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WORKPLACE
DISCRIMINATION
SUPERVISORY COMPLIANCE TRAINING
eLearning Company
Welcome
Thank you for being here!
WORKPLACE DISCRIMINATION TRAINING
Learning Objectives
 To understand the situations when discrimination can occur
 To learn to avoid discriminatory practices when making employment
decisions
 To become a stronger leader and establish consistent operations that
leave no room for discrimination by managers or employees
WORKPLACE DISCRIMINATION TRAINING
The Definition of Discrimination
“
”
WORKPLACE DISCRIMINATION TRAINING
Employment actions against, and treatment of, City employees and applicants for employment
based on actual or perceived race, color, national origin, alienage or citizenship status, religion or
creed, gender (including ‘gender identity’ -- which refers to a person’s actual or perceived sex, and
includes self-image, appearance, behavior or expression, whether or not different from that
traditionally associated with the legal sex assigned to the person at birth), disability, age (18 and
over), military status, prior record of arrest or conviction, marital status, partnership status, genetic
information or predisposing genetic characteristics, sexual orientation, status as a victim or witness
of domestic violence, sex offenses or stalking, and unemployment status.
NYC Equal Employment Opportunity Policy
The Definition of Discrimination
“
”
WORKPLACE DISCRIMINATION TRAINING
Employment Actions
 What are some employment actions you
take on a daily basis?
WORKPLACE DISCRIMINATION TRAINING
Protected Classes
 Wide variety of protected classes
 Almost anyone can fall into at least one of the protected classes
 Being aware of the protected classes is essential
Protected Classes
What are they and why do they matter?
WORKPLACE DISCRIMINATION TRAINING
Protected Classes
 Race
 Color
 Religion
 National origin
 Age (40 and over)
 Sex
 Pregnancy
 Citizenship
 Familial status
 Disability status
 Veteran status
 Genetic information
WORKPLACE DISCRIMINATION TRAINING
Race and Color
 Title VII of the Civil Rights Act of 1964
 Difference between race and color
 Discrimination based on color can occur in conjunction with
discrimination based on race
 Avoid assuming another person’s race or color
 Stay away from racial stereotyping
WORKPLACE DISCRIMINATION TRAINING
Case Study: Race and Color
In December 2014, two Memphis-based affiliates of Select Staffing, employment companies doing
business in Tennessee, agreed to pay $580,000 to settle allegations they engaged in race and national
origin discrimination. The EEOC's lawsuit charged that the staffing firms had discriminated against four
black temporary employees by failing to place or refer them for employment. The four temporary
employees said while seeking employment through the company's Memphis area facilities, they
witnessed Hispanic applicants getting preferential treatment in hiring and placement.
[Ask the following questions.]
What kind of protected class was discriminated against (race or color)?
What should the supervisor have done to avoid discrimination?
Was this discrimination intentional?
What significance does the fact that “the plaintiffs saw other applicants getting preferential treatment”
have?
WORKPLACE DISCRIMINATION TRAINING
Religion and Creed
 Religion is a federal, state, and NYC protected class
 Creed has added protection in New York
 Creed = a statement of the shared beliefs of a religious community in
the form of a fixed formula summarizing core tenets
 Reasonable accommodation requirement
 Minimal burden and undue hardship
WORKPLACE DISCRIMINATION TRAINING
Reasonable Accommodation
 Flexible scheduling
 Voluntary shift substitutions or swaps
 Job reassignments
 Modifications to workplace policies or practices
 Dress or grooming accommodation for religious reasons
WORKPLACE DISCRIMINATION TRAINING
Case Study: Religion
This text is from a press release issued by the EEOC on September 9, 2013.
A federal judge has found clothing giant Abercrombie & Fitch liable for religious discrimination when it fired Muslim e
Hani Khan for wearing her hijab (religious headscarf), the U.S. Equal Employment Opportunity Commission (EEOC) ann
The ruling came in an employment discrimination lawsuit filed by the federal agency in which Khan intervened.
According to the lawsuit, filed in 2011, 19-year-old Khan started working at the Hollister store (an Abercrombie & Fitc
teenagers aged 14 through 18) at the Hillsdale Shopping Center in San Mateo, Calif., in October 2009. As an "impact
Muslim teen worked primarily in the stockroom. At first she was asked to wear headscarves in Hollister colors, which s
However, in mid-February 2010, she was informed that her hijab violated Abercrombie's "Look Policy," a company-wid
was told she would be taken off schedule unless she removed her headscarf while at work. Khan was fired on Feb. 23
take off the hijab that her religious beliefs compelled her to wear.
