1. EO 101: What Every Employee Needs to Know
Dr. Latonya Guillory, Director
Office of Affirmative Action & Equal Employment Opportunity
August 24, 2017

2. Objectives
This presentation is a general overview of federal antidiscrimination laws application to Southern Miss. Participations will learn what behaviors are prohibited in the workplace, how to accommodate individuals, and how to respond when violations of these laws occur.

3. What is discrimination?
Unfavorable or preferential treatment of an individual or group of individuals based on a protected class (race, religion, disability, etc.) or because of that individual’s or group’s association with a protected class
Four types of discrimination-disparate treatment, disparate impact, harassment and retaliation
A person or group can be discriminated against based on multiple protected classes simultaneously (intersectional discrimination)

4. Types of discrimination
Disparate treatment- intentional, differential treatment based on a protected class
Disparate impact- facially neutral policy or practice that has an adverse impact on a protected class
Harassment- unwelcome conduct that is based on a protected class when the behavior:
Must be endured as a condition of continued employment; and
Severe and pervasive enough to create an intimidating, abusive or hostile work environment
Retaliation- adverse action against a covered individual because he or she engaged in a protected activity (asserting opposition to discrimination or participation in the complaint process)

5. Title VII of the Civil Rights Act of 1964, as amended (CRA; Title VII)
Prohibits employment discrimination based on:
race
color
national origin
religion
sex

6. Prohibited Discriminatory Practices
Hiring and firing
Compensation, assignment, or classification of employees
Job duties and assignments
Transfer, promotion, layoff, or recall
Job advertisements
Recruitment
Testing
Background checks
Training and professional development opportunities
Fringe benefits
Other terms and conditions of employment

7. Race All races protected
Covers perceived race, actual racial identity and association with a particular race

8. Color Pigmentation Shade Skin tone Complexion
Association with any of these factors

9. National Origin Characteristics common to a specific ethnic group:
birthplace
ancestry
culture
ethnicity
ethnic traits
surname
association with an ethnicity or culture

10. Sex pregnancy, childbirth, or related medical conditions
Protects males and females
“Sex” discrimination includes:
pregnancy,
childbirth, or
related medical conditions
sexual harassment
sexual orientation
gender identity

11. Religion
Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views
Protections apply to “believers”, “non-believers”, “atheists”, and “agnostics”
Employer must provide a reasonable accommodation unless doing so would pose an undue hardship

12. Harassment
Any unwelcome verbal or physical conduct based on any characteristic protected by law (i.e., protected classes) when:
The behavior can reasonably be considered to adversely affect the work environment (hostile work environment); or
An employment decision affecting the employee is based upon the employee’s acceptance or rejection of such conduct (quid pro quo)

13. Harassment The harasser’s conduct must be unwelcome
Harassment may occur without economic injury
Victim as well as the harasser may be a woman or a man, white or black, etc.
The victim does not have to be of the opposite sex or different race, religion, etc.
Harasser can be the victim’s supervisor, a supervisor in another area, a co-worker or a customer
Victim does not have to be the person harassed but could be anyone affected by the offensive conduct

14. Employer Liability
An employer is always liable for prohibited harassment by a supervisor that culminates in a tangible employment action.
In hostile environment cases the employer can avoid liability or damages by showing:
(a) the employer exercised reasonable care to prevent and correct promptly any harassment; and
(b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise

15. Retaliation
Protects employees who assert rights to be free from employment discrimination (protected activity) including harassment
Applicants and employees cannot be retaliated against for:
Filing a discrimination complaint
Being a witness in a discrimination complaint
Refusing to follow orders that would result in discrimination
Resisting sexual advances
Intervening to protect others from harassment
Requesting an accommodation for a disability or religious practice
Requesting salary information to determine potentially discriminatory wages

16. The Age Discrimination in Employment Act of 1967 (ADEA)
Protects individuals who are 40 years of age or older from discrimination in employment because of their age.

17. Americans with Disabilities Act (ADA) and Amendments Act (ADAAA)
Prohibits discrimination in employment against qualified individuals with disabilities or against individuals associated with someone with a disability
Employers cannot use standards, criteria, methods, or tests that:
have the effect of discriminating on the basis of disability
screen out or tend to screen out an individual with a disability.
ADAAA defines qualifying individuals with disabilities as:
individuals with an impairment that severely limits one or more major life functions (eating, walking, caring for one’s self, thinking, etc. )
individuals with a history of such an impairment
individuals guarded as having such an impairment

18. Qualified Individual with a Disability
The person is qualified when he or she:
satisfies skill, experience, education, and other job-related requirements of the position held or desired, and
can perform the essential functions of that position, with or without reasonable accommodation

19. Reasonable Accommodation
Any change to a job, the work environment, or the way things are usually done that allows an individual with a disability to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace.
Applicable in the context of disability and religious discrimination
Employers must provide reasonable accommodations unless doing so would impose an undue hardship
Significant difficulty or expense incurred to provide or implement an accommodation based on agency’s size, financial resources and nature and structure of its operation

20. Examples of Reasonable Accommodations
Making existing facilities readily accessible to and usable by persons with disabilities
Job restructuring
Modification of work schedules
Providing additional unpaid leave
Reassignment to a vacant position
Acquiring or modifying equipment or devices
Adjusting or modifying examinations, training materials, or policies providing qualified readers or interpreters
Approved leave time for religion observances
Amending dress code policies to allow religious clothing, headdress, or grooming standards

21. When Are Reasonable Accommodations Needed?
May be necessary to:
apply for a job,
to perform job functions, or
to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities.
An employer is not required to lower production standards to make an accommodation or create a position.
An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

22. Rehabilitation Act of 1973, as amended
Prohibits discrimination against qualified individuals with disabilities in employment, participation in programs, benefits etc.   
Requires affirmative steps to recruit, hire, promote and retain qualified individuals with disabilities
Section 503 prohibits employment discrimination
Section 504 prohibits discrimination against students

23. Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)
Prohibits discrimination in employment against protected veterans
Requires affirmative steps to recruit, hire, promote and retain qualified vets
Covers disabled veterans, active duty or war campaign veterans, armed forces service medal veterans, and recently separated veterans

24. Genetic Information Nondiscrimination Act of 2008 (GINA)
Prohibits employment discrimination based on genetic information about an applicant, employee, or former employee
Cannot use an employee’s genetic information as factor in making offer, offering benefits, assigning duties, etc.

25. What if I think my rights have been violated?
You have a right to file a discrimination complaint
You may file your complaint electronically or in person at:
Office of Affirmative Action & Equal Employment Opportunity
310 McLemore Hall
You must complete and sign the complaint form, and provide a written statement of the discrimination that occurred

26. What if I think my rights have been violated?
Complaints are confidential to the fullest extent possible
You may file external complaints with the appropriate federal agency
You are protected from retaliation for filing a complaint, or participating in a complaint or investigation

27. Questions?