Employee Relations
Manual
Table of Contents
Table of Contents
INTRODUCTION ........................................................................................................................................ 3
SUPERVISOR’S GUIDE TO EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION ..................... 4
I. Equal opportunity policy objectives ................................................................................................. 4
II. Affirmative action programs........................................................................................................ 5
III. EEO/AA is everyone’s responsibility ........................................................................................... 6
IV. Summary ...................................................................................................................................... 8
SUPERVISOR’S GUIDE TO PREVENTING AND RESPONDING TO HARASSMENT ..................... 8
I. Introduction ...................................................................................................................................... 8
II. Corporate policy and government legislation regarding harassment ......................................... 9
III. What is harassment ..................................................................................................................... 9
IV. Examples of harassment .............................................................................................................10
V.
Consequences of harassment ......................................................................................................12
VI. How to prevent harassment ........................................................................................................12
VII. What to do when harassment is alleged or occurs .....................................................................13
VIII. How to conduct a harassment investigation ..............................................................................14
SUPERVISOR’S GUIDE TO HANDLING COMPLAINTS AND CHARGES ......................................15
I. What is an Employment Discrimination Charge .............................................................................15
II. What You Should Do If You Receive a Charge ...........................................................................16
III. What you should Not do if You Receive a Charge ......................................................................16
IV. Role of the Employee Relations Department. .............................................................................17
V.
Impact of Discrimination Charges .............................................................................................18
VI. Record-Keeping ..........................................................................................................................18
VII. How to Help Avoid Further Charges of Discrimination ............................................................19
SUPERVISOR’S GUIDE TO THE AMERICANS WITH DISABILITIES ACT ....................................19
I. Introduction .....................................................................................................................................19
II. What Is and Is Not a Disability? ................................................................................................20
III. Who Is Covered by the ADA? .....................................................................................................20
IV. What Is Covered by the ADA? ....................................................................................................21
V.
Your Role as a Supervisor ..........................................................................................................21
VI. Addressing employee concerns regarding disabilities ...............................................................26
VII. Reasonable Accommodations Requests ......................................................................................26
VIII. Self-Identification Program .......................................................................................................26
AFFIRMATIVE ACTION PLAN ............................................................................................................27
Recruitment and Selection ...................................................................................................................27
Promotion ............................................................................................................................................27
Transfers ..............................................................................................................................................28
Terminations ........................................................................................................................................28
Responsibility For Affirmative Action Program Implementation ........................................................28
Personnel Policies Pertaining To Discrimination Based On Sex, Religion And National Origin .......29
Affirmative Action Plan For Disabled Persons ....................................................................................31
Affirmative Action Plan For Special Disabled Veterans And Veterans Of The Vietnam Era ..............33
HOW TO REACH THE EMPLOYEE RELATIONS STAFF ..................................................................36
GLOSSARY OF EEO/AA TERMS ..........................................................................................................37
EEO LAWS ..............................................................................................................................................39
Employee Relations Reference Manual
INTRODUCTION
Created 12/97 - Revised 6/99
The EEO/Affirmative Action Practical Guidance/References is a repository of supervisory
guides and references of interest to all employees. Its purpose is to guide and inform personnel
about TECO Energy’s Equal Opportunity (EEO) Policy and Affirmative Action (AA) programs
and procedures.
Inside this Reference Guide you will find practical guidance about preventing and responding to
harassment, handling employment discrimination complaints, disabilities issues, how to contact
Employee Relations, and other EEO/Affirmative Actions matters of interest.
Please carefully read the contents of this Reference Guide and keep it for future consultation.
NOTICE:
THE INFORMATION IN THIS REFERENCE GUIDE IS NOT A CONTRACT OF EMPLOYMENT, EITHER
EXPRESSED OR IMPLIED, AND DOES NOT CREATE ANY CONTRACTUAL RIGHTS OF ANY KIND
BETWEEN TECO ENERGY AND ITS EMPLOYEES. AT TECO ENERGY THERE IS NO FIXED DURATION
TO THE EMPLOYMENT RELATIONSHIP. EMPLOYEES CAN TERMINATE THEIR EMPLOYMENT
WHENEVER THEY WISH AND FOR WHATEVER REASON THEY MIGHT HAVE, JUST AS TECO
ENERGY MAY TERMINATE ANY EMPLOYEE AT ANY TIME FOR ANY REASON, WITH OR WITHOUT
CAUSE. THIS IS KNOWN AS EMPLOYMENT AT WILL. THIS INFORMATION CONTAINED IN THIS
REFERENCE GUIDE MAY BE CHANGED FROM TIME TO TIME OR MAY BE DISCONTINUED BY TECO
ENERGY WITH OR WITHOUT NOTICE TO EMPLOYEES. THE CHANGES MAY BE MINOR IN NATURE
OR THEY COULD REFLECT SIGNIFICANT CHANGES FROM PAST OR CURRENT PRACTICE.
CHANGES CAN BE MADE AT ANY TIME AT TECO ENERGY’S DISCRETION.
If you have any questions, contact Employee Relations (see section labeled ‘Employee Relations
Staff’).
3
Employee Relations Reference Manual
SUPERVISOR’S GUIDE TO EQUAL OPPORTUNITY
AND AFFIRMATIVE ACTION
Created 12/97 - Revised 6/99
THIS GUIDE IS DESIGNED TO HELP SUPERVISORY PERSONNEL THROUGH THE
BASIC STEPS OF PREVENTING AND RESPONDING TO HARASSMENT
COMPLAINTS. IT IS NOT A COMPREHENSIVE SOURCE OF INFORMATION;
HOWEVER, IF ADDITIONAL ASSISTANCE IS NEEDED, PLEASE TURN TO THE
SECTION LABELED “EMPLOYEE RELATIONS STAFF” IN THIS REFERENCE
GUIDE FOR CONTACT INFORMATION.
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
I.
Equal opportunity policy objectives
TECO Energy is firmly committed to a policy of equal opportunity for all its employees and
applicants for employment. It is the policy of the corporation to comply with all laws related to
equal opportunity in all personnel actions that affect employees or persons seeking employment.
Guided by EEO/AA laws, the corporation administers the following:
recruiting
hiring
working conditions
benefits
compensation
training
educational assistance
upgrades and promotions
downgrades and demotions
transfers
termination of employment
layoffs and recalls
discipline
social and recreational programs
work and family programs
4
Employee Relations Reference Manual
Without discrimination on the basis of:
race
color
creed
religion
national origin
citizenship
sex
marital status
age
physical or mental disability
status as a special disabled veteran or veteran of the Vietnam era.
TECO Energy monitors the progress of the organization’s efforts to achieve a multi-racial,
gender-mixed and otherwise diverse work force that reflects the relevant labor market.
II.
Affirmative action programs
As a federal contractor, TECO Energy is required by federal law and executive orders to develop
written Affirmative Action Programs (AAPs) for minorities and women and for individuals with
disabilities, special disabled veterans and veterans of the Vietnam era.
Affirmative Action Program for Minorities and Women.--TECO Energy annually develops
an AAP for Minorities and Women in accordance with federal law and executive orders. This
AAP identifies underutilization of minorities and women in the workforce based on the
representation of available, qualified internal candidates and the qualified civilian labor force.
Where underutilization is identified, the AAP outlines positive results-oriented procedures to
remedy the imbalance.
Affirmative Action Program for Individuals with Disabilities.--The corporation prepares an
AAP for individuals with disabilities. This AAP is developed and implemented to ensure that
qualified individuals with disabilities are employed and given the opportunity to advance in the
corporation without unlawful discrimination. The corporation is required to take such
affirmative action to employ and advance in employment individuals who are covered by these
federal regulations without unlawful discrimination. Reasonable accommodations for an
individual with a known physical or mental disability are also required as part of this program.
The intent is to permit an otherwise qualified person with a disability to perform his or her job
safely and effectively. Individuals with disabilities are covered by The American with
Disabilities Act, which is considered separately in this Reference Guide.
5
Employee Relations Reference Manual
Affirmative Action Program for Special Disabled Veterans and Veterans of the Vietnam
Era.--The corporation prepares an AAP for special disabled veterans and Veterans of the
Vietnam era. This AAP is developed and implemented to ensure that qualified special disabled
veterans and Vietnam-era veterans are employed and given the opportunity to advance in the
corporation without discrimination. The corporation is required to take such affirmative action
to employ and advance in employment individuals who are covered by these federal regulations
without unlawful discrimination. Reasonable accommodations for an individual with a known
physical or mental disability are also required as part of this program. The intent is to permit an
otherwise qualified person with a disability to perform his or her job safely and effectively.
