|
 Accordion Name : Complaints (3)
| | Complaints | Filing Deadlines for Complaints of Discrimination | Statutory Time Periods for the Timely Filing of Charges of Discrimination (measure from the occurrence of the discriminatory action): State Fair Practices/EEO Offices (i.e., MDH Office of Equal Opportunity Programs)—within one (1) year (no longer 30 days) after first knowledge or reasonably knowing (SPPA§5-211(b)). A complaint filed under SPP Title 5-211 (A) (2) alleging harassment must be filed within two years after the alleged violation that is the basis for the complaint - Maryland Commission on Civil Rights (MCCR)— 300 days (State Government Article Title 20, Annotated Code of Maryland)
- United States Equal Employment Opportunity Commission (EEOC)—180 calendar days from the day the discrimination took place; 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. See the EEOC’s website for timeliness guidelines.
| 1 | | Complaints | State Fair Practices/EEO Offices Timeline | Steps in Procedures | Time Line | | | An applicant or employee may file a written complaint with the appropriate head of the principal unit, or designee, within one year after the complainant knew, or reasonably should have known, of the alleged violation of the State’s Fair Employment Practices Policy (SPP 2-302) | 1 year; 2 years for harassment based complaints
| | | After receiving the complaint, the agency Equal Employment Opportunity Officer shall investigate and recommend a proposed decision to the head of the principal unit. The head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief | 60 Days | | | The complainant may appeal, in writing, to the Department of Budget and Management, Office of the Statewide Equal Employment Opportunity Coordinator, Room 607, 301 West Preston Street, Baltimore, Maryland 21201 | 10 Days | | | After receiving the appeal, the Statewide Equal Employment Opportunity Coordinator shall review the complaint and the agency decision and conduct any necessary investigation and/or mediation conference. The Office of the Equal Employment Opportunity Coordinator shall issue the final decision which may be to grant the relief requested by the complainant or dismiss the complaint. | 30 Days
|
| 2 | | Complaints | Miscellaneous Provisions | - Procedure covers employees and applicants for positions in the Skilled, Professional and Management Services, or comparable positions in independent personnel systems.
- Employees in the State Personnel Management System may elect to pursue an allegation of employment discrimination under either the above complaint procedure or the grievance procedure in SPP Title 12.
- Days refer to calendar days.
- Failure of any agency to respond to a complaint within the established time lines is considered a denial from which an appeal may be made.
- A complainant may be represented during the complaint process by any person the complainant chooses.
Source: State Personnel & Pensions Article, Title 5, Subtitle 2 | 3 | | Accordion Name : External Links (1)
| | External Links | External Links | | 1 | | Accordion Name : Proficiency Coordinators (3)
| | Proficiency Coordinators | Materials to assist MDH LEP Coordinators | MDH. Bilingual Pay Request Form, 2016.docx
To obtain contractor rates for interpretation, translation and visual communication services, please contact the OEOP Equal Access Compliance Unit at (410) 767-6600. Rate sheets are internal confidential documents and are not to be shared with offices or agencies outside of MDH. | 1 | | Proficiency Coordinators | MDH Policies and Notices | | 2 | | Proficiency Coordinators | Additional Resources | U.S. Department of Health and Human Services - Office of Civil Rights Limited English Proficiency (LEP) – A Federal Interagency website Understanding and Abiding by Title VI of the Civil Rights Act of 1964 – Department of Justice Video Department of Justice Language Access Assessment and Planning Tool InterpreTips InterpreTips YouTube Channel | 3 | | Accordion Name : Reasonable Accommodations (6)
| | Reasonable Accommodations | Definitions | Disability - A mental or physical impairment that substantially limits at least one major life activity of an individual; a record of such an impairment; or being regarded as having such an impairment. Major life activities include, but are not limited to caring for oneself, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working, and the operation of major bodily functions. Major bodily functions include, but are not limited to functions of the immune, digestive, neurological, respiratory, circulatory, endocrine and reproductive systems, normal cell growth, bowel, bladder and brain.
