Opinion
CIVIL ACTION NO. 09-4213 (LDW) (ETB).
July 21, 2010
FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Elizabeth Grossman, Regional Attorney, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, New York District Office, New York, NY.
FOR DEFENDANT, Robert David Goodstein, Attorney for Defendant.
CONSENT DECREE
This action was initiated on September 30, 2009 by Plaintiff, the Equal Employment Opportunity Commission ("EEOC"), an agency of the United States Government, alleging that Defendant Associated Marble Industry Inc. ("Defendant") violated the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. ("ADEA"). EEOC alleged that Defendant discriminated against Maureen O'Toole ("O'Toole") on the basis of her age by refusing to hire her because of her age. On or about September 12, 2008, Maureen O'Toole has a first interview by the office manager of Associated. As a result of the first interview Ms. O'Toole was to come back and meet with one of the principles running the company. Several days later, Ms. O'Toole e-mailed the company asking when the second interview would be scheduled. The office manager responded on September 17, 2008 "So much has happened since last Friday [day of interview], on Monday (in light of the recent economy issues I am sure you are aware) the owners have approached me and asked that I find a young person to introduce to this business and keep the position at entry level." On September 29, 2008, Associated hired another applicant 12 years younger than Ms. O'Toole.
EEOC and Defendant desire to settle this action, and therefore do hereby stipulate and consent to the entry of this consent decree as final and binding between the parties, and Defendant's parent organizations, successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which Defendant may merge or with which Defendant may consolidate. The terms of this Decree represent the full and complete agreement of the parties. The parties have agreed that this Decree may be entered into without findings of fact and conclusions of law having been made and entered by the Court.
In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, the parties agree as follows, and the Court finds appropriate, and it is therefore ORDERED, ADJUDGED AND DECREED that:
1. This Decree resolves all issues in EEOC's complaint in this case and all issues raised in EEOC Charge Number 520-2009-00593, which served as the jurisdictional prerequisite in this case. This Decree does not resolve any charge of discrimination currently pending before EEOC, or any charge that may be filed in the future, other than the charge listed above. EEOC reserves all rights to proceed regarding matters not covered in this Decree.
2. The Court has jurisdiction of the subject matter of this action and over the parties, venue is proper, and all administrative prerequisites have been met.
3. Defendant will not contest the validity of this Decree.
4. Defendant will not contest the jurisdiction of the United States District Court to enforce this Decree and its terms, or bring an enforcement action upon the breach of any term of this Decree by Defendant.
5. Breach of any term of this Decree by Defendant will be deemed a substantive breach. EEOC will determine whether Defendant have complied with the terms of this Decree and is authorized to seek compliance with this Decree in the United States District Court. The Court will retain jurisdiction to enforce this Decree.
6. EEOC and Defendant desire to settle this action, and therefore do stipulate and consent to the entry of this Consent Decree ("Decree") as final and binding between the parties, and Defendant's parent organizations, successors, assigns, subsidiaries, affiliates, purchasers and any corporation or entity into which Defendant may marge or with which Defendant may consolidate. Before any merger, sale, consolidation, transfer of ownership or corporate reorganization, Defendant will provide written notice of this lawsuit, together with a copy of the Complaint and this Decree, to any potential purchaser of Defendant's business, or purchaser of all or a portion of Defendant's assets, and any other potential purchaser, successor, assign, corporation or entity with which Defendant may merge or consolidate. Defendant will provide written notice to EEOC 14 days before any sale, assignment, succession, acquisition, merger or consolidation affecting Defendant.
A. Injunction Against Discrimination, failure to hire because of age
7. Defendant and its managers, officers, agents, parent organizations, successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which Defendant may merge or with which Defendant may consolidate is enjoined from discriminating against Ms. O'Toole or any individual because of the individual's age as required under the ADEA.
8. Defendant, and its managers, officers, agents, parent organizations, successors, purchasers, assigns, subsidiaries, affiliates, and any corporation or entity into which Defendant may merge or with which Defendant may consolidate, are enjoined from retaliating against Ms. O'Toole and from retaliating against any individual who files or has filed a charge, gives or has given assistance concerning the investigation or litigation of this matter or any other matter under the ADEA, opposes discriminatory conduct, or asserts or has asserted his or her rights under the ADEA.