THE AFFIRMATIVE ACTION PLANS ARE AVAILABLE FOR REVIEW BY EMPLOYEES AND
APPLICANTS MONDAY THROUGH FRIDAY, BETWEEN 8 A.M. AND 5 P.M. (E.S.T.), IN EMPLOYEE
RELATIONS, PLAZA 2. APPOINTMENT RECOMMENDED.
III. EEO/AA is everyone’s responsibility
EMPLOYEES have responsibilities to:
 Be aware of TECO Energy’s Equal Opportunity Policy and the corporation’s
Affirmative Action Programs.
 Exhibit behavior in the workplace that is consistent with the corporation’s EEO
Policy and AA Programs.
 Treat fellow employees with dignity and respect.
 Assure bias-free written and oral communications.
 Promptly communicate issues and concerns to management.
MANAGERS have specific responsibilities to:
 Maintain a working environment free of harassment or intimidation based on race,
color, creed, religion, national origin, citizenship, sex, age, marital status, disability,
or veteran status.
 Ensure that all employees are treated with dignity and respect.
 Champion the Affirmative Action cause by offering employment, promotional, and
training opportunities to qualified females, minorities, individuals with disabilities,
special disabled veterans and veterans of the Vietnam era.
6
Employee Relations Reference Manual
 Ensure that employees are aware of the Equal Opportunity Policy and Affirmative
Action Programs.
 Ensure that all employees have equal access to developmental training courses and
work assignments as well as counseling regarding careers and professional objectives.
 Inform staff members of TECO Energy’s internal complaint procedure and how to
contact Employee Relations.
 Cooperate with the investigation and resolution of discrimination complaints.
 Provide reasonable accommodations, where necessary and appropriate, to
accommodate the physical and/or mental disabilities of otherwise qualified
employees and applicants for employment.

 Develop, implement, and manage Affirmative Action plans that comply with the
spirit and letter of the law.
 Limit requirements on job requisitions to those needed to perform the job, i.e., the
“essential” functions.
EMPLOYEE RELATIONS has responsibility to:
 Ensure that employees are selected for all jobs solely on the basis of job-related
criteria.
 Serve as the employee’s advocate and advance their EEO-related issues and concerns.
 Promptly and confidentially investigate allegations of discrimination and harassment
to ensure an environment which respects the rights and dignity of individuals.
 Promote the spirit and letter of the law by educating managers to understand the
philosophies and intent of Equal Opportunity and Affirmative Action legislation.

 Develop and implement the corporation’s annual Affirmative Action Plans.
 Assist management in the planning of internal and external recruitment programs to
meet annual and long-range Affirmative Action goals.
 Provide management with annual reports to monitor the progress and success of
Affirmative Action workforce goals.
 Assist in complying with EEO legal reporting and posting requirements.
7
Employee Relations Reference Manual
 Implement the corporation’s AA programs.
IV. Summary
In summary, TECO Energy’s Equal Opportunity Policy and Affirmative Action Programs are
more than a paper commitment. To maximize the potential of TECO Energy’s human resources,
these programs require ongoing, positive action by all employees. Everyone has a responsibility
for equal opportunity and affirmative action.
SUPERVISOR’S GUIDE TO PREVENTING AND
RESPONDING TO HARASSMENT
Created 12/97 - Revised 6/99
THIS GUIDE IS DESIGNED TO HELP SUPERVISORY PERSONNEL THROUGH THE
BASIC STEPS OF PREVENTING AND RESPONDING TO HARASSMENT COMPLAINTS.
IT IS NOT A COMPREHENSIVE SOURCE OF INFORMATION; HOWEVER, IF
ADDITIONAL ASSISTANCE IS NEEDED, PLEASE TURN TO THE SECTION LABELED
“EMPLOYEE RELATIONS STAFF” IN THIS REFERENCE GUIDE FOR CONTACT
INFORMATION.
I.
Introduction
This Supervisory Guide covers the subject of harassment. People have different degrees of
personal comfort in discussing the kind of often-explicit and occasionally graphic scenarios that
sexual harassment raises. Though this subject is difficult to deal with, supervisory personnel
must get on with the business of addressing sexual harassment. Accordingly, the purpose of this
Supervisory Guide is to provide handy, step-by-step instructions on how to prevent and respond
to harassment. To help highlight this issue and encourage discussion about it, Employee
Relations is available for consultation tailored to fit your needs and availability. To contact a
staff member at Employee Relations, please turn to the section labeled “Employee Relations
Staff” in this Reference Guide.
8
Employee Relations Reference Manual
II.
Corporate policy and government legislation regarding
harassment
TECO Energy, Inc. values integrity and fairness. We are committed to hiring, developing, and
maintaining a superior and diverse workforce and making the corporation an outstanding place to
work. These values require that employees respect one another.
In particular, the Corporation’s Sexual Harassment policy (#009) states, “The corporation is
committed to providing a workplace free of any form of harassment". The policy further states
that “Supervisors and managers who receive complaints or who observe harassing conduct
should investigate and inform the Employee Relations Department and the Operating Company's
HR Director or Manager immediately."
The policy covers any incident of harassment by non-employees within the workplace.
In addition to the corporation’s policy prohibiting harassment, state and federal laws protect
employees from harassment. Along with the corporation’s internal complaint mechanisms,
individuals have the right to complain to government agencies or to sue if they believe they have
been harassed on such grounds as sex, race, age, color, disability, religion, national origin, or
hostile environment.
III. What is harassment
Harassment is any behavior that has the purpose or effect of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile, or offensive work
environment for an individual employee or group of employees.
One aspect that makes harassment a challenging subject for supervisory personnel and
employees to understand and control is that they may be unclear as to what constitutes an
“intimidating, hostile, or offensive work environment.” For example, what one employee thinks
of as well-meaning fun may be perceived as harassment by another. Likewise, what may have
been acceptable in the past may no longer be acceptable now.
Another aspect that can make harassment difficult to grasp is its broad definition. When
individuals hear the word ‘harassment,’ they often identify it with the persecution of an
individual for a particular reason, such as race, religion, sex, physical stature, etc. However, the
broad definition of harassment covers all employees who are harassed for any reason.
9
Employee Relations Reference Manual
IV. Examples of harassment
When trying to decide if harassment is occurring, use the “reasonable person” approach. Ask
yourself if a reasonable person would feel the behavior is intimidating, hostile, or offensive. For
example, if a female has complained of being harassed, ask yourself if a reasonable female under
similar conditions would be intimidated or offended. Another way to approach this is to ask
yourself if you would approve of such language being used, or actions being taken, if they were
directed toward your mother, wife, sister, or daughter. If there is any question as to whether a
type of behavior constitutes harassment, it is preferable to err on the conservative side and put an
end to it.
Behaviors that constitute sexual harassment are often grouped as follows:
Verbal
 Use of vulgar, sexually explicit language.
 Making sexual comments about a person’s physical characteristics.
 Making sexual comments or innuendoes either directed towards the person or in general.
 Telling off-color, sexually-based jokes or anecdotes.
 Asking explicit questions about one’s sex life, fantasy, preferences.
 Making comments that are either explicitly or implicitly sexual in nature about a person’s
clothing, body shape, or look.
 Asking a person for dates, repeatedly, when that person has turned you down.
 Using sexually derogatory terms to refer to women, such as girls, chicks, foxes, babes,
honey, darling, bitch.
 Whistling, making kissing sounds or vulgar smacking sounds.
 Rumor mongering about a person’s sex life.
 Supposedly light comments that indicate sexual interest in the other party, such as “You
know I need you, baby!”
10
Employee Relations Reference Manual
Nonverbal
 The giving of unsolicited or inappropriate personal gifts (lingerie, sex books, or any gift
inappropriate in nature).
 Writing personal, sexually suggestive notes, or sending unwelcomed cards.
 Keeping nude or suggestive photos, calendars, ads, or cartoons posted anywhere in the
workplace.
 Desktop PC wallpaper or screen savers carrying suggestive pictures or messages.
 Staring at someone repetitively or in a suggestive manner; similarly, giving them the onceover, the up and down.
 Following a person around the corporation.
 Blocking a person’s path; moving unnecessarily and repetitively too close to them in
everyday, business setting.