Interactive Process - The interactive process is an informal contact involving both the requesting party and the determining party, where the precise job limitation(s) resulting from the disability is identified and potential reasonable accommodations that could overcome those limitations are discussed.
Qualified individual with a disability (EMPLOYMENT) - A person with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position the individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of the position.
Qualified individual with a disability (PUBLIC PROGRAM or SERVICE RECIPIENTS) - For purposes of receiving services, education or training, qualified individuals with disabilities are disabled persons who meet the essential eligibility requirements established by the service, education or training.
Reasonable Accommodation - A reasonable accommodation is any modification or adjustment to a job, work environment or program that will enable a qualified employee, applicant or recipient with a disability to perform essential job functions, participate in the application process, or benefits of the service and/or program.
Undue Hardship - MDH has a statutory obligation to provide a requested reasonable accommodation only if such a modification or adjustment does not cause an undue hardship. Undue hardship is defined as a request that poses a significant negative impact on the expenses and/or resources of the organization. Such an impact is determined by the cost of the accommodation in relation to the size, total financial resources, legitimate safety concerns, nature and structure of the employer’s business and the facility providing the accommodation. In this case, all finances and resources under Maryland State Government will be considered for MDH requests. | 1 | | Reasonable Accommodations | Requests for Reasonable Accommodations for Disabilities Due to Pregnancy | Effective October 1, 2013, pursuant to Chapters 547 and 548 of the 2013 Acts of the Maryland General Assembly and State Government Article § 20-609 employees are now granted a statutory right to reasonable accommodations if the pregnancy causes or contributes to a disability, and if the accommodation does not impose an undue hardship for the employer. Employers are required to recognize disabilities caused by pregnancy or childbirth as temporary disabilities for all job-related purposes and shall explore with the employee all possible means of providing the reasonable accommodation throughout the duration of the employee’s pregnancy without creating an undue hardship to the employer. This law requires that under these circumstances, the pregnancy be treated as a temporary disability under any health or temporary disability insurance or sick leave plan available in connection with employment. Employers may require medical documentation from an employee’s health care provider regarding the medical advisability of a reasonable accommodation to the same extent certification is required for other temporary disabilities. The certification shall include: date a reasonable accommodation is medically advisable; probable duration; explanation as to the medical advisability of the reasonable accommodation. Further, this law requires that employers post in a conspicuous location, and include in any employee handbook, information concerning the employee’s rights regarding this law.
Notice - Accommodations for Disabilities due to PREGNANCY
| 2 | | Reasonable Accommodations | Accommodations Procedure | For employment related matters, requests for reasonable accommodations may be made to the unit Supervisor/Manager, Personnel Liaison, unit ADA Designee, or MDH Equal Access Compliance Manager. For public program/service related matters, requests may be made to an employee of the public entity or the MDH Equal Access Compliance Manager (Designated Party). (Note: requests may be made in writing or verbal. While MDH encourages that the Request for Accommodation Form be completed and submitted by the requesting party for recordkeeping purposes, the law does not require the request be made in writing; the interactive process must begin once MDH becomes aware of the request, written or verbal.)
Once the request has been made, the designated party will meet with the program participant or employee to clarify the request and only if necessary, request that the employee or participant submit sufficient medical documentation. (e.g., the medical limitation is not obvious and/or the nexus between the accommodation request and the self-identified disability is unclear.) The designated party may contact the MDH Office of Equal Opportunity Programs (OEOP) Equal Access Compliance Unit (EACU) for guidance; or submit the request for a reasonable accommodation directly to EACU. If the request is submitted directly to EACU, the MDH Equal Access Compliance Manager will discuss with both the requesting party and employer/public entity the nature of the reasonable accommodation request, the possibilities of granting the accommodation and alternatives for resolving the matter.
