has nono 11stst amendment amendment protectionprotection

Garcetti v. CeballosGarcetti v. Ceballos, 126 S. Ct. 1951 , 126 S. Ct. 1951 (2006)(2006)

Social Media: Social Media: Public SectorPublic Sector


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Two Legal Tests:Two Legal Tests:““Matters of Public ConcernMatters of Public Concern””

1.1. Those which can be fairly considered Those which can be fairly considered as relating to any matter of political, as relating to any matter of political, social, or other concern to the social, or other concern to the communitycommunity

2.2. Whether the employee spoke Whether the employee spoke primarily in his role as a citizen rather primarily in his role as a citizen rather than as an employee addressing than as an employee addressing matters of only personal concernmatters of only personal concern

Snyder v. Millersville Univ. Snyder v. Millersville Univ. (2008)(2008)

Student teacher Stacy SnyderStudent teacher Stacy Snyder

District told Snyder not to post District told Snyder not to post any content about students on any content about students on her personal MySpaceher personal MySpace

Snyder posted a MySpace Snyder posted a MySpace photo entitled photo entitled ““drunken piratedrunken pirate””

Snyder invited students to her Snyder invited students to her MySpace page and posted info MySpace page and posted info directed to studentsdirected to students

District barred her campus; District barred her campus; unable to complete studentunable to complete student--teaching and could not get teaching and could not get degreedegree “Drunken Pirate”“Drunken Pirate”

Public employeePublic employee’’s purely personal s purely personal speech (typically found on social speech (typically found on social media sites) is media sites) is NOTNOT protected by 1protected by 1stst

AmendmentAmendment

SnyderSnyder’’s postings and photos did not s postings and photos did not touch on a matter of public concerntouch on a matter of public concern

Snyder was more like a public Snyder was more like a public employee/teacher than a studentemployee/teacher than a student

Snyder v. Millersville Univ. Snyder v. Millersville Univ. (2008)(2008)


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It Will Never Happen to MeIt Will Never Happen to Me

Crude and offensive jokesCrude and offensive jokes $275,000: $275,000: personal JURY personal JURY verdict against verdict against

manager in 2010manager in 2010

FF--bombs and potty mouthing all bombs and potty mouthing all the timethe time

Physically in peoplePhysically in people’’s facess faces

Derogatory comments to Derogatory comments to womenwomen

$365,000:$365,000:

Manager settled Manager settled case against him case against him

personallypersonally

Offensive racial and religious Offensive racial and religious commentscomments

Threw a stapler at employeeThrew a stapler at employee’’s s headhead


I Can Say Anything I Want toI Can Say Anything I Want to


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The 8th Deadly Sin:Engaging in “Texaco Tongue”

The 8The 8thth Deadly Sin:Deadly Sin:Engaging in Engaging in ““Texaco TongueTexaco Tongue”

TAPE RECORDING LAWSTAPE RECORDING LAWS

AllAll Parties Must Parties Must Consent:Consent:

OneOne Party Must Party Must Consent:Consent:

CA, CT, DE, FL, IL, MD, CA, CT, DE, FL, IL, MD, MA, MI, MT, NH, PA, MA, MI, MT, NH, PA, WAWA

AL, AK, CO, DC, GA, AL, AK, CO, DC, GA, HI, ID, IN, IA, KS, KY, HI, ID, IN, IA, KS, KY, LA, ME, MN, MS, MO, LA, ME, MN, MS, MO, NE, NV, NJ, NM, NY, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, NC, ND, OH, OK, OR, RI, SC, SD, TE, RI, SC, SD, TE, TXTX, UT, , UT, VE, VA, WV, WI, WYVE, VA, WV, WI, WY


That Would Never Happen HereThat Would Never Happen Here

Analysis of Defendants2005 - 2011

Analysis of Defendants2005 - 2011

4% 1%

12%

41%

42%

Governmental Entities

Service/Retail

Manufacturing &Industrial Transportation

Other

Source: Source: ““Employment Practices Liability Employment Practices Liability –– Jury Awards Trends and Statistics, 2012Jury Awards Trends and Statistics, 2012””.. ©© 2012 2012 LRP PublicationsLRP Publications


