What Every Manager Should Know

What Every Manager Should Know!
Discrimination, Diversity and Employee Rights in

the Workplace
WORKBOOK
[YOUR COMPANY LOGO HERE]
JUST TRAINING SOLUTIONS, LLC

PO Box 949
Belchertown, MA 01007
Tel & Fax: (413) 323-0692
Web: www.justtrainingsolutions.com
What Every Supervisor Should Know!

Discrimination, Diversity and Employee Rights in the Workplace.
AGENDA
A.
PRE-TEST
B.
INTRODUTION
C.
EEO/AA/DIVERSITY
D.
EQUAL EMPLOYMENT OPPORTUNITY DISCRIMINATION PREVENTION
E.
HIRING AND PROMOTIONS
F.
MAINTAINING A HARASSMENT-FREE WORKPLACE
G.
PERFORMANCE MANAGEMENT v. EMPLOYEE RIGHTS
H.
PERFORMANCE DOCUMENTATION
I.
AFFIRMATIVE ACTION
J.
DIVERSITY
K.
TESTING OUR KNOWLEDGE OR DISCRIMINATION, DIVERSITY AND EMPLOYEE

RIGHTS
L.
PARTICIPATION FORM AND EVALUATION
Just Training Solutions, LLC. All rights reserved.
What Every Manager Needs To Know!

1.
If an employee tells you his repeated lateness is due to

treatment for a chronic illness, you should inquire
about the nature of the illness.
6.
TRUE, because what I do while off the job is my business.
TRUE, supervisors need to determine if the

employees reason is truthful.
FALSE, the companys policy may apply to off-premises

conduct under certain circumstances
FALSE, you should never dig or speculate if the

employees reason for poor performance is related to
a Legally Protected Right
2.
Under the employers Affirmative Action policy, if you

have a woman or minority candidate, you must hire
that person.
The Anti-Harassment Policy only applies to employees while

on the job.
7.
It is only sexual harassment when a man harasses a woman.

TRUE, because everyone knows women cannot harass men.
TRUE, because the employer wants a diverse

workforce.
FALSE, because a woman can harass a man and harassment

may even occur between people of the same sex.
FALSE, you should always hire and promote the

best qualified candidate for the job.
3.
4.
Supervisors who become aware of possible

harassment must promptly advise HR.
8.
TRUE, failure to promptly report any such incidents may

result in disciplinary action.
TRUE, because it is not unwelcome.
FALSE, supervisors are only obligated to report such

incidents if they cannot handle it themselves.
FALSE, it is still a violation of the employers AntiHarassment Policy.
The employer will only deal with serious violations of

its policies.
9.
TRUE, because the employer does not have the time

or the resources to deal with minor issues.
When you are dealing with an employee with a

performance problem, you should document
everything about the employees performance, no
matter how minor.
TRUE, I have to document everything because I could
be sued.
Whenever someone reasonably asks that my behavior or

discussion be stopped, I must immediately honor his or her
request.
TRUE, because it is consistent with the policy of mutual
respect in the workplace.
FALSE, any and all violations of the employers

policies will be handled appropriately.
5.
Its okay to forward an e-mail off-color joke to a co-worker you

know wont be offended because he or she sends them to you
all the time.
FALSE, I only have to stop after they report me to a

supervisor.
10.
Retaliation is prohibited unless it is deserved.

TRUE, the company cannot employee who file frivolous and
groundless complaints
FALSE, retaliation is strictly prohibited.
FALSE, I should only document the facts specifically

related to the performance problem.
What Every Manager Needs To Know!
Goals
1.
To understand employees rights and managers responsibilities

under both the law and VOCs policies.
2.
To develop skills and learn best practices for managing

employees under the law and in a manner consistent with
VOCs policies.
3.
To learn when to seek expert assistance.
4.
To learn how to implement a philosophy of Diversity

Management and create an inclusive and respectful work
environment.
Ground Rules
NO LEGAL ADVICE
NO LEGAL CONCLUSIONS
NO CURRANT, PAST OR PENDING SITUATIONS
NO DEBATING THE LAW
NO DEBATING THE POLICY
NO DISCRIMINATORY REMARKS
NO SELF-IDENTIFICATION OF PROTECTED TRAITS
NO BEEPERS, CELL PHONES OR PAGERS
MATERAILS OFFENSIVE? SORRY!
GREAT TO LAUGH! BUT REMEMBER TO TAKE SERIOUSLY
BEGIN MUTUAL RESPECT RIGHT HERE AND NOW!
EEO/AA/Diversity
Equal Employment Opportunity
o EEO is mandated by federal, state, and local governments (i.e., ITS THE
LAW!)
o Legal Mandate: DONT DISCRIMINATE ON THE BASIS OF A

