EEO Best Practices: Addressing
and Preventing Discrimination
February 12, 2013
MHRMA
Objectives for Today
Today’s session will introduce:
• Key elements of an effective
discrimination prevention program
• MCAD discrimination prevention
resources
Role of the MCAD
• Receives complaints from
employees and others who feel
they have experienced
discrimination
• Statute of limitations
• Intake  mediation 
investigation  hearing
• 3,000 to 4,000 cases each year
• 85% employment cases
Forms of Discrimination
• Disparate Treatment
• Harassment
– Quid Pro Quo
– Hostile Environment
(sexual or other forms)
• Disparate Impact
• Accommodation
– Disability or
Religion
Mass. General Law 151B:
Employment
Actions cannot be
based on:
• Age
• Criminal records
(inquiries only)
• Disability
• Gender
• Gender expression
• Genetics
• Military
personnel
• National origin or
ancestry
• Race or color
• Religion
• Retaliation
• Sexual orientation
The EEO Function: Policies
• General EEO policy
• Discriminatory
harassment policy
• Professional
conduct policy
• All policies
translated as
needed
POLICY
EEO Policies: What Mass. Law Says
• Every employer shall:
– adopt a policy against sexual
harassment
– provide an individual copy to new
employees when hired, and annually to
all employees
• MCAD provides model policy and poster
• Training strongly encouraged for:
– new employees within 1 year
– new supervisors within 1 year
• Mass. Gen. Law 151B, §3a
EEO Policies: Key Elements
• Forms of discrimination
• Examples of actions that may violate the
policy and/or require reporting
• Groups protected, including
POLICY
retaliation
• Who to contact with
concerns and accommodation
requests
• Procedures for investigations
and remedial action
• How to contact the MCAD/EEOC
and statute of limitations
The EEO Function: Procedures
• Regular policy distribution
• Inclusive recruitment program and
non-discriminatory job
descriptions, hiring criteria and
hiring practices
• Non-discriminatory performance
management
• Careful review of accommodation
requests
• Equal service for customers
Accommodation Procedures
•
•
•
•
Well-written job descriptions
Recognize requests
Analyze medical documentation
Ensure an interactive dialogue and
analyze reasonableness
• Implement and evaluate
accommodations
• Consider leave rights
The EEO Function: Complaints
• At least 2 individuals named to
receive internal complaints
• Each trained to conduct
discrimination complaint
investigations
• Prompt, neutral investigations
with thorough
follow-up
Internal Investigations
1. Meet with the complaining
employee
2. Plan the investigation
3. Conduct witness interviews
and collect relevant
documents
4. Complete a final report
5. Take next steps as needed
The EEO Function: Training
• Why is it important to conduct
regular discrimination prevention
training for managers and
supervisors?
• For line staff?
Effective EEO Training Strategies
• Tailor design initial, refresher, and
remedial sessions
• Incorporate interactive methods to
ensure understanding, application,
and retention
• Often need 3½ (employees) to 4
hours (managers) to cover essential
elements
• Shorter refresher
sessions every
1 to 3 years
EEO Training Strategies, cont.
• 25 or fewer participants per session
• Participation of all employees with
translation as needed
• Training of trainer
• Sign-in sheet
• Continual
evaluation,
fine-tuning,
and updating
Trainer Selection and Preparation
• Can use MCAD or our trainer referral
list
• Evaluate potential trainers’:
– Past training experience
– Interactive training strategies
– Understanding of work environment
and ability to tailor training
• Collaborate with the trainer to
ensure design matches employees’
needs
MCAD Courses for EEO
Professionals
• Two half-day prerequisites plus
four modules:
– Two Train-the-Trainer modules
– Conducting Internal Discrimination
Complaint Investigations
– Responding to Accommodation
Requests
• Enrollment in fall
• Each module includes practicum
Other MCAD Resources
• Free complaint mediation program
• Fee-for-service training
• Referrals to trainers, internal
investigators, and accommodation
consultants
• Web site with guidelines, posters,
and other publications:
www.mass.gov/mcad
Table Discussion: Next Steps
• What is one next step you’d like
to take to improve the
discrimination prevention
program in your workplace?
EEO
EEO
For More Information
• Contact the MCAD Training Unit
Assistant at 617-994-6072 or
Training.Assistant@state.ma.us