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Human ResourcesOffice of Equal Opportunity & ComplianceNew Employee OrientationPresented byFlorida State UniversityHuman Resources Office of Equal Opportunity & ComplianceFlorida State University(850) 645-6519Overview of Topics Equal Employment Opportunity(EEO)/Non-Discrimination Affirmative Action The Americans with Disabilities Act(ADA)Equal Employment Opportunity(EEO)/Non-Discrimination1

Non-Discrimination Laws& FSU PolicyFederalLawState LawPoliciesFSUFSU’s Policies EEO Statement Non-Discrimination Policy ADA Policy Sexual Harassment PolicyNon-DiscriminationEmployment/education decisions may not be basedon a protected group status.Cannot: limit employment opportunities take negative employment action create a hostile environment2

Protected Groups at FSUFSU prohibits discrimination based on:race, creed, color, sex, religion, nationalorigin, age, disability, veterans’ status,marital status, sexual orientation, genderidentity, gender expression, and other legallyprotected groups.Disparate Treatment DiscriminationAdverse employment action: Motivated by protected groupmembership.Case StudySamira is considering promoting one of her staffmembers to a supervisor position. She is choosingbetween two good employees: Brandon, who is AfricanAmerican, and Anel, who is Latina. She decides topromote Anel because most of the office staff is Latinoand Samira believes they will be more responsive to aLatina supervisor.Did Samira violate the University’s NonDiscrimination Policy?3

Case StudyDon, a supervisor, insists that all employees of MiddleEastern descent sign a loyalty and confidentiality oathto the University every year to prove that they aren’tterrorists. No other employees have to sign this oath.Is Don violating the University’s NonDiscrimination Policy?Disparate Treatment ContinuedHostile work environment: Harassing conduct– based on protected group status– so severe or pervasive that it objectivelycreates an offensive work environment Can be created by anyone in the workplace, notjust supervisors.Case StudyKeiko, a Japanese-American, works as a departmentassistant. Since she began work, a group of co-workershave been making fun of her by slanting their eyeswhen they see her, calling her ninja, “Cuckoo,” andcomplaining that she smells like raw fish. They havedone this repeatedly during her first two months on thejob. Keiko has asked them to stop, but they refused.Is Keiko being discriminated against?4

Case StudyRandy and Murat dislike Cindy because she recently gota merit bonus and they didn’t. Since then they havebeen rude to her. They roll their eyes at her and ignoreher work-related emails for as long as possible. Randykeeps pointing out minor mistakes in her work to theirboss and one day Murat called her a bitch during lunch.Is Cindy being discriminated against in violationof the University’s Non-Discrimination Policy?Disparate Impact Discrimination Neutral employment policy/practice consistentlyapplied to all employees, Has disproportionately harsher effect onmembers of a protected group, and Policy/practice is not job-related and consistentwith business necessity.Case StudyA meat packing plant requires that everyone applyingfor a packing job pass a strength test. The testeliminates over 60% of all female applicants, whileeliminating less than 3% of male applicants.Is there a potential discrimination problem here?5

Religious Accommodations Adjustments that allow an employee topractice his or her religion. May be denied if causes an undue hardship.Religious Accommodations Examples A Catholic employee requests to use annual leave to attendchurch services on Good Friday. A Jewish or Sikh employee requests an exception from thenormal dress code to allow him to wear a religious head coveringat work. An atheist employee asks to be excused from a religiousinvocation offered at the beginning of a graduation ceremony. An employee who adheres to Native American spiritual beliefsrequests leave to attend a ritual ceremony. A Muslim employee requests to schedule and use break timethroughout the day for prayer.Requesting Religious Accommodations Must make need known to supervisor Interactive Process Contact EOC with questions6

Where to Make aDiscrimination Complaint Immediate SupervisorNext Level SupervisorEOC in Human ResourcesEthicspoint Anonymous ReportingHotlineNon-RetaliationRetaliation is prohibited against individualswho: Make a discrimination complaintHelp someone reportParticipate in an investigationOtherwise oppose discriminationMake a reasonable accommodation requestWho Investigates Complaints? Investigates discrimination complaintsagainst employees, contractors, and visitors. Formal and informal options.7

Mandatory Reporting ObligationSupervisors must report the following to theEOC:Discrimination affecting a subordinate Disability Accommodation Requests Failure to report may result in disciplinaryaction.Mandatory Reporting Obligation“Supervisors” include: Residence Hall Coordinators Graduate Assistants Teaching Assistants Academic Advisors Athletic Coaches OthersRecognizing Offensive Behavior Mocking clothes, food, or physical appearanceof people from different cultures, religiousbeliefs, sexual orientation, or gender expressions Humor based on stereotyping/denigratingmembers of protected groups Not respecting different beliefs Making fun of accents or names8

Affirmative ActionCommitment to Affirmative ActionFlorida State University is committed tothe practice of equal opportunity andaffirmative action in all aspects ofemployment for minorities, women,protected veterans, and individuals withdisabilities.EEO Clause An Equal Opportunity/Access/AffirmativeAction/Pro Disabled & Veteran Employer. Equal Employment Opportunity/AffirmativeAction information is available on theUniversity’s EOC webpage(http://compliance.hr.fsu.edu/)9