After all necessary documentation has been received from the employee or program participant, the designated party, and other applicable parties may meet to make determinations for the accommodation request. The medical documentation should explain the disability and functional limitations. The medical documentation must also substantiate why the requested reasonable accommodation is needed. The designated party should not request documentation that is unrelated to determining the limitation and the necessity for an accommodation (e.g., requesting entire medical records or asking the requesting party’s health care provider to reveal limitations not related to the request). In employment related matters, if medical documentation does not address specific concerns held by the employer regarding the employee’s ability to perform the essential functions of the job, the employee should be asked to have their health care provider complete and return a task analysis. If the task analysis is not returned in a timely manner (e.g., within 14 days) or remains unclear, the employee may be referred to the State Medical Director for the completion of the task analysis.
The employee or program participant must be promptly notified of the outcome of their accommodations request after the interactive process has been completed and all necessary documentation is reviewed. Information obtained by the employer regarding the medical condition or history of the applicant or employee must be maintained on separate forms and in separate files from the personnel record. This information is treated as a confidential medical record and shall only be disclosed to supervisors or managers that are related to the accommodation, first aid and safety personnel, when appropriate (e.g., emergency medical treatment is required) and government officials investigating compliance with the ADAAA. | 3 | | Reasonable Accommodations | Complaint Investigations | Any person who alleges discrimination on the basis of disability, including alleged failure to accommodate, in the provision of employment, services, activities, programs or benefits by MDH may file a complaint with OEOP. All complaints or suspicions of potential discrimination, harassment or retaliation will be promptly investigated. Internal complaints may be filed in writing or by contacting the MDH Equal Access Compliance Manager. Complaints filed with OEOP, must be filed within one (1) year (no longer 30 days) after first knowledge or reasonably knowing of the alleged violation, by contacting: Equal Access Compliance Unit
Maryland Department of Health
Office of Equal Opportunity Programs
201 W. Preston Street, Room 422-H | Baltimore, MD 21201
Office: (410) 767-6600 | Fax: (410) 333-5337 mdh.oeop@maryland.gov
Within 15 calendar days of receipt of the complaint, the complainant will be contacted to discuss the complaint and possible informal resolutions, including mediation. Within 15 days after the discussion or 60 days after the complaint has been filed, the MDH Equal Access Compliance Manager will notify the complainant of the Department’s decision or will request an extension pending further need for investigation. The Equal Access Compliance Manager will make every attempt to resolve the complaint as soon as possible. Parties may also file an external complaint with:
Maryland Commission on Civil Rights 6 St. Paul Street, Suite 900 Baltimore, Maryland 21202 410-767-8600 (Phone) 410-333-1841 (Fax) Within 180 days of the alleged violation
Equal Employment Opportunity Commission 10 South Howard Street
Baltimore, Maryland, 21202 1-800-669-4000 (Phone) 410-962-4270 (Fax) Within 300 days of the alleged violation.
As an alternative to contacting the Maryland Commission on Civil Rights, a program participant may file with:
U.S. Department of Health & Human Services Office of Civil Rights 150 South Independence Mall, Suite 372 Philadelphia, Pennsylvania 19106 1- 800-368-1019 (Phone) 215-861-4431 (Fax) Website: http://www.hhs.gov/ocr/civilrights/complaints/index.html Within 180 of the alleged violation.
Complaints may be filed with any one of the external agencies and OEOP simultaneously. | 4 | | Reasonable Accommodations | Confidentiality | Pursuant to the Annotated Code of Maryland, State Personnel and Pensions §5-214 Information obtained as part of an investigation conducted under this subtitle is confidential within the meaning of Title 10, Subtitle 6 of the State Government Article.
| 5 | | Reasonable Accommodations | Retaliation | It is unlawful to retaliate against individuals for opposing an alleged discriminatory activity or participating in the investigation of an alleged violation of discrimination. Any employee found to have violated Federal or State laws prohibiting retaliation may be subject to disciplinary action that includes, but is not limited to reprimand, demotion, suspension or dismissal.
| 6 | | Accordion Name : Section 1557 Information (3)
| | Section 1557 Information | Definitions | Age - how old an individual is, or the number of elapsed years from the date of an individual's birth.