B. Written Polices and Procedures
9. Within 7 days of the entry of this Decree, Defendant will implement and maintain written policies and procedures prohibiting employment discrimination, including polices and procedures that prohibit discrimination based upon age. The written policies and procedures will provide that Defendant will not make employment decision based a person's age. The written policies and procedures will include a disciplinary policy that will provide for appropriate discipline of any manager, supervisor or employee who violates these policies, engages in discrimination, discriminates against applicants or employees because of their age. A copy of the written policies and procedures are attached as Appendix A.
10. Within 7 days of the entry of this Decree, Defendant will distribute a copy of the written policies and procedures to all of its employees. Defendant will distribute a copy of the written policies and procedures to all new employees at the time such individuals start their employment with Defendant. Defendant will redistribute the written policies and procedures to all employees annually on the anniversary date of the entry of this Decree.
11. Within 7 days of the entry of this Decree, Defendant will read EEOC written verification that Defendant has distributed a copy of the written policies and procedures to all of its employees. Annually, on the anniversary date of the entry of this Decree, Defendant will send EEOC written verification that these written policies and procedures have been given to all new employees and redistributed annually to all employees.
C. Notices and Postings
12. Within 7 days of the entry of this Decree, Defendant will post EEO posters in places visually accessible to applicants and employees of Defendant as required by federal regulations.
13. Within 7 days of the entry of this Decree, Defendant will display and maintain each of its facilities in a place visually accessible to employees and applications of Defendant, a copy of the policies and procedures described in paragraph 9.
14. Within 7 days of the entry of this Decree, Defendant will display and maintain in each of its facilities in a place visually accessible to employees and applicants of Defendant, a remedial Notice pursuant to this Decree, a copy of which is attached as Appendix B, printed on EEOC letterhead.
15. Within 7 days of the entry of this Decree, Defendant's top official will send a memorandum to all employees emphasizing Defendant's commitment to abide by all federal laws prohibiting employment discrimination, including laws prohibiting discrimination on the basis of age under the ADEA. Defendant will distribute a copy of the memorandum to all new employees at the time such individuals become employees, and will display and maintain a copy of this memorandum in each of its facilities, in a place visually accessible to Defendant's applicants and employees. A copy of the memorandum is attached as Appendix C.
16. Within 7 days of the entry of this Decree, Defendant will send written verification to EEOC that the EEO poster, policies and procedures, remedial Notice, and memorandum by Defendant's top official has been posted as required by this Decree, and then on the anniversary of the approval of this Decree Defendant will send written verification to EEOC that these items continue to be maintained and posted as required by this Decree.
D. Training
17. Within 28 days of the entry of this Decree, and annually thereafter, Defendant will provide all of its employees with no fewer than 4 hours of training on federal laws prohibiting discrimination in employment, with a special emphasis on laws prohibiting discrimination on the basis of age to its employees and applicants. The training will explain Defendant's policies and procedures described in paragraph 9. The training will also stress that an employee may request a reasonable accommodation for his or her religious beliefs or practices without fear of retaliation. New employees will be given this training within 30 days of hire.
a. The training will be conducted by Robert David Goodstein.
b. The content of the training is set forth in Appendix D.
c. Defendant will maintain attendance records identifying in legible form the name and job title of the attendees at each session and also containing the signature of each attendee. Within 7 days of each training session, Defendant will provide to EEOC a copy of the attendance records from the training session along with a current list of all Defendant's employees.
F. Monetary Relief
Within 7 days of the entry of this Decree, Defendant will pay a total of $16,000.00 (SIXTEEN THOUSAND DOLLARS) in monetary damages to Ms. O'Toole. These payment will be made according to the following schedule,
Ten days after the entry of the Decree $3,000.00 30 days after the first payment $2,500.00 60 days after the first payment $2,500.00 90 days the first payment $2,500.00 120 days after the first payment $2,500.00 150 days after the first payment $3,000.00 Defendant will simultaneously issue appropriate tax forms, including W-2 forms for backpay and send copies of the checks and tax forms to the EEOC. From the amount for backpay, Defendant will make appropriate withholdings for any applicable federal, state or local income taxes and for employee Social Security taxes pursuant to the Federal Insurance Contribution Act (FICA). Defendant will make any applicable employer contribution for Social Security taxes pursuant to the Federal Insurance Contribution Act (FICA) and will not deduct such contributions from this settlement.18. If Defendant falls to make a payment on or before the scheduled date, all remaining money due becomes payable at once and begins to earn interest at the Internal Revenue Service unpaid tax rate, 26 U.S.C. § 6621, until paid.
