Post on 16-Jan-2016
description
EEO Best Practices: Addressing and Preventing Discrimination
February 12, 2013MHRMA
Objectives for Today
Today’s session will introduce:• Key elements of an effective
discrimination prevention program
• MCAD discrimination prevention resources
Role of the MCAD
• Receives complaints from employees and others who feel they have experienced discrimination
• Statute of limitations• Intake mediation
investigation hearing• 3,000 to 4,000 cases each year• 85% employment cases
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Forms of Discrimination
• Disparate Treatment• Harassment
– Quid Pro Quo– Hostile Environment
(sexual or other forms)
• Disparate Impact• Accommodation
– Disability or Religion
Mass. General Law 151B: EmploymentActions cannot be
based on:• Age• Criminal records
(inquiries only)• Disability• Gender• Gender
expression• Genetics
•Military personnel
•National origin or ancestry
•Race or color•Religion•Retaliation•Sexual orientation
The EEO Function: Policies
• General EEO policy
• Discriminatory harassment policy
• Professional conduct policy
• All policies translated as needed
POLICY
EEO Policies: What Mass. Law Says
• Every employer shall:– adopt a policy against sexual
harassment– provide an individual copy to new
employees when hired, and annually to all employees
• MCAD provides model policy and poster
• Training strongly encouraged for: – new employees within 1 year– new supervisors within 1 year
• Mass. Gen. Law 151B, §3a
EEO Policies: Key Elements
• Forms of discrimination • Examples of actions that may violate
the policy and/or require reporting• Groups protected, including
retaliation• Who to contact with
concerns and accommodation requests
• Procedures for investigations and remedial action
• How to contact the MCAD/EEOC and statute of limitations
POLICY
The EEO Function: Procedures
• Regular policy distribution• Inclusive recruitment program
and non-discriminatory job descriptions, hiring criteria and hiring practices
• Non-discriminatory performance management
• Careful review of accommodation requests
• Equal service for customers
Accommodation Procedures
• Well-written job descriptions• Recognize requests• Analyze medical
documentation• Ensure an interactive dialogue
and analyze reasonableness• Implement and evaluate
accommodations• Consider leave rights
The EEO Function: Complaints
• At least 2 individuals named to receive internal complaints
• Each trained to conduct discrimination complaint investigations
• Prompt, neutral investigations with thorough follow-up
Internal Investigations1. Meet with the complaining
employee2. Plan the investigation3. Conduct witness interviews
and collect relevant documents
4. Complete a final report5. Take next steps as needed
The EEO Function: Training
• Why is it important to conduct regular discrimination prevention training for managers and supervisors?
• For line staff?
Effective EEO Training Strategies
• Tailor design initial, refresher, and remedial sessions
• Incorporate interactive methods to ensure understanding, application, and retention
• Often need 3½ (employees) to 4 hours (managers) to cover essential elements
• Shorter refresher sessions every 1 to 3 years
EEO Training Strategies, cont.
• 25 or fewer participants per session
• Participation of all employees with translation as needed
• Training of trainer• Sign-in sheet• Continual
evaluation, fine-tuning, and updating
Trainer Selection and Preparation
• Can use MCAD or our trainer referral list
• Evaluate potential trainers’:– Past training experience– Interactive training strategies– Understanding of work
environment and ability to tailor training
• Collaborate with the trainer to ensure design matches employees’ needs
MCAD Courses for EEO Professionals
• Two half-day prerequisites plus four modules:– Two Train-the-Trainer modules– Conducting Internal
Discrimination Complaint Investigations
– Responding to Accommodation Requests
• Enrollment in fall • Each module includes
practicum
Other MCAD Resources• Free complaint mediation
program • Fee-for-service training• Referrals to trainers, internal
investigators, and accommodation consultants
• Web site with guidelines, posters, and other publications: www.mass.gov/mcad
Table Discussion: Next Steps
• What is one next step you’d like to take to improve the discrimination prevention program in your workplace?
EEOEEO
For More Information
• Contact the MCAD Training Unit Assistant at 617-994-6072 or Training.Assistant@state.ma.us