PERSONS PROTECTED STATUS!
o Designed to remove artificial barriers to full participation in the workplace,

including hiring and promotion.
o Golden Rule:
BE CONSISTANT! Do not treat an employee or

applicant differently in any aspect or condition of employment based on a
persons protected status.
o DOCUMENT, DOCUMENT, DOCUMENT!
EEO opens the door to full participation in the workplace.
EEO/AA/Diversity
Affirmative Action
o Applies to all employers having contracts with the U.S government of
$50,000 or more and employing 50 or more employees.
o Requires Managers to make GOOD FAITH EFFORTS to recruit

minorities, women, individuals with disabilities, and veterans.
o Includes taking affirmative steps to utilize fair and equitable means to
recruit, hire, train, and promote qualified persons at all levels of the
organization, WITHOUT REGARD to a persons protected status (i.e.,
ALWAYS HIRE AND PROMOTE THE BEST QUAILIFIED PERSON FOR
THE JOB).
o Tool for Measuring EEO Progress
AA is a welcome invitation to minorities, women, and members of

protected groups to walk through the door and join the workforce.
EEO/AA/Diversity
Diversity
o Diversity is NOT A LEGAL MANDATE!
o DIVERSITY MANAGEMENT is a moral and economic philosophy based on
appreciating, understanding and respecting the many differences and
identities that define each employee.
o Recognizes that each individual is unique. The many identities that define
each employee include but are not limited to: age, education, socioeconomic
status, race, ethnicity, gender, nationality, language, religion, sexual
orientation, and physical and mental challenges.
o If employees, despite their differences and unique identities, feel respected,

appreciated, valued, and understood, they will be more productive, more
efficient, less likely to file complaints, and less likely to file lawsuits.
o The goal of Diversity Management is to attract, develop, and retain people

with mixed talents, experiences, and perspectives, and then EMPOWER
them to give everything theyve got.
EEO opens the door to minorities and women, AA is a welcome invitation

to come through the door, and DIVERSITY allows everyone, once they
have entered the workplace, to sit together at the table, creating an
inclusive work environment where each employee can contribute to his or
her maximum potential.
EEO Discrimination Prevention
Its Time to Play FAMILY FEUD!

1.
Name the Groups Protected Under Federal EEO

Laws
And the Survey Says!

1.
5.
2.
6.
3.
7.
4.
8.
2.
Name Additional Groups Protected Under

[Massachusetts] EEO Laws & [Your Companys]
Policies
And the Survey Says!

1.
5.
2.
6.
3.
7.
4.
8.

What does Protected mean?
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
What is Discrimination?
Making any personnel decision based on race, color, religion, national origin, sex,
sexual orientation, ancestry, disability, veteran status or any other protected category
under federal, state or local law. Discrimination may arise with respect to any
decision related to
Hiring
Termination
Promotion
Retaliation
Pay
Invitation to Employer Sponsored

Social Functions
Training Opportunities
Job Assignments
Any Term or Condition of

Employment
Performance Evaluations
How Do Complaints of Discrimination Arise?

Ask yourself the following questions:
YES
1.
Am I in a protected group?
2.
Has a bad thing happened to me at work?
3.
Did someone else, not in my protected group, get

treated better?
4.
Is there an inference of discrimination

Total:
NO
Discrimination Complaint
FYI:
1. An inference of discrimination can arise from
the slightest scintilla of conduct that is
perceived or construed as discriminatory.
2. In the areas of discrimination and
harassment, the intentions of the alleged
wrongdoer dont count! Must look at the
situation from the perspective of the person
receiving the message or experiencing the
conduct.
The Only Defense That Matters:
Do I Have A
__________
__________
__________
For My Action?
NOTES:
______________________________________________________________
______________________________________________________________
10
Two Types of Discrimination Claims:

Disparate Treatment:
Disparate Impact:
For example:
If a company located in the suburbs refused to hire anyone who lived in
the inner city because nearby mass transit stopped running at 8:00 pm
and the company needed employees to stay late to work overtime and
report on time for work on the third shift.
Would the companys policy adversely impact any particular protected
groups more than others?
11
Top 5 Rules to Manage By:

1.
Be ____________________________________________
2.
Be ____________________________________________
3.
Be ____________________________________________
_______________________________________________
4.
Focus _________________________________________
_______________________________________________
5.
Follow _________________________________________
_______________________________________________
NOTES:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
12
Conduct Traffic Light
Green: Safe and Respectful Conduct and Behavior.

Good Communication. Conduct consistent with
Company Policies.
Yellow: Risky Conduct and Behavior.
Red:
Unsafe and Disrespectful Conduct. Unclear or

Poor Communication. Conduct contrary to or
inconsistent with Company Policies.
13
Hiring & Promotion Discrimination Prevention
YOURE HIRED
Role-play Group Discussion
1.
What should the interviewer NOT have said? Why?
2.
Was there a better way to ask about the applicants ability to perform the job
requirements? If so, how?
3.
What should the interviewer do about the internal candidate?
14
Staying Out of the RED - The Interview Response
Thats ________________________________________
Or
Im __________________________________________
We____________________________________________
____________________________________________
___________________________________________
NOTES:
______________________________________________________________
______________________________________________________________
______________________________________________________________
15
Interviewing in the Green

The [Your Company] Shuffle
This _________________________________________
Can _________________________________________
Ask __________________________________________.
Remember the Most Important Math Lesson You Learned in School!
NOTES:
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________________________
16
Interviewing Checklist
1.
Review Job Description

Physical Skills: Lifting, Bending, Pulling, Driving
Technical Skills: Computer skills, Industry knowledge
Behavioral Skills: Communication skills, Leadership abilities, Sales
experience
2.
Develop Legal Questions Based on the Job Description

Physical Skills: ___________________________________
_______________________________________________
Technical Skills: __________________________________
_______________________________________________
Behavioral Skills: _________________________________
_______________________________________________
3.
Review Job Applicants RESUME, and/or JOB APPLICATION
17
How to Support Your Hiring and Promotion Decisions

Eliminate Stereotypes, Buzzwords and Inferences- Keep it in the Green!
1.
We cant hire him, he has a heavy foreign accent.

