Equal Employment Opportunity
The University of Texas at Austin
General Compliance Training Program
Equal Employment Opportunity
Training Requirement
 All new employees must be trained during
the first 30 days of employment at U.T.
 All employees must receive training every
two years.
EEO is the establishment and maintenance of a
nondiscriminatory work environment.
What does it mean to Discriminate?
To make a difference in treatment or favor
on a basis other than individual merit.
Webster’s Collegiate Dictionary
Equal Employment
Federal and State
Seven “Protected” Classes
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Gender (Sex)
Race
National Origin
Color
Religion
Age
Disability
Equal Employment
University Policy
Other “Protected” Classes
 Sexual Orientation
 Sexual Preference
Texas Commission on
Human Rights Act
 Passed into law in 1983.
 Created the Texas Commission on Human
Rights.
 Parallel to legal protection provided
through the federal laws.
 Enforced by the Texas Workforce
Commission, Civil Rights Division
U.T. Complies with EEO
 All persons have the right to be treated
fairly and without bias.
 U.T. complies with federal and state
laws.
 Relevant University Policies
Revised Handbook of Operating
Procedures
Part 4.B.1
Part 4.B.2
Regents’ Rules and Regulations
Part I, Chapter 1, Section 10.
Civil Rights Laws
 Federal Government has enacted
four laws addressing employment
discrimination.
Equal Pay Act, 1963
Title VII of the Civil Rights Act, 1964
Age Discrimination in Employment Act,
1967
Americans with Disabilities Act, 1990
Civil Rights Laws Pertaining to
Employment Discrimination
Equal Pay Act of 1963
Gender compensation differences
“can’t explain the difference”
Civil Rights Laws Pertaining to
Employment Discrimination
Title VII, Civil Rights Act of 1964
Race
Color
National Origin
Religion
Gender (Sex)
Pregnancy
Civil Rights Laws Pertaining to
Employment Discrimination
Age Discrimination in
Employment Act of 1967
Age 40 and above
Civil Rights Laws Pertaining to
Employment Discrimination
Americans with Disabilities Act (ADA),
1990
Persons with disabilities
Americans with Disabilities Act
U.T. has made changes.
Physical modifications to:
Work areas,
Buildings,
Walkways,
Ramps,
Curb cuts, and
Widened doorways and bathroom stalls.
Americans with Disabilities Act
 Both applicants and employees are covered.
 Both new employees and current employees
who become disabled are covered.
 In the employment process
For an ADA accommodation, the
impairment must qualify as a disability.
Americans with Disabilities Act
A qualified individual with a disability is a
person who:
 Has a physical or mental impairment that
substantially limits one or more major life
activities; or
 Has a record of such an impairment, or
 Is regarded as having such an impairment.
ADA Workplace Accommodation
 Employer must make reasonable
workplace accommodations such
as:
Acquiring or modifying
equipment,
Physically altering the work
site,
Modifying work schedules, or
Providing readers or
interpreters.
 Can not create a hardship.
Texas Commission on
Human Rights Act
Prohibits employment
discrimination and covers
all personnel decisions.
Texas Commission on
Human Rights Act
 TCHR Act amended to reflect changes in
federal statutes and court cases.
 Complainant has 180 days to file.
 External remedies must be exhausted before
a lawsuit may be filed.
 If law is violated, complainant may receive
Job, lost wages and/or damages.
 TCHR Act prohibits retaliation.
Legal Theories of Discrimination
 Disparate Treatment
(difference in treatment)
 Disparate Impact
(difference in impact)
First Legal Theory for Determining
Employment Discrimination
Disparate Treatment Theory:
Complainant is treated differently from other
similarly-situated employees who are not in the same
protected group.
Difference in Treatment
 McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973)
 McDonald v. Santa Fe Trail Transportation
Company
427 U.S. 273 (1973)
Difference in Treatment
McDonnell Douglas Corp. v. Green
 Percy Green was African-American.