G. Additional Monitoring Provisions
19. Within 7 days of the entry of this Decree, Defendant will begin and continue to maintain records for all applicants for employment. Each year on the anniversary of the Decree and for the duration of the Decree, Defendant will provide EEOC with a written report containing, at a minimum, a summary of all individuals hired by name and age.
20. EEOC may monitor compliance of this Decree by unannounced inspection of Defendant's premises, records, and interviews with employees.
21. All materials required by this Decree to be sent to EEOC will be addressed to Louis Graziano, Trial Attorney, Equal Employment Opportunity Commission, New York District Office, 33 Whitehall St., 5th Floor, New York, New York 10004.
H. Duration and Retention of Jurisdiction
22. This Decree will remain in effect for 5 years form the date of entry.
23. If EEOC has notified Defendant in writing not less than 15 days before the expiration of this Decree that Defendant is not in compliance with any section of this Decree, Defendant's obligations under this Decree will remain in effect until the EEOC determines that Defendant is in compliance, or until otherwise by the court.
24. This Decree will not expire while any enforcement action concerning this Decree is pending.
25. Upon the entry of this Decree, the matter will be immediately closed, but the Court will retain jurisdiction to enforce this Decree.
SO ORDERED, ADJUDGED AND DECREED.
NOTICE TO ALL EMPLOYEES OF STRUCTURAL CONTRACTING SERVICES, INC.
This notice is being posted pursuant to a Consent Decree between the United States Equal Employment Opportunity Commission ("EEOC"), a federal agency charged with enforcing the nation's laws prohibiting employment discrimination, and Associated Marble Industry Inc ("Associated"), in resolution of a lawsuit, EEOC v Associated Marble Industry Inc., U.S. District Court, Eastern District of New York Civil Action No. 09-CV-4213. In that lawsuit, the EEOC alleged that Associated engaged in unlawful employment practices in discriminating against Ms. Maureen O'Toole by denying her employment because of her age.
Federal law prohibits discrimination in any aspect of employment because of an individual's race, color, sex (including pregnancy), religion, national origin, age, disability, or genetic information. All employees should have a workplace free from harassment because of race, color, sex (including pregnancy), religion, national origin, age, disability, or genetic information. Federal law also prohibits an employer from retaliating against an employee for objecting to or asserting complaints about discrimination or harassment, cooperating in the investigation or litigation of a charge of discrimination or harassment, participating as a witness or potential witness in an investigation or litigation of a charge of discrimination or harassment or otherwise exercising his or her rights under laws prohibiting discrimination, harassment and retaliation.
The terms of the Consent Decree require that Associated:
1. Is enjoined from discriminating against or harassing any individual because of his or her age and from retaliating against any person who exercises his or her rights under federal anti-discrimination laws; 2. Is ordered to adopt, implement and maintain written policies and procedures prohibiting Age discrimination and retaliation, procedures for receiving and investigating complaints of age discrimination or retaliation, and procedures to discipline managers, supervisors or employees who violate the policies; 3. Is ordered to distribute a copy of the written policies and procedures prohibiting employment discrimination to all current and future employees; 4. Is ordered to provide training to all current and future employees, managers and supervisors on federal laws prohibiting employment discrimination, harassment and retaliation; 5. Is required to post this Notice and an EEO poster on federal anti-discrimination laws, and also to distribute a memo to all employees emphasizing Associated's commitment to abide by all federal laws prohibiting employment discrimination, including laws prohibiting race discrimination, racial harassment and retaliation; 6. Is ordered to pay Maureen O'Toole $16,000.00 in damages. If you have any complaints of discrimination, you may contact Associated ___________ [ insert name and telephone number] and/or:
Equal Employment Opportunity Commission
New York District Office
33 Whitehall St., 5th Floor
NY, New York 10004
(800) 669-4000This is an official legal notice must remain posted for 5 years from the date of posting and may not be altered, defaced, or covered by any other material [NAME] DATED: __________________________ ____________________________________ , PRESIDENT Associated Marble Industry Inc.