Light: RED.
Legitimate Business Reason for not Hiring: Poor communication skills. Job was for
a bank teller, dispatcher, or receptionist position, which requires good
communication skills.
A Better way to Say/Write It: I asked him four times, What are your salary
requirements? And each time he responded, Do I eat celery.
2.
We cant hire him because he is disabled.

Light:
Legitimate Business Reason for not Hiring:
A Better way to Say/Write It:

3.
If it wasnt for her pregnancy, we would promote her to the directors position to
initiate the new project.
Light:

4.
We cant hire a woman. Women dont want to do this kind of work.

Light:
18
Important:
When reviewing a job applicants Resume or Job Application,

dont make marks, notes or place a post-it that may indicate
an inference of discrimination.
For example:
Dont circle dates of an applicants degrees or
certificates. Could be construed as an inference of
discrimination based on __________.
Dont put a check mark next to applicants military
service. Could be construed as an inference of
discrimination based on ________________________.
Dont place a post-it note on job application that states
pregnant. Could be construed as an inference of
discrimination based on _____________________.
Be careful when addressing gaps in employment history.

Gaps may be related to being in a protected group. For
example, a gap in employment history may be related to
disability, pregnancy, or military service. Remember: If an
applicants answer gets you in the RED, recite, The Interview
Response.
EEO Laws also prohibit discrimination against an applicant or

an employee based on their association with someone in a
protected group. For example, it would be unlawful to refuse
to hire or promote someone because his/her:
Spouse or partner is a particular race, color, national
origin or ancestry
Spouse, partner, or child is disabled
Spouse or partner is pregnant
Spouse or partner is a veteran
Spouse or partner belongs to a certain religious group.
19
The Harassment-Free Workplace
HARASSMENT TREASURE HUNT

1.
Who is protected under the Policy?
2.
What are the consequences for violating the

Policy?
3.
Give three (3) examples of sexually harassing

conduct?
4.
What does the policy provide for retaliation?
5.
Who can an employee complain to under the

Policy?
6.
What will VOC do once a complaint is filed?
7.
What does the Policy provide with respect to

confidentiality?
20
SEXUAL HARASSMENT POLICY OF

[YOUR COMPANY]
I.
INTRODUCTION
It is the goal of ______________________________ is to promote a workplace
that is free of sexual harassment. Sexual harassment of employees occurring in
the workplace or in other settings in which employees may find themselves in
connection with their employment is unlawful and will not be tolerated by this
organization. Further, any retaliation against an individual who has complained
about sexual harassment or retaliation against individuals for cooperating with an
investigation of a sexual harassment complaint is similarly unlawful and will not
be tolerated. To achieve our goal of providing a workplace free from sexual
harassment the conduct that is described in this policy will not be tolerated and we
have provided a procedure by which inappropriate conduct will be dealt with, if
encountered by employees.
Because _______________________________ takes allegations of sexual
harassment seriously, we will respond promptly to complaints of sexual
harassment. Where it is determined that such inappropriate conduct has occurred,
we will act promptly to eliminate the conduct and impose such corrective action
as is necessary, including disciplinary action where appropriate.
Please note that while this policy sets forth our goals of promoting a workplace
that is free of sexual harassment, the policy is not designed or intended to limit
our authority, to discipline, or take remedial action for workplace conduct which
we deem unacceptable. Regardless of whether that conduct satisfies the definition
of sexual harassment.
II.
Definition of Sexual Harassment

In Massachusetts, the legal definition for sexual harassment is this:
"sexual harassment" means sexual advances, requests for sexual favors,
and verbal or physical conduct of a sexual nature when:
(a) submission to or rejection of such advances, requests or conduct is
made either explicitly or implicitly a term or condition of employment
or as a basis for employment or as a basis for employment decisions;
or,
(b) such advances, requests or conduct have the purpose or effect of
unreasonably interfering with an individuals work performance by
21
creating an intimidating, hostile, humiliating or sexually offensive

work environment.
Under these definitions, direct or implied requests by a supervisor for sexual
favors in exchange for, actual or promised job benefits such as favorable reviews,
salary increases, promotions, increased benefits, or continued employment
constitutes sexual harassment.
The legal definition of sexual harassment is broad. In addition to the above
examples, other sexually oriented conduct, whether it is intended or not, that is
unwelcome and has the effect of creating a workplace environment that is hostile,
offensive, intimidating, or humiliating to male or female workers may also
constitute sexual harassment.
While it is not possible to list all those additional circumstances that may
constitute sexual harassment, the following are some examples of conduct which
if unwelcome, may constitute sexual harassment depending upon the totality of
the circumstances including the severity of the conduct and its pervasiveness:
o
Unwelcome sexual advances-whether they involve physical touching

