EEO Best Practices: Addressing and Preventing Discrimination

1
EEO Best Practices Addressing and Preventing
Discrimination

• February 12, 2013
• MHRMA

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Objectives for Today

• Todays session will introduce
• Key elements of an effective discrimination
  prevention program
• MCAD discrimination prevention resources

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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

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Mass. General Law 151B Employment

• Actions 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

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The EEO Function Policies

• General EEO policy
• Discriminatory harassment policy
• Professional conduct policy
• All policies translated as needed

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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

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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

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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

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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

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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

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Internal Investigations

1. Meet with the complaining employee
2. Plan the investigation
3. Conduct witness interviews and collect relevant
   documents
4. Complete a final report
5. Take next steps as needed

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The EEO Function Training

• Why is it important to conduct regular
  discrimination prevention
  training for managers and supervisors?
• For line staff?

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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

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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

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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

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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

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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

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Table Discussion Next Steps

• What is one next step youd like to take to
  improve the discrimination prevention program in
  your workplace?

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For More Information

• Contact the MCAD Training Unit Assistant at
  617-994-6072 or Training.Assistant_at_state.ma.us