[Ask the following questions.]
What should the supervisor have done to avoid discrimination?
What reasonable accommodation should the employer have provided?
Would this reasonable accommodation have placed an undue burden on employer’s operations?
WORKPLACE DISCRIMINATION TRAINING
Disability
 When an employer treats an employee or applicant with a disability
unfavorably because the employee has a disability
 History of a disability
 Believed to have an impairment that is not transitory and minor
 Reasonable accommodation, unless it would cause significant difficulty
or expense for the employer
 Discrimination based on a relationship with a person with a disability
WORKPLACE DISCRIMINATION TRAINING
Definition of Disability
 Has a physical or mental condition that substantially limits a major life
activity (such as walking, talking, seeing, hearing, or learning)
 Has a history of a disability (such as cancer that is in remission)
 Is believed to have a physical or mental impairment that is not
transitory and minor (even if he/she does not have such an impairment)
 Pregnancy or alcoholism can also be considered disabilities
WORKPLACE DISCRIMINATION TRAINING
What is NOT a Disability
 Current illegal drug use
 History of criminal behavior
 Compulsive gambling
 Sexual behavior disorders or a history of sex offenses
 Kleptomania
 Pyromania
WORKPLACE DISCRIMINATION TRAINING
Case Study: Disability
Kmart Corporation was required to pay $102,048 and provide significant equitable relief to settle a federal disability d
According to the lawsuit, after Kmart offered Lorenzo Cook a job at its Hyattsville, Md., store, Cook advised the hiring
not provide a urine sample for the company's mandatory pre-employment drug screening due to his kidney disease a
requested a reasonable accommodation such as a blood test, hair test, or other drug test that did not require a urine
provide that alternative test and denied Cook employment because of his disability, according to the suit.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires employers to provide reasona
including during the application and hiring process, unless it can show it would be an undue hardship. The ADA also p
refusing to hire individuals because of their disability.
[Ask the following questions.]
Is it legal to ask for a proof of a disability?
Can an alternative test be considered a reasonable accommodation?
Would such reasonable accommodation place an undue hardship on the employer?
WORKPLACE DISCRIMINATION TRAINING
National Origin and Citizenship
 People from a particular country or part of the world
 Who have an accent or are of certain ethnicity
 Appear to be of a certain national origin (even if they are not)
 The law also prohibits employers from hiring only U.S. citizens
or lawful permanent residents
WORKPLACE DISCRIMINATION TRAINING
Case Study: National Origin
Grand Junction, Colorado-based Mesa Systems, Inc., a moving and storage company, agreed to pay $450,000 and fur
consent decree to settle a national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Com
employment discrimination settlement ever achieved by the EEOC in Utah.
According to the lawsuit, Hispanic workers employed at Mesa Systems' Salt Lake City warehouse were subjected to di
immigrant employees were subjected to a hostile work environment in many ways, including racist name-calling and
The EEOC also alleged that employees of various national origins were subjected to a restrictive language policy that
Asians/Pacific Islanders. The EEOC further claimed that a number of employees suffered retaliation, including terminat
employee petitions and other complaints were submitted to management about the national origin discrimination.
[Ask the following questions.]
What do you think was the reason for the restrictive language policy?
How could this be achieved without the discriminatory policy?
WORKPLACE DISCRIMINATION TRAINING
Age
 Treating someone (an applicant or employee) less favorably
because of his or her age
 Federal law forbids discrimination of people 40+ years old
 NYS and NYC provide protection to persons 18+ years old
 It is NOT illegal for an employer or other covered entity to favor
an older worker over a younger one
WORKPLACE DISCRIMINATION TRAINING
Case Study: Age
In 2014, a 66-year-old man was awarded $26 million by a jury that found he was discriminated against and harassed b
age.
Bobby Dean Nickel, 64 when he lost his job, was hired by Corporate Express in August of 2002 as a facilities manager.
Express in 2008. For nine years, Nickel had received positive job reviews, according to his Los Angeles Superior Court
Because Corporate Express’ pay scale was higher than pay scales for employees hired by Staples, Nickel alleged in his
wanted to discharge older, higher-paid employees.
Nickel’s complaint also stated that he was a regular butt of jokes at staff meetings and was referred to as “old coot” a
[Ask the following questions.]
What was the significance of the positive job reviews to this case?
Why is a paper trail so important?
WORKPLACE DISCRIMINATION TRAINING
Sex
 Sex discrimination involves treating someone (an applicant or
employee) unfavorably because of that person's sex
 Connection with an organization or group that is generally
associated with people of a certain sex
 Discrimination against an individual because of gender identity,
including transgender status, or because of sexual orientation
WORKPLACE DISCRIMINATION TRAINING
Case Study: Sex
In 2015, international restaurant chain Ruby Tuesday, Inc., agreed to pay $100,000 and implement preventative measu
Opportunity Commission.
