Model Equal Employment Opportunity (EEO) Program

1. Model Equal Employment Opportunity (EEO) Program FAA Academy Students FAA Office of Civil Rights

2. Purpose of Presentation To inform you of: • Federal Sector EEO Policy • FAA Administrator’s EEO Policy • Inappropriate Conduct and Penalties • EEO Pre-Complaint Process • Managing Your Own Behavior • Handling Inappropriate Behaviors by Others • Conclusion

3. I. Federal Sector EEO Policy:Elements of a Model EEO Program • Demonstrated commitment from agency leadership • Integration of EEO into agency strategic mission • Management & Program Accountability • Proactive Prevention of unlawful discrimination • Efficiency • Responsiveness and Legal Compliance Source: Equal Employment Opportunity Commission Management Directive 715

4. II. 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 • http://www.faa.gov/acr/ocr/poster1.htm • Policy Statement on Sexual Harassment • http://www.faa.gov/acr/ocr/poster2.htm

7. III. Inappropriate Conduct* and Penalties • Intimidating, harassing, abusive, disorderly, disruptive or other inappropriate behavior; unbecoming conduct; engaging in dangerous horseplay/rough-housing; • 1st offense: 5-30 day suspension • 2nd offense: 30 day suspension to removal • 3rd offense: Removal • Disrespectful or inappropriate conduct, conduct unbecoming, insolence &/or use of language or remarks which are insulting, abusive or obscene; • 1st offense: Reprimand to 30 day suspension • 2nd offense: 14-day suspension to removal • 3rd offense: Removal • Making malicious, defamatory &/or irresponsible statements; unauthorized statements to the public; • 1st offense: Reprimand to 30-day suspension • 2nd offense: 14 day suspension to removal • 3rd offense: Removal * Not all inclusive Updated 0708 * not all-inclusive

8. III. Inappropriate Conduct* and Penalties(continued) • Making disparaging references or expressing a stereotypical view which has a detrimental effect or impact; • Penalty determined according to “by a non-supervisor” or “by a supervisor” • Reprisal or retaliation action against a complainant, representative, witness or other person involved in an EEO investigation, proceeding, hearing or other agency process (e.g. Accountability Board. • Penalty determined according to “by a non-supervisor” or “by a supervisor” • Discrimination against an employee or applicant based on race, national origin, color, age, sex, religion, disability or sexual orientation (See HROI Addressing Findings of Discrimination). • 1st Offense: 30 day suspension to removal • 2nd Offense: Removal Updated 0708

9. III. Inappropriate Conduct* and Penalties(continued) • Another type of inappropriate behavior is sexually-related harassment. • The next few slides provide examples of sexually-related misconduct.

10. III. Inappropriate Conduct* and Penalties(continued) • Sexual teasing, jokes, remarks, questions that are inappropriate to the workplace; • Penalty determined according to “by a non-supervisor” or “by a supervisor” • Sexually suggestive looks or gestures of a sexual nature; • Penalty determined according to “by a non-supervisor” or “by a supervisor” • Sending letters, cards, e-mail, etc., or making telephone calls of an inappropriate or sexual nature; • Penalty determined according to “by a non-supervisor” or “by a supervisor” • Pressure for dates; • Penalty determined according to “by a non-supervisor” or “by a supervisor” • Posting, distributing, showing or viewing sexually explicit materials in the workplace; • Penalty determined according to “by a non-supervisor” or “by a supervisor” Updated 0708

11. III. Inappropriate Conduct* and Penalties(continued) • Inappropriate physical touching; • Non-erogenous area of another person (may include unsolicited hug, kiss, neck or shoulder rub, etc.) • 1st offense: Reprimand to 14-day suspension • 2nd offense: 14-30 day suspension • 3rd offense: Removal • Erogenous area of another person (to include breast, buttocks, or pelvic area) • 1st offense: 30-day suspension to removal • 2nd offense: Removal • Promise of, or suggested benefit in exchange for sexual favors; • 1st offense: Removal • Threat or act of reprisal for refusal to provide sexual favors; • 1st offense: Removal Updated 0708

12. III. Inappropriate Conduct* and Penalties(continued) • FAA’s Full Table of Disciplinary Offenses and Penalties. • https://employees.faa.gov/org/staffoffices/ahr/policy_guidance/hr_policies/hrpm/er/ER-4-1/

13. IV. EEO Pre-Complaint Processing • If a federal employee or applicant for employment reasonably believes that he or she has been discriminated against on the basis of race, color, religion, sex, national origin, age, or disability, he or she can contact FAA’s National Intake Unit to initiate an EEO Complaint. Any initiation of an EEO complaint must occur within 45 days of the date of the alleged discrimination. • The National Intake Unit’s telephone number is: 1-888-954-8688 (toll free) 1-800-877-8339 (TTY relay service) https://faaefile.icomplaints.com • The Department of Transportation (DOT) Office of Civil Rights provided procedures for processing complaints of discrimination based on sexual orientation on November 7, 1997. These procedures specify that DOT employees or applicants for DOT employment may also initiate a discrimination complaint based on sexual orientation.