 Mr. Green was laid off in a workforce
reduction.
 He illegally protested against the company.
 Later the company advertised for mechanics.
 Mr. Green applied for re-employment but was
rejected.
 The refusal to hire was based on his
participation in the illegal protest.
Difference in Treatment
McDonald v. Santa Fe Trail Transportation Company
 Three employees who do the same job:
One was African-American, two were White.
 All three stole sixty gallons of antifreeze.
 Different disciplinary actions were taken for
the same circumstance.
 The company’s decision to more severely
discipline the White employees constitutes
employment discrimination.
Second Legal Theory for Determining
Employment Discrimination
Disparate Impact Theory:
 Qualification appears to apply to everyone equally.
 Has a significantly greater impact on members of
the complainant’s protected class.
 Must be business necessity reason or legitimate
business objective.
Difference in Impact
 Griggs v. Duke Power Co.
401 U.S. 424 (1971)
Disparate Impact
Griggs v. Duke Power Co.
 Mr. Griggs was African-American.
 Duke Power was a segregated employer prior
to 1964.
 Duke Power created two new employment
policies.
 Each time Mr. Griggs applied, he was denied
transfer based on these new policies.
 Mr. Griggs was able to demonstrate no
legitimate business basis for the new policies.
Employment Discrimination
Who to Contact
 Internal Administrative Review
Equal Opportunity Services, 471-1849
 External Administrative Agencies
Texas Workforce Commission, Civil
Rights Division (180 days to file
complaint)
Equal Employment Opportunity
Commission (300 days to file complaint)
Compliance Exercise #1
 A female accountant is hired.
 Her salary is less than equally qualified
male accountant.
 Supervisor cannot provide a reason for this
difference.
Compliance Exercise #1
 A female accountant is hired.
 Her salary is less than equally qualified
male accountant.
 Supervisor cannot provide a reason for this
difference.
Salary differences cannot be based upon gender.
This illustrates possible sex discrimination under Title
VII of the Civil Rights Act, or the Equal Pay Act.
Compliance Exercise #2
 Employees are telling racial jokes.
 A minority employee complains.
Compliance Exercise #2
 Employees are telling racial jokes.
 A minority employee complains.
The supervisor should speak up.
This example may be racial discrimination
under Title VII of the Civil Rights Act.
Compliance Exercise #3
 Employee complains that co-workers are
speaking in Spanish.
Compliance Exercise #3
 Employee complains that co-workers are
speaking in Spanish.
The supervisor should explain that employees
may speak any language while on the job.
This may be national origin discrimination
under Title VII of the Civil Rights Act.
Compliance Exercise #4
 An applicant is vision impaired.
 The applicant needs a magnifier to enhance
the computer monitor.
Compliance Exercise #4
 An applicant is vision impaired.
 The applicant needs a magnifier to enhance
the computer monitor.
The University must provide reasonable
accommodations to qualified applicants.
This example may be discrimination under the
Americans with Disabilities Act.
Compliance Exercise #5
 Supervisor needs employees to work over
the weekend.
 One employee wants to attend religious
services.
Compliance Exercise #5
 Supervisor needs employees to work over
the weekend.
 One employee wants to attend religious
services.
The employer must make an attempt to
accommodate the worker’s request.
This illustrates possible religious discrimination
under Title VII of the Civil Rights Act.
Compliance Exercise #6
 Unit is funded by a grant which has been cut.
 Grant funding will cease in six months.
 Employees positions are going to be
terminated.
 An employee thinks he is being released
because of his age.
Compliance Exercise #6
 Unit is funded by a grant which has been cut.
 Grant funding will cease in six months.
 Employees positions are going to be
terminated.
 An employee thinks he is being released
because of his age.
If the same criteria are applied to those under as
well as over forty, age would not be a factor.
This example addresses the Age Discrimination
in Employment Act.
Review Your Knowledge
The University of Texas at Austin
General Compliance Training Program