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Defendant Awards2005 - 2011

Defendant Awards2005 - 2011

$1 $1 –– $53.9M$53.9M

$613 $613 –– 53.9M53.9M

$1 $1 -- $30M$30M

$1 $1 -- $9M$9M

$1 $1 -- $20M$20M

RangeRangeTypeType MedianMedian AverageAverage

Government Government EntitiesEntities

$250,000$250,000 $653,130$653,130

Manufacturing/ Manufacturing/ IndustrialIndustrial

$176,250$176,250 $541,591$541,591

Service/RetailService/Retail $135,000$135,000 $566,130$566,130

TransportationTransportation $144,000$144,000 $1,644,756$1,644,756

OverallOverall $200,800$200,800 $636,423$636,423

Source: Source: ““Employment Practices Liability Employment Practices Liability –– Jury Awards Trends and Statistics, 2012Jury Awards Trends and Statistics, 2012””.. ©© 2012. 2012. LRP PublicationsLRP Publications

Discrimination Jury Awards 2005-2011

Discrimination Jury Awards 2005-2011


TypeType MedianMedian AverageAverage

DisabilityDisability $292,500$292,500 $664,094$664,094

AgeAge $247,800$247,800 $1,038,318$1,038,318

RaceRace $215,652$215,652 $475,972$475,972

SexSex $150,000$150,000 $574,239$574,239

OtherOther $103,722$103,722 $321,075$321,075

OverallOverall $199,200$199,200 $606,004$606,004

Plaintiff Recovery Probability for Discrimination (2005 - 2011)

Plaintiff Recovery Probability for Discrimination (2005 - 2011)

61%58%

50% 50% 49%47%

32%

0%

10%

20%

30%

40%

50%

60%

70%Pregnancy

Sex

Overall

Disability

Age

Race

NationalOrigin



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ItIt’’s All Frivolous Stuffs All Frivolous Stuff

U.S. EEOC Charges: 2012

U.S. EEOC Charges: 2012

0

5000

10000

15000

20000

25000

30000

35000

40000Retaliation (All)

Race

Retaliation (Title VII)

Sex

Disability

Age

National Origin

Religion

Equal Pay

GINA0

5000

10000

15000

20000

25000

30000

35000

40000Retaliation (All)

Race

Retaliation (Title VII)

Sex

Disability

Age

National Origin

Religion

Equal Pay

GINA

10% of All EEOC ChargesCame from Texas in 201210% of All EEOC ChargesCame from Texas in 2012

Retaliation (All)RaceRetaliation (Title VII)SexDisabilityAgeNational OriginReligionDisabilityColorEPAGINA

Retaliation (All)RaceRetaliation (Title VII)SexDisabilityAgeNational OriginReligionDisabilityColorEPAGINA

41%41%

36%36%

36%36%29%29%

23%23%

21%21%

% of Total State Charges

17%17%


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2012: EEOC Charge Settlements (in millions)

2012: EEOC Charge 2012: EEOC Charge Settlements (in millions)Settlements (in millions)

$129.3$98.5

$93.6$84.4

$76.1$66.8

$29.6$18.0

$12.6$10.0

$0.08

$0.0 $50.0 $100.0 $150.0

GINA

Religion

Equal Pay Act

Pregnancy

National Origin

Sex Harassment

Disability

Race

Age

Harassment

Sex-based Discrim.

$129.3$98.5

$93.6$84.4

$76.1$66.8

$29.6$18.0

$12.6$10.0

$0.08

$0.0 $50.0 $100.0 $150.0

GINA

Religion

Equal Pay Act

Pregnancy

National Origin

Sex Harassment

Disability

Race

Age

Harassment

Sex-based Discrim.


II’’m Teflon m Teflon …… You Better You Better Follow the Chain of Follow the Chain of

CommandCommand

App. 9App. 9--10, pp. 3310, pp. 33--3535

Price v. FedEx Federal Ct. - Houston

Price v. FedEx Federal Ct. - Houston

Company fired black employee after he complained of discrimination

Houston jury found non-promotions and firing were retaliatory

Company fired black employee after he complained of discrimination

Houston jury found non-promotions and firing were retaliatory

Back pay $180,000

Punitive $2,500,000

Compensatory $170,000

TOTAL $2,850,000

Jury Time

Jury Vote

4.25 Hours

8-0 (3M/5F)

Demand = $390,000

Offer = $55,000

Demand = $390,000Demand = $390,000

Offer = $55,000Offer = $55,000


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Retaliation FactorsRetaliation Factors Take adverse action against employee

who engages in a protected activity:Excessive monitoring of employee’s

performance

Ignoring or avoiding one who filed a complaint

Threatening employee with disciplinary action or termination

Intimidating employee (chain of command)

Causal connection between protected activity and adverse action

Take adverse action against employee who engages in a protected activity:Excessive monitoring of employee’s

performance

Ignoring or avoiding one who filed a complaint

Threatening employee with disciplinary action or termination

Intimidating employee (chain of command)

Causal connection between protected activity and adverse action

Retaliation AwardsOverall (2005 – 2011)

Retaliation AwardsOverall (2005 – 2011)