or not;
Sexual epithets, jokes, written or oral references to sexual conduct,

gossip regarding ones sex life; comment on an individuals body,
comment about an individuals sexual activity, deficiencies, or
prowess;
Displaying sexual suggestive objects, pictures, cartoons;
Unwelcome leering, whistling, brushing against the body, sexual

gestures, suggestive or insulting comments;
Inquires into ones sexual experiences; and,
Discussion of ones sexual activities.
All employees should take special note that, as stated above, retaliation against an
individual who has complained about sexual harassment, and retaliation against
individuals for cooperating with an investigation of a sexual harassment
complaint is unlawful and will not be tolerated by this organization.
22
III.
COMPLAINTS OF SEXUAL HARASSMENT

If any of our employees believes that he or she has been subjected to sexual
harassment, either directly or in their presence and whether committed by Agency
Staff, Clients, Vendors or others involved in agency programs, the employee has
the right to file a complaint with our organization. This may be done in writing or
orally.
If you would like to file a complaint you may do so by contacting either the
Personnel Office or the Affirmative Action Officer at the Main Office. These
persons are also available to discuss any concerns you may have and to provide
information to you about our policy on sexual harassment and our complaint
process. If the employee does not believe the situation has been satisfactorily
resolved, the employee should bring his complaint to the Executive Director at the
Main Office (---.---.----).
IV.
SEXUAL HARASSMENT INVESTIGATION

When we receive the complaint we will promptly investigate the allegation in a
fair and expeditious manner. The investigation will be conducted in such a way as
to maintain confidentiality to the extent practicable under the circumstances. Our
investigation will include a private interview with the person filing the complaint
and with witnesses. We will also interview the person alleged to have committed
sexual harassment. When we have completed our investigation, we will, to the
extent appropriate, inform the person filing the complaint and the person alleged
to have committed the conduct of the results of that investigation.
If it is determined that inappropriate conduct has occurred, we will act promptly
to eliminate the offending disciplinary action. The confidentiality and privacy of
our employees and those involved will be respected during the investigation.
If it is determined that inappropriate conduct has been committed by one of our
employees, we will take such action as is appropriate under the circumstances.
Such action may range from counseling to termination from employment, and
may include such other forms of disciplinary action as we deem appropriate under
the circumstances.
23
V.
STATE AND FEDERAL REMEDIES

In addition to the above, if you believe you have been subjected to sexual
harassment, you may file a formal complaint with either or both of the
government agencies set forth below up to 300 days. Using our complaint
process does not prohibit you from filing a complaint with the following
agencies:
1. The United States Equal Opportunity Commission ("EEOC")
1 Congress Street-10th Floor
Boston, MA 02114
617.565.3200
2. The Massachusetts Commission Against Discrimination ("MCAD")
Boston Office:
One Ashburton Pl., Room 601
Boston, MA 02108
617.994-6000
Springfield Office: 424 Dwight St., Room 220
Springfield, MA 01103
413.739.2145
24
Quid Pro Quo

________
FOR
|
|
|
|
|
|
|
||
_________
Sexual conduct by a manager or supervisor

o Visual,
o Verbal, or
o Physical
Unwelcome from the perspective of subordinate
Explicitly or implicitly made a term or condition of
employment or as a basis for employment decision
Employee submits to the request or suffers a tangible job
detriment.
Quid Pro Quo Sexual Harassment Is Always In The RED!
25
Hostile Work Environment

Conduct related to a protected group (not just sex!)
o Verbal
o Physical
o Visual
Unwelcome
Materially or substantially affects work environment
IMPORTANT: Maintain a Professional Relationship

with Employees!
[Your Company Name] is committed to providing an enjoyable and
professional working environment for every employee. To accomplish
this, we make every effort to ensure the workplace is free of any form
of harassment; and, all employment decisions are based on merit
and sound business decisions, and not on factors such as favoritism or
romantic relationships.
For these reasons, mangers and supervisors should
a. Maintain professional an businesslike relations with employees
at all times; and,
b. Refrain from entering into a romantic or sexual relationship with
anyone who you supervise either directly or indirectly.
Inappropriate personal or romantic relationships involving managers
and employees can result in allegations of sexual harassment and
opportunities for conflicts of interest.
26
DANGER ZONES!
Need to Slow Down and Exercise Caution - You
May Be in the RED!
1.
Comments on personal appearance

2.
Work-related off-premises conduct

3.
Cartoons, posters, pictures,

apparel, T-shirts
4.
7.
8.
9.
10.
E-mail, Internet
5.
Touching
6.
Stereotypes
Dating/initiating
personal relationships
Nicknames
Retaliating
Jokes about sex, race, color, religion, ethnicity,

disability, age, national origin, sexual
orientation, or any other protected category.
27
JUST BETWEEN YOU AND ME

Group Discussion
1.
Should the manager honor the request to keep the complaint confidential?
2.
How should the manager respond? What should be the managers next
steps?
3.
What do you think would be a prompt, effective resolution of this matter?
28
A Manager is ON NOTICE when he or she:

See _________________________.
Hear _________________________.
Hear _________________________.
What is PROMPT, EFFECTIVE ACTION?

