EEO TRNG For Supervisors


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EEO TRNG For Supervisors

  1. 1. Compliance Training ABC INC. Employment Law Compliance Training
  2. 2. Employment Law Compliance As an employee, you are given information regarding many subjects, benefits, job responsibilities, business objectives, etc. Managing employees according to legal requirements is also one of the responsibilities we take seriously at ABC INC.. No one can say they are too busy to understand and abide by legal requirements.
  3. 3. Employment Law CompliancePurpose of Training: Understanding and adhering to the laws governing employee management is critical to the success of our business and is a condition of employment. The purpose of this session is to provide you with information regarding key federal laws governing employee management. State employment laws will be enforced by the sites.
  4. 4. Employment Law ComplianceABC INC. is committed to: – High moral and ethical standards – Conducting business with honesty and integrity – Complying with all applicable laws – Meeting obligations to all who have a personal, professional or financial stake in what we do
  5. 5. Employment Law ComplianceEvery manager is personallyresponsible and accountablefor meeting all legalrequirements when makingdecisions that will impactemployees.
  6. 6. Employment Law Compliance ABC INC., as an employer, is subject to many federal and state laws governing the treatment of employees. We are committed to abiding by these laws and creating a workplace that is mentally and physically healthy for all our employees.
  7. 7. Federal Employment LawsThis training covers the following areas: EEO Affirmative Action Non-Harassment Disability Employee Leave Benefits Sexual Harassment is covered in a separate reference
  8. 8. Federal Employment LawsEqual Employment Opportunity (EEO): Civil Rights Act of 1964 Age Discrimination in Employment Act of 1967 Equal Pay Act of 1963 Immigration Reform & Control Act of 1986 Pregnancy Discrimination Act of 1978
  9. 9. Federal Employment LawsAffirmative Action: Executive Order 11246 Rehabilitation Act of 1973 Vietnam Era Veterans Readjustment Assistance Act of 1974 Veterans Employment Opportunities Act of 1998
  10. 10. Federal Employment LawsNon-Harassment: Civil Rights Act of 1964
  11. 11. Federal Employment LawsDisability: Americans With Disabilities Act of 1990
  12. 12. Federal Employment LawsEmployee Leave Benefits: Family and Medical Leave Act Jury Duty Leave Uniformed Services Employment & Reemployment Rights Act of 1994 Pregnancy Leave
  13. 13. Federal Employment Laws We will look at each of these categories in more detail. You will learn more about the requirements of each law.
  14. 14. Equal Employment Opportunity EEO: The Civil Rights Act of 1964 offers the broadest employment protections for employees. It says managers may make decisions about hiring, firing, training, compensation, job assignments, and any other conditions of employment based upon legitimate business criteria, but NOT based on:
  15. 15. Equal Employment Opportunity Race Color Religion National Origin Sex (Including sexual harassment and pregnancy) Equal Employment Opportunity means “Equal Access” for qualified people.
  16. 16. Equal Employment Opportunity Ifwe consider someone’s race, color, sex, religion, or national origin in our employment decisions we are illegally discriminating. Since race, color, sex, religion and national origin have nothing to do with anyone’s ability to do a job, they may not be considered in our decision making.
  17. 17. Equal Employment Opportunity The Age Discrimination in Employment Act of 1967 says we may not make our employment decisions based on the age of an applicant or employee. It protects people over the age of 40. With few exceptions, employees may not be forced to retire at any given age either.
  18. 18. Equal Employment Opportunity The Equal Pay Act of 1963 tells us we must pay men and women equally if they are doing the same jobs under the same conditions. It is not acceptable to pay a woman less than a man if they are performing the same work. It is acceptable to implement a fair compensation system like that used at ABC INC..
  19. 19. Equal Employment Opportunity  The Immigration Reform & Control Act of 1986 requires every employer to obtain documented proof that each new employee has the right to work in this country and that they are who they claim to be.  It prohibits discrimination based on national origin.
  20. 20. Equal Employment OpportunityUnder the Immigration Reform & Control Actof 1986 new employees have 72 hours todeliver to ABC INC. the documents requiredto support their I-9 Form entries.If those documents are not delivered in the3-day period, the law says the companymust remove that employee from thepayroll.
  21. 21. Equal Employment Opportunity The I-9 Form specifies which documents are acceptable to prove identify and which are acceptable to prove right to work in this country. It is common to have people offer passports, social security cards, driver’s license or special visas to satisfy these requirements.