ASSOCIATED MARBLE INDUSTRY, INC. NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY AND PROCEDURES FOR COMPLAINTS
Associated Marble Industry, Inc. is committed to creating a respectful, courteous work environment free of discrimination and unlawful harassment of any kind. Discrimination or harassment directed at any employee of Associated Marble Industry, Inc. will not be tolerated, and complaints will be investigated promptly and thoroughly.Non-Discrimination Anti-Harassment Policy
A. Equal Employment Opportunity PolicyAssociated Marble Industry, Inc. ("Associated Marble") is proud of its policy of maintaining a work environment that encourages tolerance and respect for the dignity of each individual. Associated Marble Industry, Inc. will maintain a work environment that is free of discrimination, racial/ethnic harassment, including sexual harassment and retaliation for filing a complaint under this policy. Discrimination or harassment based on race, color, ethnic or national origin, sex, sexual orientation, gender identity, genetic information, pregnancy, religion, age, ancestry, disability, military status, veteran status or any other classification protected by local, state or federal law is prohibited. Retaliation against a person for reporting or objecting to discrimination or harassment is a violation of this policy whether or not discrimination, or harassment occurred.
Supervisors and managers are obligated to report complaints, to keep complaints confidential, to protect the privacy of all parties involved in a complaint and to prevent or eliminate discrimination, harassment or retaliation; failure to do so is a violation of this Policy.
B. Non-Discrimination Anti-Harassment
Associated Marble is committed to creating a respectful courteous work environment free of discrimination and unlawful harassment of any kind. Discrimination based on a Protected Classification is strictly prohibited. Associated Marble, does not tolerate sexual or other unlawful harassment by any employee or person in position of authority. Such harassment is a breach of the Associated Marble policy and a violation of state and/or federal law. In addition to any disciplinary action that Associated Marble may take, up to and including termination, offenders may also be personally liable for any legal and monetary damages.
Harassment consists of unwelcome conduct, whether verbal, physical or visual, that is based upon a person's race, color, genetic information, pregnancy, religion, sex, age, disability, national origin, citizenship, marital status, family status or other protected group status. Associated Marble maintains a strict policy prohibiting unlawful harassment and discrimination. Associated Marble will not tolerate harassing conduct that affects tangible job benefits, that unreasonably interferes with an individual's work performance or that creates an intimidating, hostile or offensive working environment according to applicable state and federal law. Harassment is a form of misconduct that undermines the integrity of the employment environment. Discriminatory harassment is defined as subjecting an individual to humiliating, offensive, abusive or threatening conduct that creates an intimidating, hostile or abusive work environment; alters the conditions of employment; or unreasonably interferes with an individual's work performance on the basis of that individual's protected classification. Harassment includes communicating, sharing or displaying written or visual materials; making verbal comments; or engaging in physical conduct that is demeaning or derogatory to a person because of a protected classification. Whether or not conduct is harassment will depend on the totality of the circumstances, including the frequency or severity of the discriminatory conduct; whether the conduct is physically threatening or humiliating, or a mere offensive utterance; and whether the conduct unreasonably interferes with the alleged victim's employment environment. Associated Marble is committed to taking all reasonable steps to prevent such harassment and discrimination.
Associated Marble is determined to resolve possible discrimination and harassment situations as quickly and discreetly as possible. If an employee believes a co-worker, manager or agent of the company is harassing or discriminating against her/him, the employee is encouraged to tell the offender clearly that the behaviors and actions are unwelcome.
