EEO Best Practices: Addressing and Preventing Discrimination

1. EEO Best Practices: Addressing and Preventing Discrimination February 12, 2013 MHRMA

2. Objectives for Today Today’s session will introduce: • Key elements of an effective discrimination prevention program • MCAD discrimination prevention resources

3. Role of the MCAD • Receives complaints from employees and others who feel they have experienced discrimination • Statute of limitations • Intake  mediation  investigation  hearing • 3,000 to 4,000 cases each year • 85% employment cases

4. Forms of Discrimination • Disparate Treatment • Harassment • Quid Pro Quo • Hostile Environment (sexual or other forms) • Disparate Impact • Accommodation • Disability or Religion

5. Military personnel National origin or ancestry Race or color Religion Retaliation Sexual orientation Mass. General Law 151B: Employment Actions cannot be based on: • Age • Criminal records (inquiries only) • Disability • Gender • Gender expression • Genetics

6. POLICY The EEO Function: Policies • General EEO policy • Discriminatory harassment policy • Professional conduct policy • All policies translated as needed

7. EEO Policies: What Mass. Law Says • Every employer shall: • adopt a policy against sexual harassment • provide an individual copy to new employees when hired, and annually to all employees • MCAD provides model policy and poster • Training strongly encouraged for: • new employees within 1 year • new supervisors within 1 year • Mass. Gen. Law 151B, §3a

8. POLICY EEO Policies: Key Elements • Forms of discrimination • Examples of actions that may violate the policy and/or require reporting • Groups protected, including retaliation • Who to contact with concerns and accommodation requests • Procedures for investigations and remedial action • How to contact the MCAD/EEOC and statute of limitations

9. The EEO Function: Procedures • Regular policy distribution • Inclusive recruitment program and non-discriminatory job descriptions, hiring criteria and hiring practices • Non-discriminatory performance management • Careful review of accommodation requests • Equal service for customers

10. Accommodation Procedures • Well-written job descriptions • Recognize requests • Analyze medical documentation • Ensure an interactive dialogue and analyze reasonableness • Implement and evaluate accommodations • Consider leave rights

11. The EEO Function: Complaints • At least 2 individuals named to receive internal complaints • Each trained to conduct discrimination complaint investigations • Prompt, neutral investigations with thorough follow-up

12. Internal Investigations • Meet with the complaining employee • Plan the investigation • Conduct witness interviews and collect relevant documents • Complete a final report • Take next steps as needed

13. The EEO Function: Training • Why is it important to conduct regular discrimination prevention training for managers and supervisors? • For line staff?

14. Effective EEO Training Strategies • Tailor design initial, refresher, and remedial sessions • Incorporate interactive methods to ensure understanding, application, and retention • Often need 3½ (employees) to 4 hours (managers) to cover essential elements • Shorter refresher sessions every 1 to 3 years

15. EEO Training Strategies, cont. • 25 or fewer participants per session • Participation of all employees with translation as needed • Training of trainer • Sign-in sheet • Continual evaluation, fine-tuning, and updating

16. Trainer Selection and Preparation • Can use MCAD or our trainer referral list • Evaluate potential trainers’: • Past training experience • Interactive training strategies • Understanding of work environment and ability to tailor training • Collaborate with the trainer to ensure design matches employees’ needs

17. MCAD Courses for EEO Professionals • Two half-day prerequisites plus four modules: • Two Train-the-Trainer modules • Conducting Internal Discrimination Complaint Investigations • Responding to Accommodation Requests • Enrollment in fall • Each module includes practicum

18. Other MCAD Resources • Free complaint mediation program • Fee-for-service training • Referrals to trainers, internal investigators, and accommodation consultants • Web site with guidelines, posters, and other publications: www.mass.gov/mcad

19. EEO EEO Table Discussion: Next Steps • What is one next step you’d like to take to improve the discrimination prevention program in your workplace?

20. For More Information • Contact the MCAD Training Unit Assistant at 617-994-6072 or Training.Assistant@state.ma.us