Covered entity - a recipient of U.S. Federal (Federal) financial assistance, which includes MDH, the U.S. Department of Health and Human Services, and an entity established under title I of the ACA.
Disability - with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual.
Federal financial assistance - includes (1) any grant, loan, credit, subsidy, contract (other than a procurement contract but including a contract of insurance), or any other arrangement by which the U.S. Federal Government, directly or indirectly, provides assistance or otherwise makes assistance available in the form of funds, services of Federal personnel, or real or personal property or any interest in or use of such property. (2) Federal financial assistance MDH provides or otherwise makes available includes Federal financial assistance that MDH plays a role in providing or administering, including advance payments of the premium tax credit and cost-sharing reduction payments under title I of the ACA, as well as payments, subsidies, or other funds extended by MDH to any entity providing health insurance coverage for payment to or on behalf of an individual obtaining health insurance coverage from that entity or extended by the Department directly to such individual for payment to any entity providing health insurance coverage. Health program or activity
includes:
- Any project, enterprise, venture, or undertaking to:
- Provide or administer health-related services, health insurance coverage, or other health-related coverage;
- Provide assistance to persons in obtaining health-related services, health insurance coverage, or other health-related coverage;
- Provide clinical, pharmaceutical, or medical care;
- Engage in health or clinical research; or
- Provide health education for health care professionals or others.
- All of the operations of any entity principally engaged in the provision or administration of any health projects, enterprises, ventures, or undertakings described in paragraph (1) of this definition, including, but not limited to, a State or local health agency, hospital, health clinic, health insurance issuer, physician's practice, pharmacy, community-based health care provider, nursing facility, residential or community-based treatment facility, or other similar entity or combination thereof. A health program or activity also includes all of the operations of a State Medicaid program, Children's Health Insurance Program, and Basic Health Program.
Limited English proficiency (LEP) individual - an individual whose primary language for communication is not English and who has a limited ability to read, write, speak, or understand English. An individual with limited English proficiency may be competent in English for certain types of communication (
e.g.,
speaking or understanding), but still be limited English proficient for other purposes (
e.g.,
reading or writing).
Language assistance services
- include, but are not limited to:
- Oral language assistance, including interpretation in non-English languages provided in-person or remotely by a qualified interpreter for an individual with limited English proficiency, and the use of qualified bilingual or multilingual staff to communicate directly with individuals with limited English proficiency;
- Written translation, performed by a qualified translator, of written content in paper or electronic form into or from languages other than English; and
- Written notice of availability of language assistance services.
Machine translation
- automated translation, without the assistance of or review by a qualified human translator, that is text-based and provides instant translations between various languages, sometimes with an option for audio input or output.
National origin - includes, but is not limited to, a person's, or their ancestors', place of origin (such as country or world region) or a person's manifestation of the physical, cultural, or linguistic characteristics of a national origin group.
OCR
- the Office for Civil Rights of the Department.
Qualified bilingual/multilingual staff
- a member of a covered entity's workforce who is designated by the covered entity to provide in-language oral language assistance as part of the person's current, assigned job responsibilities and who has demonstrated to the covered entity that they are: (1) Proficient in speaking and understanding both spoken English and at least one other spoken language, including any necessary specialized vocabulary, terminology and phraseology; and (2) Able to effectively, accurately, and impartially communicate directly with individuals with limited English proficiency in their primary languages.
Qualified interpreter -
- For an individual with a disability
- an interpreter who, via a video remote interpreting service (VRI) or an on-site appearance:
- Has demonstrated proficiency in communicating in, and understanding both English and a non-English language (including American Sign Language, other sign languages) or another communication modality (such as cued-language transliterators or oral transliteration);
- Is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary or terms without changes, omissions, or additions and while preserving the tone, sentiment, and emotional level of the original statement; and
- Adheres to generally accepted interpreter ethics principles including client confidentiality. (i.e. sign language interpreters, oral transliterators, and cued-language transliterators)
- For an individual with limited English proficiency
- an interpreter who via a remote interpreting service or an on-site appearance:
- Has demonstrated proficiency in speaking and understanding both spoken English and at least one other spoken language (qualified interpreters for relay interpretation must demonstrate proficiency in two non-English spoken languages);
- Is able to interpret effectively, accurately, and impartially to and from such language(s) and English (or between two non-English languages for relay interpretation), using any necessary specialized vocabulary or terms without changes, omissions, or additions and while preserving the tone, sentiment, and emotional level of the original oral statement; and
- Adheres to generally accepted interpreter ethics principles, including client confidentiality.