PROMPT: ___________________________________
EFFECTIVE: _________________________________
ACTION: ____________________________________
NOTES:
______________________________________________________________
______________________________________________________________
______________________________________________________________
29
Staying In the GREEN - Harassment Work Script
Thank _______________________________________.
We _________________________________________.
Someone ____________________________________.
Then Manager Calls ____________________________.
NOTES:
______________________________________________________________
______________________________________________________________
______________________________________________________________
30
RESPONSIBILITIES OF MANAGERS
AND SUPERVISORS
1. You must take prompt, effective action to eliminate harassment of
any type, including sexual harassment.
2. You cannot tolerate any harassing conduct observed or reported by
others, including employees, customers, vendors, co-workers, or
anyone in the workplace.
3. You must address any harassing behavior regardless of how you
learn of it, and you must report it to HR!
4. Walk the Walk and Talk the Talk. You must govern your own
behavior. You act on behalf of the employer so you must act in
accordance with company policies all the time.
5. Lead By Example! Dont convey the wrong idea. If supervisors
and managers act in a harassing manner or allow employees to
engage in offensive conduct, it sends a message that the employer
tolerates this type of conduct, which may be illegal.
NOTES:
______________________________________________________________
______________________________________________________________
______________________________________________________________
31
Performance Management & Documentation
SUCCESSFULLY NAVIGATING PERFOMANCE

MANAGEMENT
When an employee violates Company rules or policies, or is not

performing adequately, you have to be careful of Sharks!
Sharks have a heightened sensitive for detecting blood. And

what color is blood? RED! So, when dealing with an employee
that has a work performance problem, you must stay out of the
RED!
32
Follow the 5-STEP MODEL to stay out of the RED when dealing
with employee experiencing performance problems.
First - Identify the Problem.
Ask yourself:
What is x ? (i.e., What is it that the employee should be doing,

but not doing?)
What is my legitimate business reason for caring if the employee is
engaging in this type of problem? Legitimate Business Reason =
impacting performance.
Second Engage in dialogue with employee.

Third Identity potential legal rights of employee to engage in the
conduct.
Family and Medical Leave Act (FMLA)
Americans with Disabilities Act (ADA)
Religious Accommodation
Fourth Identify your responsibilities as a manager for

addressing the performance problem.
Fifth Document Carefully!
Focus only on the specific performance problem at issue.
Do not engage in performance documentation if employees work
problems are related to a Legally Protected Right! If you write-up an
employee for a work performance problem that is related to a Legally
Protected Right, you are in the RED, and you will be eaten by
SHARKS!
33

1.
Problem UNRELATED to Legally Protected Rights

Pat is frequently late because her alarm clock is
broken, she misses her bus, or her car wont
start.
Performance Impact?
(i.e., Legitimate Business Reason
for caring)
Yes
No
Engage in Dialogue with

Employee?
Yes
No
Leally Protected Right?
Yes
No
Managers Responsibilities?
Call ____
Performance Management
Interactive Dialogue for Staying Out of the RED when Managing

Problems UNRELATED to Legally Protected Rights
This __________________________________________________.
You ___________________________________________________.
How __________________________________________________
_______________________________________________________.
Resources Available To Manager: _____________________________________________
What is the Manager Going to Document: _____________________________________
_____________________________________________________________________________
34
FAMILY AND MEDICAL LEAVE ACT OF 1993 (FLMA)

Essential Points:
1.
Leave must be EARNED. Only available to employees having worked 12

months and 1,250 hours. If employee is eligible for FMLA, he or she is
entitled to Reinstatement Without Loss Of Benefits.
2.
Protects EMPLOYEE and his/her FAMILY. Family for FMLA purposes means
Employee,
Employees spouse,
Employees children, and
Employees parents.
3.
Allows Employee to take Leave for Serious Medical Conditions, Plus Birth,
Adoption and Foster Care
Serious Medical Condition: 3 consecutive calendar days plus
treatment by a healthcare provider.
4.
Eligible employee entitled to a maximum of 12 weeks in a 12 month period.
5.
Leave may be taken in one large block (all 12 weeks at one time) or in
smaller increments (monthly, weekly, daily, or hourly).
6.
FMLA leave is UNPAID, but it may be taken in connection with other benefits
provided by company (e.g., sick leave, vacation, personal time).
NOTES:
______________________________________________________________
______________________________________________________________
______________________________________________________________
35

2.
FMLA Problem
Lee is frequently late. She tells you she is taking
her son to physical therapy.
Performance Impact?
for caring)
Yes
No

Employee?
Yes
No
Yes
No
Call ____

FMLA Problem
This __________________________________________________.
You ___________________________________________________.
How __________________________________________________
_______________________________________________________.
_____________________________________________________________________________
36
AMERICANS WITH DISABILITIES ACT (ADA)

