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

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

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

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

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

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

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 POLICY

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

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

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

Internal Investigations 1.Meet with the complaining employee 2.Plan the investigation 3.Conduct witness interviews and collect relevant documents 4.Complete a final report 5.Take next steps as needed

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

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

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

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

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

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:

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

For More Information Contact the MCAD Training Unit Assistant at or