HARASSMENT

Supervisory Training
2014

Objectives
Understand Role of the Office of Civil Rights and Diversity

Peace Corps Policies

No Fear Act
Reasonable Accommodations
Advisory and Consultation
Training

Objectives Continued
Learn Roles and Responsibilities of Supervisors as it
relates to:
Workplace discrimination and harassment
EEO Complaint Process
Alternative Dispute Resolution (ADR)

Peace Corps Policies

Title VII, other Statutes, and Executive Orders
National Origin

Color

Race

Sex (including
sexual harassment

Parental
Status

Genetic
Information

Religion

Age (40+)
Sexual
Orientation

Reprisal

Disability
Political
Affiliation

Gender Identity
Union
Affiliation

Prohibits discrimination toward federal employees concerning the

terms and conditions of employment
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Reprisal
All of these laws protect employees from reprisal
for exercising their rights:
Filing an EEO Complaint
Requesting Reasonable Accommodations
Participating in the EEO Process as a Witness
or a Complainant
Raising issues or concerns to their
Supervisor/Manager or Office of Inspector
General

No Fear Act
The Notification and Federal Employee
Antidiscrimination (No Fear) Act
The Act requires Federal agencies to:
Post information on its public website relating
to complaints of discrimination and annually
report to Congress
Train employees
Use agency funds to pay for penalties for
violations of discrimination or whistleblower
laws

No FEAR Act
Data for Employees
and Employee Applicants

Complaint Activity
By Fiscal Year

Comparative Data Previous Fiscal Year

Data
2013

2012

2011

2010

2009

Number of Complaints filled 1614.704(a)

Total Final Agency Actions Finding Discrimination

Prohibits discrimination in employment on

Prohibits
discrimination
in employment
on the basis
disability,
the basis
of disability,
physical
orofmental,
physical or mental, and requires accommodations for people with
and requires accommodations for people
disabilities.
with disabilities.

Disability
ADAAA (2008) defines/interprets disability
very broadly.
Definition: a physical or mental impairment that substantially
limits one or more major life activity, a history or record of
such an impairment, or being regarded as having such an
impairment, and the impairment is not a transitory one (lasting
or expecting to last six months or less).

Major Life Activities

Caring for oneself
performing manual tasks
seeing
hearing
eating
Sleeping
walking
standing
lifting
bending
speaking
breathing

learning
reading
concentrating
thinking
communicating
sitting
reaching
interacting with others
and working
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Examples of Disabilities
Spinal cord injuries
Loss of limbs
Multiple Sclerosis
Muscular Dystrophy
Cerebral Palsy
Hearing impairments
Visual impairments
Speech impairments
Specific learning disabilities
Head injuries
Psychiatric disorders
Diabetes
Cancer
AIDS
Intellectual Disability
Epilepsy (Episodic)

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Qualified Individual with a Disability

Meets the skills and experience, education, and other job
requirements
Can perform the essential functions of the position with or
without reasonable accommodations

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Reasonable Accommodations
Any change in the work environment or in the way things are
customarily done that enables an individual with a disability to
enjoy equal employment opportunities.
modifications or adjustments to a job application process
modifications or adjustments to the work environment
modifications or adjustments that enable a covered entity's employee with a disability to enjoy
equal benefits and privileges of employment as are enjoyed by its other similarly situated
employees without disabilities.
All employees with a disability are guaranteed reasonable accommodation under federal law
http://www.eeoc.gov/policy/docs/accommodation.html

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Assistive Technology Devices

CAP Program
Computer Electronic Accommodation Program
Provides assistive technology and services to
people with disabilities.
http://www.tricare.mil/cap/index.cfm
Hard of Hearing - Assistive listening devices
Low Vision Magnifier/reader programs
Blind Provides output of computer screen
Dexterity Alternative keyboards
Communication Speech generating device
Cognitive Word prediction software

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Undue Hardship
An action requiring significant difficulty or expense, when
considered in light of:
Nature and cost
Overall financial resources of the facility
Number of persons employed
Effect on expenses and resources
Impact of accommodation on operation of the facility

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Reasonable Accommodation
Process
When an employee requests an accommodation:
Contact OCRD for guidance and assistance
Engage in a conversation with the employee
Ask to specify her/his requested accommodation
Inform the employee to contact OCRD for further assistance
Record the employees request in files

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Sexual Harassment
EEOCs LEGAL DEFINITION

Unwelcome sexual advances, requests for

sexual favors, and other verbal or physical
conduct of a sexual nature.