14. IV. EEO Pre-Complaint Processing(continued) • The National Intake Unit will receive these calls and request information to assist the caller with going forward in the pre-complaint process. • During this conversation the National Intake Unit will explain the difference between traditional EEO Counseling and the Alternative Dispute Resolution (ADR) processes. Callers will be asked to choose one of the two processes for attempting to resolve their allegation of discrimination. • Once the National Intake Unit has the required information, the information will be forwarded to an EEO Counselor to continue processing the complaint.

15. IV. EEO Pre-Complaint Processing(continued) • The EEO Counselor plays a crucial role in the federal sector EEO complaint process. • Initially, the EEO Counselor is responsible for advising the aggrieved person in writing of his or her rights and responsibilities, including the right to request a hearing or an immediate final decision after an investigation by the agency. • Finally, the aggrieved person must be advised by the EEO Counselor that, when the agency offers an ADR process in his or her particular case, he or she may choose between participation in the ADR program and traditional counseling activities.

16. IV. EEO Pre-Complaint Processing(continued) • If an informal resolution cannot be reached, the EEO Counselor must hold a final interview with the aggrieved person within 30 days of the date he or she made known their intent to file an EEO complaint. • In the notice of final interview, the EEO Counselor must advise the aggrieved person in writing of his or her right to file a complaint within 15 days from receipt of the notice of final interview. • For additional information on EEO, feel free to contact your local civil rights office or the National Intake Unit. 1-888-954-8688 (toll free) 1-800-877-8339 (TTY relay service)

17. V. Managing Your Own Behavior • FAA Employees’ Responsibility. • All FAA employees are responsible for conducting themselves in a manner consistent with DOT and FAA regulations. • The best way to create a Model EEO Program is to manage your own behavior. • Exercise courtesy and tact in all interactions. • Be responsible for creating a workplace that is free from harassment – a workplace in which every employee can contribute their skills, talents and abilities. • Take responsibility for what we say and do to others. • Foster a Model EEO Program in the FAA.

18. V. Managing Your Own Behavior(continued) • Derogatory, demeaning or offensive comments, statements, jokes or visual materials related to an individual's race, sex, national origin, religion, disability, sexual orientation, color or any other non-merit factor constitutes inappropriate conduct or behavior. Inappropriate conduct or behavior must not occur in this workplace or during official FAA activities. Failing to behave in conformance with this prohibition will result in disciplinary actions being taken against you. • Treat others with the respect and dignity with which you wish to be treated.

19. V. Managing Your Own Behavior(continued) • Think before speaking or acting… would your statement or act if it appeared in the news either on television or in print reflect well or poorly on the FAA and does it advance the mission of the Agency. If the answer to either or both of these questions is “No,” then don’t say or do it. • Conflict is a part of life, but you are required to utilize conflict resolution techniques to effectively manage any anger or conflict in a tactfully and respectfully manner which will promote the Agency’s mission. • If you do something that is perceived as offensive by another employee or contractor, the quickest way to resolve the immediate issue may often be an apology and to prevent future issues is to learn from the experience in an effort to avoid creating such a perception in the future.

20. V. Managing Your Own Behavior(continued) • The Power of Words. • “Words can either hurt or heal.” • “What did your words do today?”

21. V. Managing Your Own Behavior(continued) • This is a reminder that every word sends a powerful message to others about respect. • Choose language that focuses on individuals, not their disabilities or differences. • The words adults use to describe other people are important because they reflect how we think. • Using words that describe a person and not his or her disability reminds us that a person’s disability is only one part of who that person is. • Slang related to racial, gender or disability stereotypical views is inappropriate conduct in the workplace.

22. V. Managing Your Own Behavior(continued) • Consider this… • An employee may see only shadows, yet he or she is an employee, much like any other. • It is more respectful to refer to the employee as one “who is blind” rather than as a “blind employee,” because he or she is an employee first and foremost. • Now consider this… • Instead of calling Sally a “cripple,” you show more respect by saying she “uses a wheelchair to move around.” • This is called “people first” language and is a simple, yet powerful, way of showing respect for others.

23. V. Managing Your Own Behavior(continued) • Avoid making jokes and comments about others. • Names CAN really hurt. • People learn respect by listening to how we talk about others. • When employees tell jokes about people, it sends a message that it is okay to make fun of others. • There is nothing funny about name-calling or telling a joke about a person who walks, talks, dresses or learns in a way that is different from you. • Racial slurs and other language that is offensive should never be used in the workplace.

24. V. Managing Your Own Behavior(continued) • Learn how to handle anger and disappointment constructively. • Anger and disappointment are normal emotions that both employees and managers feel, but even when we’re angry, we should respect those around us. • Employees can learn different ways to handle anger, such as deep breathing, writing in journals, requesting to suspend a meeting or a discussion until a later time or talking to someone, such as the Employee Assistance Program. • If you do say something offensive … apologize.

25. VI. Handling Inappropriate Behaviors by Others • If you feel comfortable, speak to the offender and tell them to stop the inappropriate conduct or behavior. • If you do not feel comfortable speaking directly to the offender, tell the classroom instructor, a manager, the servicing office of civil rights, or if appropriate report it to the accountability board.

26. VII. Conclusion Remember, the best way to prevent inappropriate behavior or conduct in the workplace starts with YOU!