Presented to : FAA Employees Prepared by : AMC-9 Date : August 2012

1. Model Equal Employment Opportunity (EEO) Program Presented to: FAA Employees Prepared by: AMC-9 Date: August 2012

2. Objectives Following the presentation and in accordance with the Model EEO Program, learners will be able to identify: • The Six Elements of a Model EEO Program • The FAA Administrator’s EEO Policy • Harassment and Sexual Harassment • Reprisal • Federal Antidiscrimination Laws • The EEO Pre-Complaint Process • How to Manage Your Own Behavior • How to Handle Inappropriate Behaviors by Others

3. Elements of a Model EEO Program Demonstrated Commitment from Agency Leadership Integration of EEO into Agency Strategic Mission Responsiveness and Legal Compliance MODEL EEO PROGRAM Management and Program Accountability Efficiency Proactive Prevention of Unlawful Discrimination Source: EEO Commission Management Directive 715

4. FAA Administrator’s EEO Policy The FAA Administrator has expressed a zero tolerance for discrimination policy in the EEO policy statements identified below: • Policy Statement on Non-Discrimination • Policy Statement on Prevention of Harassment http://www.faa.gov/about/office_org/headquarters_offices/acr/acr_resources/policies/

7. Federal Laws • Federal Laws prohibiting employment discrimination in the federal sector include: • Title VII of the Civil Rights Act of 1964 (Title VII) • Equal Pay Act of 1963 (EPA) • Age Discrimination in Employment Act of 1967 (ADEA) • Sections 501, 504, 505, and 508 of the Rehabilitation Act of 1973 • Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendments Act of 2008 • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)

8. Harassment • Violates federal law: • Title VII of the Civil Rights Act of 1964, • Age Discrimination in Employment Act of 1967, • Americans with Disabilities Act of 1990 (ADA).

9. Harassment (cont’d.) Harassment becomes unlawful where: • enduring the offensive conduct becomes a condition of continued employment, or • the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.

10. Harassment(cont’d.) Must involve discriminatory treatment on the basis of: • race, color, religion, sex (including pregnancy and gender identity, as well as sexual advances), national origin, age (40 or older), disability (mental or physical), sexual orientation, genetic information and reprisal.

11. Harassment (cont’d.)

12. What Harassment is NOT • Title VII is not “a general civility code.” • simple teasing • offhand comments • isolated incidents

13. Sexual Harassment • Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment AND • Unreasonably interferes with an individual’s work performance, OR • Creates an intimidating, hostile, or offensive work environment.

14. Intent vs. Impact Regardless of intent, the behavior will be judged on its impact upon the work environment. The statement, “ I didn’t mean anything by it,” is NOT a valid defense of harassing behavior.

15. People See Things Differently

16. Reprisal 29 CFR § 1614.101(b): “No person shall be subject to retaliation for opposing any practice made unlawful by Title VII, ADEA, Equal Pay Act or the Rehabilitation Act, OR for participating in any stage of administrative or judicial proceedings under those statutes.” • Protected activity: • Participation • Opposition

17. Reprisal (cont’d.) Burlington Northern & Santa Fe Railway Co. v. White, 126 S. Ct. 2406 (US 2006). • “A plaintiff must show that a reasonable employee would have found the challenged action materially adverse, which in this context means it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.”

18. EEO Pre-Complaint Process • Protected bases • Race, color, religion, sex (including pregnancy and gender identity, national origin • Age (40 & older) • Disability (mental or physical) • Sexual orientation • Genetic information • Retaliation for protected activity NEW

19. Process (cont’d.) • A federal employee, former employee or applicant for employment • may initiate an EEO Complaint • within 45 calendar days • of the date you became aware of the alleged discrimination, or • final personnel action.

20. Initiate EEO complaint with the National Intake Unit Process (cont’d.) 1-888-954-8688 (toll free) 1-800-877-8339 (TTY relay service) https://eeoefile.faa.gov

21. National Intake Unit asks: Traditional Counseling OR Alternative Dispute Resolution (ADR) Process (cont’d.)

22. Traditional Counseling Option Case is assigned to an EEO Counselor Process (cont’d.)

23. Alternative Dispute Resolution (ADR) Option Case is assigned to an ADR Specialist Process (cont’d.)

24. Process (cont’d.) • Alternative Dispute Resolution (ADR) • Mediation is the ADR process used. • All employees, including managers are encouraged to use mediation to resolve the complaint. • Can be used at any stage of an EEO complaint.

