Business & Finance Forum Campus Commitment Training April 9 & 21, 2009 David Betts Anthony Walesby Associate D

2. Business & Finance Forum Campus Commitment Training April 9 & 21, 2009 David Betts Anthony Walesby Associate DirectorAssociate Vice Provost & Sr. Director

3. Office of Institutional Equity 2072 Administrative Services Bldg (734) 763-0235 (v) (734) 647-1388 (tty) http://www.hr.umich.edu/oie

4. Campus Commitment Program • Program started in October 2006 • Based on UM’s Nondiscrimination Statement • Training is customizable for students, staff and faculty • Since October 2006, OIE has provided training to over 16,000 faculty, staff and students

5. Today’s Objectives • Gain a better understanding of federal and state civil rights laws • Understand how these laws impact University policy • Understand your unique role as a B&F manager

6. The Commitment The University of Michigan has, as one of its core values, an abiding commitment to sustaining a community in which the dignity of every individual is respected. Key to this value are efforts to foster and nurture an environment of civility and mutual respect by preventing discrimination and harassment on our campus.

7. Why Eliminating Discrimination and Harassment So Important • Inconsistent with the University’s values, where every person is treated with dignity • Detrimental to the University’s/department’s reputation and the University community’s/department’s morale • Can lead to increased absenteeism, distrust, fear, powerlessness, stress, recruitment and retention problems • Legal liability

8. Non-Discrimination Statement The University of Michigan, as an equal opportunity/affirmative action employer, complies with all applicable federal and state laws regarding nondiscrimination and affirmative action, including Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973. The University of Michigan is committed to a policy of nondiscrimination and equal opportunity for all persons regardless of race, sex, color, religion, creed, national origin or ancestry, age, marital status, sexual orientation, gender identity, gender expression, disability, or Vietnam-era veteran status in employment, educational programs and activities, and admissions.

9. Federal and State Civil Rights Laws • Title VII of the Civil Rights Act • Title VI of the Civil Rights Act • Title IX of the Education Amendments • The Americans with Disabilities Act • Section 504 of the Rehabilitation Act • The Age Discrimination in Employment Act • The Age Act • Michigan’s Elliott-Larsen Civil Rights Act • Michigan’s Persons with Disabilities Civil Rights Act • Executive Order 11246

10. U-M Policies • Non-Discrimination – SPG 201.35 • EEO/Affirmative Action Policy – SPG 201.82 • EEO/Affirmative Action Policy for Individuals with Disabilities – SPG 201.84 • EEO/Affirmative Action Policy for Veterans – SPG 201.87 • Sexual Harassment – SPG 201.89 • Discriminatory Harassment – SPG 201.89-1 • Faculty-Student Relationships - SPG 601.22 • Employee-Student Relationships - SPG 601.22-1

11. Types of Discrimination • Disparate Treatment – treating similarly situated people differently on the basis of protected class status • Disparate Impact – when a neutral action or policy has the unintended effect of discriminating on the basis of protected class status • Failure to Accommodate – disability and religion only • Harassment

12. Vicarious Liability • An employer is responsible for the acts of its supervisors; and • Employers should be encouraged to prevent harassment and employees should be encouraged to avoid or limit the harm from harassment Source: EEOC Enforcement Guidance - 6/18/1999

13. Vicarious Liability According to the U.S. Supreme Court, an employer is always liable for a supervisor’s harassment if it culminates in a tangible employment action. What does this mean?

14. Sexual Harassment

15. Types of Sexual Harassment • Quid Pro Quo • Hostile Environment • Unwelcome (uninvited) • Conduct of a sexual nature (different than gender discrimination) • That is so severe, persistent or pervasive it unreasonably interferes with a person’s ability to do their work or creates a hostile, offensive or abusive work environment

16. What Does Unwelcome Mean? • Uninvited • Intention is irrelevant • Why is welcome sexual behavior still a problem? • Others might still be subjected to it • May not be a welcoming environment for new employees • Managers BEWARE!!

17. The Reasonable Person Standard: The behavior must subjectively and objectively be considered sexual harassment

18. Conduct of a Sexual Nature:Sexual Statements • Sexual or “dirty” jokes • Comments on physical attributes • Spreading rumors about or rating others as to sexual activity or performance • Talking about one’s sexual activity in front of others • Displaying or distributing sexually explicit drawings, pictures and/or written material (including email, instant messaging, blogs, web pages, etc).

