Jenny K Chong Title VII amp VI Coordinator Civil Rights Division May 2013 CLARIFICATION Title VI 6 External Complaints Contractors public members recipients Designees Title VII 7 ID: 389351
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EEO COUNSELOR TRAINING – TITLE VII
Jenny K. ChongTitle VII & VI CoordinatorCivil Rights Division
May 2013Slide2
CLARIFICATION
Title VI (6) – External ComplaintsContractors, public members, recipientsDesigneesTitle VII (7) – Internal ComplaintsEmployeesEEO CounselorsSlide3
TITLE VII
CIVIL RIGHTS ACT OF 1964Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, sex, religion, national origin, age, disability or genetic information.Title VII of the Civil Rights Act of 1964 forbids an employer from retaliating against an employee because of the employee’s opposition to “any practice made an unlawful practice” by Title VII, or the employee’s participation in “an investigation, proceeding, or hearing under [Title VII].” 42 §U.S.C. 2000e-3(a).Slide4
BASIS
RaceColorSexReligionNational OriginAgeDisabilityGenetic InformationRetaliationAll phases of employment are covered.Slide5
DISCRIMINATION
Basing employment decisions on illegal EEO basis instead of on merit, experience, qualificationsApplies to all aspects of employment:HiringTerms and conditionsBenefits and privilegesPost employmentSlide6
RACE DISCRIMINATION
Difference in treatment based upon raceHair textureSkin colorFacial featuresVictim and person can be the same race or color.Slide7
COLOR DISCRIMINATION
Difference in treatment based upon colorPigmentationComplexionSkin shade or toneSlide8
SEX DISCRIMINATION
Glass ceiling issuesPregnancyJob segregationSexual favoritismHarassmentSexual harassmentSlide9
RELIGIOUS DISCRIMINATION
Religious beliefsDress codesReligious expressionSlide10
RELIGIOUS ACCOMMODATION
Belief conflicts with work requirementsReasonable accommodationsEmployee must inform employer of belief/practice in conflict with job dutyUndue hardshipSlide11
NATIONAL ORIGIN DISCRIMINATION
Physical, linguistic or cultural characteristicsLanguage and accentEthnic slurs and epithetsSlide12
AGE DISCRIMINATION
Applies to individuals 40 and overStereotypes and misconception about abilitiesAppearanceRetirement eligibilityYears of experienceDated education or trainingSlide13
DISABILITY DISCRIMINATION
Assumptions and generalizationsFearLack of awarenessResistance to individuals deemed “different”Slide14
DISABILITY
Physical or mental impairment that substantially limits a major life activityRecord of impairmentRegarded as having impairment Slide15
GENETIC INFORMATION
NONDISCRIMINATION ACT of 2008The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. An employer may never use genetic information to make an employment decision because genetic information is not relevant to an individual's current ability to work.Slide16
Casual conversation
Voluntary basis – Wellness programsFMLA leave Commercially and publicly available documentsGenetic monitoring programs or DNA testingGINA EXCEPTIONSSlide17
RETALIATION
All of the laws we enforce make it illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).Slide18
RETALIATION
Elements of a retaliation claimProtected activityAlleged retaliator knew of the protected activityAdverse actionCausal connection between protected activity and adverse actionSlide19
SEXUAL HARASSMENT
Unwelcome conduct based on protected basisTangible job actionHostile environmentSlide20
SEXUAL HARASSMENT
Can involve…Co-workerSupervisorSupervisor in another areaNon-employee (client, contractors, temporary workers, etc.)Victim and harasser can be any genderHarasser does not have to be of opposite sexSlide21
TITLE VII
WEBSITE INFORMATIONSlide22
EEO COUNSELORS
INTRANET ONLYSlide23
TITLE VII WEBSITE
INTERNET Slide24
Title VII Website
INTERNET Slide25
Title VII Website
INTERNET Slide26
COMPLAINT PROCESSSlide27
FORMAL COMPLAINTS – FILING (INTERNALLY)
Individuals can file directly with the:1. Civil Rights Division OR2. Grievance process in Human ResourcesSlide28
MEDIATION
Encouraged to resolve at lowest levelVOLUNTARYAll individuals must agree in order to take placeSlide29
BENEFITS OF MEDIATION
Oklahoma Merit Protection Commission’s (MPC) Mediation Program (www.mpc.ok.gov)FreeNon-bias mediatorAnyone can requestVenting, personality issues, formal complaintsSlide30
MEDIATION AGREEMENTS
Signed by MPC DirectorBinding by Merit RulesGrievance can filed if agreement is brokenSlide31
MEDIATION
Investigation will continue if an agreement is not formed during mediationIndividual does not lose anything by trying mediation firstSlide32
FILING WITH
CIVIL RIGHTS DIVISIONForm available online or by contacting Civil Rights DivisionFiled no later than 180 calendar days following:Date of the alleged action of discrimination; orWhere there has been a continuing course of conduct, the date on which that conduct was discoveredSlide33
FILING – CIVIL RIGHTS
TIMEFRAMESTen (10) business days – Acknowledge receiptSixty (60) days – Investigation completedNinety (90) calendar days – Final decision by ODOT DirectorSlide34
FILING WITH
HUMAN RESOURCESIndividual uses Grievance FormFiled no later than 20 calendar days following:Date of the alleged action of discrimination; orWhere there has been a continuing course of conduct, the date on which that conduct was discoveredSlide35
FILING – HUMAN RESOURCES
TIMEFRAMES* All discrimination grievances will be forwarded to the Civil Rights Division for investigation. 45 calendar days – Resolved15 days – extend resolution for good cause30 days – mutually extend resolutionNot to exceed 90 calendar days
ODOT Director makes final decisionSlide36
Individual can also
file externally with:Oklahoma Merit Protection CommissionAttorney General’s OfficeEqual Employment Opportunity Commission (EEOC)Individual can also file in multiple entities (internally & externally)FORMAL COMPLAINTS – FILING (EXTERNALLY)Slide37
EEO COUNSELOR’S ROLES & RESPONSIBILITIESSlide38
EEO COUNSELOR
Provide information to your division on:Title VII websiteComplaint form & complaint processComplaint form (let employee fill out the form)Post notice or inform division you are the EEO counselorBe alert on any issues can could be discriminatorySlide39
EEO COUNSELOR
Be helpful to others in your divisionRemain confidentialityDo NOT tell supervisor if employee vents to you (let Civil Rights handle proper procedures)Inform Civil Rights Division on formal complaints or potential issues Slide40
Jenny Chong
Title VII & VI CoordinatorCivil Rights Division(w) 405-521-2072(c) 405-423-4130jchong@odot.orgTITLE VII COORDINATOR CONTACT