 Licking lips, throwing kisses, making inappropriate facial expressions.
 Through hand or body movements, making sexual gestures or representations of sexual acts.
Physical
 Touching a person’s clothing, hair or body.
 Standing inappropriately close to a person and then brushing them. A safe rule of thumb is to
keep a distance of 18" when speaking to a person.
 Hugging or engaging in other physical touching such as kissing when no such activity has
been invited.
 Rubbing against another in a sexual manner.
 Giving an uninvited massage to a person’s neck or shoulders.
 Pushing someone’s hair out of his or her face accompanied with stares.
These lists are in no way all-inclusive, but suggest the kind of activities that contribute to a
“hostile work environment.”
11
Employee Relations Reference Manual
V.
Consequences of harassment
Harassment has many negative business and legal consequences that underline the corporation’s
policies prohibiting it. Among these are the following:





It is harmful to individuals.
It is unethical and inequitable.
It may result in lost productivity, lowered morale, and/or unfavorable public relations.
It may require time-consuming and potentially embarrassing investigations.
It may result in expensive litigation, with fines alone totaling in the hundred thousand
dollars per incident of such conduct.
 It may result in the courts imposing personal liability on a supervisor found to have
engaged in such conduct, which may not be reimbursed by the corporation.
VI. How to prevent harassment
The best defense against harassment is to prevent it from ever happening. There are several
actions a supervisor can and should take to prevent harassment. They include:
1. Make sure all employees are familiar with the corporation’s policy prohibiting
harassment. When discussing the policy with employees, make sure they understand
why the corporation disapproves of it and what is meant by harassment.
2. Make clear your personal disapproval of harassment and your intolerance of any
violation of this policy.
3. Advise employees of their personal responsibility to let co-workers know, politely but
firmly, when they find certain behavior harassing or offensive.
4. Lead by example. Do not participate in, or condone through silence, any form of
harassment. Do not engage in any form of harassing behavior yourself (including
retaliation). Maintain a professional, dignified environment in the workplace.
5. Encourage employees to report instances of harassment. Make the commitment to
keep any investigation as confidential as possible, making yourself available to
receive employees’ complaints and ensuring they will not suffer any retaliation for
bringing this information to your attention.
6. Contact Employee Relations for a copy of these booklets: How to Recognize and
Prevent Sexual Harassment in the Workplace and What to Do About Sexual
Harassment Complaints in the Workplace.
12
Employee Relations Reference Manual
VII. What to do when harassment is alleged or occurs
Harassment is totally inconsistent with our values of being an outstanding place to work and
developing a superior workforce. Generally, corporate policy, state and federal laws are violated
when harassment occurs. Therefore, you are responsible for taking corrective action, using the
following guidelines.
1. If you see harassment taking place or a harassment incident is reported to you,
corporate policy and applicable laws require that you address the situation
immediately and complete an investigation promptly. Turning a “blind eye” is not
acceptable. The law sometimes also requires employers to deal with harassment about
which they should have known. As management personnel, you are expected to be
familiar with the environment within which your employees work. If that work
environment is viewed as hostile by your employees, you are responsible for
recognizing this and taking appropriate actions.
2. Carefully regulate the alleged harasser’s contact with accusers and potential
witnesses. If it’s practical, remove both accused and accuser from the workplace,
making clear to their colleagues that the separation does not imply any prejudgment
but is simply a way to minimize pressure on everyone concerned.
3. If harassment is alleged, take the allegation seriously, even if you did not see or hear
the offending conduct. Listen to the complaining party and gather and document as
much information as possible. When interviewing the complainant, alleged harasser,
and witnesses, ask for documents and other hard evidence – notes, voice- and e-mail
messages, hotel receipts and the like—that might corroborate or refute an accuser’s
claims.
4. Conduct interviews away from prying eyes, preferably off site, to limit speculation
among employees and preserve confidentiality.
Ask all employees, whether
interviewed or not, to refrain from rumor and speculation, which can only hurt
morale, productivity and the corporation’s public image.
5. Contact Employee Relations at the telephone numbers listed in this Reference Guide
to develop an investigation method jointly, if you so desire. The nature, severity of
the alleged incident, and your comfort level with conducting an investigation into the
allegations will help determine how and by whom the investigation should be
conducted.
No two investigations are exactly alike. They can vary from the supervisor conducting the entire
investigation with minimal consultation from Employee Relations to having Employee Relations
conduct the investigation. If determined that Employee Relations will conduct the interviews,
Employee Relations, with necessary variations, will follow the procedure set forth below under
the heading, “How to conduct a harassment investigation.” If appropriate, an Employee
13
Employee Relations Reference Manual
Relations staff member will schedule opening and closing conferences with you and work with
you to draw the proper conclusion and recommend the best possible solutions. If following
consultation with Employee Relations it is decided that you should conduct the investigation
yourself, you should generally follow the same procedures as outlined below.
VIII. How to conduct a harassment investigation
1. Listen closely to the complaining party. Gather and document as much information
as possible. Ask for documents and other hard evidence. Emphasize that the
confidentiality of his/her comments will be maintained to the greatest extent possible,
consistent with resolving the situation properly.
2. If the alleged harasser is likely to cooperate with the investigation or admit the
harassment, interviewing him next could lead to a quick, informal resolution of the
situation. But if the alleged harasser is considered hostile and the accuser says there
is a pattern of behavior, it’s probably best to interview other witnesses first. When
interviewing the accused harasser, give him/her an opportunity to provide his/her side
of the story. Emphasize that the confidentiality of his/her comments will be
maintained to the greatest extent possible, consistent with resolving the situation
properly.
3. If, after interviewing the accuser(s) and the accused harasser(s), the results are
inconclusive, interview other employees who have been identified as possible
witnesses to the event(s). When interviewing other employees, keep in mind your
pledge to maintain maximum confidentiality. Interviewing witnesses does not always
require that they know the full allegations or facts of the case. For example, you may
tell an employee that his/her name was given to you as a person who may have
observed an interaction between several employees. Tell the employee that you
would like to talk to him/her about those observations. Begin by asking if he/she was
in the location of the alleged incident at the critical time.
4. If the investigation remains inconclusive following such additional interviews, advise
the alleged victim of your findings, but support him/her by advising that you will reemphasize the corporation’s policies to the accused harasser(s). Also, encourage the
alleged victim(s) to report any further incidents of harassment or incidents of apparent
retaliation to you immediately.
5. Advise the alleged harasser(s) of your findings, but use this opportunity to reemphasize the corporation’s EEO policy, including the possibility of disciplinary
action for violating them. Stress to the employee that retaliation against the accuser is
totally inappropriate and will result in disciplinary action if established.
14
Employee Relations Reference Manual
6. Reveal details about the allegation to other subjects only when absolutely necessary.
A corporation risks a defamation charge if “raw,” unconfirmed information obtained
during a sexual harassment investigation leaks.
7. If the investigation is conclusive, consult with Employee Relations to help determine
the appropriate action.
8. Regardless of the outcome, document your investigation, findings, and resulting
action, and send a copy marked ‘Confidential’ to Employee Relations, Plaza 2.
Utilizing such information, patterns involving alleged violators and victims of such
conduct can be established.
9. Maintain any notes on the complaint and investigation separately from the
complainant's and/or alleged accuser's personnel file.
SUPERVISOR’S GUIDE TO HANDLING COMPLAINTS
AND CHARGES
Created 12/97 - Revised 6/99
THIS GUIDE IS DESIGNED TO HELP SUPERVISORY PERSONNEL THROUGH THE
BASIC STEPS OF PREVENTING AND RESPONDING TO HARASSMENT
COMPLAINTS. IT IS NOT A COMPREHENSIVE SOURCE OF INFORMATION;
HOWEVER, IF ADDITIONAL ASSITANCE IS NEEDED, PLEASE TURN TO THE
SECTION LABELED “EMPLOYEE RELATIONS STAFF” FOR CONTACT
INFORMATION.
I.
What is an Employment Discrimination Charge
An employment discrimination charge is a written complaint submitted to the corporation by an
investigating agency. Anyone who believes they have been unfairly treated by an employer or
potential employer may file an employment discrimination charge against that employer.
Someone else, acting for the person who believes they have been treated unfairly, also may file
an employment discrimination charge.
Any employment decision can be the basis for an Employment Discrimination Charge.