Essential Points:
1.
Unlike FMLA, does not have to be earned. All applicants and employees may
be covered.
2.
Applies to all individuals with a DISABILITY, which means the person suffers
from a substantial impairment that affects a major life activity
3.
Individuals must also be qualified to perform the ESSENTIAL FUNCTIONS

OF THE JOB. When determining what are the essential functions of the job,
ask yourself, What is x ?
4.
If a Disabled person is capable of performing the essential functions of the job

with or without reasonable accommodations, you must engage in an
INTERACTIVE DIALOGUE and provide Reasonable Accommodations.
Reasonable Accommodations typical mean modifications to:
5.
Only two exceptions to obligation to provide a reasonable accommodation:
6.
The work environment; or

The work schedule.
Direct Threat
Undue Hardship
ADA protects employees from Discrimination, Retaliation, and Harassment.
NOTES:____________________________________________________________
___________________________________________________________________
___________________________________________________________________
37

3.
ADA Problem
Dana is frequently late. When you focus on his
performance, he tells you that his chronic
depression makes it impossible for him to get out
of bed in the morning in to get to work in a timely
manner.
Performance Impact?
for caring)
Yes
No

Employee?
Yes
No
Yes
No
Call ____
Interactive Dialogue for Staying Out of the RED when Managing ADA
Problem
This __________________________________________________.
You ___________________________________________________.
How __________________________________________________
_______________________________________________________.
_____________________________________________________________________________
38
RELIGION
Essential Points:
1.
Employers are required to make a Reasonable Accommodation to the

religious needs of employees.
2.
Exception: Unless the exception would create an undue hardship on the

employers business.
3.
Applies to all religious practices and beliefs sincerely held.
4.
Atheists are protected if beliefs are sincerely held.
NOTES:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
39

3.
Religion Problem
Chris looks at his new work schedule and sees
that he is assigned to work Saturdays. He tells
his manager that his religion prevents him from
working Saturdays.
Performance Impact?
for caring)
Yes
No

Employee?
Yes
No
Yes
No
Call ____

Religious Accommodation Problem
This __________________________________________________.
You ___________________________________________________.
How __________________________________________________
_______________________________________________________.
______________________________________________________________________________
40
Can you determine what is an FMLA/ADA issue?

Put the blocks into the appropriate box below.
1.
Paralyzed
14.
Grandparent
has Arthritis
11.
Diabetes
10.
Chronic
Migraines
13.
Alcoholic
and Drug
Addict
9.
Adoption
4.
Flu for 5
days
6.
Prostate
Cancer
16.
Morning
Sickness
12.
Heart
Attack
LEGALLY PROTECTED
RIGHT
(FMLA/ADA)
15.
Upset
Stomach
5.
Sore
Throat
7.
Chronic
Depression
8.
Pneumonia
3.
Mother
Needs
Dialysis
2.
Broken
leg.
PERFORMANCE
MANAGEMENT
(No Legally Protected Rights)
1. Paralyzed
41

3.
Any Performance Problem - Template
Performance Impact?
for caring)
Yes
No

Employee?
Yes
No
Yes
No
Call ____
Interactive Dialogue for Staying Out of the RED
This __________________________________________________.
You ___________________________________________________.
How __________________________________________________
_______________________________________________________.
______________________________________________________________________________
42
Top Ten Rules to Navigate Employee Rights

In the Workplace
T______________________________________
10.
Always start with
9.
Dont S_______________________________________________
8.
Dont D_______________________________________________
7.
Dont D_______________________________________________
6.
Keep It C______________________________________________
5.
Focus on P____________________________________________
4.
Be C__________________________________________________
3.
Engage in an I__________________________________________
2.
Dont forget to D_________________________________________
1.
Call __________________.
43
The Manager on Trial

Role-play Group Discussion
1.
What was in the documents that should not have been? Why?
2.
What was not in the documents that should have been?
3.
What seemed inconsistent or unfair?
44
FOSA
Facts that define a problem.
o
Describe the problem
Include name, dates, times
o
o
Identify the standard, expectation or work rule not being met

(i.e., This Job Requires x )
Prior related incidents (e.g., warnings, corrective action)
Objectives that explain to the employee the problem.

o
Tell the employee what you want the employee to do
Identify the skills and areas of improvement needed
State the results expected for improved performance
Solutions to help the employee meet the objectives.

o
Includes expected timeframes
Describe specific suggestions by employee for improving performance
Describe specific suggestions by manager for improving performance
Actions you will have to take if the problem is not resolved.

o
Identify actions agreed to by supervisor and employee
Indicate immediate and long-term steps
Clearly state consequences if performance expectations are not met (e.g., Failure to
comply with the work rule will result in further disciplinary action up to and including
termination.)
45
Avoid Documenting:
o Your personal impressions and opinions
o General comments like poor performer or frequently late
o Medical information
o Information or speculation about employees personal life
o Comments reflecting stereotyped ideas about employees race,
gender, age, etc. (e.g., Not working as well as his younger
colleagues)
When dealing with a Performance Management problem, the

first thing you should always ask yourself is:
This Job Requires x .
46

CONSTRUCTIVE COUNSELING NOTICE
Employees Name:
Pat Jones ______________
Social Security # 111-11-1111
Department: ___Transportation______________
Date: ___July 24, 2003______
Type of Constructive Counseling (check one):