The federal agency charged that Ruby Tuesday denied two male employees the opportunity to work as servers in the
EEOC's suit, Ruby Tuesday posted an internal announcement within a nine-state region (Oregon, Arizona, Colorado, Io
positions with company-provided housing and the chance for greater earnings. However, the announcement stated th
housing employees of both genders together.
Ruby Tuesday only selected women for those summer jobs, therefore blocking two male employees from transferring
[Ask the following questions.]
We are used to hearing about sex discrimination occurring against women, but can men also be discriminated agains
Was gender in this case a necessity to perform the work effectively?
WORKPLACE DISCRIMINATION TRAINING
Veteran Status
 Vietnam Era Veterans' Readjustment Assistance Act of 1974
 Vietnam era veterans
 Special disabled veterans
 Recently separated veterans
 Veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized
 Military reservists and National Guard members
WORKPLACE DISCRIMINATION TRAINING
Uniformed Services Employment and Reemployment Rights Act
 The right to be reemployed in a civilian job if the person leaves that
job to perform service in the uniformed service
 The right to be free from discrimination and retaliation
 Health insurance protection
WORKPLACE DISCRIMINATION TRAINING
Case Study: Veteran Status
The case, Erickson v. United States Postal Service, involved Army Special Forces Sergeant Major Richard Erickson. Erick
recipient, was fired from the Postal Service for “excessive absence due to military service.” The Court of Appeals for th
Postal Service to reemploy Mr. Erickson with eleven years of back pay and benefits that could cost the Postal Service o
Mr. Erickson joined the Postal Service in 1988. In 2000, the Postal Service terminated him for excessive use of military
Mr. Erickson's commitments in the Guard often required his absence from the Postal Service. Between 1991 and 1995
and the date of his removal in 2000, he worked at the Postal Service for no more than four days.
The circuit judge based his decision on the following:
The Uniformed Services Employment and Reemployment Rights Act ("USER-RA"), prohibits public and private employ
career service members reemployment rights upon the completion of their military commitments. USERRA does not,
[Ask the following questions.]
What constitutes a military career?
How long did the employer have to wait for Mr. Erickson’s return?
What other rights does Mr. Erickson have under USERRA?
WORKPLACE DISCRIMINATION TRAINING
Genetic Information
 Information about an individual’s and family members’ genetic tests
 Information about the manifestation of a disease or disorder
 Individual's request for, or receipt of, genetic services
 Participation in clinical research that includes genetic services
WORKPLACE DISCRIMINATION TRAINING
Case Study: Genetic Information
Fabricut, Inc., one of the world's largest distributors of decorative fabrics, had to pay $50,000 and furnish other relief
Employment Opportunity Commission. This was the first lawsuit ever filed by the EEOC alleging genetic discriminatio
According to the EEOC's suit, Rhonda Jones worked for Fabricut in a temporary position as a memo clerk for 90 day
position. Fabricut made Jones an offer of permanent employment on Aug. 9, 2011, and sent her to its contract medi
for her physical, she was required to fill out a questionnaire and disclose the existence of numerous separately listed
hypertension, cancer, tuberculosis, diabetes, arthritis, and "mental disorders" in her family.
Jones was then subjected to medical testing, from which the examiner concluded that further evaluation was needed
Fabricut told Jones she needed to be evaluated for CTS by her personal physician and then provide the company wi
Although Jones provided this information to Fabricut, the company rescinded its job offer because Knox Labs indica
did not have CTS, but Fabricut ignored her plea.
In its lawsuit, the EEOC charged that Tulsa-based Fabricut violated the Americans with Disabilities Act (ADA) when it
tunnel syndrome, and violated the Genetic Information Nondiscrimination Act (GINA) when it asked for her family m
[Ask the following questions.]
Resolving Discrimination Claims
What resources does an employee have?
WORKPLACE DISCRIMINATION TRAINING
Equal Employment Opportunity Commission (EEOC)
 Federal agency enforcing federal laws that prohibit harassment,
discrimination, and retaliation
 Authority to investigate charges of discrimination against employers
 Fairly and accurately assess the allegations in the charge, make a finding
 Authority to file a lawsuit
 Works to prevent discrimination before it occurs
WORKPLACE DISCRIMINATION TRAINING
Claims of Discrimination
 Immediate supervisor
 Human Resources
 Department manager
 Area manager
 Employee hotline
Internal resources External resources
 EEOC
 Union representative
 State or local government
 Media
 Friends
Lesson Summary
What we have discussed in this lesson?
