Equal Employment Opportunity

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Equal Employment Opportunity
The University of Texas at Austin General
Compliance Training Program
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Equal Employment OpportunityTraining Requirement

• All new employees must be trained during the
  first 30 days of employment at U.T.
• All employees must receive training every two
  years.

EEO is the establishment and maintenance of a
nondiscriminatory work environment.
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What does it mean to Discriminate?

• To make a difference in treatment or favor
• on a basis other than individual merit.
• Websters Collegiate Dictionary

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Equal EmploymentFederal and StateSeven
Protected Classes

• Gender (Sex)
• Race
• National Origin
• Color
• Religion
• Age
• Disability

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Equal EmploymentUniversity PolicyOther
Protected Classes

• Sexual Orientation
• Sexual Preference

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Texas Commission onHuman Rights Act

• Passed into law in 1983.
• Created the Texas Commission on Human Rights.
• Parallel to legal protection provided through the
  federal laws.
• Enforced by the Texas Workforce Commission, Civil
  Rights Division

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U.T. Complies with EEO

• All persons have the right to be treated fairly
  and without bias.
• U.T. complies with federal and state laws.
• Relevant University Policies
• Revised Handbook of Operating Procedures
• Part 4.B.1
• Part 4.B.2
• Regents Rules and Regulations
• Part I, Chapter 1, Section 10.

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Civil Rights Laws

• Federal Government has enacted
• four laws addressing employment discrimination.
• Equal Pay Act, 1963
• Title VII of the Civil Rights Act, 1964
• Age Discrimination in Employment Act, 1967
• Americans with Disabilities Act, 1990

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Civil Rights Laws Pertaining to Employment
Discrimination

• Equal Pay Act of 1963
• Gender compensation differences
• cant explain the difference

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Civil Rights Laws Pertaining to Employment
Discrimination

• Title VII, Civil Rights Act of 1964
• Race
• Color
• National Origin
• Religion
• Gender (Sex)
• Pregnancy

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Civil Rights Laws Pertaining to Employment
Discrimination

• Age Discrimination in
• Employment Act of 1967

Age 40 and above
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Civil Rights Laws Pertaining to Employment
Discrimination
Americans with Disabilities Act (ADA), 1990
Persons with disabilities
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Americans with Disabilities Act

• U.T. has made changes.
• Physical modifications to
• Work areas,
• Buildings,
• Walkways,
• Ramps,
• Curb cuts, and
• Widened doorways and bathroom stalls.

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Americans with Disabilities Act

• Both applicants and employees are covered.
• Both new employees and current employees who
  become disabled are covered.
• In the employment process
• For an ADA accommodation, the impairment must
  qualify as a disability.

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Americans with Disabilities Act

• A qualified individual with a disability is a
  person who
• Has a physical or mental impairment that
  substantially limits one or more major life
  activities or
• Has a record of such an impairment, or
• Is regarded as having such an impairment.

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ADA Workplace Accommodation

• Employer must make reasonable workplace
  accommodations such as
• Acquiring or modifying equipment,
• Physically altering the work site,
• Modifying work schedules, or
• Providing readers or interpreters.
• Can not create a hardship.

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Texas Commission onHuman Rights Act

• Prohibits employment discrimination and covers
  all personnel decisions.

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Texas Commission onHuman Rights Act

• TCHR Act amended to reflect changes in federal
  statutes and court cases.
• Complainant has 180 days to file.
• External remedies must be exhausted before a
  lawsuit may be filed.
• If law is violated, complainant may receive
• Job, lost wages and/or damages.
• TCHR Act prohibits retaliation.

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Legal Theories of Discrimination

• Disparate Treatment (difference in treatment)
• Disparate Impact (difference in impact)

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First Legal Theory for DeterminingEmployment
Discrimination

• Disparate Treatment Theory
• Complainant is treated differently from other
  similarly-situated employees who are not in the
  same protected group.