_____ Coaching
___x__ Warning
_______ Suspension
_______ Termination
Describe the nature and dates of the unsatisfactory performance or conduct (be specific):
On July 1, 2003, Pat was scheduled to start work at 7:00 am. He arrived at work at 7:35 am and
did not call-in beforehand to report he was going to be late. At his orientation on January 2, 2003,
Pat was informed of the importance of being on time and using the appropriate call-in procedure to
report tardiness. In addition, on June 1, 2003, he was issued an oral warning for not showing up
on-time and not using the correct call-in procedure.
Describe in specific detail the level of performance or conduct that you consider satisfactory.
Pat must report to work on-time and call-in if going to be late.
State the timeframe in which you expect the employee to achieve satisfactory performance or
conduct:
Immediately.
Identify the specific action or actions that may occur next if the employee does not demonstrate
and maintain satisfactory performance or conduct.
Any further incidents involving tardiness may result in further disciplinary action including
termination.
_____________________________________________
Managers Signature
_________________________
Date
Employee Acknowledgement
Employee Comments:
_________________________________________
Employees Signature
________________________
Date
The employees signature does not necessarily indicate agreement with the content of this Notice, but does
acknowledge receipt of the form and content of Employee Comments. An employees decision not to sign
this form should be noted on the Employee signature line, followed by the initials of the witness.
47
Drafting a Constructive Counseling Notice

Group Exercise:
After reading the following summary, determine what you will document.
Lee is a competent and hard-working employee who is never late or
tardy and performs her job well. But, several co-workers have
recently complained that Lee is not a team player. She is rude and
abrasive when they ask for help and she will not assist them with
anything unless she is directed to do so by a manager. Two weeks
ago, Jamie Smith stated that he will no longer work with Lee anymore
because she called him a moron when he asked her a question.
Jamie also stated that he and other employees believe Lee is an
alcoholic and has fallen off the wagon. During your meeting with
Lee regarding these allegations, she adamantly denied she has an
attitude problem and she believed that her co-workers, particularly
John, are all out to make her look bad because she does better work.
After completing your investigation, you have determined that
sufficient credible evidence exists to substantiate Johns allegations
about Lees conduct.
F acts: ______________________________________________________
O bjectives: __________________________________________________
S olutions: ___________________________________________________
A ctions: _____________________________________________________
Helpful Hint: The first thing you should ask yourself: This job requires ___
48
Diversity Management
WHAT DIVERSITY IS:

Diversity refers to the ways people differ from each other. These ways are
significant and numerous:
Culturally, we vary in:
Gender
Age
Ethnicity
Race
Sexual Orientation
Educational Background
Religion
Physical/Mental Ability
Military/Veteran Status
Lifestyle
Immigrant Status
Language
Functionally, we vary in the ways we:
Think
Learn
Process Information
Respond To Authority
Show Respect
Reach Agreements
Historically, we vary in
Family Make-up
Perspective
Political Outlook
Intergroup Relationships
49
WHY DIVERISTY MATTERS:

Work With Changing Demographics
Prevent High Turnover Of Talented Employees
Avoid Costs Of Litigation And Out-Of-Court Settlements
Improve Service By Capitalizing On Employees Capabilities And
perspectives
Enhance Managerial Skills
Improve Ability To Attract And Retain The Best Talent Available
Improve Morale And Enhance Performance
Discover New Market Niches
50
Diversity In Our Community
Languages Spoken In Massachusetts