WORKPLACE DISCRIMINATION TRAINING
Protected Classes
 Race
 Color
 Religion
 National origin
 Age (40 and over)
 Sex
 Pregnancy
 Citizenship
 Familial status
 Disability status
 Veteran status
 Genetic information
 And more as defined by federal, state, and local law
WORKPLACE DISCRIMINATION TRAINING
Reasonable Accommodation
 Flexible scheduling
 Voluntary shift substitutions or swaps
 Job reassignments
 Modifications to workplace policies or practices
 Dress or grooming accommodation
WORKPLACE DISCRIMINATION TRAINING
REMEMBER:
We want our employees to have the confidence that
any issue can be resolved within the company, without
the need to involve any additional parties.
Thank you!
Thank you for your participation.
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Discrimination training storyboard

  • 2. Welcome Thank you for being here!
  • 3. WORKPLACE DISCRIMINATION TRAINING Learning Objectives  To understand the situations when discrimination can occur  To learn to avoid discriminatory practices when making employment decisions  To become a stronger leader and establish consistent operations that leave no room for discrimination by managers or employees
  • 4. WORKPLACE DISCRIMINATION TRAINING The Definition of Discrimination “ ”
  • 5. WORKPLACE DISCRIMINATION TRAINING Employment actions against, and treatment of, City employees and applicants for employment based on actual or perceived race, color, national origin, alienage or citizenship status, religion or creed, gender (including ‘gender identity’ -- which refers to a person’s actual or perceived sex, and includes self-image, appearance, behavior or expression, whether or not different from that traditionally associated with the legal sex assigned to the person at birth), disability, age (18 and over), military status, prior record of arrest or conviction, marital status, partnership status, genetic information or predisposing genetic characteristics, sexual orientation, status as a victim or witness of domestic violence, sex offenses or stalking, and unemployment status. NYC Equal Employment Opportunity Policy The Definition of Discrimination “ ”
  • 6. WORKPLACE DISCRIMINATION TRAINING Employment Actions  What are some employment actions you take on a daily basis?
  • 7. WORKPLACE DISCRIMINATION TRAINING Protected Classes  Wide variety of protected classes  Almost anyone can fall into at least one of the protected classes  Being aware of the protected classes is essential
  • 8. Protected Classes What are they and why do they matter?
  • 9. WORKPLACE DISCRIMINATION TRAINING Protected Classes  Race  Color  Religion  National origin  Age (40 and over)  Sex  Pregnancy  Citizenship  Familial status  Disability status  Veteran status  Genetic information
  • 10. WORKPLACE DISCRIMINATION TRAINING Race and Color  Title VII of the Civil Rights Act of 1964  Difference between race and color  Discrimination based on color can occur in conjunction with discrimination based on race  Avoid assuming another person’s race or color  Stay away from racial stereotyping
  • 11. WORKPLACE DISCRIMINATION TRAINING Case Study: Race and Color In December 2014, two Memphis-based affiliates of Select Staffing, employment companies doing business in Tennessee, agreed to pay $580,000 to settle allegations they engaged in race and national origin discrimination. The EEOC's lawsuit charged that the staffing firms had discriminated against four black temporary employees by failing to place or refer them for employment. The four temporary employees said while seeking employment through the company's Memphis area facilities, they witnessed Hispanic applicants getting preferential treatment in hiring and placement. [Ask the following questions.] What kind of protected class was discriminated against (race or color)? What should the supervisor have done to avoid discrimination? Was this discrimination intentional? What significance does the fact that “the plaintiffs saw other applicants getting preferential treatment” have?