Employment decisions covered by the law include decisions about hiring, promotion, discharge,
training, demotion, displacement, etc. Applicants and employees have a right to challenge any
employment decision they feel was illegally based on race, color, religion, sex, marital status,
national origin, disability, age, or veteran status.
15
Employee Relations Reference Manual
Employees may also turn to an outside agency when they have unresolved complaints about their
treatment on the job. This could occur when an employee feels he/she has been subject to
harassment on the basis of age, race, religion, sex, national origin, etc. Allegations of sexual
harassment are also the subject of charges filed with outside agencies.
Investigating agencies include the Federal Equal Employment Opportunity Commission
(EEOC), the Office of Federal Contract Compliance Program (OFCCP), the Florida Commission
on Human Relations (FCHR), and the City of Tampa Office of Community Affairs.
Occasionally, inquiries come to the corporation from attorneys representing employees.
This Supervisory Guide is intended to provide advice to supervisors in the event they receive an
external charge requesting information/investigation from Employee Relations. Internal
allegations of discrimination should be promptly referred to the Employee Relations Department
for consultation.
II.
What You Should Do If You Receive a Charge
A.
IF NOTIFICATION OF CHARGE COMES DIRECTLY FROM AN
EXTERNAL AGENCY, NOTIFY THE EMPLOYEE RELATIONS
DEPARTMENT IMMEDIATELY, (See “Employee Relations Staff” Section).
B.
WHEN NOTIFIED OF THE CHARGE DIRECTLY BY EMPLOYEE
RELATIONS, gather all documents requested by the agency where the charge was
filed and forward to Employee Relations. Employee Relations will respond to the
agency in behalf of the corporation.
C.
KEEP IT CONFIDENTIAL. The existence of the charge is not for general
publication but should be brought immediately to the attention of your Performance
Coach (i.e. Manager, General Manager, Director, etc.). Do not discuss the matter
with anyone else.
D.
Refer any telephone calls concerning the charge to the Employee Relations
Department.
III. What you should Not do if You Receive a Charge
A.
DO NOT RETALIATE (or do anything that might be taken as retaliation) against
the charging party. Retaliation is treating the charging party differently than other
employees. Every citizen has the right to file a discrimination charge if he/she
believes that he/she has been treated unfairly. Therefore, do not retaliate against or
16
Employee Relations Reference Manual
otherwise treat the employee differently. On the other hand, you should not
withhold disciplinary action or other administrative action that is justified by the
employee’s violation of corporation values, poor behavior or poor performance.
Discuss these issues with the Labor Relations Department.
B.
DO NOT OVERLOOK ANYTHING - Sometimes we take actions or make
decisions which may unintentionally result in an employee being treated less
favorably than others. The corporation needs all information to defend itself against
the charge.
C.
DO NOT TAKE IT PERSONALLY - In most instances, the corporation is being
charged with discrimination, not the supervisor. Don’t treat being named in a
complaint as a personal attack or insult.
IV. Role of the Employee Relations Department.
Employee Relations will forward a copy of the external charge to the head of the department.
Employee Relations coordinates with the department the internal investigation of the charge.
Depending on the charge, this may include preparation of written responses, compilation of
records requested by the external agency, coordination of interviews, and/or leading the
corporation’s participation in hearings or on-site visits conducted by the investigating agency.
The data gathered from corporate records, as well as from departmental files, should respond
effectively and accurately to any allegation of discrimination. Armed with the appropriate
documentations, Employee Relations will then prepare a statement of the corporation’s position
regarding the charge.
The corporation, along with the individual making the charge, may be required to attend an
informal hearing or fact-finding conference at the office of the investigating agency to discuss
further the issues raised in the discrimination charge. In some instances, the supervisor named in
the charge or employee alleged to have harassed the charging party will be required to attend.
The Employee Relations Department will advise you on what to expect if you are called upon to
attend a hearing.
The opinions, observations, and experiences of coworkers are often taken into consideration
during the agency’s investigation. The Employee Relations Department facilitates those
interviews, which usually take place at a corporation location, and urges total honesty and
cooperation of all individuals involved in the interview process.
17
Employee Relations Reference Manual
V.
Impact of Discrimination Charges
A.
THE CORPORATION - Could be ordered to pay backpay and/or reinstate the
affected employee if a discrimination charge is upheld.
Under certain
circumstances, compensatory and punitive damages could also result. Large awards
to charging parties causes serious financial problems and tarnishes the reputation of
the corporation in the customer and investor communities. Where the corporation
disputes the decision of the investigating agency, the corporation has the right to
pursue appeals in the court system. However, this adds to the financial burden of
the corporation.
B.
THE EMPLOYEE - May suffer low morale, loss of productivity, damage to
his/her reputation, financial difficulties.
C.
THE SUPERVISOR - Risks possible damage to his/her reputation and credibility;
lowered morale in his/her work area, attention diverted from normal business
activities, lost productivity and possible liability in the case of intentional
discrimination.
D.
THE CHARGED EMPLOYEE - Risks possible damage to his/her reputation and
credibility; possible personal liability.
VI. Record-Keeping
First and foremost, all employment decisions and actions must be taken on the basis of nondiscriminatory reasons. These reasons will be based on job-related criteria, demonstrated job
performance, related job qualifications and demonstrated adherence to corporate values.
Decisions based on age, race, sex, religion, national origin, veteran status, disability, unless
based on real, justifiable business requirements, are inappropriate.
Accurate and complete documentation of the reasons for your employment decisions will be a
major factor in the corporation’s ability to respond effectively and successfully to a
discrimination charge. Keeping the same kind of documentation with regard to all employees
will enable the corporation to prove that we are consistent in our treatment of employees.
18
Employee Relations Reference Manual
VII. How to Help Avoid Further Charges of Discrimination
 Base your treatment of all employees on individual merit, results achieved, job
performance and adherence to corporate values.

 Maintain a legitimate, well-documented basis for employment decisions, including
hiring, termination, discipline, displacements, appraisals, proficiency reviews,
promotions, etc.
 Assure that, at all times, your behavior reflects the corporation’s policy of ensuring
equal opportunity for all employees and applicants.


SUPERVISOR’S GUIDE TO THE AMERICANS WITH
DISABILITIES ACT
Created 12/97 - Revised 6/99
THIS GUIDE IS DESIGNED TO HELP SUPERVISORY PERSONNEL THROUGH THE
BASIC STEPS OF PREVENTING AND RESPONDING TO HARASSMENT
COMPLAINTS. IT IS NOT A COMPREHENSIVE SOURCE OF INFORMATION;
HOWEVER, IF ADDITIONAL ASSISTANCE IS NEEDED, PLEASE TURN TO THE
SECTION LABELED “EMPLOYEE RELATIONS STAFF” FOR CONTACT
INFORMATION
I.
Introduction
The Americans with Disabilities Act (ADA) sets forth conduct required by employers as it
relates to applicants, employees, and customers with disabilities. Its goal is to enable individuals
with disabilities to enter the community mainstream by prohibiting discrimination against them
and removing barriers against their full participation in society.
TECO Energy, Inc. and subsidiaries supports the objectives of the ADA. This guide is intended
to provide you with a general overview of the ADA and to help you comply with the letter and
spirit of the Act in the performance of your supervisory duties. Any questions or requests for
assistance should be directed to the Employee Relations Department.
19
Employee Relations Reference Manual
II.
What Is and Is Not a Disability?
A disability is a physical or mental impairment that substantially limits one or more major life
activities. Examples of major life activities include: seeing; hearing; speaking; walking;
breathing; performing manual tasks (sitting, standing, reaching, lifting) learning; caring for
oneself; and working. Individuals with disabilities may be challenged in a number of ways,
including:
Mobility:
Sensory:
Intellectual:
Neurological:
Chronic Illness:
Learning:
Emotional:
Persons who use wheelchairs, canes, walkers, crutches, etc.
Persons who are blind, visually impaired, deaf, hearing impaired, etc.
Persons who are developmentally delayed.
Persons with multiple sclerosis, strokes, epilepsy, cerebral palsy, etc.
AIDS, cancer, diabetes, lupus, arthritis, muscular dystrophy, etc.
Learning disabilities which may include problems with reading, spatial
memory, short-term memory, sequential learning, etc.
Persons who have schizophrenia, manic depression, panic attacks, etc.
The following are not disabilities as defined by the ADA:
 Minor nonchronic conditions of short duration such as sprains, infections, broken limbs,
pregnancy, etc.