All harassment and discrimination claims will be investigated in a timely, fair and thorough manner and Associated Marble expects all employees to cooperate fully in any investigation. All complaints will be accepted in good faith and investigated appropriately as discreetly and confidentially as possible. If the organization finds that discrimination or harassment has occurred, it will take appropriate corrective action up to and including termination of employment of the offending employee. (See Section E for Complaint Procedures and Discipline)
The President has the overall responsibility to maintain effective enforcement of non-discrimination and harassment policies. The President is responsible for handling any complaints in accordance with the policy. Any supervisor, who is informed of or receives a complaint, must report it directly to the President of Associated Marble. Each employee is responsible for following the procedures explained in this policy to ensure that her/his complaint is handled promptly and appropriately.
C. Anti-Retaliation Policy
Associated Marble prohibits the taking of any adverse employment action against those who report, oppose or participate (as witnesses or accused) in investigations into complaints of alleged violations of this Non-Discrimination and Anti-Harassment Policy or State or Federal Law, in retaliation for that reporting, opposition or participation. This policy protects those who engage in protected activity or those who participate with or associate with those engaged in protected activity from being retaliated against because of that protected activity.
Examples of adverse employment actions include but are not limited to:
• Denial of a promotion
• Refusal to hire
• Threats or reprimands
• Negative job performance evaluation
• Reduction in job duties and responsibilities
• Adverse treatment such as a suspension or discharge
• Poor work assignment
Examples of protected activity include but are not limited to:
• Complaining to a supervisor or manager or President of the Company or reporting or filing a complaint with a federal state or administrative agency alleging discrimination including sexual harassment, based on race, color, ethnic or national origin, sex, sexual orientation, gender identity, genetic information, pregnancy, religion, age, ancestry, disability, military status, veteran status or any other classification protected by local, state or federal law;
• Testifying as a party, witness, or accused regarding alleged unlawful activity
• complaining about or reporting a safety issue
• requesting an accommodation because of a disability
Retaliation includes any materially adverse treatment which is reasonably likely to deter the complainant or others from filing a charge of discrimination/harassment or participating in a discrimination/harassment investigation. Retaliation can be verbal, written, graphic, electronic or physical.
Associated Marble encourages any applicant or employee who believes they or someone else may have been retaliated against to report such adverse action to a supervisor, manager or the President of the company.
Disciplinary action up to and including termination will be taken against any employee found to have violated this anti-retaliation provision.
D. Unlawful Harassment
It is illegal to harass an employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, genetic information or other protected group status.
It is also illegal to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Harassment outside of the workplace may also be illegal if there is a link with the workplace, for example, if a supervisor harasses an employee while driving the employee to a meeting.
Associate Marble's policy is to provide employees with a work environment free of harassment. Harassment of an employee or an applicant based upon their race, color, genetic information, pregnancy, religion, sex, age, disability, national origin, citizenship, marital status, family status or other protected group status is prohibited.
E. Sexual Harassment
It is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker or someone who is not an employee of the employer, such as a client or customer.
F. Harassment and Discrimination Complaint Procedures and Discipline
Associated Marble has a firm commitment to providing a workplace where all employees are treated with dignity and respect. All employees share responsibility and ownership for creating and maintaining a respectful and positive work environment. Associated Marble maintains an environment that encourages any employee who believes that she/he has been the subject of sexual harassment to report the incident to either her/his immediate supervisor, manager or to the President of the company.
Any employee who is subjected to any kind of unlawful Discrimination or Harassment should immediately contact their supervisor or manager. If your immediate supervisor or manager is involved in the matter, inform that person's supervisor or manager of the discrimination or harassment. Once a person has been made aware of a complaint they must make a written record of the complaint and refer it to the President of the Company. All complaints of Discrimination and Harassment will be promptly investigated pursuant to the procedures set out below. Confidentiality shall be maintained to the fullest extent possible.
The procedures set out below do not preclude any employee from seeking redress through federal or state courts, or local, state or federal administrative agencies that investigate complaints of Discrimination or Harassment. Furthermore, seeking redress through the procedures discussed below does not toll any applicable federal, state or local statute of limitations.
1. Formal Complaint — A formal investigation is initiated when a complainant lodges a complaint with their supervisor or manager and requests that it be brought to the President of the Company. Should the complaint involve a supervisor or manager then the complainant shall take their complaint to that person's supervisor or manager or directly to the President of the Company. (If the complaint involves the President of the company, complainant should file a complaint with one or both of the agencies listed in Section 3 below.) Within ten (10) business days of receiving a formal complaint, the President shall conduct a thorough investigation of the allegations in the complaint to determine whether any conduct alleged in the complaint occurred in the manner and circumstances alleged; whether the alleged conduct constitutes Harassment or Discrimination and to make appropriate disciplinary decisions should the conduct be deemed harassing or discriminatory.
