An

1

• An
• Overview
• of
• Equal Opportunity
• 2004

2
Training Objectives

• EQUAL OPPORTUNITY (EO) PROGRAM
• LEGAL AUTHORITIES
• RELATED CALTRANS POLICIES DIRECTIVES
• MANAGER/SUPERVISOR/Employees RESPONSIBILITIES,
  LIABILITIES, AND PREVENTION STRATEGIES
• OVERVIEW OF COMPLAINT PROCESS
• SEXUAL HARASSMENT PREVENTION

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Headquarters Equal Opportunity
Program Organizational Chart
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Principles of Equal Opportunity
Achieve Equality Come together to achieve an
environment free of discrimination without
regard to race, gender, religion, color, national
origin, age, marital status, sexual orientation,
political affiliation, disability or medical
condition. Appreciate Diversity Recognize and
appreciate the Caltrans Team for its blend of
different cultures, experiences and backgrounds
by working together to enhance our personal and
professional lives and contributing to the
success of a very dynamic Department. Acknowledge
Differences Acknowledge different perspectives
at all levels and embrace the uniqueness that
others add to our personal and professional
growth, talent, and learning.
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EQUAL OPPORTUNITY PROGRAMRoles Responsibilities

• Encourages compliance w/Departmental EO Program
• Increases employee awareness of EO issues
• Provides training, resources information
• Assists w/the resolution of discrimination
  issues,
• and the informal/formal complaint process
• Responds to control agencies
• Provides technical assistance to other partner
  programs i.e., ADA, Reasonable Accommodation

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LEGAL AUTHORITIES (Federal and State)

• TITLE VI, Civil Rights Act of 1964
• TITLE VII, Civil Rights Act of 1964
• Section 504 - REHABILITATION ACT of 1973
• AMERICANS WITH DISABILITIES ACT of 1990 (ADA)
• CALIFORNIA FAIR EMPLOYMENT HOUSING ACT
• of 1959 (FEHA)

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Basis of Protection From Discrimination

• FEDERAL
• Race
• National Origin
• Color
• Religion
• Sex
• Gender
• Sexual Harassment
• Pregnancy
• Age 40 or older
• American with Disabilities Act
• Family Medical Leave Act
• STATE
• Race

• National origin
• Color
• Religion
• Sex
• Age 40 or older
• Ancestry
• Sexual Orientation
• Marital Status
• Disability
• Medical Condition
• Pregnancy Disability Leave
• CA Family Rights Act (CFRA)
• Retaliation
• Perceived Status or Association
• Political Affiliation

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Employment Decisions Regulated by Law

• Hiring, firing, promotions, transfers, layoffs
• Recruitment, testing, advertisements
• Compensation, retirement plans, disability leave
• Training
• Other terms and conditions of employment

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THEORIES OF DISCRIMINATION

• Differential/Disparate Treatment
• Intentionally denying an employment opportunity
  on the basis of a protected characteristic.
• Adverse Impact
• A neutral policy, practice or procedure that
  disproportionately burdens or screens out a
  protected group.

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THEORIES OF DISCRIMINATION

• Perpetuation of Past Discrimination
• Where a past discriminatory policy or practice
  is maintained.
• Reasonable Accommodation
• Failure to provide accommodation for
  disabilities and religious practices.
• Retaliation
• Reprisals against persons who have participated
  in a complaint.

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KEY ELEMENTS OF DISCRIMINATION

• ISSUE - Promotion, Work Environment
• BASIS - Race, Religion, Disability, etc.
• THEORY OF DISCRIMINATION - Retaliation, Disparate
  Treatment, etc.
• CAUSAL LINK - Link between the employment
  practice and the protected characteristic

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KEY ELEMENTS OF DISCRIMINATION

• PRIMA FACIE CASE
• Evidence to support an allegation
• BURDEN OF PROOF
• Obligation to establish a degree of belief.
• PREPONDERANCE OF EVIDENCE
• Standard for evaluating evidence.

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Discriminatory PracticesRegulated by Law

• Harassment based on any protected characteristic.
• Retaliation for filing a complaint of
  discrimination or for participating in an
  investigation.
• Employment decisions based on stereotypes or
  assumptions of a particular group.

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1. TRUE OR FALSE?

