Teaching your Teaching your Supervisors Supervisors how to supervisehow to supervise

by Joe Bontkeby Joe BontkeOmbudsman & Outreach ManagerOmbudsman & Outreach Manager

Houston District OfficeHouston District Office

713 209 3436713 209 3436

joe.bontke@eeoc.govjoe.bontke@eeoc.gov

EEOC Information 1 800 669 EEOC Information 1 800 669 40004000

www.eeoc.govwww.eeoc.gov

This is not an official EEOC document and solely reflects the author’s views and is meant for technical assistance.

wouldn’t supervision be easier if you only worked with adults

IntroductionIntroduction

All organizations experience conflict. All organizations experience conflict. Most of this tension results from Most of this tension results from differences that exist because of differences that exist because of contrasting values. We make choices contrasting values. We make choices and decisions based on our value and decisions based on our value system, and differing values often lead system, and differing values often lead to misunderstandings and to misunderstandings and misinterpretation. This, in turn, misinterpretation. This, in turn, hampers our relationships and lessens hampers our relationships and lessens the effectiveness of our work togetherthe effectiveness of our work together

Let’s look at our Let’s look at our “backpacks” “backpacks” It’s what we “bring” to workIt’s what we “bring” to work It’s who I amIt’s who I am It’s my “stuff”It’s my “stuff”

A quick overview of A quick overview of real employment lawsreal employment laws Title VIITitle VII ADEAADEA EPAEPA ADAADA The rest of the storyThe rest of the story

The Civil Rights Act of 1964 The Civil Rights Act of 1964 Title Title

VII VII prohibits discrimination on prohibits discrimination on the basis of:the basis of:

RaceRace ColorColor Sex (including pregnancy discrimination)Sex (including pregnancy discrimination) Religion Religion National Origin (including ethnic National Origin (including ethnic

background and traits associated with background and traits associated with national origin, i.e., family surname, national origin, i.e., family surname, language or accent)language or accent)

The Age Discrimination The Age Discrimination in Employment Act in Employment Act (ADEA)(ADEA) Applies to employers with 20 or Applies to employers with 20 or

more employees.more employees. Applies to individuals who are Applies to individuals who are

age 40 and over.age 40 and over.

The Equal Pay Act The Equal Pay Act (EPA)(EPA)

Prohibits sex-based wage Prohibits sex-based wage discriminationdiscrimination

Includes fringe benefitsIncludes fringe benefits Applies when men and women Applies when men and women

perform substantially equal workperform substantially equal work

Title I of the Americans Title I of the Americans with Disabilities Act with Disabilities Act (ADA)(ADA)

Prohibits discrimination on the Prohibits discrimination on the basis of disability, including the basis of disability, including the requirement to provide a requirement to provide a reasonable accommodation to reasonable accommodation to persons with physical and/or persons with physical and/or mental limitations.mental limitations.

What is the truth?What is the truth?

Finished files are the result of years of scientific study combined with the experience of many years of experts.

Finished files are the result of years of scientific study combined with the experience of many years of experts. 7 of them!

The GenerationsThe Generations

There can currently There can currently be 4 defined be 4 defined generations observed generations observed in modern societyin modern society– The BuildersThe Builders– The BoomersThe Boomers– The X-ersThe X-ers– The N-GenThe N-Gen

Clash In ValuesClash In ValuesVALUES IN…VALUES IN… BUILDERSBUILDERS BOOMERSBOOMERS XERSXERS N-GENN-GEN

MOTHER MOTHER HomemakerHomemaker Working MotherWorking Mother Single MotherSingle Mother Single Mother/ FatherSingle Mother/ Father

FAMILYFAMILY Close FamilyClose Family Dispersed FamilyDispersed Family Latchkey KidsLatchkey Kids Looser Family StructureLooser Family Structure

MARRIAGE MARRIAGE Married OnceMarried Once Divorced/ RemarriedDivorced/ Remarried Single ParentSingle Parent UndeterminedUndetermined

HAIRHAIR Short HairShort Hair Long HairLong Hair Any Style HairAny Style Hair Bleached/ SpikedBleached/ Spiked

CLOTHESCLOTHES FormalFormal Casual Casual BizarreBizarre Anything GoesAnything Goes

MUSICMUSIC Big Band/ SwingBig Band/ Swing Rock 'n' RollRock 'n' Roll Alternative, RapAlternative, Rap Very DiverseVery Diverse

MONEYMONEY Save It NowSave It Now Buy It NowBuy It Now Want It NowWant It Now Get It Now (online)Get It Now (online)

PURCHASINGPURCHASING Purchase w/ CashPurchase w/ Cash Purchase w/ credit cardPurchase w/ credit card Struggling to PurchaseStruggling to Purchase Purchase OnlinePurchase Online

MARKETINGMARKETING Ford Marketing ConceptFord Marketing Concept GE Marketing ConceptGE Marketing Concept Ignored MarketIgnored Market Interactive Global MarketInteractive Global Market

HIGH-TECHHIGH-TECH Slide RuleSlide Rule Calculator Calculator ComputerComputer InternetInternet

WORK STYLEWORK STYLE Team WorkTeam Work Personal FulfillmentPersonal Fulfillment Tentative/ Divided LoyaltyTentative/ Divided Loyalty NetworkingNetworking

WARWAR Win a WarWin a War Why a War?Why a War? Watch A WarWatch A War Winless WarWinless War

MORALSMORALS Puritan EthicsPuritan Ethics SensualSensual CautiousCautious TolerantTolerant

Supervision 101Supervision 101

You want to be liked by your staff You want to be liked by your staff … but being liked is not part of … but being liked is not part of your job descriptionyour job description

Why not just be respected!Why not just be respected! What can you do when someone What can you do when someone

is not a good employee?is not a good employee?