Americans with Disabilities ActAmericans with Disabilities ActThe ADA, as amended by the ADAAA:Prohibits discrimination against qualifiedindividuals on the basis of disability in all aspectsof employment. Such as: Application for employment Hiring, firing, layoff Job assignments, promotions, demotions. Requires “reasonable accommodations” forapplicants and employees with a disability.Protectsconfidentiality of medical information. FSU’s ADA PolicyOP-C-7-I1 AMERICANS WITH DISABILITIES ACTThe Florida State University (University) is committed to apolicy ensuring that individuals with disabilities are notdiscriminated against and that they have equal opportunity andequal access to all the rights and privileges enjoyed by thosewho are not disabled. The Florida State University will complywith all applicable federal and state laws, regulations,ordinances, orders, and rules and will provide, upon request,reasonable accommodations to individuals with disabilities. Thispolicy and procedure does not intend to expand what isrequired by law, but to provide procedures for implementationof reasonable accommodation requests.10

University Authority Office of Equal Opportunity andCompliance (EOC)– ADA Coordinator: (850) 645-6519 Student Disability Resource Center (SDRC)– SDRC’s main line: (850) 644-9566Basic ADA RequirementsThe ADA requires an employer toreasonably accommodate qualifiedindividuals with disabilities, as long asmaking such an accommodation doesnot create an undue hardship or cause adirect threat to the health or safety ofthe requesting individual or others.Qualified IndividualA “qualified individual with a disability” is: a person who meets legitimate skill, experience,education, or other requirements of anemployment position that s/he holds or seeks,and can perform the “essential functions” of theposition with or without reasonableaccommodation.11

DisabilityThe ADA defines a “disability” as:1. A physical or mental impairment thatsubstantially limits one or more major lifeactivities, or2. The individual has a record of suchimpairment, or3. The individual is regarded as having such animpairment.Physical & Mental ImpairmentsPhysical/Mental Impairment that Substantially Limits aMajor Life ActivityPhysical or mental impairments ductiveDigestiveSkinAny mental or psychological disorder– Intellectual impairment– Organic brain syndrome– Emotional/mental illness– Learning disabilitiesWhat is Not a Disability?Impairments excluded from the ADA, include: Physical characteristic (hair color, left handedness)Height, weight, muscle tonePersonality characteristics (temper, poor judgment)Temporary non-chronic conditions (flu, broken limb)Gambling, pyromaniaSexual conditions (gender identity, bisexuality)Illegal use of drugsAdvanced ageObesityStress12

Duration of Time Long term and chronic conditions. Episodic and/or remission impairments. No specific duration required. Non-chronic impairments of shortduration with little residual affects usuallydo not qualify.Substantially LimitsMajor Life Activities Walking, speaking, hearing, standing, seeing,breathing, performing manual tasks, learning, caringfor oneself, sleeping, concentrating, thinking, eating,working, etc. Major bodily functions- Functions of the immune system, normal cellgrowth, digestive, bowel, bladder, neurological,brain, respiratory, circulatory, endocrine, andreproductive functions.Record of ImpairmentThe individual has a record of such impairment if: He or she does not currently have asubstantially limiting impairment but had onein the past. Some type of documentation ofthe impairment must exist. He or she was misdiagnosed or misclassifiedwith a disability.13

Regarded as Disabled Person regarded by an employer as havingan impairment that is not transitory (lastingless than 6 months) or minor. Not entitled to a reasonable accommodation,but may file a claim of disabilitydiscrimination.Who is Not Protected Underthe ADA? Individuals with temporary medicalconditions. Individuals currently engaging in the illegaluse of drugs. An alcoholic whose current use of alcoholinterferes with job performance. Any employee creating a direct threat to thesafety of themselves or others (regardless ofwhether or not they have a disability).Undue HardshipThe ADA requires an employer toreasonably accommodate qualifiedindividuals with disabilities, unlessmaking such an accommodation createsan undue hardship.14

Reasonable Accommodations Examples Job restructuringModified work scheduleAlteration of the work environmentAdjustments or modifications to employmenttests and training materials Providing qualified readers or interpreters Making existing facilities accessible to andusable by individuals with disabilities Transfer of the disabled individual to a vacantposition, if appropriateADA Key Points An applicant or employee must be aqualified individual with a disability. Employers must make a reasonableaccommodation. The requested accommodation cannotimpose undue hardship on the business.Disability nceCommunityAccessibleBe Patient15

Disability EtiquetteNegative phrasesAffirmative phrases Handicapped, lame,crippled or deformed CP victim Confined or restrictedto a wheelchair Dumb and mute Retarded, crazy or nuts Person with a disabilityPerson with cerebralpalsyPerson who uses awheelchairUnable to speak, usessynthetic speechPerson with apsychiatric disabilityCase StudyMarsha, a receptionist, was diagnosed with multiplesclerosis. Her physician advised her employer andprovided documentation to support the negativeimpact of heat to her condition. Marsha requested acovered shaded parking space as a reasonableaccommodation. Her employer denied her requestbecause the company’s policy is that covered parkingis reserved for the executive team.Did Marsha’s employer violate the ADA?Case StudyHarry is a full time stenographer for the JeffersonCounty Clerk of Courts. Last night, while at home,Harry fell and broke his arm. Harry has requested atemporary accommodation from his employer untilhis arm heals (6-8 weeks). The Clerk of Court deniedhis request.Did Harry’s employer violate the ADA?16