| 1 | | Section 1557 Information | Limited English Proficiency (LEP) & Accessibility under Section 1557 | Section 1557 extends non-discrimination protections to individuals participating in any health program or activity that is a recipient or sub-recipient of Federal funding or administered by the U.S. Department of Health and Human Services, as well as Health Insurance Marketplaces and all plans offered by issuers that participate in those Marketplaces. Section 1557 requires that covered entities post, in a conspicuously visible font size, a non-discrimination statement, language accessibility statement, grievance procedure and taglines advising that language assistance is available, at no cost, in at least the top 15 languages spoken by individuals with limited English proficiency of the relevant State (Maryland).
The Department, upon request:
- Provides free aids and services to people with disabilities to communicate effectively with Department staff, such as:
- Qualified sign language interpreters
- Writing information in other formats (large print, audio, accessible electronic formats, other formats)
- Provides free language services to people whose primary language is not English, such as:
- Qualified interpreters
- Information written in other languages
To implement the standards of Section 1557, all MDH entities shall perform the following actions:
- Post requirements and taglines in the top 15 languages spoken by limited English proficient populations Statewide:
- In significant publications and significant communications (except those that are small-sized)
NOTE: The law allows for entities to exhaust existing hard copy
before producing new publications/communications with notice and taglines;
- In conspicuous physical locations where the agency interacts with the public;
- On the entity's website, accessible from the homepage.
- Small-size significant publications must post (e.g. postcards and tri-fold brochures ):
- A non-discrimination statement;
- At least two (2) taglines.
- Ensure
ALL MDH staff is aware of how to utilize Interpretation & Translation Vendors for limited English proficient constituents and Visual Communications Services for individuals who are deaf, hard of hearing or deaf-blind.
- Ensure
ALL MDH staff is aware of the MDH Reasonable Accommodations Procedures and their obligation to respond to a program participant's (active or prospective) request for auxiliary aids or an accommodation(s) due to a disability.
- Continue to post the MDH Notice to the Public Non-Discrimination Policy Statement and Complaint Procedure poster.
- Continue to post the Language Identification Cards at all reception and intake areas.
Section 1557 allots for small-sized significant publications and communications (e.g. postcards and tri-fold brochures) to cite only the non-discrimination statement and taglines in the top 2 languages spoken by individuals with limited English proficiency in Maryland. Section 1557 also allows covered entities to exhaust current stock of hard copy publications first rather than requiring a special printing of publications to include the new notice requirement.
Section 1557 does not define “significant publications and significant communications" and interprets this term broadly. The regulation does indicate that the term applies to both correspondence intended for the public at large such as outreach, education and marketing materials, as well as letters addressed to individuals that notify them of vital information or require a response from the individual.
Additional information on methods that covered entities should use to implement Section 1557 may be found at the following link: https://www.hhs.gov/civil-rights/for-providers/provider-obligations/index.html
| 2 | | Section 1557 Information | Section 1557 Grievance Procedure | It is the policy of the Maryland Department of Health (MDH) not to discriminate based on race, color, national origin, sex, age or disability. MDH has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 1557 of the Affordable Care Act (42 U.S.C. 18116) and its implementing regulations at 45 CFR part 92, issued by the U.S. Department of Health and Human Services. Section 1557 prohibits discrimination based on race, color, national origin, sex, age or disability in certain health programs and activities. Section 1557 and its implementing regulations may be examined in MDH by Keneithia Taylor, MDH Fair Practices Officer, MDH Section 1557 Coordinator, and Andrea Gillespie, MDH Equal Access Compliance Officer, MDH Section 1557 Assistant Coordinator, who have been designated to coordinate the efforts of the Department to comply with Section 1557.