 Current illegal use of drugs
 “Sexual behavior disorders,” i.e., transvestites, homosexuals, bisexuals, etc.
 Compulsive gambling, tobacco addiction, kleptomania (uncontrollable desire to steal),
pyromania (craving to start fires), and obesity (except in rare circumstances).
 Unusual or distinct personal characteristics (e.g., age, eye and hair color, and lefthandedness).
 Environmental, cultural, or economic disadvantages. For example, if a person cannot
read because they dropped out of school, they are not disabled; whereas, if the illiteracy
resulted from dyslexia, they would be disabled.
 General stress caused by work of personal life pressure. However, an individual with
stress caused by an identifiable stress disorder (i.e. post-traumatic stress syndrome) is
disabled.
III. Who Is Covered by the ADA?
The law prohibits discrimination against:
1. Qualified individuals with disabilities.
2. Persons who have a known association or relationship with an individual with a
20
Employee Relations Reference Manual
disability; for example, a person who does volunteer work with AIDS patients.
3. Individuals with records of physical or mental impairment; for example, a cancer
patient in remission.
4. Individuals regarded as having a physical or mental impairment; for example, a
person disfigured by a burn accident.
5. Individuals who are infected with HIV but have not developed symptoms of the
disease.
IV. What Is Covered by the ADA?
The ADA prohibits discrimination in the areas of employment, public service, public
accommodations, and telecommunications. The provisions covering employment and public
accommodations are the most applicable to TECO Energy Inc. and subsidiaries.
The employment provisions refer to all employment practices, including job application
procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and
privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe
benefits, and all other employment-related activities.
The public accommodations provision prohibits denying full and equal enjoyment of goods,
services, facilities, privileges, or accommodations to individuals with disabilities. These
provisions apply to corporation facilities and services that are available to the public (e.g.,
Service Area facilities, power plants, teller locations, etc.).
V.
Your Role as a Supervisor
A.
General Practices to Follow
 Be familiar with the law and abide by its principles.
 Contact the Employee Relations Department when you have questions or need
assistance.
 When interacting with individuals with disabilities, and in doubt as to whether to
help them around the limitations caused by their disabilities, ask if you could be
of assistance. This will allow the individuals to tell you what, if anything, is
needed.
21
Employee Relations Reference Manual
 Base decisions on non-related criteria, not on reasons related to the existence or
consequence of a disability. Do not let preconceptions about individuals with
disabilities enter into your decision-making process.
Example:
You are considering an employee for a promotion. You have determined
that the most important factors are technical knowledge and public speaking skills. The
employee who has the most technical knowledge in not a very good public speaker. Do
you promote that person? Prior to making the decision, you must consider: (1) is public
speaking an essential function of the job?; (2) is the public speaking problem a
consequence of a disability?; and (3) if the public speaking problem is a consequence of
a disability, can the corporation reasonably accommodate it? A final decision would be
based on the answers to these questions.
 Make your willingness to provide a reasonable accommodation known to
applicants and employees, but do not feel obliged to provide an accommodation if
one is not requested.
 Document any accommodation made and forward to the Employee Relations
Department.
 Contact the Employee Relations Department if you believe an applicant or
employee with a disability poses a direct threat to his/her health and safety of
others.
B. Guidelines for Selecting Candidates to Fill Job Vacancies
 If your applicant has a visual limitation or is blind, identify yourself, shake hands,
offer the applicant the option of taking your arm for direction if you need to go to
another location. Let the applicant feel the back of the chair where he or she is to
sit. If the applicant is assisted by a guide dog, do not interfere with the dog in
performing its job.
 If the applicant has a hearing limitation and you have no experience in sign
language, look at the individual, speak in your regular tone of voice, and be
prepared to exchange information in writing. If the applicant is accompanied by
an interpreter, address your comments to the applicant, not the interpreter.
 If the applicant has mental limitations, do not “talk down” to him/her. Greet
him/her as you would any other applicant and use the vocabulary common to the
job. In a few minutes, you will have a pretty good understanding of the level at
which the individual can communicate.
22
Employee Relations Reference Manual
 Take the right perspective. A person with a disability is applying for an open job.
If you were disabled but capable of performing the job, you would want to be
treated like any applicant who is not disabled. Focus on the applicant’s
experience, training, and education. Any consideration about the possible need
for an accommodation should be deferred until the decision has been made as to
who is the best qualified applicant.
 Do not ask candidates whether, or to what extent, they are disabled.
 Do not pursue lines of inquiry based on past illnesses, injuries, accidents,
hospitalizations, treatments, workers compensation claims, or medical insurance
claims.
 Do not inquire into the medical condition of family members.
 Ask candidates questions designed to determine whether they can perform
essential job functions as specified on the Position Description. Ask candidates
what, if any, problems they might foresee in performing any job tasks.
 If you know of a candidate’s disability, you may ask how he or she can perform
job functions that you consider difficult or impossible to perform because of the
disability, whether an accommodation would be needed, and the candidate’s
suggestions and preference for an accommodation. However, even if the
disability is known or visible, you may not ask about the nature, severity, or cause
of the disability.
 Do not ask an applicant whether she/he will need or request leave for medical
treatment or other reasons related to a disability. Instead, provide information
about regular work hours, leave policies, any special attendance needs for the job
and if the applicant can meet these requirements.
 Focus on the purpose of the job and results to be achieved, rather than the manner
in which the job is presently performed. Keep in mind that there is more than one
way to perform a task. If a candidate with a disability cannot perform tasks in a
manner to which you are accustomed, perhaps the individual can perform the
tasks in another manner. For example, the function of a sack handler is to move
sacks form one point to another. Sack handler candidates should not be asked if
they can lift 50 pound sacks. Instead, they should be asked if they can move the
sacks from one point to another. Lifting the sacks may merely be the manner in
which the current incumbent moves the sacks. A disabled candidate could move
the sacks using an alternative means, for example, by using a hand truck.
23
Employee Relations Reference Manual
 Have selection tests and interviews approved by the Employee and Organizational
Development Department prior to using them. Tests and interviews are subject to
regulation to ensure they are legally valid and reliable. The Employee and
Organizational Development Department will help you ensure that selection tests
and methods are valid and not discriminatory.
 Do NOT ask any candidate to actually perform a function. Asking a candidate to
perform a function is a form of “testing” the candidate. If the “test” is not reliable
and valid, it may by illegal. If you would like to discuss the possibility of
arranging for a candidate to perform an actual function of the job as part of the
employment selection process, contact Employee Relations.
 Consider reasonable accommodations prior to rejecting an applicant based on
difficulties performing a task because of a disability.
 Contact the Employee Relations Department if a candidate requests or needs a
significant accommodation.
 Forward to Employee Relations documentation of any accommodations made.
 Do not lower quality or quantity standards in selection or job performance.
 Select the most qualified applicant available without consideration of cost or
“inconvenience”. If you foresee the possibility that it may be difficult to
accommodate an applicant’s disability, contact the Employee Relations
Department.
 Do not feel obliged to find a position for an applicant who is not qualified for the
position sought.
 Do not conduct reference checks. Let Recruitment and Staffing perform reference
checks. Recruitment and Staffing is trained to gather the necessary information in
an efficient, responsible, and legally defensible manner.
C. Some guidelines for working with employees with disabilities
 Make good faith efforts and handle situations with common sense and a positive
manner.
 Ensure that employees with disabilities have the same rights and privileges as
nondisabled employees.
 Hold employees with disabilities to the same standards of production/
performance for performing essential functions as other similarly situated
employees without disabilities.
24
Employee Relations Reference Manual
 Hold employees with disabilities to the same standards of production/
performance as other employees regarding marginal job functions, unless the
disability affects the ability to perform these marginal functions.
 If an employee is having performance problems as the result of a disability,
contact the Employee Relations Department to pursue possible reasonable
accommodation.
 Do not discipline or terminate an employee with a disability if he/she was not
provided a reasonable accommodation and the reason for the unsatisfactory
performance was the lack of an accommodation.
 Do not discipline employees with disabilities any differently than employees
without disabilities.
 Do not discipline or counsel employees with disabilities for taking supervisory
approved leave needed to accommodate their disabilities or obtain treatment.
 Do not evaluate an employee with a disability who has been provided with an
accommodation in order to perform a function on his/her ability to perform the
function without the accommodation, or downgrade him/her because such an
accommodation is needed to perform the function.