Award MedianAward Median $208,275$208,275

Award Probability RangeAward Probability Range $50,675 $50,675 –– 669,847669,847

Award RangeAward Range $1.00 $1.00 SS $30,000,000$30,000,000

Award MeanAward Mean $741,971$741,971



If ItIf It’’s Not in Writings Not in Writing……It It DoesnDoesn’’t Countt Count


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U.S. Supreme CourtU.S. Supreme CourtKasten v. St. Gobain PlasticsKasten v. St. Gobain Plastics (2011)(2011)

OralOral complaintscomplaints are are goodgood enoughenough——does does notnot have to be in writinghave to be in writing

Includes emails, voice mail, IM, texts, Includes emails, voice mail, IM, texts, tweets, Facebook postingstweets, Facebook postings

Once the company is on notice:Once the company is on notice:UU Duty to promptly investigateDuty to promptly investigate

UU Duty promptly stop the harassment, Duty promptly stop the harassment, discrimination, or retaliationdiscrimination, or retaliation

HR Myth #12:HR Myth #12:We DonWe Don’’t Have to Hire or Work with t Have to Hire or Work with

ThoseThose PeoplePeople

App. 21 App. 21 –– 22, pp. 7322, pp. 73--7676

EEOC New ConvictionEEOC New ConvictionGuidelinesGuidelines

Have you ever been convicted? Have you ever been convicted?

““Answering yes is not an automatic Answering yes is not an automatic bar to employmentbar to employment””

1.1. Nature and gravity of offenseNature and gravity of offense

2.2. Time that has passed, conduct and/or Time that has passed, conduct and/or completion of sentencecompletion of sentence

3.3. Nature of the job held or soughtNature of the job held or sought

►► Note: Deferred adjudication = not a Note: Deferred adjudication = not a conviction in Texasconviction in Texas


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EEOCEEOC’’s New Conviction Policy: s New Conviction Policy: Individualized AssessmentIndividualized Assessment

Facts, circumstances and number of offensesFacts, circumstances and number of offenses

Older age at the time of conviction, or release Older age at the time of conviction, or release from prisonfrom prison

Length and consistency of job history (before Length and consistency of job history (before and after conviction)and after conviction)

Rehab efforts (training, education)Rehab efforts (training, education)

Employment or character referencesEmployment or character references

Whether the person is bondedWhether the person is bonded

Evidence that person did same type of work on Evidence that person did same type of work on previous jobs with no problemsprevious jobs with no problems

EEOC EEOC Arrests: Arrests: Not OKNot OK

►► Have you ever been arrested?Have you ever been arrested?

►► Have you ever been arrested for a Have you ever been arrested for a misdemeanor?misdemeanor?

►► Have you ever been locked up?Have you ever been locked up?

►► Have they picked you up before?Have they picked you up before?

►► Ever had to spend a night in jail?Ever had to spend a night in jail?

The Dimensions of DiversityThe Dimensions of Diversity

Class

Ethnicity

Age

Race

Gender

Veteran

Hierarchy and Status

Personality

Education

Family Situations

Sexual Orientation

Disabilities

Religion


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America’s Workforce 2012:Gender

America’s Workforce 2012:Gender

53%47%

Men

Women

53%47%

Men

Women

Source: Bureau of Labor StatisticsSource: Bureau of Labor Statistics

Total U.S. Civilian Labor Force (employed + unemployed)Total U.S. Civilian Labor Force (employed + unemployed)

America’s Diversity:2010 Census

America’s Diversity:2010 Census

62%

1%3%

0%

14%11% 5%

4%

White

Hispanic

Black

Some Other Race

Asian

Two or More Races

American Indian

Native Hawaiian/OtherPacific Islander

62%

1%3%

0%

14%11% 5%

4%

White

Hispanic

Black

Some Other Race

Asian

Two or More Races

American Indian

Native Hawaiian/OtherPacific Islander

U.S. States Ranked by Percent Minority: 2025U.S. States Ranked by Percent Minority: 2025

$$ 50%50% HI, DC, CA, NM, HI, DC, CA, NM, TXTX

40 40 –– 49%49% NY, MD, NJ, AK, LA, AZ, FL, NV, NY, MD, NJ, AK, LA, AZ, FL, NV,

30 30 –– 39%39% GA, MS, IL, VA, SC, DE, CT, COGA, MS, IL, VA, SC, DE, CT, CO

20 20 –– 29%29% NC, AL, MA, OK, RI, MI, WA, TN, KS, NC, AL, MA, OK, RI, MI, WA, TN, KS, PAPA

10 10 –– 19%19% AR, OH, OR, MO, WI, WY, UT, ID, MN, AR, OH, OR, MO, WI, WY, UT, ID, MN, IN, NE, SD, MT, ND, KYIN, NE, SD, MT, ND, KY