Afrikaans
Czech
Hungarian
Macedonian
Russian
Turkish
Albanian
Dutch
Ibo
Malay
Siswati
Ukrainian
Amharic
Farsi
Icelandic
Mandarin
Slovene
Urdu
Arabic
Finnish
Indian
Nepali
Somali
Vietnamese
Breton
Flemish
Irish/Gaelic
Niger-Cong.
Spanish
Yoruba
Bulgarian
French
Italian
Norwegian
Swahili
Armenian
German
Japanese
Patois
Swedish
Bengali
Greek
Javanese
Persian
Slovak
Burmese
Guarani
Koran
Philipino
Tamal
Chinese
Hausa
Khmer
Polish
Thai
Creole
Hebrew
Lao
Portuguese
Taiwanese
Crioulo
Hindi
Latvian
Pushtu
Tibetan
Danish
Hmong
Lithuanian
Romanian
Tigre
Cape
Verdean
French
African
Jamaican
Creole
Pidgin
English
SerboCroat
Sign
Language
Bahasa
Indonesian
51
Diversity in Our Organization
DIVERSITY BINGO
(1)
(2)
(3)
(4)
First one to get five signed boxes in a straight column, row, or diagonal wins!
You may sign a box on another persons card in a category you belong to.
You may only sign another persons card ________.
You do not have to admit that you belong to any category.
A person over
60 years of
age
A person born
and raised on
a farm
A person with
a southern
accent
A person who
speaks more
than one
language
A person who
is differently
abled
A person of
Arab Heritage
A person who
is a
naturalized
citizen
A person of
Hispano-Latin
American
heritage
A woman
A person who
is left handed
A person who
is a veteran
A person with
red hair
An inhabitant
of planet earth
A person who
has received
welfare
A person with
black African
ancestry
A man
A person with
North
American
Indian
Heritage
A person who
graduated
from high
school
A single
parent
A person who
is over six feet
tall
A person who
is a
grandparent
A person who
is a vegetarian
A person of
Asian
Heritage
A person who
is Jewish
A person who
is gay or
lesbian
52
DIVERSITY MANAGEMENT
OPERATING PHILOSOPHY
A company utilizing diversity management differs from most
companies in what is expected from employees and managers. To
illustrate:
EMPOLYEES ROLE
Typical Operating
Philosophy
Philosophy
Permission to be right
Somber
Be hidden
Trained
Unimaginative
Quiet
Follower
A commodity
Permission to be wrong
Wit Humor
Public, Posted
Educated
Creative
Communicative
Leader
A vital problem Solver
MANAGERS ROLE
Typical Operating
Philosophy
Philosophy
Hold Power
Authority
Avoid or Assign Blame
Obstacle to Change
Problem Solver
Dictator
Empower
Role Model
No excuses, No Blame
Remove Barriers
Facilitator
Coach
53
WAYS TO VALUE DIVERSITY
Be Aware. Broaden your general knowledge of groups and

cultures.
Include Others. Have a variety of people involved in all

groups and activities.
Never Assume! Ask questions; listen carefully; check

understanding.
Give respect. Treat all people fairly, honestly, and with

positive regard.
Openly communicate. Share information, expectations and

unwritten rules with everyone.
54

What Every Manager Should Know

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What Every Manager Should Know!

Discrimination, Diversity and Employee Rights in

JUST TRAINING SOLUTIONS, LLC

What Every Supervisor Should Know!

EQUAL EMPLOYMENT OPPORTUNITY DISCRIMINATION PREVENTION

HIRING AND PROMOTIONS

MAINTAINING A HARASSMENT-FREE WORKPLACE

PERFORMANCE MANAGEMENT v. EMPLOYEE RIGHTS

TESTING OUR KNOWLEDGE OR DISCRIMINATION, DIVERSITY AND EMPLOYEE

PARTICIPATION FORM AND EVALUATION

Just Training Solutions, LLC. All rights reserved.

What Every Manager Needs To Know!

If an employee tells you his repeated lateness is due to

TRUE, because what I do while off the job is my business.

TRUE, supervisors need to determine if the

FALSE, the companys policy may apply to off-premises

FALSE, you should never dig or speculate if the

Under the employers Affirmative Action policy, if you

The Anti-Harassment Policy only applies to employees while

It is only sexual harassment when a man harasses a woman.

TRUE, because the employer wants a diverse

FALSE, because a woman can harass a man and harassment

FALSE, you should always hire and promote the

Supervisors who become aware of possible

TRUE, failure to promptly report any such incidents may

TRUE, because it is not unwelcome.

FALSE, supervisors are only obligated to report such

FALSE, it is still a violation of the employers AntiHarassment Policy.

The employer will only deal with serious violations of

TRUE, because the employer does not have the time

When you are dealing with an employee with a

Whenever someone reasonably asks that my behavior or

FALSE, any and all violations of the employers

Its okay to forward an e-mail off-color joke to a co-worker you

FALSE, I only have to stop after they report me to a

Retaliation is prohibited unless it is deserved.

FALSE, I should only document the facts specifically

Just Training Solutions, LLC. All rights reserved.

What Every Manager Needs To Know!

To understand employees rights and managers responsibilities

To develop skills and learn best practices for managing

To learn when to seek expert assistance.

To learn how to implement a philosophy of Diversity

GREAT TO LAUGH! BUT REMEMBER TO TAKE SERIOUSLY

BEGIN MUTUAL RESPECT RIGHT HERE AND NOW!

Just Training Solutions, LLC. All rights reserved.

o Legal Mandate: DONT DISCRIMINATE ON THE BASIS OF A

o Designed to remove artificial barriers to full participation in the workplace,

BE CONSISTANT! Do not treat an employee or

o DOCUMENT, DOCUMENT, DOCUMENT!

EEO opens the door to full participation in the workplace.

Just Training Solutions, LLC. All rights reserved.

o Requires Managers to make GOOD FAITH EFFORTS to recruit

o Includes taking affirmative steps to utilize fair and equitable means to

o Tool for Measuring EEO Progress

AA is a welcome invitation to minorities, women, and members of

Just Training Solutions, LLC. All rights reserved.

o If employees, despite their differences and unique identities, feel respected,

o The goal of Diversity Management is to attract, develop, and retain people

EEO opens the door to minorities and women, AA is a welcome invitation

Just Training Solutions, LLC. All rights reserved.

EEO Discrimination Prevention

Its Time to Play FAMILY FEUD!

Name the Groups Protected Under Federal EEO