• FACT
• NINA VOLUNTARILY RESIGNED AS A
• RESULT OF SERIOUS RACIAL
• HARASSMENT.

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TRUE OR FALSE?

• NINA CANNOT HAVE A VALID CLAIM FOR
• WRONGFUL DISMISSAL IF THE STATE RESPONDED
• TO THE REPORT OF HARASSMENT, RID THE
• WORKPLACE OF HARASSMENT AND TOOK
• CORRECTIVE ACTION AGAINST THOSE
• RESPONSIBLE FOR THE HARASSMENT.

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BEST ANSWER FALSE

• NINA MAY HAVE SUCH A CLAIM IF THE RESPONSE
• CAME AFTER FRONT-LINE SUPERVISORS HAD
• FAILED TO RESPOND TO PRIOR COMPLAINTS,
• RESULTING IN NINAS FORCED DEPARTURE.
• ALTHOUGH THIS EMPLOYER PROPERLY RESPONDED
• AFTER THE FACT, IT FAILED TO PREVENT THE SERIOUS
  
• RACIAL HARASSMENT.

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2. TRUE OR FALSE?

• FACTS WARD IS A STATE WORKER. HIS CO-WORKER,
• SHEILA, COMPLAINS TO HER SUPERVISOR THAT WARD
• IS CONSTANTLY LOSING HIS TEMPER WITH HER AND
• RAISING HIS VOICE IN ANGER. ON SEVERAL
  OCCASIONS,
• WARD HAS SAID DIVISIVE THINGS LIKE
• IF IT WASNT FOR AFFIRMATIVE ACTION, WOMEN WOULD
  
• NOT BE ALLOWED TO DO A MANS JOB - YOU JUST DONT
  
• HAVE WHAT IT TAKES?

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TRUE OR FALSE?

• THIS MAY BE RUDE CONDUCT ON WARDS PART,
• BUT IT IS NOT SEXUAL OR GENDER HARASSMENT
• BECAUSE WARD HAS A RIGHT TO EXPRESS HIS
• FIRST AMENDMENT OPTIONS.

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BEST ANSWER FALSE

• WHILE WARD CERTAINLY HAS A RIGHT TO HIS
• BELIEFS, HE DOES NOT HAVE AN ABSOLUTE FIRST
• AMENDMENT RIGHT TO EXPRESS THEM IN THE
• WORKPLACE.

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CALTRANS POLICY DEPUTY DIRECTIVES

• EQUAL OPPORTUNITY
• SEXUAL HARASSMENT
• REASONABLE ACCOMMODATION
• AMERICANS WITH DISABILITIES ACT (ADA)

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EQUAL OPPORTUNITY POLICY (Zero Tolerance
Policy)

• What does Zero Tolerance mean?
• Must take immediate and appropriate action.
• Conduct does not need to be severe and pervasive.
• Caltrans has a higher standard than the law.

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Sexual HarassmentDeputy Directive

• Provide a workplace free of sexual harassment.
• Provide training and encourage employees
• to identify, prevent and report inappropriate
  conduct.
• Take effective, appropriate and timely corrective
  actions.
• Refrain from conduct that can reasonably be
  interpreted as sexual harassment.

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Sexual Harassment is

• Any conduct or communication of a sexual
• nature (verbal, written, visual or physical)
• which is
• unwanted, creates a hostile, offensive or
• intimidating work environment, and/or
• affects a persons ability to perform work.

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Reasonable AccommodationDeputy Directive

• Provide reasonable accommodations to
• assist qualified employees and applicants
• with a disability to participate in Departmental
• programs, services and/or to perform the
  essential functions of the employees job.

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Americans w/Disabilities Act (ADA)Deputy
Directive

• Ensures equal employment opportunities for
• employees and applicants, including those
• with a disability, by providing access
• opportunities to Departmental programs,
• services, and activities.

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Manager/Supervisor Responsibilities

• As a supervisor and agent of the Department,
• your role is to assure that Caltrans provides
• equal access to all its programs, services
• and employment opportunities.

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Employees Responsibilities

• Employees are responsible for behaving in ways
  that maintain a work environment which is free of
  discrimination and harassment. Employees are also
  responsible for reporting inappropriate behavior
  in a timely manner.