19. Conduct of a Sexual Nature:Personal Attention • Letters • Telephone calls • Visits • Gifts • Pressure for sexual favors, pressure for unnecessary meetings, pressure for dates where a sexual/romantic intent appears evident but remains unwanted • STALKING

20. Conduct of a Sexual Nature:Physical or Sexual Advances • Touching • Hugging • Kissing • Leering • Fondling • Touching oneself sexually for others to view • Pulling pants down/taking off clothes • Sexual assault

21. Other Considerations • Who harasses who? Women-Men/Men-Women Men-Men/Women-Women Faculty-Student/Student-Faculty Supervisor-Supervisee/Supervisee-Supervisor • Third parties – sales reps, vendors, construction workers, etc. • Location – you take the work/power relationship with you no matter where you are (including conferences)

22. A Manager’s Responsibility Regarding Sexual Harassment • Do not do it • Do not encourage it • Look out for it • Do not tolerate it • Take prompt action if confronted with it • Cooperate with the University when it handles these issues

23. What Are a Manager’s Responsibilities if it Happens? • Act promptly (liability begins when the University “knew or should have known”) • Report of harassment does NOT have to be in writing • Vicarious liability • Contact the appropriate University official (Vice President’s Office, Your Supervisor, Human Resources Office, OIE) • Cooperate with the investigation

24. Personal Consequences for Managers Who Engage in Sexual Harassment • Reputation • Corrective Action • Personal liability

25. Employee-Student Relationships • SPG 601.22-1 • Requires staff to report romantic relationships with students if they have influence over the student’s status or circumstances • Work with the employee and student to eliminate the potential for an actual or perceived conflict • Failure to report can lead to discipline • Sexual harassment policy states that in unequal power situations, behavior is assumed to be nonconsensual

26. Case Study • Chris and Pat both work at the University. • Chris and Pat have been dating for four months. • Chris is Pat’s supervisor. • Pat suggests that perhaps they shouldn’t date anymore. • Chris responds “C’mon Pat, you know I care for you. I don’t know what I’ve done to make you feel this way...please give me another chance, I really care for you.” • Is Pat being sexually harassed? • Chris then laughs and adds “Besides, I’m in the process of deciding raises...it’s not a good time to break up with me, is it?” • Is Pat being sexually harassed? • What if Pat alleges the relationship was never consensual? • Does it matter what gender Chris and Pat are?

27. Case Study • Your supervisor Henry has had a calendar of women in bikini’s in his office every year for the past 20 years. You can only see the calendar when the door is closed. • Henry frequently has meetings in his office with the door closed, including with members of your staff. • Henry also sometimes has “roving eyes” and you have noticed he sometimes stares at certain female staff members. • One of those staff members complains to you about Henry’s staring and the calendar in his office. • Could this be sexual harassment? • What do you do? • What would be the worst thing to do?

28. Case Study • One of your staff members, Terry, complains to you about being asked out by another staff member – Lee. Terry says that it is sexual harassment and asks never to work with Lee again. • You get all the details from Terry and Lee: • Lee asked Terry out to a movie • Terry declined and Lee did not ask again • Lee has not done or said anything else inappropriate • Terry is extremely uncomfortable in Lee’s presence, knowing there is a spark of interest there. • Has Terry been sexually harassed? • Does it matter what gender Terry or Lee is? • How should you handle this situation?

29. Racial, Color, National Origin Discrimination

30. Race, Color & National Origin No University student, faculty or staff shall, on the basis of their race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination.

31. Hostile Environment A racially hostile environment occurs when harassing conduct (e.g., physical, verbal, graphic, or written), becomes sufficiently severe, pervasive or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities or privileges provided by the University.

32. University’s Obligation • The University prohibits racially harassing behavior on its campus (and in many situations off campus). • A person engaging in harassing behavior does not have to be in a particular position vis-à-vis the person being harassed for the conduct to create a hostile environment. • A harasser can be a peer, a person who has power over the person being harassed (e.g., a supervisor or faculty member), a person who does not have power over the person being harassed (e.g., a supervisee or a student in a classroom who is harassing a faculty member), or a visitor to campus (e.g., a contractor).