 Do not reduce pay of an employee with a disability because of the elimination of
a marginal job function or because she/he was provided a reasonable
accommodation.
 Do not assume that an individual is not interested in, or not qualified for,
advancement because of a disability.
 Do not deny an employee with a disability a promotion because of the need to
make a reasonable accommodation.
 Do provide employees with disabilities an equal opportunity to attend and
participate in social functions conducted, or sponsored, by the corporation.
D. Assistance may be needed when interacting with customers with disabilities as
indicated:
 Where it was not readily achievable to remove a barrier at a facility, you or one of
your subordinates may be asked to assist customers with disabilities. Customer
with disabilities should be assisted so that they are afforded the same goods,
services, facilities, privileges, and advantages that customers without disabilities
are afforded. IF asked to do so, make good faith efforts and handle situations
with common sense and a positive attitude.
25
Employee Relations Reference Manual
VI. Addressing employee concerns regarding disabilities
The corporation hopes that individuals with disabilities would initially attempt to resolve their
concerns directly with the corporation. For employees, this means discussing their concerns with
their supervisors. You should encourage your subordinates to do so. If employees are not
comfortable, or satisfied, with the resolution, they are encouraged to pursue their inquiries
further. This includes discussing them with higher level managers/supervisors and/or the
Employee Relations Department and following the corporation’s Problem Resolution Policy.
If you, as a supervisor, receive an inquiry about an applicant’s or employee’s disability-related
concern from an external agency, refer the individual to the Employee Relations Department.
VII. Reasonable Accommodations Requests
TECO Energy will provide reasonable accommodations for the physical and/or mental
impairments of applicants and employees with disabilities when necessary and appropriate. If a
requirement for some type of accommodation arises, you should: If reasonable, provide it.
An applicant or employee does not have to specifically request a “reasonable accommodation,”
but must only let the employer know that some adjustment or change is needed to do a job
because of the limitations caused by disability. If a job applicant or employee has a “hidden”
disability--one that is not obvious--it is up to that individual to make the need for an
accommodation known. If an applicant has a known disability, such as a visible disability, that
appears to limit, interfere with, or prevent the individual from performing job-related functions,
the employer may ask the applicant to describe or demonstrate how s/he would perform the
function with or without a reasonable accommodation. If an employee with a known disability is
not performing well or is having difficulty in performing a job, the employer should assess
whether this is due to a disability. The employer may inquire at any time whether the employee
needs an accommodation.
VIII. Self-Identification Program
Employees are encouraged to self-identify and make TECO Energy aware of their status as an
individual with a disability, a special disabled veteran or a veteran of the Vietnam Era by sending
a Groupwise/E-mail to the Employee Relations Department (see “Employee Relations Staff”
Section). This material is collected in accordance with the Affirmative Action Program. Failure
to participate in the voluntary self-identification process will not adversely impact an employee’s
employment status.
26
Employee Relations Reference Manual
AFFIRMATIVE ACTION PLAN
EEO POLICY STATEMENT AND REAFFIRMATION
The corporation’s policy includes, without limitation, the following commitments:
1. To continue to provide equal employment opportunity to all qualified persons, and to
continue to recruit, hire, train, promote and compensate persons in all jobs without regard to
race, color, religion, sex, national origin, age, disability, or status as a Vietnam era or special
disabled veteran.
2. To identify and analyze all areas of its employment process so as to further the principles of
equal employment opportunity. Employment decisions in all areas will be made in
accordance with our collective bargaining agreements, where applicable, and on the basis of
furthering the objective of equal employment. Specific examples include:
Recruitment and Selection
The recruitment and hiring of all personnel is accomplished without discrimination
against any individual with regard to race, color, religion, sex, national origin, age,
disability, or status as a Vietnam era or special disabled veteran. The corporation will
continue to contact known sources of potential minority and women applicants so as to
maximize the participation of such applicants.
Promotion
Individuals will continue to be upgraded and promoted on the basis of their abilities,
skills, and experience. The corporation will undertake good-faith efforts to ensure that
minority and women employees who are qualified, as well as those who become qualified
through training, are considered for promotion. In making promotion decisions, the
management directly involved and other appropriate personnel will use good-faith efforts
to ensure that promotions are based on valid occupational qualifications.
27
Employee Relations Reference Manual
Transfers
When vacancies occur, appropriate management personnel will make every good-faith
effort to effect transfers of qualified minority and women employees into areas where
minority and women employees may have been or may now be underutilized.
Terminations
Should reductions in the corporation’s workforce become necessary, they will be based
on nondiscriminatory factors, including the bona fide seniority provisions of applicable
collective bargaining agreements, where applicable. The corporation will review the
personnel files of those persons affected to ensure that such factors have been utilized,
and will make every good-faith effort to ensure that minorities and women are treated in
a nondiscriminatory manner with respect to termination.
3. To make promotion decisions in accordance with the policies and principles embodied in this
AAP.
4. To administer personnel actions in areas such as compensation, benefits, transfers, layoffs
and recalls, corporate-sponsored training, education, tuition assistance and social and
recreational programs to assure that women and minorities are not discriminated against.
Responsibility For Affirmative Action Program Implementation
The responsibility of the corporation’s management is to fully participate and provide support to
our chief executives through the coordinator of Affirmative Action in order to ensure successful
implementation of the Affirmative Action Program. The responsibility includes, but is not
limited to, the following:
1. Periodically review training programs and hiring and promotion patterns in an effort
to ensure the removal of any impediments to achieving the goals and timetables
established.
2. Review the qualifications of employees who are transferred or promoted in order to
make every good-faith effort to ensure that minorities and women are being given full
opportunity to such personnel actions.
28
Employee Relations Reference Manual
3. Periodically conduct internal facility EEO audits to ensure that the corporation
continues to comply in such EEO areas as the proper display of posters, provision of
non-segregated facilities, provision of comparable facilities for both sexes, and
encouragement of full participation by minority and women employees in all
Corporate-sponsored educational, trainee, career development, recreational and social
activities.
4. When necessary, assist supervisors in taking action to prevent harassment of
employees because of their placement through affirmative action efforts.
5. Internal dissemination of EEO/Affirmative Action articles, information, and
discussions with directors, managers, supervisors, and employees.
6. Participation in the execution of departmental EEO workforce goals.
7. To the extent possible, being actively involved with local minority and women’s
organizations, community action groups and community service programs.
Personnel Policies Pertaining To Discrimination Based On Sex,
Religion And National Origin
The corporation’s basic policy prohibits discrimination against any employee or applicant for
employment because of race, color, sex, age, religion, or national origin.
To ensure that applicants and employees are not discriminated against on the basis of sex, the
following practices are observed:
1.
Applicants are recruited regardless of sex for all jobs unless sex is considered bona
fide occupational qualification.
2.
Advertisements in newspapers and other media for employment are worded so that
they will not express sex preference unless sex is considered a bona fide
occupational qualification for the job.
3.
Corporation personnel policies relating to this subject area expressly indicate that
there shall be no discrimination against employees on account of sex.
4.
Employees of both sexes are given an equal opportunity to any available job that
they are qualified to perform, unless sex is considered bona fide occupational
qualification.
5.
No distinction based upon sex is made with regard to employment opportunities,
wages, hours, employer contributions to fringe benefits, or other conditions of
29
Employee Relations Reference Manual
employment.
6.
No distinction is made between married and unmarried persons of one sex that is
not made between married or unmarried persons of the opposite sex.
7. The corporation does not deny employment to women with young children.
8.
Appropriate physical facilities have been provided for both sexes.
9.
The corporation has not and will not refuse a female employee the right to any job
that she is qualified to perform in reliance upon state “protective” law.
10.
Females are not being penalized in their conditions of employment because they
require time away from work due to child-bearing. Disabilities due to pregnancy
are treated the same as other disabilities.
11.
No differences between male and female employee is made on the basis of sex in
terms of retirement from the corporation.
12.
Wage schedules are not related to or based on the sex of the employees.
13.
There is no discrimination restricting one sex to certain job classifications.
14.
TECO Energy, Inc. has and will continue to take affirmative action to recruit
women to apply for those jobs where they have been previously excluded, and will
include women in all management training programs. Similarly, employees of both
sexes are invited to participate in any training offered by the corporation.
15.
Acts of sexual harassment, whether by supervisory personnel or fellow employees
are forbidden. It is the policy of the corporation to maintain an atmosphere free of
sexual harassment in any and all forms.
