Employee Rights and Anti-Discrimination Training Overview
"Explore key topics in employee rights and anti-discrimination training, including protected classes, EEOC enforcement, the At-Will doctrine, and deeper insights into issues related to sex, disability, and pregnancy discrimination. Gain valuable knowledge to promote a fair and respectful work environment. Stay informed and compliant to ensure a healthy workplace culture."
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EEOC Discrimination and Retaliation for Managers & Supervisors Subtitle Goes Here Location / Date / Goes Here
At Will Doctrine Employee or company is free to end employment at any time. >But not for certain reasons, such as due to a protected class! >Stick to company guidelines and document, to avoid liability. >Consistency and fairness also supports employee morale.
Protected Classes The EEOC enforces laws protecting employees from harassment/ discrimination/ retaliation due to: > Race > Color > Sex (includes sexual orientation & gender identity) > National Origin > Religion > Disability (ADA)/PDA > Age (ADEA) 40+ > Equal Pay Act /Lilly Ledbetter Fair Pay Act > Genetic Information Nondiscrimination Act (GINA)
Digging Deeper Sex (includes sexual orientation & gender identity) > Stereotyping people based on their genders should be avoided. > Negative comments about transgender employees or homosexual employees are included in sex-based harassment. > Comments, cartoons, pictures, physical gestures, etc. > SOCIAL MEDIA Likely best NOT to connect & to remind employees it is often a public forum.
Digging Deeper Disability (ADA)/ Pregnancy (PDA) > Prohibits discrimination. > The ADA requires reasonable accommodation so employee can do job. > The PDA requires you to make accommodations if you do so for others with temporarily health conditions. > The ADA may require some amount of reasonable accommodation for leave AFTER FMLA or if it is not available.
EEOC Protects Employees from... Discrimination due to Disparate Impact > Inadvertent discrimination due to the effect of company practices. Discrimination due to Disparate Treatment > Discrimination intentional or unintentional due to treatment of employees due to protected class.
EEOC Protects Employees from... Harassment: Unwelcome conduct based on protected category that interferes with job and/or creates a hostile work environment. > Reasonable Person Standard > Implicit harassment: Hiring or promoting people like yourself when more qualified women or minority candidates are available. Hostile Work Environment > A pattern of harassment severe and pervasive enough that a reasonable person would consider intimidating, hostile or abusive. Quid Pro Quo (sexual harassment) > If you go out with me, I will promote you... (this for that)
EEOC Protects Employees from... Retaliation Taking action against an employee as a result of their complaint about an authentic workplace concern about discrimination or harassment.
Supervisor Responsibilities Professional & Supportive Focus on the Job Hold staff accountable Know when to call HR
Supervisor Responsibilities Avoid interview or post-hire questions and discussions that are not related to the job and could reveal protected class. Focus on the Job Examples: What church do you go to? What part of town do you come from? What kind of accent is that? Are you mixed race? When did you graduate from high school?
Supervisor Responsibilities Consistent accountability Verbal and immediate Written for ongoing or more severe Set the tone with your behavior Hold staff accountable
Supervisor Responsibilities Supervisors don t have luxury of showing anger Be respectful, kind and supportive ALWAYS Don t assume what someone wants/needs Assume positive intent Professional & Supportive
Supervisor Responsibilities HR needs to know anytime there is an accusation of harassment, discrimination or retaliation. You can always postpone decisions/discussions until talking with HR, but do not delay calling. Serious & can t reach HR? Ask the accused person to leave the premises while situation is investigated. Know when to call HR
Practice Scenarios A pregnant employee is nearly due. > You move her because you are worried about the lifting. > It is a similar job but lifting less weight on another shift.
Practice Scenarios An employee is returning after an accident. > His doctor says he can do his job if he rotates sitting/standing. > That might be possible in his job, but isn t full duty required?
Practice Scenarios OK or NOT? Why? > It is Halloween and an employee comes in wearing a sombrero. > Jennifer adjusts Jeff s shirt, comments on the fit of his jeans and tells him any woman would love to marry him . > It is Bill s 65th birthday. The staff posts a joking sign: Retire Already!