< 10%< 10% IA, WV, NH, VT, MEIA, WV, NH, VT, ME


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Hispanic Heritage is Diverse Hispanic Heritage is Diverse The U.S. Hispanic Population: The U.S. Hispanic Population:

47,485,000 (as of 2009)47,485,000 (as of 2009)

Source: Bureau of Labor Statistics – Table 37Source: Bureau of Labor Statistics – Table 37

Mexican 66.4%Mexican 66.4%Mexican 66.4%

Central/South America –

15.9%

Central/South Central/South America America ––

15.9%15.9%

Cuban 3.5%Cuban 3.5%Cuban 3.5%

Puerto Rican 8.9%Puerto Rican 8.9%Puerto Rican 8.9%

EEOC Policy EEOC Policy Guidance:Guidance:

Safety Safety considerationsconsiderations

Business Business necessitynecessity

Practical ApplicationPractical Application::

English may be English may be required to be required to be spoken during spoken during working timeworking time

English is optional English is optional during meal and during meal and break periods.break periods.

Management Lie #13:Management Lie #13:

Age AinAge Ain’’t Nothing But a Numbert Nothing But a Number


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Generational TimelinesGenerational Timelines

GroupGroupAge in Age in 20102010

BirthBirth

YearsYearsCivilian Civilian

WorkforceWorkforce

Veterans, Silent Veterans, Silent OnesOnes

TraditionalistsTraditionalists6565--8585 19251925--19451945 13,069,00013,069,000

Baby BoomersBaby Boomers 4646--64 64 19461946--19641964 81,215,00081,215,000

Generation X,Generation X,

Xers, Gen. XXers, Gen. X 3434--4545 19651965--19761976 34,238,00034,238,000

Nexters, Gen. Y, Nexters, Gen. Y, Millennials, Echo Millennials, Echo

BoomersBoomers1313--3333 19771977--19971997

61,049,00061,049,000HH

(age 16(age 16--33)33)

Source: Bureau of Labor Statistics Total U.S. Civilian LabSource: Bureau of Labor Statistics Total U.S. Civilian Labor Force (employed + unemployed)or Force (employed + unemployed)

America’s Workforce 2012:Age

America’s Workforce 2012:Age

10%

22%

11%

8%

2%

23%20%

4%

Age 16-19

Age 20-24

Age 25-34

Age 35-39

Age 40-49

Age 50-59

Age 60-69

Age 70+

10%

22%

11%

8%

2%

23%20%

4%

Age 16-19

Age 20-24

Age 25-34

Age 35-39

Age 40-49

Age 50-59

Age 60-69

Age 70+

Source: Bureau of Labor StatisticsSource: Bureau of Labor Statistics

Total U.S. Civilian Labor Force (employed + unemployed)Total U.S. Civilian Labor Force (employed + unemployed)

47%47%

53%53%

ADEAADEA

Management Lie #14:Management Lie #14:Everybody Gets Everybody Gets

Paid the Same These DaysPaid the Same These Days


Page-24


America’s Workforce: 2011Median Yearly Pay

America’s Workforce: 2011Median Yearly Pay

05000

100001500020000250003000035000400004500050000

Asian White Black Hispanic

Men

Women

05000

100001500020000250003000035000400004500050000

Asian White Black Hispanic

Men

Women

Source: U.S. Bureau of Labor Statistics [Employed, full-time wage and salary workers]Source: U.S. Bureau of Labor Statistics [Employed, full-time wage and salary workers]

.77.77¢¢

The next Equal Pay Day is April 16, 2013. The next Equal Pay Day is April 16, 2013. This date symbolizes how far into 2013 This date symbolizes how far into 2013

women must work to earn what men women must work to earn what men earned in 2012.earned in 2012.

DoDo read and follow the EEO policies read and follow the EEO policies

DoDo report the conduct ASAP to HR!report the conduct ASAP to HR!

DoDo document, document, and documentdocument, document, and document

DoDo report any acts of retaliationreport any acts of retaliation

DonDon’’tt sit on the complaint (verbal/written)sit on the complaint (verbal/written)

DonDon’’tt retaliate against someone who retaliate against someone who complainscomplains

DonDon’’tt ignore the ignore the ““dondon’’tt--saysay--anythinganything--butsbuts””

The Key: Do’s and Don’tsThe Key: DoThe Key: Do’’s and Dons and Don’’tsts

thehra (eeo lies and myths) (06-03-13) · copyright 2013. all rights reserved katrina grider &...

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