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EEO & DIVERSITY TRAINING

EEO & DIVERSITY TRAINING. Dept of Health & Human Services Indian Health Service Office of Diversity Management & Equal Employment Opportunity. Introduction. This training will consist of five modules: EEO Complaint Process NoFEAR Act Prevention of Harassment Reasonable Accommodation

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EEO & DIVERSITY TRAINING

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  1. EEO & DIVERSITY TRAINING Dept of Health & Human Services Indian Health Service Office of Diversity Management & Equal Employment Opportunity

  2. Introduction This training will consist of five modules: • EEO Complaint Process • NoFEAR Act • Prevention of Harassment • Reasonable Accommodation • Diversity Awareness

  3. Objectives of this Training • Gain a better understanding of the EEO administrative complaint process. • Provide information on the NoFEAR Act. • Prevent harassment in the workplace. • Increase knowledge of disability law and “reasonable” accommodation. • Foster awareness and worth of a diverse workplace.

  4. MODULE I EEO Complaint Process

  5. What is Equal Employment Opportunity? The right of all employees and applicants to be employed and promoted solely on the basis of their merit, ability, & potential.

  6. EEO Complaint • In EEO complaints, the person (employee or applicant) alleging discrimination is claiming that they are aggrieved/harmed because management took an action against them for no other reason than that person’s:

  7. Race Color National Origin Religion Sexual Orientation Gender Age (40+years) Disability Retaliation for EEO activity Discrimination Bases • http://www.ihs.gov/AdminMngrResources/eeo/download/opdiv.pdf

  8. EEO Office Contact • Civil Service Employees • If you believe you are aggrieved/harmed and have been discriminated against, you must contact the EEO Office within 45 days from the date of the alleged discriminatory incident, or within 45 days from the effective date of the personnel action, or within 45 days from the date that you became aware of the alleged discriminatory event, in order to maintain all your rights under the EEO process.

  9. EEO Office Contact • Commissioned Officers • If you believe you have been discriminated against, you should contact the EEO Office within 15 days from the date of the alleged discriminatory incident, or within 15 days from the effective date of the personnel action, or within 15 days from the date that you became aware of the alleged discriminatory event, in order to maintain all your rights under the EEO process.

  10. EEO Office • Contact your local EEO Office: • http://www.ihs.gov/AdminMngrResources/eeo/EEO_Contacts.asp • An EEO Counselor will be assigned to you.

  11. EEO Counselor’s Role • Neutral (The EEO Counselor is not an advocate for management. The EEO Counselor is not an advocate for the employee.) • Fact Finder (The EEO Counselor conducts an inquiry to find out the facts of the complaint.) • Resolution Facilitator (The EEO Counselor tries to resolve the complaint by speaking with the employee and the supervisor.)

  12. EEO Complaint Process There are two complaint stages: • Informal Stage (30 – 90 days) • The resolution decision makers at this stage are the employee and the supervisor. • Formal Stage • Can be a lengthy process before a decision is rendered by a decision maker, i.e., EEOC Judge, US District Court Judge, Surgeon General.

  13. Civil Service If the decision maker renders a finding of discrimination against the Agency, then these are the remedies available for Civil Service employees and applicants: • Remedies • Make whole relief. (Meaning the person is restored to where they would have been absent the discrimination.) • Attorney’s fees(none for age or equal pay claims). • Compensatory damages(none for age or equal pay claims). • Compensatory damages(none for disability claims if the Agency demonstrates a good faith effort to accommodate). • Remedies Not Available • Punitive damages. (The government is funded by the taxpaying public. Punitive damages are not available because it would be punishing the taxpayer.)

  14. Commissioned Corps Commissioned Officers are considered active military personnel and therefore are only entitled to “make whole relief” if the decision maker finds the Agency guilty of discrimination. • Remedy • Make whole relief.(Meaning the person is restored to where they would have been absent the discrimination.) • Remedies Not Available • Attorney’s fees. • Compensatory damages. • Punitive damages. • District Court access.

  15. Alternative Dispute Resolution (ADR) Mediation is the most common form of ADR and is available throughout the EEO complaint process. The decision makers are the employee and supervisor who are trying to resolve the complaint through mediation. Those present at a mediation are the: • Mediator • Employee/Representative • Supervisor/Representative

  16. Mediation Framework • The Mediator is not a decision maker but a neutral party who sets the ground rules and facilitates communication and exploration of possible complaint resolutions by the employee and supervisor.

  17. Mediation Outcomes The three (3) possible mediation outcomes. • Settlement agreement. • Withdrawal of complaint. • The employee and supervisor agree not to agree. (The complaint goes forward in the EEO complaint process.)

  18. You can find the Civil Service andCommissioned Corps ComplaintProcess On-Line Briefing at:www.ihs.gov/AdminMngrResources/eeo/download/1614_changes_for_IHS.ppt

  19. MODULE II NoFEAR Act

  20. The NoFEAR Act • NoFEAR stands for Notification and Federal Employee Antidiscrimination and Retaliation Act. • The NoFEAR Act was congressionally enacted on May 15, 2002. • Intent of The NoFEAR Act is to inform employees of their rights and protections under antidiscrmination and whistleblower laws.

  21. Mandatory NoFEAR Act Training • New employees must complete the NoFEAR Act Training within 90 days of their employment; thereafter, • Current employees must complete the NoFEAR Act Training every other year of their employment.