  • 12. WORKPLACE DISCRIMINATION TRAINING Religion and Creed  Religion is a federal, state, and NYC protected class  Creed has added protection in New York  Creed = a statement of the shared beliefs of a religious community in the form of a fixed formula summarizing core tenets  Reasonable accommodation requirement  Minimal burden and undue hardship
  • 13. WORKPLACE DISCRIMINATION TRAINING Reasonable Accommodation  Flexible scheduling  Voluntary shift substitutions or swaps  Job reassignments  Modifications to workplace policies or practices  Dress or grooming accommodation for religious reasons
  • 14. WORKPLACE DISCRIMINATION TRAINING Case Study: Religion This text is from a press release issued by the EEOC on September 9, 2013. A federal judge has found clothing giant Abercrombie & Fitch liable for religious discrimination when it fired Muslim e Hani Khan for wearing her hijab (religious headscarf), the U.S. Equal Employment Opportunity Commission (EEOC) ann The ruling came in an employment discrimination lawsuit filed by the federal agency in which Khan intervened. According to the lawsuit, filed in 2011, 19-year-old Khan started working at the Hollister store (an Abercrombie & Fitc teenagers aged 14 through 18) at the Hillsdale Shopping Center in San Mateo, Calif., in October 2009. As an "impact Muslim teen worked primarily in the stockroom. At first she was asked to wear headscarves in Hollister colors, which s However, in mid-February 2010, she was informed that her hijab violated Abercrombie's "Look Policy," a company-wid was told she would be taken off schedule unless she removed her headscarf while at work. Khan was fired on Feb. 23 take off the hijab that her religious beliefs compelled her to wear. [Ask the following questions.] What should the supervisor have done to avoid discrimination? What reasonable accommodation should the employer have provided? Would this reasonable accommodation have placed an undue burden on employer’s operations?
  • 15. WORKPLACE DISCRIMINATION TRAINING Disability  When an employer treats an employee or applicant with a disability unfavorably because the employee has a disability  History of a disability  Believed to have an impairment that is not transitory and minor  Reasonable accommodation, unless it would cause significant difficulty or expense for the employer  Discrimination based on a relationship with a person with a disability
  • 16. WORKPLACE DISCRIMINATION TRAINING Definition of Disability  Has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning)  Has a history of a disability (such as cancer that is in remission)  Is believed to have a physical or mental impairment that is not transitory and minor (even if he/she does not have such an impairment)  Pregnancy or alcoholism can also be considered disabilities
  • 17. WORKPLACE DISCRIMINATION TRAINING What is NOT a Disability  Current illegal drug use  History of criminal behavior  Compulsive gambling  Sexual behavior disorders or a history of sex offenses  Kleptomania  Pyromania
  • 18. WORKPLACE DISCRIMINATION TRAINING Case Study: Disability Kmart Corporation was required to pay $102,048 and provide significant equitable relief to settle a federal disability d According to the lawsuit, after Kmart offered Lorenzo Cook a job at its Hyattsville, Md., store, Cook advised the hiring not provide a urine sample for the company's mandatory pre-employment drug screening due to his kidney disease a requested a reasonable accommodation such as a blood test, hair test, or other drug test that did not require a urine provide that alternative test and denied Cook employment because of his disability, according to the suit. Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires employers to provide reasona including during the application and hiring process, unless it can show it would be an undue hardship. The ADA also p refusing to hire individuals because of their disability. [Ask the following questions.] Is it legal to ask for a proof of a disability? Can an alternative test be considered a reasonable accommodation? Would such reasonable accommodation place an undue hardship on the employer?
  • 19. WORKPLACE DISCRIMINATION TRAINING National Origin and Citizenship  People from a particular country or part of the world  Who have an accent or are of certain ethnicity  Appear to be of a certain national origin (even if they are not)  The law also prohibits employers from hiring only U.S. citizens or lawful permanent residents
  • 20. WORKPLACE DISCRIMINATION TRAINING Case Study: National Origin Grand Junction, Colorado-based Mesa Systems, Inc., a moving and storage company, agreed to pay $450,000 and fur consent decree to settle a national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Com employment discrimination settlement ever achieved by the EEOC in Utah. According to the lawsuit, Hispanic workers employed at Mesa Systems' Salt Lake City warehouse were subjected to di immigrant employees were subjected to a hostile work environment in many ways, including racist name-calling and The EEOC also alleged that employees of various national origins were subjected to a restrictive language policy that Asians/Pacific Islanders. The EEOC further claimed that a number of employees suffered retaliation, including terminat employee petitions and other complaints were submitted to management about the national origin discrimination. [Ask the following questions.] What do you think was the reason for the restrictive language policy? How could this be achieved without the discriminatory policy?
  • 21. WORKPLACE DISCRIMINATION TRAINING Age  Treating someone (an applicant or employee) less favorably because of his or her age  Federal law forbids discrimination of people 40+ years old  NYS and NYC provide protection to persons 18+ years old  It is NOT illegal for an employer or other covered entity to favor an older worker over a younger one
  • 22. WORKPLACE DISCRIMINATION TRAINING Case Study: Age In 2014, a 66-year-old man was awarded $26 million by a jury that found he was discriminated against and harassed b age. Bobby Dean Nickel, 64 when he lost his job, was hired by Corporate Express in August of 2002 as a facilities manager. Express in 2008. For nine years, Nickel had received positive job reviews, according to his Los Angeles Superior Court Because Corporate Express’ pay scale was higher than pay scales for employees hired by Staples, Nickel alleged in his wanted to discharge older, higher-paid employees. Nickel’s complaint also stated that he was a regular butt of jokes at staff meetings and was referred to as “old coot” a [Ask the following questions.] What was the significance of the positive job reviews to this case? Why is a paper trail so important?
