Employment Discrimination: Rights and Responsibilities

1. Employment Discrimination: Rights and Responsibilities By Lee Lambert

2. Shoreline Community College Shoreline Community College is committed to an affirmative action program that complies with all applicable state and federal regulations and ensures equal employment opportunity and non-discrimination for all Shoreline Community College employees and prospective employees. To achieve this objective, Shoreline Community College is committed to recruit, hire, train, and promote qualified persons in all job titles without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability status, or status as a disabled veteran or Vietnam-era veteran.

3. Learning Outcomes • To gain greater familiarity with the different theories of discrimination. • To understand the standards of liability, indemnification, attorney client privilege, and manager/supervisor responsibilities. • To understand the College’s obligation to create a discrimination free environment.

4. Exercise: Identification of Behaviors 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

5. Sources of Civil Rights Protection • FEDERAL: • Title VII and VI of the Civil Rights Act of 1964 and 1866 • Title IX of the Education Amendments of 1972 ADEA, ADA, EPA, Rehabilitation Act • Case Law

6. Sources of Civil Rights Protection (cont.) • STATE: • RCW 49.60 • RCW 28B • Case Law

7. Discrimination Theories • Disparate Treatment • Disparate Impact • Reasonable Accommodation • Retaliation • Harassment

8. Types of Sexual Harassment 1. QUID PRO QUO a. Authority b. Extortion or Attempted Extortion c. Exchange for a Job Benefit or Detriment

9. Types of Sexual Harassment (cont.) 2. HOSTILE ENVIRONMENT a. Harassment was unwelcome. b. Harassment was because of sex. c. Harassment must be severe or sufficiently pervasive.

10. Standards of Liability A. Imputed to the Employer 1. Strict Liability (vicarious) 2. Tangible Employment Action 3. Knew or Should Have Known B. Individual 1. Federal Standard 2. State Standard

11. Indemnification College employee sued for acts or omissions while performing official duties may request A.G. to defend at state expense (RCW 4.92.060)  Board of Trustees must find good faith, authorize (RCW 28B.10.842)  If A.G. finds that acts or omissions were within scope of duties, state defends/ pays; no lien on employee property (RCW 4.92.070-.075)

12. Attorney-Client Privilege  RCW 5.60.060(2)(a): “An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.” “Advice” v. other communications: label “confidential”?  Client may waive, intentionally or not  Who for college: Board? President?  Unintentional waivers by sharing AGO communications  Consequences of waiver

13. Exercise: Tangible Employment Actions 1. 2. 3. 4. 5. 6. 7. 8.

14. Institutional Responsibility • Develop policies and procedures • Conduct Training • Identify Civil Rights Coordinator • Prompt and Effective/Corrective Action • Not act with deliberate indifference • Maintain Confidentiality • Provide Due Process

15. Human Rights Universal Complaint Procedure • IntroductionWho can complainNon-retaliation • College Official for Assistance • Informal Verbal Complaint Procedure • Formal Complaint ProcedureSubmitting the written complaintFormal investigation • The rights of the accused • External complaint procedures