To ensure that applicants and employees are not discriminated against on basis of religion or
natural origin, the following practices are observed:
1. Reasonable accommodations are made to the religious observances, beliefs, and
practices of our employees. As part of this obligation, the corporation accommodates
employees who, for religious reasons, are conscientiously opposed to performing
work on certain days of the week, or the year, unless such accommodations cannot be
made without undue hardship on the conduct of the corporation business.
2. All employees and applicants are made aware of TECO Energy Inc.’s interest in
providing equal employment opportunity without regard to religion or national origin.
All levels of management have been made aware of the above rules and informed that adherence
to them will be considered a part of acceptable job performance. In addition, the above
30
Employee Relations Reference Manual
guidelines will be incorporated into appropriate corporate policies.
Affirmative Action Plan For Disabled Persons
RESPONSIBILITY FOR AFFIRMATIVE ACTION
Managers and Supervisors
Managers and supervisors have the ultimate responsibility for decisions affecting progress
toward achieving affirmative action goals. Their responsibilities include:
1.
Assisting in identifying problem areas.
2.
Being actively involved with local disabled service programs designed to promote
equal employment opportunity.
3.
Reviewing qualifications of all employees to ensure disabled persons are given full
opportunity for transfers and promotions.
4.
Reasonably accommodating employees with disabilities.
5.
Conducting and supporting career counseling for all staff members.
6.
Ensuring that posters and notices are properly displayed.
7.
Ensuring that employees with disabilities are afforded full employment opportunities
and are encouraged to participate in all corporate-sponsored educational, training, and
social activities.
8.
Ensuring that their department fully complies with the spirit and policies of the
Affirmative Action Program.
9.
Accountability to senior management for personal support of the corporation’s EEO
policies and for personal contributions toward achieving Affirmative Action goals.
31
Employee Relations Reference Manual
IMPLEMENTATION OF AFFIRMATIVE ACTION
Invitation to Disabled Applicants and Employees
All applicants and employees who believe themselves to be covered by the Rehabilitation Act of
1973, 29 U.S.C. §701 et seq., specifically, 29 U.S.C. §793(a), and who wish to identify
themselves as disabled for the purposes of affirmative action and proper job replacement will be
invited to do so. An invitation notice will be posted in appropriate and conspicuous places
within the corporation’s offices. For the purpose of this self-identification process, the term
“disabled person” is defined below.
Reasonable Accommodations
A review and inspection of the facilities will be made to determine if and where reasonable
accommodations for the disabled may be made. In addition, the results of such an
accommodation review will be considered with respect to employment decisions involving
disabled employees and applicants.
In determining the reasonableness of possible
accommodations, the factors of business necessity and financial cost and expenses will be
considered, among others. Further, the corporation will consider whether, given the disability,
the person is nevertheless qualified to perform the job.
Compensation
The amount of compensation offered to disabled applicants and employees will not be reduced
because of any disability income, pension or other benefit the disabled applicant or employee
may receive from other sources.
Review Procedure
The corporation encourages the use of an internal review procedure whereby employees who are
disabled can raise any issues or claims that may arise during the course of their employment.
The corporation maintains an “open-door” policy and encourages employees to discuss such
issues or claims. The existence and availability of this internal procedure will be communicated
to all employees. All such matters may be brought to the attention of Ella Kay Tabb, Director,
Employee Relations.
32
Employee Relations Reference Manual
Definition Of The Term “Disabled Person” For Purposes Of Voluntary Self-Identification
“Disabled person” means any person who:
(a)
has a physical or mental impairment which substantially limits one or more major life
activities; or
(b)
has a record of such impairment; or
(c)
is regarded as having such an impairment; however, such term does not include any
individual who is an alcohol or drug abuser whose current use of alcohol or drugs
prevents such individual from performing the duties of the job in question or whose
employment, by reason of such current alcohol or drug abuse, would constitute a direct
threat to property or the safety of others. A disabled individual is “substantially
limited” if he or she is likely to experience difficulty in securing, retaining, or
advancing in employment because of a real or perceived disability.
Affirmative Action Plan For Special Disabled Veterans And
Veterans Of The Vietnam Era
RESPONSIBILITY FOR AFFIRMATIVE ACTION
Managers and Supervisors
Managers and supervisors have the ultimate responsibility for decisions affecting progress
toward achieving affirmative action goals. Their responsibilities include:
1. Assisting in identifying problem area.
2. Being actively involved with local veteran service programs designed to promote equal
employment opportunity.
3. Reviewing qualifications of all employees to ensure disabled veterans and veterans of the
Vietnam era are given full opportunity for transfers and promotions.
4. Reasonably accommodating disabled veteran employees.
5. Conducting and supporting career counseling for all staff members.
6. Ensuring that posters and notices are properly displayed.
7. Ensuring that veteran employees are afforded full employment opportunities and are
encouraged to participate in all corporate-sponsored educational, training, and social
33
Employee Relations Reference Manual
activities.
8. Ensuring that their department fully complies with the spirit and policies of the
Affirmative Action Program.
9. Accountability to senior management for personal support of the corporation’s EEO
policies and for personal contributions toward achieving Affirmative Action goals.
IMPLEMENTATION OF AFFIRMATIVE ACTION
Invitation to Covered Veteran Applicants and Employees
All applicants and employees who believe themselves to be covered by the Vietnam Era
Veterans Readjustment Assistance Act of 1974 (VEVRA) and who wish to identify themselves
as covered veterans for the purposes of affirmative action and proper job placement will be
invited to do so. An invitation notice will be posted in appropriate and conspicuous places
within the corporation’s offices. For the purpose of this self-identification process, the terms
“Vietnam-era veteran” and “special disabled veteran” are defined below.
Reasonable Accommodation
A review and inspection of the facilities will be made to determine if and where reasonable
accommodations for special disabled veterans may be made. In addition, the results of such an
accommodation review will be considered with respect to employment decisions involving
special disabled veterans, employees and applicants. In determining the reasonableness of
possible accommodations, the factors of business necessity and financial cost and expense will
be considered, among others. Further, the corporation will consider whether, given the
disability, the person is nevertheless qualified to perform the job.
Compensation
The amount of compensation offered to covered veteran applicants and employees will not be
reduced because of any disability income, pension or other benefit the covered veteran applicant
or employee may receive from other sources.
Review Procedure
The corporation encourages the use of an internal review procedure whereby employees who are
covered veterans can raise any issues or claims that may arise during the course of their
employment. The corporation maintains an “open-door” policy and encourages employees to
discuss such issues or claims. The existence and availability of this internal procedure is
communicated to all employees. All such matters may be brought to the attention of Earl
Haugabook, Affirmative Action Administrator (Ext. 34364).
34
Employee Relations Reference Manual
Definition Of The Terms “Vietnam Era Veteran” And “Special Disabled Veteran” For
Purposes Of Voluntary Self-Identification
1.
“Vietnam Era Veteran” means any person who: (a) served on active duty for a period of
more that 180 days, any part of which occurred between August 5, 1964, and May 7, 1975,
and was discharged or released therefrom with other than a dishonorable discharge, or (b)
was discharged or released from active duty for a service-connected disability if any part of
such active duty was performed between August 5, 1964, and May 7, 1975.
2.
“Special disabled veteran” means: (a) a veteran who is entitled to compensation under
laws administered by the Veteran’s Administration for a disability rated at thirty (30%)
percent or more, or (b) a veteran who was discharged or released from active duty because
of a service-connected disability.
35
Employee Relations Reference Manual
HOW TO REACH THE EMPLOYEE RELATIONS
STAFF
Created 12/97 - Revised February 12, 2016
NAME
TITLE
PHONE
Vacant
Employee
Relations
Representative
Grillo, Alba
EEO/AA
Coordinator
(813) 228-4366
or 34366
Berry, Howard
Director,
Employee
Relations
(813) 228-4345
or 34345
PHYSICAL
ADDRESS
702 North Franklin St.
Tampa, FL 33602
MAILING ADDRESS
P.O. Box 111
Tampa, FL 33601-0111
36
PAGER
673-7535
266-9529
WEB ADDRESS
APGRILLO@
TECOENERGY.COM
HEBERRY@TECOENERG
Y.COM
FAX
(813) 228-1259 or 31259
GW
ADDRESS
Employee Relations Reference Manual
REPORTING RELATIONSHIPS
Vice President Human Resources ........................................Roger A. Dunn
Director, Employee Relations ..........................................Ella Kay Tabb
Employee Relations Representative ..........................Vacant
EEO/Affirmative Action Coordinator........................Alba P. Grillo
GLOSSARY OF EEO/AA TERMS
Created 12/97
Affirmative Action.--Results-oriented, legally permissible actions which are taken to enhance
the opportunities for employment and advancement of covered employees and applicants; i.e.,
advertising in minority newspapers, and recruiting from minority and female colleges and
societies.