25. Process (cont’d.) • If an informal resolution cannot be reached, • Notice of Final Interview • Advises the individual in writing of his or her right to file a formal complaint. • Formal complaint must be filed within 15 calendar days from receipt of the Notice of Final Interview.

26. Process (cont’d.) For additional information on EEO: • Contact your local Civil Rights Office OR • The National Intake Unit

27. OFFENSIVE Managing Your Own Behavior • Offensive statements, jokes or visual materials related to an individual's protected class constitutes inappropriate conduct or behavior.

28. Managing Behavior (cont’d.) Think before speaking or acting… if your statement or act appeared in OR Would it reflect well or poorly on the FAA and support the mission of the Agency? If not, then don’t say or do it!

29. Managing Behavior (cont’d.) Conflict is a part of life, all FAA employees are required to use • To effectively manage any anger or conflict in a diplomatic and respectful manner which will promote the Agency’s mission. • Other Conflict Resolution Processes at FAA: • Employee Assistance Program, Accountability Board, Agency Grievance Procedure. Techniques

30. Managing Behavior (cont’d.) • Avoid making jokes and comments about others. • If you do say something offensive … apologize. • Treat others with the respect and dignity with which you wish to be treated.

31. Managing Behavior (cont’d.) • All FAA employees are responsible for: • Conducting themselves in a manner consistent with DOT and FAA policies. • Exercising courtesy and tact in all interactions. • Creating a workplace that is free from harassment. • Taking responsibility for what he or she says and does to others. • Fostering a Model EEO Program in the FAA.

32. Handling Inappropriate Behavior • If you are uncomfortable with someone’s behavior or find it unwelcome: • Speak directly to the offender, tell them you find it unwelcome, and ask them to stop the inappropriate conduct or behavior. • If you do not feel comfortable speaking directly to the offender: • Speak with your manager, • Servicing office of civil rights, or • Report it to the Accountability Board.

33. Conclusion • Remember, the best way to prevent inappropriate behavior or conduct in the workplace starts with……

34. ACR Management Information • Mamie Mallory, ACR-1, Assistant Administrator for Civil Rights and FAA Diversity Advocate • Harnetta Williams, ACR-5 (202) 267-5794 • Director, National EEO Policy & Alternative Dispute Resolution • Vacant, ACR-6 (202) 267-7442 • Director, National Model EEO Program • Miriam Vega, ACR-7 (202) 385-8440 • Director, National EEO Outreach • Gail Puckett, AMC-9 (405) 954-8672 • Director, National EEO Training Institute

35. ACR Management Information (cont’d.) • Millie Strickland, ASO-9 (404) 305-5251 • Director, Civil Rights Southern Region, including the ATO Eastern Service Center for Boston, New York & Southern • Joyce Davis, ASW-9, AMC-9, (817) 222-5009 • Director, Civil Rights Southwest Region & the Aeronautical Center, including the ATO Central Service Center • Kelly Boodell, ANM-9 (425) 227-2805 • Director, Civil Rights Northwest Mountain & Alaska Regions, including the ATO Western Service Center • Cheryl Wilkes, ACT-9 (609) 485-6676 • Director, Civil Rights Technical Center & Washington Headquarters & EEO Complaint Services • Maria Sarra, AEA-9 (718) 553-3297 • Director, Civil Rights Eastern & New England Regions & Airport Non-Discrimination Compliance • Daryl Hart, AGL-9 (847) 294-7209 • Director, Civil Rights Great Lakes & Central Regions & Disability Airport Compliance • Michael Freilich, AWP-9 (310) 725-3948 • Director, Western Pacific Region & Disadvantaged Business Enterprise, DBE Compliance

36. EEO Training The Office of Civil Rights is available to conduct EEO training on a variety of subjects and in a variety of training modes. For EEO Training Contact: • Gail Puckett, Director, EEO Training Institute, at (405) 954-8672 or Gail.Puckett@FAA.Gov, OR • your local Civil Rights Office