  • 23. WORKPLACE DISCRIMINATION TRAINING Sex  Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex  Connection with an organization or group that is generally associated with people of a certain sex  Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation
  • 24. WORKPLACE DISCRIMINATION TRAINING Case Study: Sex In 2015, international restaurant chain Ruby Tuesday, Inc., agreed to pay $100,000 and implement preventative measu Opportunity Commission. The federal agency charged that Ruby Tuesday denied two male employees the opportunity to work as servers in the EEOC's suit, Ruby Tuesday posted an internal announcement within a nine-state region (Oregon, Arizona, Colorado, Io positions with company-provided housing and the chance for greater earnings. However, the announcement stated th housing employees of both genders together. Ruby Tuesday only selected women for those summer jobs, therefore blocking two male employees from transferring [Ask the following questions.] We are used to hearing about sex discrimination occurring against women, but can men also be discriminated agains Was gender in this case a necessity to perform the work effectively?
  • 25. WORKPLACE DISCRIMINATION TRAINING Veteran Status  Vietnam Era Veterans' Readjustment Assistance Act of 1974  Vietnam era veterans  Special disabled veterans  Recently separated veterans  Veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized  Military reservists and National Guard members
  • 26. WORKPLACE DISCRIMINATION TRAINING Uniformed Services Employment and Reemployment Rights Act  The right to be reemployed in a civilian job if the person leaves that job to perform service in the uniformed service  The right to be free from discrimination and retaliation  Health insurance protection
  • 27. WORKPLACE DISCRIMINATION TRAINING Case Study: Veteran Status The case, Erickson v. United States Postal Service, involved Army Special Forces Sergeant Major Richard Erickson. Erick recipient, was fired from the Postal Service for “excessive absence due to military service.” The Court of Appeals for th Postal Service to reemploy Mr. Erickson with eleven years of back pay and benefits that could cost the Postal Service o Mr. Erickson joined the Postal Service in 1988. In 2000, the Postal Service terminated him for excessive use of military Mr. Erickson's commitments in the Guard often required his absence from the Postal Service. Between 1991 and 1995 and the date of his removal in 2000, he worked at the Postal Service for no more than four days. The circuit judge based his decision on the following: The Uniformed Services Employment and Reemployment Rights Act ("USER-RA"), prohibits public and private employ career service members reemployment rights upon the completion of their military commitments. USERRA does not, [Ask the following questions.] What constitutes a military career? How long did the employer have to wait for Mr. Erickson’s return? What other rights does Mr. Erickson have under USERRA?
  • 28. WORKPLACE DISCRIMINATION TRAINING Genetic Information  Information about an individual’s and family members’ genetic tests  Information about the manifestation of a disease or disorder  Individual's request for, or receipt of, genetic services  Participation in clinical research that includes genetic services
  • 29. WORKPLACE DISCRIMINATION TRAINING Case Study: Genetic Information Fabricut, Inc., one of the world's largest distributors of decorative fabrics, had to pay $50,000 and furnish other relief Employment Opportunity Commission. This was the first lawsuit ever filed by the EEOC alleging genetic discriminatio According to the EEOC's suit, Rhonda Jones worked for Fabricut in a temporary position as a memo clerk for 90 day position. Fabricut made Jones an offer of permanent employment on Aug. 9, 2011, and sent her to its contract medi for her physical, she was required to fill out a questionnaire and disclose the existence of numerous separately listed hypertension, cancer, tuberculosis, diabetes, arthritis, and "mental disorders" in her family. Jones was then subjected to medical testing, from which the examiner concluded that further evaluation was needed Fabricut told Jones she needed to be evaluated for CTS by her personal physician and then provide the company wi Although Jones provided this information to Fabricut, the company rescinded its job offer because Knox Labs indica did not have CTS, but Fabricut ignored her plea. In its lawsuit, the EEOC charged that Tulsa-based Fabricut violated the Americans with Disabilities Act (ADA) when it tunnel syndrome, and violated the Genetic Information Nondiscrimination Act (GINA) when it asked for her family m [Ask the following questions.]
  • 30. Resolving Discrimination Claims What resources does an employee have?
