MIAMI DADE COLLEGE
Equal Access/Equal Opportunity

Miami Dade College is an equal access/equal
opportunity employer and is committed to recruit,
employ, grant salaries, and promote personnel
without regard to gender, race, marital status, age,
religion, national origin, or disability in compliance
with all Federal and State legislation and regulations
pertaining to non-discrimination.
Equal Access/Equal Opportunity
Miami Dade will provide:

Supervision without discrimination

Equal educational opportunities for students

An environment free from harassment or
other discriminatory practices
Equal Access/Equal Opportunity
Miami Dade will provide:
 Reasonable instructional support services,
substitutions, modification or waiver of any
requirement for admission or graduation for
students with disabilities who meet State
Statute requirements
 Auxiliary aids and services for students with
disabilities
 Reasonable accommodations for employees
and guests of the College
Prohibits discrimination based on sex, religion,
color, national origin and race.
Covers:
Employers in hiring; promotion; discharge;
compensation; terms, conditions and privileges of
employment; classifying, limiting or segregating
employees or job applicants
 Labor organizations in limiting, segregating or
classifying membership
 Employment agencies serving covered employers in
classification or referral of individuals for
employment
Employers may not:
 Print or publish discriminatory advertisements
 Retaliate against any individual for opposing a
discriminatory practice or filing a charge
 Retaliate against any individual for participating in a
Title VII investigation
Covers all employers and employment agencies with fifteen (15) or
more employees or unions with fifteen (15) or more members.
Amended Title VII of the Civil Rights Act of 1964
Discrimination on the basis of pregnancy, childbirth or
related medical conditions constitutes unlawful sex
discrimination under Title VII.
An employer cannot refuse to hire a woman because of:
a. her pregnancy related condition as long a she is able to
perform the major functions of her job
b. the employer’s prejudices against pregnant workers or
the prejudices of co-workers, clients or customers
c. stereotypical beliefs that they are incapable of doing
their jobs or that after childbirth they will leave their
jobs
Employers must treat women affected by pregnancy or
related medical conditions the same way anyone else with
similar limitations would be treated.
PROTECTIONS
A pregnant employee who is temporarily unable to perform her job
due to pregnancy must be treated the same as any other
temporarily disabled employee (modified tasks, alternative
assignments, disability leave or leave without pay).
Pregnant employees must be permitted to work as long as they
are able to perform their jobs.
Employees who are absent due to pregnant-related conditions and
recover may not be required to remain on leave until the baby is
born.
PROTECTIONS
Employers must hold open a job for a pregnancy-related absence the
same length of time jobs are held open for employees on sick or
disability leave
If an employer allows leave for temporary non-pregnancy
related disabilities, it must also allow leave for pregnancyrelated disabilities and it may not apply different terms or
conditions of such leave.
PARENTAL LEAVE
Childcare leave following pregnancy and childbirth
 Childcare leave must be afforded to men and
women on an equal basis
 Applicable to leave to care for any family member at
any age or leave for any purpose
Twelve (12) weeks of unpaid leave per year for
eligible employees:
Because of the birth of a child and to care for the child
The placement of a son or daughter with the employee for
adoption or foster care
Twelve (12) weeks of unpaid leave per year for
eligible employees:
Because of a serious health condition which makes it
impossible for the employee to perform the functions of
his/her position
To care for a spouse, son, daughter, or parent of the
employee if such spouse, son, daughter or parent has a
serious health problem
The FMLA does not constitute non-discrimination legislation, but is, particularly,
beneficial for people with disabilities or those who are caretakers for people with
disabilities.
An eligible employee:
An individual who has worked for the covered employer at least
12 months and must have worked 1,250 hours during the twelvemonth period preceding commencement of the leave.
No one can be denied equal employment or equal
educational opportunity because of birth place,
ancestry, culture, or linguistic characteristics
common to a specific ethnic group.
HARASSMENT IS A VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT
Examples:
a) Ethnic slurs
b) Other verbal or physical conduct which creates a
hostile, intimidating work or academic
environment
Equal employment or equal educational
opportunity cannot be denied because of:
Marital or association with persons of a national origin
group
Membership or association with specific ethnic promotion
group
Attendance or participation in schools, churches, temples or
mosques, generally associated with a national origin group
A surname associated with a national origin group
The religious practices of employees, prospective employees
and students must be reasonably accommodated unless to
do so would create undue hardship on the employer or
educational institution.
Entities May NOT:

Schedule examinations or other selection activities in conflict with a
current or prospective employee’s or student’s religious needs

Inquire about an applicant’s future availability at certain times

Maintain a restrictive dress code or refuse to allow observance of a
Sabbath or religious holiday unless the employer, or faculty member
can prove not doing so would cause an undue hardship
Types of Accommodations

Flexible scheduling/alternate testing days

Voluntary substitutions

Job reassignments

Lateral transfers
The Americans with Disabilities Act
Prohibits discrimination against qualified persons with
disabilities with respect to job application procedures,
compensation, job training and other terms and conditions of
employment, or access of students to academic opportunities.
Covers all employers and employment agencies with fifteen
(15) or more employees or unions with fifteen (1) or more
members
The Americans with Disabilities Act
A person with a disability is someone who:

Has a physical or mental impairment which substantially limits
one or more major life activities (working, walking, hearing, seeing,
speaking…)

Someone regarded as having such an
impairment;

Someone with a record of such an
impairment.
The Americans with Disabilities Act
Employers must provide reasonable accommodations to employees
and applicants with disabilities or an educational entity must
provide auxiliary learning aids and services to students with
disabilities.
The Americans with Disabilities Act
Reasonable Accommodations for Employees

Making facilities readily accessible and useable by persons
with disabilities

Job restructuring: part-time or modified work schedules,
reassignment to a vacant position, acquisition or
modification of equipment or devices, adjustments or
modifications of examinations, training;

Providing qualified readers or interpreters
The Americans with Disabilities Act
Auxiliary Learning Aids and Services for Students:
Qualified Interpreters, Notetakers and Readers
Speech-To-Text-Translations (Real-time Captioning)
Assistive listening devices
The Americans with Disabilities Act
Auxiliary Learning Aids and Services for Students:
 Tape Recordings
 Video Recordings
 Enlarged Text
Prohibits discrimination against persons aged 40 and over based on age:
By employers in hiring, promotion, discharge, compensation,
conditions and privileges of employment, in classifying,
limiting or segregating employees or job applicants
By labor organizations in limiting, segregating or classifying
membership in referral of individuals for employment
Except in cases where age is a bona-fide occupational
qualification (BFOQ) normal to the necessary operation of
an agency or business
EMPLOYERS and EDUCATORS SHOULD:
Treat age neutrally
Never make a decision on the basis of
age or stereotypical assumptions about
age
Prohibit involuntary retirement
EMPLOYERS and EDUCATORS SHOULD:
Never retaliate against an individual because he/she
filed a charge of discrimination based on age
Never retaliate against an individual because he/she
participates in an ADEA investigation, proceeding or
litigation
COVERS:
Private employers with 20 or more employees
All federal, state and local government agencies
Employment agencies
Labor organizations
Prohibits wage discrimination on the
basis of gender
Wages must to paid to men and
women for equal work
Covers all employers covered by
minimum wage law
Positions eligible for Appointment and Retention Preference:

Teaching Assistant/Associate

Specialists/Support Staff

Clerical/Secretarial, Technical

Para-Professional/Skilled Craft

Service/Maintenance
Positions exempt from this coverage, generally,
include administrative, management, supervisory and
faculty positions
Persons Eligible for Appointment and Retention
Preference:
A.
Disabled veterans
B.
Spouse of any person:
1.
who has a total permanent service-connected
disability who, because of the disability, cannot
qualify for employment , and
2.
who is missing in action, captured in line of duty by a
hostile force or forcibly detained or interned by a
foreign power.
Persons Eligible for Appointment and Retention
Preference:
C.
A veteran of any war who served 181 consecutive days or
more, or who has served 180 consecutive days sine January
31, 1955, and who was discharged or separated with an
honorable discharge.
D. The unmarried widow or widower of a veteran who died of a
service -connected disability.
SEXUAL HARASSMENT IS
DISCRIMINATION BASED ON SEX

Employment decisions based on a person’s sex.
Harassment on the basis of sex is a violation of Title
VII of the Civil Rights Act of 1964 as amended in 1972;
Civil Rights Act of 1991; Title IX of the Education
Amendments; College Policy.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
Guidelines Defining Sexual Harassment
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature constitute sexual harassment when
submission to such conduct is made either
explicitly or implicitly a term or condition of an
individual’s employment;
EEOC Guidelines Defining Sexual Harassment
submission to or rejection of such
conduct by an individual is used as the basis
for employment decisions affecting such
individuals; and
such conduct has the purpose or affect
of unreasonably interfering with an individual’s
work performance or creating an intimidating,
hostile, or offensive working environment.
Quid
Pro Quo
The sexual act or a sexual favor is the
prerequisite condition to employment or
employment decisions (i.e., promotion, job
benefits); or academic success or evaluation.
Refusal to engage in the sexual act or provide a
sexual favor results in being fired, denied
promotion, denied a job benefits; or denied
some academic benefit, (i.e., an appropriate
grade, enrollment, participation).
Quid
Pro Quo
There is proof the sexual demand was
linked to a tangible, economic aspect of
the harassed employee’s compensation,
term, condition or privilege of
employment; or a student’s enrollment,
academic benefit, or participation.
HOSTILE ENVIRONMENT
The threat takes the form of ongoing harassment
that interferes with work or school by making the
atmosphere intimidating and unpleasant.
The atmosphere is made hostile or abusive by the
unequal treatment of the sexes or individuals.
The harassment is “sufficiently severe or pervasive
to alter the conditions of the victim’s employment”;
or academic performance and create an abusive
working, or educational environment. The actions
are generally repetitive.
DON’TS
1. Vulgar, sexually explicit language
2. Sexual comments regarding physical appearance
3. Sexual comments about persons or
groups of people
DON’TS
4. Off-color sexual jokes or anecdotes
5. Explicit questions about one’s sex life, sexual
preference or sexual orientation
6. Comments, sexually explicit or implicit, about one’s
clothing, body or looks
DON’TS
7. Repetitively asking for dates
8. Use of sexually harassing terms to refer to
females (i.e., bitch)
9. Whistling, kissing sounds, smacking noises
DON’TS
10. Terms of endearment (i.e., honey,
sweetheart, darling)
11.
Rumor-mongering about a person’s sex life in
front of them or behind their back
12.
Writing suggestive notes or sending unwelcome
cards
DON’TS
13. Unsolicited or inappropriate gifts (e.g.
underwear, night-time apparel)
14. Offensive photographs or pictures
15. Starring at a person in an unwelcome manner
(i.e. the once-over)
DON’TS
16.
Stalking at the office or after hours
17.
Kisses, making facial expressions, or sexual
gestures
18.
Touching a person’s hair, clothing or body when
the touching is unwelcome (i.e. pushing one’s
hair out of face, back massages)
DON’TS
19.
Standing inappropriately close to someone
20.
Hugging and kissing when its uninvited
21.
Rubbing against someone when it is uninvited
DO’ S
1. Take the report seriously
2. Listen, sympathize, but don’t judge
3. Don’t delay
4. Respond to concerns
DO’ S
5. Document
6. Follow-up on the complaint
7. Avoid using “dangerous words” such
as, “It’s just teasing – no big deal”
THIS ENDS
TODAY’S PRESENTATION