  22. 22. Equal Employment Opportunity The Pregnancy Discrimination Act of 1978 offers protection to all pregnant female employees, regardless of length of service. It requires ABC INC. and other employers to offer the same disability benefits to pregnant women as to any other disabled employee. Pregnancy leave comes with a guaranteed return to the same or similar job at the same or similar pay under the same or similar working conditions and location.
  23. 23. Equal Employment Opportunity Equal Employment Opportunity (EEO) laws prohibit us from making employment decisions using:  Race  Color  Religion  National Origin  Sex  Age  Compensation differences based on sex or race
  24. 24. Equal Employment OpportunityIf you believe you have experienced illegaldiscrimination, you may file a complaint withABC INC.. Your complaint will beinvestigated thoroughly and you will receivefeedback about the result.
  25. 25. Equal Employment OpportunityEveryone is entitled to exercise their right to filetheir complaint with a state or federalenforcement agency.Once an external agency begins itsinvestigation, the company may no longerdiscuss the problem with you directly. Allcommunication about your complaint must bethrough the enforcement agency.
  26. 26. Equal Employment OpportunityIt is often faster to ask the company toinvestigate your complaint. If you are notsatisfied with the result, you may still ask forhelp from a state or federal agency.If you wish the company to investigate yourcomplaint contact your HR representative, asupervisor you can trust, or call the EthicsHelpline at 1-888-912-2112
  27. 27. Affirmative Action ProgramsAffirmative Action is a program developed bythe federal government to force vendors andcontractors to implement equal employ-mentopportunity programs.Affirmative Action is an “outreach andrecruiting program” to assure we havediversity in our candidate pools from whichemployees are selected.
  28. 28. Affirmative Action Programs Affirmative Action Plans must be developed and updated each year. There are requirements that we establish outreach and recruiting programs for: – Minorities and Women – Disabled – Veterans
  29. 29. Affirmative Action ProgramsAffirmative Action for Minorities & Women Requires statistical analysis of our workforce by race and sex so we know where to place our future recruiting efforts. Requires narrative description of our company’s support of community programs, special recruiting efforts, and identification of numerical imbalance of minorities or women in portions of our workforce.
  30. 30. Affirmative Action ProgramsAffirmative Action for the Disabled requires Outreach and recruiting of qualified disabled individuals Accommodation for people who need it and are otherwise able to perform the job’s essential functions
  31. 31. Affirmative Action ProgramsAffirmative Action for Veterans requires Outreach and recruiting of qualified veterans and disabled veterans. Accommodation for people who need it and are otherwise able to perform the job’s essential functions.
  32. 32. Affirmative Action ProgramsThe Rehabilitation Act of 1973 required accommodation for disabilities long before anyone had heard of the Americans With Disabilities Act (ADA). It applies only to contractors who sell goods or services to the federal government.
  33. 33. Affirmative Action Programs The Vietnam Era Veterans Readjustment Assistance Act of 1974 was specifically designed to help Vietnam veterans and disabled veterans. In 1998, the Veterans Employment Opportunities Act was passed by Congress to extend the affirmative action umbrella to all veterans of any recognized war or military campaign.
  34. 34. Affirmative Action ProgramsAs an affirmative action employer, ABC INC.invites veterans and people with disabilities toself-identify. All disabled employees areinvited to request job accommodation ifnecessary in the employee’s view. Thecompany seriously considers every request.
  35. 35. Affirmative Action ProgramsYou are welcome to review your site’sAffirmative Action Program for Veterans andPeople with Disabilities by visiting the HumanResource Office.
  36. 36. Affirmative Action ProgramsAt ABC INC. every employee is valued for the contributions they make.
  37. 37. Non-Harassment Supreme Court rulings prohibit employee harassment based on Age Race Religion National Origin Sex (Gender) Disability
  38. 38. Non-Harassment One of the most often talked-about forms of harassment is sexual harassment. Because sexual harassment is more complex, the subject is covered separately in the last reference item, identified as “Sexual Harassment in the Workplace” A copy of this brochure can be obtained by printing a copy or asking your HR Representative for a copy of the brochure.
  39. 39. Non-Harassment Hostile environment harassment is any verbal, physical, or visual conduct which interferes with a persons job performance, or creates an intimidating offensive working environment even if there is no tangible or economic loss. Examples are ethic emails, jokes or slurs, offensive pictures, treating people in hostile manner because of their race, age, etc.
  40. 40. Non-HarassmentThe majority of complaints involve subtleforms of harassment such as casual remarksdisguised as social interactions. Individualssometimes think that it is acceptablebecause they have such a good relationshipwith the individual.These subtle infringements are the hardest todetect and but just as damaging and just asillegal.
