1. Crossing The Line Preferential Treatment vs. Equal Employment AIM-IRS ABMTS – August 6, 2009 Presented by Darlene Reese

2. Preferential Treatment Relating to, or giving advantage or preference: preferential treatment. Disposed to favor one over another Manifesting partiality Showing or giving preference

3. Past Perceptions Recruitment efforts geared to targeted groups Women Minorities Internal Programs to promote targeted groups Affirmative Action Plans Identified groups with low representation

4. Now MD-715 Requires agencies to take appropriate steps to ensure that all employment decisions are free from discrimination Provides policy guidance and standards for establishing and maintaining effective affirmative programs of equal employment opportunity

5. Now MD-715 Identifies barriers/triggers to hiring, retention, recruitment Allows agency to identify the likely factor (or combination of factors) which has adversely affected the employment opportunities of the group in question

6. EEO EEO – Equal Employment Opportunity The Law Title VII - Civil Rights Act of 1964 & 1991 ADEA 1967 Rehabilitation Act 1973 Prohibits discrimination on 7 bases

7. Discrimination A supervisor or person in authority making employment decisions relating to hiring, firing, transferring, promoting, demoting, benefits, compensation, and other terms or conditions of employment because of an employee’s protected class status

8. Bases of Discrimination Race Age Sex National Origin Disability Religion Color Retaliation/Reprisal

9. Other Bases Sexual Orientation Parental Status Genetic Information Note: though not covered by Title VII, these bases are prohibited by various Executive Orders (as amended) and by the Department of Treasury

10. Preferential Treatment vs. Discrimination Unfair treatment does necessarily equal unlawful discrimination Unfair treatment violates EEO laws only when such treatment is based on the presence of a protected characteristic

11. Preferential Treatment or Discrimination Manager conducts interviews for position, observes that the candidate is pregnant; and does not hire the candidate. Manager knows a candidate is at retirement age and does not select the employee for promotion. Manager hires a female for a position

12. Manager generally provides work that is considered more technical (and award worthy) to a specific employee Manager allows an employee to report to work at a later time than other employees Manager appears to give higher appraisals to everyone but you Preferential Treatment or Discrimination

13. Questions to Ask Why do you think that is the case What do you know about the other individual’s background Have you considered that the selectee is better qualified If you feel you are the best, be prepared to prove it

14. Questions???