Affirmative Action Program.--A written, results-oriented program which meets regulatory
requirements and details the steps a corporation will take to enhance the opportunities for
employment and advancement of covered employees and applicants.
Equal Employment Opportunity.--Administration of all employment decisions and personnel
policies without regard to such factors as race, sex, color, creed, religion, national origin,
citizenship, age, marital status, sexual preference or orientation, physical or mental disability or
status as a special disabled veteran or veteran of the Vietnam era.
Equal Employment Opportunity Commission (EEOC).--An agency of the federal
government created to enforce Title VII of the Civil Rights Act of 1964. This agency also
enforces the Equal Pay Act, the Age Discrimination in Employment Act, and Title I of the
Americans with Disabilities Act of 1990.
Establishment.--A functional and/or geographic entity generally having some component which
exercises personnel authority and responsibility.
Establishment Head.--The individual responsible for the overall implementation of Affirmative
Action programs in his or her Establishment.
Individual with a Disability.--Any person who (1) has a physical or mental impairment which
substantially limits one or more of his or her major life activities; (2) has a record of such an
impairment; or (3) is regarded as having such an impairment.
Minority.--Persons classified as American Indian/Alaskan Native, Asian/Pacific Islander, Black
or Hispanic.
37
Employee Relations Reference Manual
Office of Federal Contract compliance Programs (OFCCP).--An agency of the U.S.
Department of Labor which has enforcement and administrative responsibilities for various
executive orders regulating federal contractors.
Protected Classes.--For affirmative action purposes, women and minorities, individuals with
disabilities, special disabled veterans and veterans of the Vietnam era as defined in federal
regulations, may be referred to as “protected classes.”
Race Classification.--The five groups which describe the racial or ethnic background of an
employee or applicant. The classifications are as follows:
 AMERICAN INDIAN/ALASKAN NATIVE: All persons with origins in any of the
original places of North America, and who maintain cultural identification through
tribal affiliation or community recognition.

 ASIAN/PACIFIC ISLANDER: All persons with origins in any of the original
peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific
Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands
and Samoa.
 BLACK: All persons with origins in any of the black racial groups of Africa, who
are not of Hispanic origin.
 HISPANIC: All persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish culture or origin, regardless of race.
 WHITE: All persons with origins in any of the original peoples of Europe, North
Africa or the Middle East, who are not of Hispanic origin.
Reasonable Accommodations.--Alterations or modifications to the work place, work
environment, equipment or job task which will permit an individual with a known physical or
mental disability to perform a specific job for which he/she is otherwise qualified. The
reasonableness of accommodations is determined on a case-by-case basis taking into
consideration, the size of the organization, cost, business necessity, and other variables.
Special Disabled Veteran.--A veteran who is entitled to disability compensation under the laws
administered by the Department of Veterans Affairs for a disability (1) rated at 30 percent or
more, or (2) rated at 10 or 20 percent in the case of a veteran who has been determined under the
regulation to have a serious employment handicap, or who was discharged or released from
active duty because of service-related disability.
Veteran of the Vietnam Era.--A person who served in the U.S. Armed Forces for a period of
more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975; and
who was discharged or released from active duty because of a service-connected disability.
38
Employee Relations Reference Manual
EEO LAWS
The following are some of the federal laws, orders, rules and regulations that pertain specifically
to nondiscrimination and affirmative action in employment.
FEDERAL LAW
COVERAGE
ENFORCEMENT
AGENCY
SAMPLE
PENALTIES
Age Discrimination
in Employment Act
of 1967 (ADEA)
Bans discriminating against Equal Employment
employees or applicants
Opportunity
age 40 and older.
Commission (EEOC)
Backpay,
reinstatement,
liquidated damages.
Americans with
Disabilities Act
(ADA)
Bans discriminating against
individuals with disabilities
and requires reasonable
accommodation of
employees with
disabilities. Restricts preemployment physical
exams and health-related
inquiries. Mandates
confidentiality of medical
records.
Equal Employment
Opportunity
Commission (EEOC)
Backpay,
reinstatement,
compensatory and
punitive damages.
Civil Rights Act
1866 (Section 1981)
Gives persons of all races
and ethnicities equal rights
to make and enforce
contracts. Contracts
include employment
relationships, even without
a formal contract.
None. Cases are filed
directly in court.
Compensatory and
punitive damages,
backpay with no time
limit.
Civil Rights Act of
1964 and 1991 (Title
VII)
Makes it unlawful for an
Equal Employment
employer to discriminate in Opportunity
employment because of
Commission (EEOC).
race, color, religion, sex, or
national origin. Prohibits
sexual harassment through
court decisions. Title VII
was amended in 1972
giving EEOC power to take
direct court action.
Compensatory and
punitive damages,
backpay with no time
limit. Allows victims
of racial
discrimination to
collect up to
$300,000 each in
compensatory
damages.
Equal Pay Act of
1963
Amendment to the Fair
Labor Standards Act. This
is a gender based law
requiring equal pay for
Backpay, double
damages.
39
Equal Employment
Opportunity
Commission (EEOC).
Employee Relations Reference Manual
FEDERAL LAW
COVERAGE
ENFORCEMENT
AGENCY
SAMPLE
PENALTIES
equal work. In effect, the
Act prohibits paying men
and women different wages
for jobs requiring equal
skill, effort, and
responsibility and which
are performed under
similar working conditions.
Executive Order
11246
Amended by Executive
Orders 11375 and 12086.
Prohibits discrimination on
the basis of race, sex, color,
national origin and religion
by federal contractors.
Regulations based on this
order require that
companies with at least 50
employees and $50,000 in
federal contracts develop a
written affirmative action
to increase employment of
women and minorities.
Enforcement agency:
Office of Federal
Contract Compliance
Programs (OFCCP).
Suspension or
debarment from being
a federal contractor.
Immigration Reform
and Control Act of
1986 (IRCA)
Bars hiring individuals not
authorized to work in the
U.S. Bans discrimination
based on nationality or
citizenship. Requires
employers to complete
Form I-9 for each
employee.
Immigration and
Naturalization
Service (INS).
For employment
verification, fines of
$100-$1,000 per
violation; for hiring,
fines of $250 to
$10,000 per violation
and possible
imprisonment; for
bias, backpay up to
two years and fines of
up to $10,000 for
subsequent violation.
Pregnancy
Discrimination Act
(PDA)
Amends Title VII of the
Civil Rights Act of 1964.
This act requires employers
to treat pregnancy and
childbirth the same as any
other disability under
fringe benefit plans. It
prohibits terminating or
refusing to hire or promote
a woman solely on the
basis that she is pregnant
and bars mandatory leave
Equal Employment
Opportunity
Commission (EEOC)
Compensatory and
punitive damages,
backpay with no time
limit.
40
Employee Relations Reference Manual
FEDERAL LAW
COVERAGE
ENFORCEMENT
AGENCY
SAMPLE
PENALTIES
for pregnant women
arbitrarily set at certain
time during their
pregnancy. It protects the
reinstatement rights of
women on leave for
pregnancy-related reasons,
including credit for
previous service, accrued
retirement benefits, and
accumulated seniority. The
law also protects women
with medical conditions
related to pregnancy or
childbirth and women who
have abortions.
Vietnam-Era
Veterans’
Readjustment
Assistance Acts of
1972 and 1974
(VEVRAA)
Requires affirmative action
to hire qualified disabled
veterans and Vietnam-era
Veterans.
Office of Federal
Contract Compliance
Programs (OFCCP).
Suspension or
debarment from being
a federal contractor.
Rehabilitation Act
(Sections 503 and
504)
Requires affirmative action
to increase employment of
qualified persons with
disabilities. Employers
with 50 or more employees
and contracts worth
$50,000 or more also must
have written affirmative
action plans for
employment of qualified
individuals with
disabilities.
Office of Federal
Contract Compliance
Programs (OFCCP).
Suspension or
debarment from
federal contracting.
41