  41. 41. Non-Harassment ABC INC. has a complaint process for employees who feel they have been victims of harassment. No employee will experience retaliation for filing a complaint of harassment or any other type of discrimination.
  42. 42. DisabilityViolations of the ADA or the RehabilitationAct are considered illegal employmentdiscrimination.Failing to make a reasonable accommoda-tion when requested is only permitted if thecompany can show that doing so would bean “undue hardship.” There are fewsituations that would pose an unduehardship for ABC INC..
  43. 43. DisabilityWhen the company makes an accommoda-tion to adisabled employee, it is not offering specialtreatment. All disabled employees are expected toperform the essential functions of their jobs.All managers and employees must recognize thatdisability accommodation is a legal requirement thathelps ABC INC. retain productive workers.
  44. 44. DisabilityA disabled employee may identify herself or himselfat any time.Once someone identifies himself or herself asdisabled, they may or may not feel it necessary torequest a job accommodation.Requests for job accommodation must be initiatedby the disabled employee - just contact your HRRepresentative or talk to your manager.
  45. 45. Employee Leave BenefitsFamily and Medical Leave ABC INC. is subject to the Family and Medical Leave Act which requires us to offer up to 12 weeks of non-paid time off for A serious health condition that makes the employee unable to perform his or her job; Birth and care of a newborn child; Adoption or foster care of a child; Care of the employee’s spouse, child or parent who has a serious health condition. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in USA Military Branch of Service including National Guard, or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies Eligible employees may take up to 26 weeks of leave to care for a covered service member during a single 12-month period.
  46. 46. Employee Leave BenefitsTo be eligible for Family and Medical Leave,an employee must have worked at least1,250 hours for ABC INC. in the last 12months.
  47. 47. Employee Leave Benefits Family and Medical Leave does not have to be taken all at once. For example, if circumstances require an employee to be absent one day a week for chemotherapy, the leave would apply to those days and is called “Intermittent Leave.”
  48. 48. Employee Leave BenefitsDuring Family and Medical Leave, thecompany will continue to pay its regularcontribution to employee health insurancecoverage.Employees are guaranteed a return to workat their former job following a Family andMedical Leave.
  49. 49. Employee Leave Benefits Often, state laws must be considered when determining an employee’s Family and Medical Leave benefits. If you need more information about how Family and Medical Leave can help you, please call your Human Resource office. They will get you the answers you need.
  50. 50. Employee Leave Benefits Jury Duty Leave When an employee is called to serve on a jury, or to act as a witness in a court case, they will be placed on Jury Duty Leave or Witness Duty Leave. Unless the employee wishes to use vacation time or other paid time off, this leave will be unpaid.
  51. 51. Employee Leave BenefitsEmployees called to Jury Duty or WitnessDuty will usually be asked to provide theirsupervisor with a copy of the summonsshowing that they must appear in court.A copy of the official “Release from Jury Duty”may also be required by supervisors.
  52. 52. Employee Leave BenefitsMilitary Leave Employees who are members of the U.S. uniformed services will be excused from work when they are called to active duty for any reason. This leave is non-paid time.
  53. 53. Employee Leave BenefitsMilitary Leave may involve service in thearmed forces or in another uniformed service,such as the National Health Service.State National Guard members are also givenMilitary Leave when they must report foractive duty.
  54. 54. Employee Leave BenefitsEmployees are guaranteed a return to theirformer jobs when their Military Leave hasended.Your Human Resource office can explain theamount of time you will have to return to yourjob once you are released from active duty.Those periods vary depending on how longyou have been gone.
  55. 55. Employee Leave BenefitsPregnancy Leave Pregnant employees will be treated like any other employee if they are disabled from work due to their pregnancy. Our policy for non- work-related disabilities will be used. As with other disabilities, we will be guided by the input from medical professionals caring for the employee.
  56. 56. Employee Leave BenefitsIt is common for state laws to influence howpregnancy disabilities are handled by ABCINC..If you have questions about PregnancyLeave, talk with your Human Resource office.
  57. 57. Employee Leave BenefitsEmployees on Pregnancy Leave areguaranteed a return to their former job whenreleased by their health care professional.
  58. 58. Summary You have just completed your review of employment laws covering: EEO Affirmative Action Disability Employee Leave Benefits Non Harassment Disability Leaves
  59. 59. Summary If you have a question or concern, we encourage you to contact the HR Manager, any member of the management team, or the company president___________________________