Any person who believes someone has been subjected to discrimination based on race, color, national origin, sex, age or disability may file a grievance under this procedure. It is against the law for MDH to retaliate against anyone who opposes discrimination, files a grievance, or participates in the investigation of a grievance. Procedure:
- Grievances must be submitted to the Section 1557 Coordinators within (60 days) of the date the person filing the grievance becomes aware of the alleged discriminatory action.
- A grievance must be in writing, containing the name and address of the person filing it. The grievance must state the problem or action alleged to be discriminatory and the remedy or relief sought. Grievances may be submitted to the MDH Section 1557 Coordinators using the online MDH Section 1557 Discrimination Grievance Form.
- The Section 1557 Coordinators (or her/his/their designee) shall investigate the grievance. This investigation may be informal, but it will be thorough, affording all interested persons an opportunity to submit evidence relevant to the grievance. The Section 1557 Coordinator will maintain the files and records of the Department relating to such grievances. To the extent possible, and in accordance with applicable law, the Section 1557 Coordinator will take appropriate steps to preserve the confidentiality of files and records relating to grievances and will share them only with those who have a need to know.
- The Section 1557 Coordinator will issue a written decision on the grievance, based on a preponderance of the evidence, no later than 60 days after its filing, including a notice to the complainant of their right to pursue further administrative or legal remedies.
The availability and use of this grievance procedure does not prevent a person from pursuing other legal or administrative remedies, including filing a grievance based on race, color, national origin, sex, age, or disability in court or with the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR). A person can file a grievance based on discrimination electronically through the OCR Complaint Portal, which is available at: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf or by mail or phone at: - U.S. Department of Health and Human Services, 200 Independence Avenue SW., Room 509F, HHH Building, Washington, DC 20201
- 1-800-868-1019, 800-537-7697 (TDD)
HHS OCR Complaint forms are available at: https://www.hhs.gov/sites/default/files/ocr-cr-complaint-form-package.pdf. Such complaints must be filed within 180 days of the date of the alleged discrimination. IMPORTANT NOTE: MDH will make appropriate arrangements to ensure that individuals with disabilities and individuals with limited English proficiency are provided auxiliary aids and services or language assistance services, respectively, if needed to participate in this grievance process. Such arrangements may include, but are not limited to, providing qualified interpreters, or assuring a barrier‐free location for the proceedings. If you need these services, please contact MDH's health program, service, local health department or health insurance marketplace directly. The Section 1557 Coordinators will ensure that MDH provides such services free and upon request in accordance with applicable policies and regulations.
| 3 | | Accordion Name : State of Maryland FLITS Vendor Information (4)
| | State of Maryland FLITS Vendor Information | Telephonic Services | | 1 | | State of Maryland FLITS Vendor Information | Onsite Interpretation Services | Description: In-person, oral communication between speakers in different languages to and from spoken English and the native foreign language. Contractor: Ad Astra, Inc., 8701 Georgia Avenue, Suite 800 | Silver Spring, Maryland 20910 REGISTERED CUSTOMERS:
- Interpreter Request Line: 1-800-308-4807 (Press 2; have your 4-digit account number ready)
- Interpreter Request by Email: interpreting@ad-astrainc.com
- Interpreter Request by Fax: Complete the request form and fax to 301-408-4448
- Website & Online Scheduling: www.scheduleinterpreter.com/ad-astra (First-time users must contact Ad-Astra to obtain log-in credentials)
- Billing Inquiries: 301-408-4242 (ext. 113 or 115)
- Billing Inquiries: billing@ad-astrainc.com
| 2 | | State of Maryland FLITS Vendor Information | Written Document Translation | Description: Translation of written (text) documents from English into any language or any language into English. Contractor: Ad Astra, Inc., 8701 Georgia Avenue, Suite 800 | Silver Spring, Maryland 20910
All MDH entities must first submit a new client form to receive Ad Astra translation account numbers to arrange translation services. You may request and submit the form via email to translation@ad-astrainc.com.