2. Discipline — In the event the President of the Company determines that this policy has been violated the following sanctions may be instituted:
— A warning, with appropriate documentation of the circumstances placed in the offending party's personnel file;
— Suspension, with or without pay, for a time certain;
— Probation, for a time certain, with terms and conditions set forth by the President;
— Termination of employment.
3. Agency contact — In addition to the grievance procedures described above, any employee who believes he or she or another employee or applicant for employment has been subjected to unlawful discrimination, may contact the following government agencies:
(a) Equal Employment Opportunity Commission ("EEOC") NY District Office
33 Whitehall Street
NY, NY 10004
1-800-669-4000
(b) New York State Division of Human Rights — Headquarters
One Fordham Plaza
Bronx, NY 10458
718-741-8400
ASSOCIATED MARBLE, INDUSTRY, INC.
Non-Discrimination and Anti-Harassment Policy and Procedures for ComplaintsAcknowledgment Form
I hereby acknowledge receipt of the Non-Discrimination and Anti-Harassment Policy and Procedures for Complaints.
Dated: __________________ Name: ________________________ ____________________________ (Printed) (Signature)ASSOCIATED MARBLE INDUSTRY, INC. TRAINING PROGRAM OUTLINE
A. Introduction
1. Goals
B. Equal Employment Opportunity Non-Discrimination Non-Harassment/Anti-Retaliation Principles
1. Employment Discrimination
(a) Protected Characteristics
(i) Overview of laws applicable in the workplace under Federal, State and City Law
(b) The Rule of Equal Treatment
(c) Reiteration of EEOC Guidelines on Disability ("EEOC Addresses Performance and Conduct Issues under the Americans with Disabilities Act") and Religion ("Compliance Manual on Religious Accommodation")
(d) Genetic information training under the Genetic Information Non-Discrimination Act ("GINA")
(e) Discussion of age discrimination laws and their prohibition against discriminating against individuals over the age 40 or older in hiring, firing, promotions, layoffs, wages and benefits
(f) Discussion of standards for determining disability under ADA
(g) Discussion of new EEOC guidance on Caregiver Discrimination
(h) Discussion of FMLA and related employee rights
(i) Review company Anti-Discrimination Policy
(j) Application of EEO Principles to:
(i) Hiring decisions
(a) Discuss age discrimination laws in relation to how hiring decisions are made. Review hiring practices — come up with a structure for evaluating job candidates and apply the same criteria to all applicants. Be sure that everyone who interviews candidates is familiar with age discrimination laws. Discuss importance of concentrating on skills and ability. Make sure job interviewers ask job-related questions and do not base hiring decision on prejudice or stereotypes.
(b) Consideration of arrests and convictions — focus on current and new New York State legislation
(ii) Work Assignments/Scheduling
(iii) Performance Evaluations
(iv) Promotions
(a) Focus on skills, abilities and potential. Discuss making sure there are no age cutoffs for promotions or training.
(v) Disciplinary Actions
(vi) Termination
(k) Hypotheticals throughout
2. Avoiding Claims of Harassment Managerial Obligations to Maintain a Harassment-Free Environment
(a) Legal Definition of Harassment
(i) Quid Pro Quo
(ii) Hostile Work Environment
(b) Elements of Hostile Work Environment
(i) What is Severe and Pervasive Conduct?
(c) Same Sex Harassment
(d) Other Harassment
(e) Who Can Be a Harasser?
(f) Personal Liability
(g) Recognizing Harassment and Obligation to Act
(h) Investigation Procedures
(i) "Off the record" complaints
(i) Hypotheticals throughout
(j) Company Harassment Policy
3. Retaliation Prevention Principles
(a) Elements of Retaliation
(i) Protected Activities
(b) Examples of Retaliation
(c) Hypotheticals
(d) Company Policies Protecting Employees from Retaliation