  • 31. WORKPLACE DISCRIMINATION TRAINING Equal Employment Opportunity Commission (EEOC)  Federal agency enforcing federal laws that prohibit harassment, discrimination, and retaliation  Authority to investigate charges of discrimination against employers  Fairly and accurately assess the allegations in the charge, make a finding  Authority to file a lawsuit  Works to prevent discrimination before it occurs
  • 32. WORKPLACE DISCRIMINATION TRAINING Claims of Discrimination  Immediate supervisor  Human Resources  Department manager  Area manager  Employee hotline Internal resources External resources  EEOC  Union representative  State or local government  Media  Friends
  • 33. Lesson Summary What we have discussed in this lesson?
  • 34. WORKPLACE DISCRIMINATION TRAINING Protected Classes  Race  Color  Religion  National origin  Age (40 and over)  Sex  Pregnancy  Citizenship  Familial status  Disability status  Veteran status  Genetic information  And more as defined by federal, state, and local law
  • 35. WORKPLACE DISCRIMINATION TRAINING Reasonable Accommodation  Flexible scheduling  Voluntary shift substitutions or swaps  Job reassignments  Modifications to workplace policies or practices  Dress or grooming accommodation
  • 36. WORKPLACE DISCRIMINATION TRAINING REMEMBER: We want our employees to have the confidence that any issue can be resolved within the company, without the need to involve any additional parties.
  • 37. Thank you! Thank you for your participation.
  • 38. eLearning Company Home Custom eLearning by eLearning Company eLearning Solutions by eLearning Company eLearning Price Quote eLearning Blog

Editor's Notes

  1. Welcome to the training on workplace discrimination. This training will provide all the necessary tools to help you avoid discriminatory practices when making employment decisions on a daily basis.
  2. The learning objectives of this training are:   To understand the situations when discrimination can occur To learn to avoid discriminatory practices when making employment decisions To become a stronger leader and establish consistent operations that leave no room for discrimination by managers or employees
  3. Take a minute to think what the term “discrimination” means to you. Have you witnessed discrimination? In what circumstances can discrimination occur? Is it always intentional? Formulate your answers and then click Next to see how discrimination is defined by the New York City Equal Employment Opportunity Policy.
  4. The New York City Equal Employment Opportunity Policy defines discrimination as: Employment actions against, and treatment of, City employees and applicants for employment based on actual or perceived race, color, national origin, alienage or citizenship status, religion or creed, gender (including ‘gender identity’ -- which refers to a person’s actual or perceived sex, and includes self-image, appearance, behavior or expression, whether or not different from that traditionally associated with the legal sex assigned to the person at birth), disability, age (18 and over), military status, prior record of arrest or conviction, marital status, partnership status, genetic information or predisposing genetic characteristics, sexual orientation, status as a victim or witness of domestic violence, sex offenses or stalking, and unemployment status.
  5. This definition starts with the phrase “Employment actions.” What are some employment actions that you take on a daily basis as a supervisor? Enter your answers one by one in the text field and click Submit. You can click “I’m done” when you enter all of the employment actions you can think of.
  6. In reality, most of the decisions and actions we take at work as supervisors can involve our employees, and therefore can count as employment actions. Decisions such as: hiring, firing, promoting, demoting, disciplining, scheduling, adjusting work hours, granting time off, and many others. Any of these employment decisions you make can result in a discrimination claim if it involves a protected class.
  7. There is a wide variety of protected classes. Almost anyone can fall under at least one of the protected classes. Being aware of the protected classes is essential to not only maintaining a healthy work environment, but also to successfully protecting yourself and your organization from lawsuits alleging discrimination.
  8. According to United States federal anti-discrimination law, a protected class is a group of people with a common characteristic who are legally protected from employment discrimination on the basis of that characteristic. In other words, protected classes are the groups protected from the employment discrimination by law.
  9. Federal Law recognizes the following protected classes:   Race, color, religion, national origin, age (if the person is 40 years old or older), sex, pregnancy, citizenship, familial status, disability status, veteran status, genetic information. We will explore these protected classes in greater detail. Click each item you see on this slide to jump to its description. You will then return back to this slide and will be able to select another protected class.
  10. Race and color as protected classes were first introduced by Title VII of the Civil Rights Act of 1964. It is important to be able to differentiate between these two.   The term “color” usually refers only to skin color or pigmentation. The term “race” usually refers to both physical characteristics and ethnological classifications. Physical characteristics sometimes associated with “race” include facial features, hair texture, and skin color.   The terms “race” and “color” are sometimes used interchangeably, and discrimination based on “color” can occur in conjunction with discrimination based on “race.” However, discrimination based on “color” can occur absent discrimination based on “race,” and vice versa.   Avoiding discrimination claims based on race and color requires avoiding the assumptions of another person’s “race” or “color,” and staying away from racial stereotypes.