Retaliation is Retaliation is Prohibited Prohibited

It is unlawful to penalize, punish or It is unlawful to penalize, punish or deny an employment benefit because deny an employment benefit because that person opposed discrimination or that person opposed discrimination or participated in any way (ex: as a participated in any way (ex: as a witness) in the investigation of a witness) in the investigation of a charge.charge.

Recordkeeping Recordkeeping RequirementsRequirements Payroll, personnel and employment Payroll, personnel and employment

action recordsaction records– Employers can comply with all of the laws Employers can comply with all of the laws

by retaining all payroll, personnel and by retaining all payroll, personnel and employment action records for 3 years.employment action records for 3 years.

– SUPERVISORS do you have any ….SUPERVISORS do you have any ….

– DOCUMENTATIONDOCUMENTATION

Medical Records and Medical Records and Information--Information--

Medical information about applicants Medical information about applicants and/or employees in a confidential and/or employees in a confidential medical file that is separate from the medical file that is separate from the personnel, payroll and employment personnel, payroll and employment action in a locked file cabinet.action in a locked file cabinet.

InterviewingInterviewingApplicantsApplicants

Job Application Job Application QuestionsQuestions

It is best to limit job application It is best to limit job application questions to basic identifying questions to basic identifying information information

(e.g. name, address, social security number)(e.g. name, address, social security number)

– Questions about job qualificationsQuestions about job qualifications– Questions related to the ability to Questions related to the ability to

perform essential functionsperform essential functions– Required licenses or degreesRequired licenses or degrees

Questions to avoid--Questions to avoid--

Are you pregnant?Are you pregnant? Do you plan to have children?Do you plan to have children? What is your date of birth?What is your date of birth? Are you married?Are you married? Do you have a disability?Do you have a disability? Do you need an accommodation to do this Do you need an accommodation to do this

job?job? Have you ever been treated for a mental Have you ever been treated for a mental

illness?illness?

IdentifyingIdentifyingandandPreventingPreventingWorkplaceWorkplaceHarassmentHarassment

HarassmentHarassment

Any unwelcome verbal or physical Any unwelcome verbal or physical conduct based on:conduct based on:– RaceRace– ColorColor– SexSex– ReligionReligion– National originNational origin– AgeAge– Disability Disability

Two Types of Two Types of HarassmentHarassment

1) Tangible Employment Action1) Tangible Employment Action– Only supervisors and managers can Only supervisors and managers can

subject an employee to tangible subject an employee to tangible employment action harassment because employment action harassment because only supervisors and managers have the only supervisors and managers have the authority needed to take a tangible authority needed to take a tangible employment action. employment action.

(hiring, benefits, promotion, demotion, discharge)(hiring, benefits, promotion, demotion, discharge)

2) Hostile Work Environment– Unwelcome comments or conduct based Unwelcome comments or conduct based

on race, color, sex, religion, national on race, color, sex, religion, national origin, age or disability unreasonably origin, age or disability unreasonably interferes with an employee’s work interferes with an employee’s work performance or creates an intimidating, performance or creates an intimidating, hostile or offensive work environment.hostile or offensive work environment.

– A hostile work environment can be created A hostile work environment can be created by a supervisor, manager, co-worker or by a supervisor, manager, co-worker or non-employee.non-employee.

– Includes, jokes, gestures, touching, graffiti, Includes, jokes, gestures, touching, graffiti, demeaning names or expressions, demeaning names or expressions, mocking behavior.mocking behavior.

Avoiding HarassmentAvoiding Harassment

Educate and MonitorEducate and Monitor

Listen and InvestigateListen and Investigate

Take Corrective ActionTake Corrective Action

As a supervisor you set the standardAs a supervisor you set the standard

Performance Performance EvaluationsEvaluations

Avoid allegations of discrimination Avoid allegations of discrimination by:by:– Making sure evaluation systems areMaking sure evaluation systems are

Understood by both supervisors and Understood by both supervisors and employeesemployees

Consistently appliedConsistently applied PredictablePredictable

Questions, concerns or Questions, concerns or criticisms ….criticisms ….

Your trainer for today:Your trainer for today:Joe BontkeJoe Bontke

Ombudsman &Ombudsman &Outreach ManagerOutreach Manager

EEOC Houston District OfficeEEOC Houston District Office(713) 209-3436(713) 209-3436

tty 713 209 3439tty 713 209 3439joe.bontke@eeoc.govjoe.bontke@eeoc.gov

For EEOC information and to speak with a real person call

1 800 669 4000 and visit our website www.eeoc.gov

For training at your business or organization call one of our small business ombudspersons for a list go to: http://www.eeoc.gov/employers/contacteeoc.html

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