  22. NoFEAR Act Training • To take the mandatory NoFEAR Act Training: • Log on to HHS University. http://learning.hhs.gov • Click on NoFEAR Act and take the training. • Complete the Certificate. • Print the Certificate, provide 1 copy to your supervisor and 1 copy to your local EEO Office.

  23. MODULE III Prevention of Harassment

  24. Harassment • The Supreme Court ruled that not only is it illegal to harass someone because of their sex (Sexual Harassment), but it is also illegal to harass any employee because of their race, color, national origin, religion, age (over 40), disability, or in retaliation for participation in EEO activity.

  25. Employee Responsibility • Tell the person their conduct is unwelcome and ask them to stop. • If the conduct continues, report it immediately to your management chain of command. • Don’t be a source of harassment.

  26. What constitutes a Hostile Work Environment? • Harassment that is so severe and pervasive that it changes the employee’s working conditions and creates a hostile work environment.

  27. What constitutes Severe behavior? • Severe behavior can be a single incident or series of incidents which are so horrible that any “reasonable person” would find them hostile or abusive. Ex: Slapping employees on the rear, grabbing an employee on his thigh while riding down the highway in a government car, describing sexual acts to employees, and/or using vulgar language.

  28. What constitutes Pervasive behavior? • Pervasive behavior consists of a series of incidents usually extending over a period of months. Ex: In sexual harassment for instance, behavior might consist of persistent and clearly unwanted requests for dates. In this case the behavior is designed to lead to a sexual relationship and the cumulative effect of the unwanted behavior can create an intimidating, hostile environment for the target.

  29. Is it Misconduct or a Hostile Work Environment? • While some types of misconduct or behavior problems are not illegal, it may clearly be inappropriate or unacceptable conduct in the workplace. Therefore, you should bring it to management’s attention so that it can be corrected. Such behavior can destroy the morale of the victim and other people in the workplace.

  30. Prevent Harassment • Conduct yourself in a professional, respectful, and courteous manner. • All discriminatory harassment is illegal. • It is every employee’s responsibility to prevent harassment in the workplace.

  31. http://www.ihs.gov/PublicInfo/Publications/IHSManual/Circulars/CIRC95/95_11/circ95_11.htmhttp://www.ihs.gov/PublicInfo/Publications/IHSManual/Circulars/CIRC95/95_11/circ95_11.htm • IHS CIRCULAR 95-11 The Indian Health Service’s policy on Sexual Harassment.

  32. MODULE IV Reasonable Accommodation

  33. What isReasonable Accommodation (RA)? • Any change in the working environment or job application process that would enable a “qualified individual with a disability” to partake in equal employment opportunities. The benchmark of whether an accommodation is reasonable is whether it is effective.

  34. What is a QUALIFIED Individual with a Disability? QUALIFIED: • Individual satisfies the requisite skill, experience, education, and other job-related requirements of the position; AND • Individual can perform, with or without reasonable accommodation, the essential functions of the position without endangerment to self or others.

  35. What is a Qualified Individual with a DISABILITY? DISABILITY: • Individual who has a physical or mental impairment that substantially limits one or more major life activity, OR • Individual who has a record of such an impairment, OR • Individual who is regarded as having an impairment.

  36. What is the three part definition of DISABILITY? Individual who has a: • Physical or mental impairment, • That is substantially limiting, • In some major life activity.

  37. What is a Physical or Mental Impairment? • Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems, OR • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

  38. What is Substantially Limiting? • Individual is unable to perform, or significantly restricted in the performance of, a major life activity compared to the average person in the general population.

  39. What is a Major Life Activity? • Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

  40. Reasonable Accommodation Request • Employee request can be either verbal or written.

  41. Responding to a Reasonable Accommodation Request (Interactive Process) • Supervisor and employee discuss the requested accommodation and any possible alternative accommodations. • Supervisor asks employee to provide medical information from their physician, if needed.

  42. Medical Information • Description of the disability and/or impairment. • Functional limitations. • Whether employee can perform the essential functions of their position. • Accommodation employee needs to perform the essential functions of their position.

  43. Reasonable Accommodation The accommodation provided can be the: • Requested accommodation, • Alternative accommodation, • Or, Reassignment (the accommodation of last resort).

  44. Denial Supervisor only denies the request if: • No effective accommodation exists. • Medical documentation inadequate. • Or, Effective accommodation would impose ”undue hardship” on the Agency(not just the supervisor’s operation or work unit).

  45. What is Undue Hardship? • Undue hardship means the accommodation would impose significant financial expense in relation to the Agency’s (IHS’) resources, or be unduly difficult because it would fundamentally alter the nature or operation of the Agency (IHS). (“Undue hardship” is very rarely applicable.)

  46. http://www.ihs.gov/PublicInfo/Publications/IHSManual/Circulars/Circ04/Circ04_06/circ04_06.htmhttp://www.ihs.gov/PublicInfo/Publications/IHSManual/Circulars/Circ04/Circ04_06/circ04_06.htm • IHS CIRCULAR 2004-06 The Indian Health Service’s policy on Reasonable Accommodation.

  47. MODULE V Diversity Awareness

  48. What is Diversity? Diversity is the mosaic of people who bring a variety of backgrounds, styles, perspectives, values and beliefs as assets to the groups and organizations with which they interact.

  49. Primary andSecondaryDimensions of Diversity Geographic Location MilitaryExperience Education WorkExperience Gender Age Work Style Sexual Orientation Disability Income FamilyStatus Ethnic Heritage Race Religion FirstLanguage Communication Style OrganizationalRole and Level

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