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FORMS OF SEXUAL HARASSMENT

Unwelcome conduct of a sexual nature

Verbal
Jokes
Disparaging remarks
Commenting on body parts
Innuendoes
Frequent use of sexual language
Language which targets any group, including women, and comments based on
gender stereotypes
Talking about sex, asking intrusive or sexual questions about an individuals
personal life
Transmitting sexually suggestive/graphic content via email, texting, fax
Unsolicited/unwelcome flirtations, advances, and/or proposition, invitations to
dates
Using demeaning or inappropriate terms: such as Babe Sweetie

Non-Verbal
Staring at body parts
Leering or unwelcome staring
Whistling
Suggestive gestures or movements
Displaying sexually suggestive/graphic content

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Forms of Sexual Harassment (contd)

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Who Files EEO Complaints

Applicants who are not hired

Employees who are not recognized

Employees who do not feel free to express their opinions and/or

concerns to their Supervisors

Employees who do not have ongoing dialogues with their

Supervisor
To discuss assignments/progress
To receive feedback

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EEO Complaint Process

Formal Complaint Process
Flowchart
AP Files Formal
Complaint
45 days
EMP

30 Days
PCV/Ts

Accept/Dismiss
Letter

180 Dys

Request
Hearing

Investigation

30
days

Report of
Investigation
(ROI) Reviewed

ROI sent to
complainant

60 days

Withdraw
Complaint

60 days

Final Agency
Decision (FAD)

Request
FAD
30/90

30 days

Right to Appeal to
the U.S. District
Court

Right to appeal to
EEOC and/or U.S.
District Court

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Alternative Dispute Resolution

(ADR)

Mediation, arbitration, facilitation and other ways of resolving

disputes focused on effective communication and negotiation,
rather then using adversarial processes such as litigation or
administrative grievance procedure
90 days calendar days to complete
Neutral 3rd party conducts mediation
If mediation is not successful, aggrieved can continue in the
Formal Complaint Process

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EEO Complaint Process Times

EEO Counseling (Informal Process)

Complainant: 20 hours
Manager: 20 hours each
Witness: 4 hours each
Investigation (formal Process):
Complainant: 40 hours
Manager & Employee: 40-60 hours each
Witnesses: 8 hours each
Preparation for Hearing:
Complainant: 40-80 hours
Manager: 40-80 hours each
Witnesses: 16 hours each

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Confidentiality

All information relating to EEO complaints MUST remain

confidential
All Supervisors are responsible for reporting discrimination
and harassment (to include sexual harassment) to the OCRD
and NOT to share information with other staff members

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As a Supervisor I am Responsible for:

Disseminating and discussing the Directors policies with staff,

discuss the policies with your employees
Recognizing, preventing, and promptly correcting any
instances of inappropriate behavior
Actively enforcing the Agency anti-discrimination policies
Providing reasonable accommodations
Ensuring a legitimate business reason for the decisions you
make (hiring, awards, discipline, travel, training etc.)
Informing your employees that you have responsibility to
report any discriminatory or harassing behaviors and that you
encourage them to come to you or to OCRD
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Supervisors want to
know

When an EEO Complaint is filed against me, will it be recorded in my

personnel file?
If an employee tells one dirty joke, can another employee file a
complaint alleging sexual harassment?
Do I need to provide a reasonable accommodation to an employee
with a broken leg?
What should I do when an employee tells me that he feels like there
are racial tensions in my department?
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OCRD is here
to:
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Office of
Civil Rights & Diversity
Main Office, Suite # 2310
ocrd@peacecorps.gov
(202) 692-2139
David King, Director
dking@peacecorps.gov
(202) 692-2137
Janet Bernal, EEO and Diversity Training Specialist
jbernal@peacecorps.gov
(202) 692-2113
Laara Manler, Management and Program Analyst
lmanler@peacecorps.gov
(202) 692-2145