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How to do you fulfill your role as a Supervisor?

• Know the departmental policies, who is protected
  and what is protected.
• Implement the policies.
• Assure accessibility.
• Provide an harassment free environment.

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How do you fulfill your role as an employee?

• Know the departmental policies, who is protected
  and what is protected.
• Self-awareness, in terms of understanding your
  own culture, identity, biases, prejudices, and
  stereotypes.
• Be aware of accessibility needs.
• Participate in providing an harassment free
  environment

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Supervisory Liability

• Caltrans liability for discrimination and
• harassment begins
• When knowledge of the condition exists, and when
  you should have known about it, but failed to
  take action.
• As agents of the Department, supervisors can
  personally incur liability in the same way.

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• How to Prevent
• Discrimination Harassment
• in the
• Workplace

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PRACTICE PREVENTION

• Set standard and lead by example.
• Communicate policies clearly and consistently.
• Address complaints or observations of
  discriminatory/harassing conduct immediately.
• Document incidents of discriminatory harassing
  conduct.
• Effectively monitor the workplace after a
  complaint of discrimination/harassment is filed.

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What if? (Situation 1)

• 1
• You have a position opening up soon in your
• unit. You have worked with Joe in the past
• and you believe that he would be just perfect
• for the job.
• What action would you take in this
• situation?

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OPTIONS

• A. Tell Joe that you have an opening in your unit
  and you would like him to have the position.
• B. Mention in meetings and other conversations
  that Joe would be a great choice for the
  position.
• C. Encourage Joe to apply for the position.
• D. Provide Joe with materials and background
  information to prepare for the interview.

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BEST RESPONSE

• ISSUE Pre-selection
• C is the best response. It is acceptable for
• supervisors to request a certain individual to
• compete along with other interested
• candidates. Supervisor needs to be careful
• so that there are no promises or pre-selection.

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What if? (Situation 2)

• Three gay men, Sam, Bill, and Don, are co-workers
  on large project. All three men were repeatedly
  exposed to graphic and offensive jokes about
  homosexuals. Sam and Bill objected to
  supervisors. Don, however, laughed along with
  the remarks.

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True or False?

• This may be a preventable hostile environment if
  Don was offended, but felt compelled to "go
  along."

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BEST ANSWER True

• A hostile environment is based in part on
  unwelcome conduct. Although Don might have a
  difficult time producing evidence that the
  conduct was unwelcome, this element is subjective
  in nature.
• The real issue is The supervisor and employees
  involved must be aware and follow the Caltrans
  Zero tolerance for discrimination and harassment
  in the workplace.

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• RESPONDING
• TO
• DISCRIMINATION

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Supervisors and EmployeesDOS

• Supervisors
• Take the situation seriously
• Communicate with employee
• Act immediately to stop behavior
• Maintain confidentiality
• Remain neutral

• Employees
• Contact the EO Office for assistance
• Report it to your supervisor
• Document actions
• Resolve at lowest possible level - whenever
  possible

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Supervisors and EmployeesDONTS

• Make judgments
• Ignore or delay
• Diminish or exaggerate
• Make promises
• Legally advise the complaining party
• Take the complaint personally!
• Retaliate!

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• DISCRIMINATION COMPLAINT
• PROCESS

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INTERNAL COMPLAINT PROCESS (Informal)

• Offers informal confidential counseling
  concerning potential discrimination and/or
  harassment.
• Provides a means for resolving discrimination
  complaint issues quickly, informally and at the
  lowest possible level.
• EO Staff works with employees, supervisors, and
  managers to assist in finding a fair and
  equitable solution to the employees
  issues/concerns.

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INTERNAL COMPLAINT PROCESS (Informal)

• Employee or applicant may utilize the informal
  process by contacting
• HQ Office of Equal Opportunity
• District Office of Equal Opportunity
• Calling the Discrimination Complaint Hotline
• at 1-866-810-6346.
• Informal contact must be made within one year of
  the date of the discriminatory action.

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EXTERNAL COMPLAINT PROCESS

• Employees who believe they have been subjected to
• discrimination can go outside the Department to
  file
• a discrimination complaint.
• External Agencies
• Department of Fair Employment and Housing (DFEH)
• Equal Employment Opportunity Commission (EEOC)
• State Personnel Board

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• PREVENTING
• SEXUAL HARASSMENT
• IN THE WORKPLACE

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SEXUAL HARASSMENTWhat is it?