REGISTERED CUSTOMERS (Have your Account # ready):
| 3 | | State of Maryland FLITS Vendor Information | Visual Communication Services (VCS) - EXPIRED |
Description: Sign Language, Computer Assisted Real-Time Translation (CART) and Video Remote Interpretation (VRI) either in-person, by computer or video.
Effective December 31, 2019, there is no State of Maryland contract for VCS. Currently, each MDH entity (programs, offices, boards, commissions, local health departments, and facilities) must use the State of Maryland small procurement process to secure a VCS vendor or contractor. Important Note: The Maryland Department of Health (MDH) Office of Equal Opportunity Programs (OEOP) does not endorse any specific vendor and is sharing the following resources for information purposes only. You are not limited to the resources provided below and are encouraged to vet each vendor or contractor to ensure they are best suited for your entity's needs. | 4 | | Accordion Name : Types of Discrimination (9)
| | Types of Discrimination | Age | Age discrimination involves treating someone (an applicant or employee) less favorably because of his age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is unlawful to harass a person because of his or her age. Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't 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.
| 1 | | Types of Discrimination | Disability | Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability. Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment). The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ('undue hardship'). The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired. Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law. A person can show that he or she has a disability in one of three ways: - A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
- A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
- A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).
| 2 | | Types of Discrimination | Genetic Information | Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e. family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future. Genetic information also includes an individual's request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual, and the genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology. The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. An employer may never use genetic information to make an employment decision because genetic information is not relevant to an individual's current ability to work.
Under GINA, it is also illegal to harass a person because of his or her genetic information. Harassment can include, for example, making offensive or derogatory remarks about an applicant or employee’s genetic information, or about the genetic information of a relative of the applicant or employee. 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 severe or pervasive 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 of the workplace, a co-worker, or someone who is not an employee, such as a client or customer. | 3 | | Types of Discrimination | National Origin | National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group. Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
It is unlawful to harass a person because of his or her national origin. Harassment can include, for example, offensive or derogatory remarks about a person’s national origin, accent or ethnicity. 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. The law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone, regardless of national origin, if it has a negative impact on people of a certain national origin and is not job-related or necessary to the operation of the business. An employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An “English-only rule”, which requires employees to speak only English on the job, is only allowed if it is needed to ensure the safe or efficient operation of the employer’s business and is put in place for nondiscriminatory reasons. An employer may not base an employment decision on an employee’s foreign accent, unless the accent seriously interferes with the employee’s job performance. | 4 | | Types of Discrimination | Race/Color | Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color. Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is unlawful to harass a person because of that person’s race or color. Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or color, or the display of racially-offensive symbols. 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. An employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business. For example, a “no-beard” employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African-American men (who have a predisposition to a skin condition that causes severe shaving bumps). | 5 | | Types of Discrimination | Religion | Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is illegal to harass a person because of his or her religion. Harassment can include, for example, offensive remarks about a person’s religious beliefs or practices. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t 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. Title VII also prohibits workplace or job segregation based on religion (including religious garb and grooming practices), such as assigning an employee to a non-customer contact position because of actual or feared customer preference. The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. An employer does not have to accommodate an employee’s religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.
Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts). When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation. An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment. | 6 | | Types of Discrimination | Retaliation | All of the laws we enforce make it illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit). For example, it is illegal for an employer to refuse to promote an employee because she filed a discrimination complaint with the OEOP, even if OEOP later determined no discrimination occurred. The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
| 7 | | Types of Discrimination | Sex | Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex. Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex. Discrimination against an individual because that person is transgender is discrimination because of sex in violation of Title VII. This is also known as gender identity discrimination. In addition, lesbian, gay, and bisexual individuals may bring sex discrimination claims. These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person's non-conformance with sex-stereotypes.
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is unlawful to harass a person 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. An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business. | 8 | | Types of Discrimination | 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.
| 9 |
|
