EEO Best Practices: Addressing and Preventing Discrimination

February 12, 2013MHRMA

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

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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: EmploymentActions 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 Investigations1. Meet with the complaining

employee2. Plan the investigation3. Conduct witness interviews

and collect relevant documents

4. Complete a final report5. 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: www.mass.gov/mcad

Table Discussion: Next Steps

• What is one next step you’d like to take to improve the discrimination prevention program in your workplace?

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For More Information

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