33. Notice • Actual knowledge • Constructive knowledge

34. Racial Harassment • Harassing conduct (physical, verbal, written, electronic, etc.) based on race – injury to persons or property, threats of such injury • Sufficiently severe, persistent or pervasive (subjectively and objectively) as to interfere with the ability to participate in University programs or create an objectively hostile environment

35. Case Study • Cliff works in a department with 25 employees. He has always gotten along well with his co-workers and they like to joke around. Cliff’s department is not racially diverse, and he is one of only two people in his department of his race. • Cliff is the same race as a character from a famous old-time television show. One of Cliff’s co-workers, Susan, has started calling Cliff by the television character’s name. • Lisa, one of Cliff and Susan’s co-workers tells the supervisor about the situation and says it is making her uncomfortable. Cliff has not raised the issue with you. • How should the supervisor handle this situation? • Does it matter if Susan and Cliff are the same race?

36. Case Study • Amal has worked at the University for 7 years. Amal is Lebanese and visits her family in Lebanon for six-weeks every summer. Amal likes for her co-workers call her Anne. • Anne’s supervisor left the University and she was asked to become the interim supervisor. As interim supervisor, she now reports to George, who frequently asks her questions about the Middle East, such as her opinion about the Gaza Strip conflict. • Anne applied for the supervisor position when it was posted. Anne’s co-worker, Nancy, also applied. Nancy has worked in the department for 2 years and has fewer overall years of experience than Anne. Anne and Nancy have somewhat different skill sets. Nancy is American. • During the course of the search, a member of the search committee tells Anne (confidentially, of course) that she’s the search committee’s favorite candidate, but they’re concerned about her need for an annual six-week vacation. • After an extensive national search, George offers the position to Nancy. • Anne is stunned, because she has been performing well as the interim supervisor. She thinks back to George’s questions about Gaza and the search committee member’s negative statement about her visits to her family in Lebanon and begins to believe she was not selected because she is Arabic and her family is not from the United States.

37. Disability Discrimination

38. Failure to Accommodate • Disability • Definition: • Physical or mental impairment that substantially limits one or more major life functions • Record of having such an impairment • Regarded as having that impairment • The Accommodation Process • Provide documentation and decision is made • Interactive discussion about what might work • Reasonable accommodation is provided, if available • Accommodation is not reasonable if it causes an undue financial or administrative burden

39. Reasonable Accommodation The University shall provide a reasonable accommodation to the known disability of a qualified applicant or employee with a disability unless the accommodation would impose an undue hardship.

40. What does “qualified” mean? A qualified individual with a disability is a person who satisfies the requisite • skill • experience • education • other job-related requirements of the employment position and who, with or without a reasonable accommodation, can perform the essential functions of a position

41. What is a Reasonable Accommodation? A reasonable accommodation is any modification or adjustment to a • job • an employment practice, or • the work environment that makes it possible for a qualified individual with a disability to perform the essential functions of the job

42. What are the Essential Functions of a Job? Those core duties that are the reason the job position exists

43. The Request for an Accommodation • No specific language • Not required to be in writing for the ADA • May be expressed in a conversation with the supervisor that engages the interactive process

44. The Interactive Process • Request • Essential job functions • Documentation • Reasonable accommodation

45. Team Resources • Key department/unit staff • Central Human Resources • Unit Human Resources • ADA Coordinator • Work Connections Staff

46. Remember • Engage in the conversation • Evaluate the reasonableness of the accommodation • Interact with the employee • Utilize resources that are available for you, and the employee • Always initiate a ‘return to work’ meeting with the employee

47. Case Study • John is ready to return to work from a leave of absence for (what he has disclosed) is depression. • He works as a consultant to other departments and his job requires significant customer service. • John’s manager and co-workers have remarked that John has always been “sullen and non-social”. They also commented that he doesn’t smile or kid around with co-workers, but he does get the job done. • John is also described as being “low energy’ in sharp contrast to the temporary staff, Mary, who filled in for John while he was on leave. Mary is described as being “upbeat, happy and a real go-getter.” • The manager tells you that John is just not cut out for this type of work and they do not want him back because “customer service is everything.” • The manager wants to hire Mary to replace John.

48. Case Study • Jane is a custodian who works in the Plant Department. • Jane tells her supervisor, Roger, that due to a medical condition, her doctor had informed her that she cannot lift anything over 5 pounds. As a result, she would like a supervisory position since it doesn’t require lifting. • Roger laughs and tells Jane to get back to work or she’s fired. • Jane tells Roger that her doctor AND her attorney both believe that her request is reasonable and legally required.

49. Other Forms of Discrimination

50. Sex  Religion  Creed Ancestry  Age  Marital Status • Sexual Orientation  • Gender Identity  Gender Expression • Vietnam-era Veterans 