EEO for Employees
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Description: Review of the EEO process from counseling to court and emphasis on issues such as harassment, sexual harassment, reprisal and disability. Combination of lecture with numerous real life problems and scenarios (i.e., “You be the Judge”).
Length: 2 or 4 hours.
EEO: A Better Understanding
TABLE OF CONTENTS
Page
PART 1: INTRODUCTION & OVERVIEW 1
Bases Of Discrimination 2
PART 2: THE EEO LAWS 3
I. The Four EEO Laws 3
A. Title VII (race, color, sex, religion, national origin) 3
B. The Rehabilitation Act (disability) 4
C. Age Discrimination in Employment Act (age) 4
D. Equal Pay Act (equal pay for equal work) 4
E. Two Family Leave Laws 5
1. The Family and Medical Leave Act 5
2. The Federal Employees Family Friendly Leave Act 5
F. Three Executive Orders 6
1. An Extra 24 hours of Special Leave (LWOP) 6
2. No Discrimination Based on Status as a Parent 7
3. No Genetic Testing and Family History Discrimination 7
PART 3: THE THEORIES 8
I. The Theories 8
A. Disparate Treatment Theory 8
B. Religious Accommodation Theory 11
C. Retaliation Theory 12
D. Disparate Impact Theory 12
E. National Origin Discrimination 13
1. Speak English only 13
2. Foreign accent 13
PART 4: DISABILITY DISCRIMINATION COMPLAINTS 14
The Important Questions 14
I. Claims of Disability Discrimination 14
A. Use "Disability" not "Handicap" 14
B. The Two Obligations: (1) Nondiscrimination and
(2) The Affirmative Obligation to Accommodate 14
C. Employees Covered by the Rehabilitation Act 15
D. Reasonable Accommodation 16
1. Examples of Reasonable Accommodation 17
2. The Interactive Process 17
3. Technical Assistance 19
a. The Job Accommodation Network 19
b. GSA’s Center for IT Accommodation 20
c. RESNA Technical Assistance Project 20
4. Job Accommodation Ideas 21
a. The Cost of Reasonable Accommodation 21
b. Problems and Solutions 21
E. Undue Hardship 22
F. AIDS/HIV and Infectious Diseases 23
Alcoholism 24
Performance and Conduct Standards 24
Severe Hearing Impairments 25
J. Risk of Future Injury 25
PART 5: A CLOSER LOOK AT EEO HARASSMENT CLAIMS 27
I. The Definition of Harassment 29
II. Air Force Policy and Management Responsibility 29
III. What Should I Do? 30
IV. What Will March ARB Do? 33
PART 6: REMEDIES FOR DISCRIMINATION 34
PART 7: ALTERNATIVE DISPUTE RESOLUTION 35
I. Advantages of Using ADR 36
II. The Various Techniques 36
PART 8: EEO COUNSELING – An Overview 38
I. Contacting an EEO Counselor (within 45 days) 39
II. EEO Counseling 40
PART 9: SEXUAL ORIENTATION DISCRIMINATION 40
PART 10: OTHER FEDERAL AGENCIES AND PROCESSES 41
I. Introduction 41
II. The Merit Systems Protection Board (MSPB) 41
III. Federal Labor Relations Authority (FLRA) 41
IV. Grievance Arbitration 41
V. The Office of Personnel Management (OPM) 42
VI. Office Of Special Counsel (OSC) 42
PART 11: WHISTLEBLOWER REPRISAL 43
PART 12: EXERCISES 44
The Federal Employee EEO Process The last page
Table of Contents
I. Introduction II. Understanding the EEO Process III. Sex Harassment: The Definition IV. The Kinds of Sexual Harassment V. Non Sexual Harassment (I.E., On the Basis of other EEO categories) VI. Proof of Harassment: A Closer Look at What Is Required VII. Other Frequently Raised EEO Issues:
Reprisal, Disability, and Religion
A. Reprisal
B. Disability
C. Religion
VIII. Mediation and Settlement of Complaints IX. Conclusion Attachment A: Exercises