  11. Read the case study on this slide and try answering the following questions. Click Next when you are ready to move on.
  12. Religion as a protected class is recognized by all 3 jurisdictions – federal, state, and NYC law. Creed has added protection in New York.   A creed (also confession, symbol, or statement of faith) is a statement of the shared beliefs of a religious community in the form of a fixed formula summarizing core tenets.   The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.
  13. Examples of some common religious accommodations include:   Flexible scheduling Voluntary shift substitutions or swaps Job reassignments Modifications to workplace policies or practices Dress or grooming accommodation for religious reasons
  14. Disability discrimination occurs when an employer treats an employee or applicant with a disability unfavorably because the employee has a disability. Disability discrimination also occurs when an employer treats an applicant or employee less favorably because of a history of a disability (such as cancer that is controlled or in remission) or because the employee is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if the employee does not have such an impairment).   The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense ("undue hardship") for the employer.   The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability).
  15. Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law.   A person can show that he or she has a disability in one of three ways:   A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning). A person may be disabled if he or she has a history of a disability (such as cancer that is in remission). A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).   As you can see, according to the disability criteria even the person who doesn’t have any signs of a disability can still be covered. Also, some unexpected conditions, such as pregnancy or alcoholism, can be considered disabilities.
  16. Now, let’s discuss what’s NOT a disability.   The following conditions are NOT considered disabilities: Current illegal drug use History of criminal behavior Compulsive gambling Sexual behavior disorders or a history of sex offenses Kleptomania Pyromania
  17. National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain national origin (even if they are not). The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.   The law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone, regardless of national origin, if it has a negative impact on people of a certain national origin and is not job-related or necessary to the operation of the business.   For example, an employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An “English-only” rule, which requires employees to speak only English on the job, is only allowed if it is needed to ensure the safe or efficient operation of the employer’s business and is put in place for nondiscriminatory reasons.   The law also prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation, or government contract.
  18. Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age.   The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. However, New York State and New York City laws provide protection to anyone 18 year of age and older.   Under federal law, it is NOT illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination can also occur when the victim and the person who inflicted the discrimination are both over 40.
  19. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex.   Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.   Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation, is also a violation of Title VII.
  20. The affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) prohibits job discrimination in employment of qualified Vietnam era veterans, special disabled veterans, recently separated veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.   This law is enforced by the Veterans' Employment and Training Service (VETS).   Military reservists and National Guard members called to active duty have rights and responsibilities under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
  21. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides the following rights to veterans:   The right to be reemployed in a civilian job if the person leaves that job to perform service in the uniformed service. The right to be free from discrimination and retaliation due to being a member of the uniformed services, application to the uniformed service, or an obligation to serve. Health insurance protection: If an employee leaves the job to perform military service, he/she has the right to elect to continue an existing employer-based health plan coverage for himself/herself and dependents for up to 24 months while in the military.
  22. Under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information.   Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e., family medical history).   Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.   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.
  23. Now that you are familiar with some of the protected classes, let’s discuss what resources an employee has when he or she experiences or witnesses a discriminatory action. We’ve already mentioned the EEOC a few times today – now, we’ll take a closer look at it.
  24. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because the person belongs to one of the EEOC protected classes.   It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law.   Its role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If the EEOC finds that discrimination has occurred, it will try to settle the charge. The EEOC has the authority to file a lawsuit to protect the rights of individuals and the interests of the public.   The EEOC also works to prevent discrimination before it occurs through outreach, education, and technical assistance programs.
  25. There are many internal resources that the employee can consult to resolve a situation that may be perceived as discrimination. These resources include: Immediate supervisor Human Resources Department manager Area manager Employee hotline   There are also a variety of resources an employee can go to outside of the company. These include: EEOC Union representative State or local government Media Friends And many others The truth is, we want our employees to have the confidence that any issue can be resolved to a mutual benefit within the company, without the need to involve any additional parties.
  26. Let’s review what we’ve learned in this training.
  27. The protected classes defined by the legislation include:   Race Color Religion National origin Age (if the person is 40 years and older) Sex Pregnancy Citizenship Familial status Disability status Veteran status Genetic information   And more as defined by federal, state, and local law.
  28. Providing a reasonable accommodation can often eliminate the perception of a discriminatory employment action. Examples of some common reasonable accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices, or dress or grooming accommodation.
  29. And remember: Whatever the situation is, we want our employees to have the confidence that any issue can be resolved within the company, without the need to involve any additional parties.