• Difference in Treatment
• McDonnell Douglas Corp. v. Green
• 411 U.S. 792 (1973)
• McDonald v. Santa Fe Trail Transportation Company
• 427 U.S. 273 (1973)

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Difference in TreatmentMcDonnell Douglas Corp.
v. Green

• Percy Green was African-American.
• Mr. Green was laid off in a workforce reduction.
• He illegally protested against the company.
• Later the company advertised for mechanics.
• Mr. Green applied for re-employment but was
  rejected.
• The refusal to hire was based on his
  participation in the illegal protest.

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Difference in TreatmentMcDonald v. Santa Fe
Trail Transportation Company

• Three employees who do the same job
• One was African-American, two were White.
• All three stole sixty gallons of antifreeze.
• Different disciplinary actions were taken for the
  same circumstance.
• The companys decision to more severely
  discipline the White employees constitutes
  employment discrimination.

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Second Legal Theory for Determining Employment
Discrimination

• Disparate Impact Theory
• Qualification appears to apply to everyone
  equally.
• Has a significantly greater impact on members of
  the complainants protected class.
• Must be business necessity reason or legitimate
  business objective.
• Difference in Impact
• Griggs v. Duke Power Co.
• 401 U.S. 424 (1971)

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Disparate ImpactGriggs v. Duke Power Co.

• Mr. Griggs was African-American.
• Duke Power was a segregated employer prior to
  1964.
• Duke Power created two new employment policies.
• Each time Mr. Griggs applied, he was denied
  transfer based on these new policies.
• Mr. Griggs was able to demonstrate no legitimate
  business basis for the new policies.

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Employment DiscriminationWho to Contact

• Internal Administrative Review
• Equal Opportunity Services, 471-1849
• External Administrative Agencies
• Texas Workforce Commission, Civil Rights Division
  (180 days to file complaint)
• Equal Employment Opportunity Commission (300 days
  to file complaint)

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Compliance Exercise 1

• A female accountant is hired.
• Her salary is less than equally qualified male
  accountant.
• Supervisor cannot provide a reason for this
  difference.

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Compliance Exercise 1

• A female accountant is hired.
• Her salary is less than equally qualified male
  accountant.
• Supervisor cannot provide a reason for this
  difference.

Salary differences cannot be based upon
gender. This illustrates possible sex
discrimination under Title VII of the Civil
Rights Act, or the Equal Pay Act.
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Compliance Exercise 2

• Employees are telling racial jokes.
• A minority employee complains.

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Compliance Exercise 2

• Employees are telling racial jokes.
• A minority employee complains.

The supervisor should speak up. This example may
be racial discrimination under Title VII of the
Civil Rights Act.
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Compliance Exercise 3

• Employee complains that co-workers are speaking
  in Spanish.

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Compliance Exercise 3

• Employee complains that co-workers are speaking
  in Spanish.

The supervisor should explain that employees may
speak any language while on the job. This may be
national origin discrimination under Title VII of
the Civil Rights Act.
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Compliance Exercise 4

• An applicant is vision impaired.
• The applicant needs a magnifier to enhance the
  computer monitor.

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Compliance Exercise 4

• An applicant is vision impaired.
• The applicant needs a magnifier to enhance the
  computer monitor.

The University must provide reasonable
accommodations to qualified applicants. This
example may be discrimination under the
Americans with Disabilities Act.
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Compliance Exercise 5

• Supervisor needs employees to work over the
  weekend.
• One employee wants to attend religious services.

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Compliance Exercise 5

• Supervisor needs employees to work over the
  weekend.
• One employee wants to attend religious services.

The employer must make an attempt to accommodate
the workers request. This illustrates possible
religious discrimination under Title VII of the
Civil Rights Act.
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Compliance Exercise 6

• Unit is funded by a grant which has been cut.
• Grant funding will cease in six months.
• Employees positions are going to be terminated.
• An employee thinks he is being released because
  of his age.

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Compliance Exercise 6

• Unit is funded by a grant which has been cut.
• Grant funding will cease in six months.
• Employees positions are going to be terminated.
• An employee thinks he is being released because
  of his age.

If the same criteria are applied to those under
as well as over forty, age would not be a
factor. This example addresses the Age
Discrimination in Employment Act.
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Review Your Knowledge
The University of Texas at Austin General
Compliance Training Program