• Any conduct or communication of a sexual
• nature (verbal, written, visual or physical)
• which is
• Unwanted
• Creates a hostile, offensive or intimidating work
  environment, and/or
• Affects a persons ability to perform work.

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EXAMPLES OF UNWELCOME BEHAVIOR

• Verbal - epithets, derogatory comments, slurs
• Physical - assault, blocking movement or physical
  interference with work
• Visual - derogatory posters, cartoons, drawings,
  gestures
• Sexual - conditioning an employment benefit on a
  sexual favor

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Two Categories of Sexual Harassment

• QUID PRO QUO SEXUAL HARASSMENT
• Simply means offering employment benefits in
  exchange for sexual favors.
• HOSTILE ENVIRONMENT - SEXUAL HARASSMENT
• Occurs when an employee is subjected to
  unwelcome, unsolicited sexual conduct.
• In this type of harassment, there is no threat
  of loss of job, raise, or promotion as in quid
  pro quo harassment.

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1. TRUE OR FALSE?

• Gary complains to Martha, his friend and
  supervisor, about sexually suggestive comments
  made him by Kate, but demands that the
• information be kept strictly
  "confidential."

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True or False?

• Martha should not violate the confidence Gary
  placed in her because Gary has chosen not to
  pursue a claim.

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BEST ANSWER False

• Although this is a common reason for inaction by
  mangers, receiving information about sexual
  harassment "in
• confidence" does not form the basis for a
  defense of privilege in a sexual harassment case.
  Martha owes duties to her employer, herself, and
• to other employees in the workplace (including
  Kate), as well as to Gary.

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2. TRUE OR FALSE?

• One night after work Jennifer, an employee
• with the State, goes to a local pub with a
• few of her friends from work. While there
• she runs into Ray, her supervisor. Ray
• jokes to Jennifers friends that he cant
• stop thinking about her. Later that
• evening, Ray asks Jennifer to join him for
• dinner.

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TRUE OR FALSE?

• This is not sexual harassment because it
• occurred outside the workplace.

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BEST ANSWER FALSE

• Supervisors should consider themselves on
• duty 24-hours a day when it comes to potential
• sexual harassment. Although this incident
  occurred
• off premises (and we do not know if Jennifer was
• offended), Rays conduct may become a factor at
• work the next day. That fact that it occurred
• outside the workplace may be irrelevant.

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Manager/Supervisor Responsibilities with regard
to Sexual Harassment

• Provide a harassment-free workplace.
• Be proactive.
• Know and understand the Departments policies.
• Implement the policies, and assure equal access.
• Take immediate and appropriate action.

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Employee Responsibilities with regard to Sexual
Harassment

• Participate in a harassment-free workplace.
• Know and understand the Departments policies.
• Regularly review personal behavior for
  potentially harassing elements.
• Become familiar with employee rights under policy
  guidelines and laws.
• Confront and report incidents of sexual
  harassment.

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Effects of Sexual Harassment (Individual)

• Anger
• Reduction in performance
• Avoidance
• Increased absentee rate
• Self-blame

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Effects of Sexual Harassment (Unit)

• Loss of unit cohesion
• Low morale
• Undermines ability of unit to complete job
• Detracts from mission accomplishment

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Supervisors RolesSUMMARY

• Supervisors primary role is to support the
  Departments policy/directives of zero
  tolerance of discrimination and harassment.
• Practice prevention. Immediately and effectively
  address complaints of discriminatory and
  harassing conduct in the work place.

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Employees RoleSummary

• Employees primary role is to comply with the
  Departments policy/directives of zero
  tolerance of discrimination and harassment.
• Participate in any training provided by the
  Department
• Model appropriate behavior

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EO ResourcesAvailable to You

• Dean Lan , Chief, Office of Equal Opportunity
• 916-324-0989
• Terry Baker, EEO Program Manager
• 916-324-0904
• Michelle Adams, ADA Statewide Coordinator
• 916-324-0987
• Veronica Vargas, Statewide RA Coordinator
• 916-227-4592

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THANK YOU!