# Presentation: 280346

## Introduction to Equal Rights

-  The Federal Emergency Management Agency Office of Equal Rights

## Introduction to Equal Rights Course Outline

- Overview of FEMA’s Office of Equal Rights
- Who is the Equal Rights Officer?
- What is the role of the ERO?
- Equal Opportunity Employment and Appropriate and Professional Workplace Behavior
- Civil Rights
- Group exercise
- Summary and Final Exam

## Overview of FEMA’s Office of Equal Rights

- The organization responsible for overseeing and administering FEMA’s Equal Rights Program
- Located at FEMA Headquarters.
- Responsible for two major areas: Civil Rights and Equal Employment Opportunity (EEO).  Separate teams within OER deal with each area.

## Civil Rights and Equal Employment Opportunity Defined

- Civil Rights protection refers to freedom from discrimination for any person eligible to receive disaster aid or other services from FEMA.
- EEO provides protection for all FEMA personnel from discrimination on the basis of:

## Categories of Protection

-  Race
-  Color
-  National Origin
-  Sex (Sexual Harassment)
-  Age (40 and up)
-  Disability
-  Religion
-  Retaliation/ Reprisal

## Services provided by the Office of Equal Rights 

- EEO counseling
- Alternative dispute resolution
- Conflict resolution
- Complaints processing and resolution
- Technical Assistance.

## Who is the Equal Rights Officer?

- The FEMA staff member(s) that represent the Office of Equal Rights (OER) at the DFO and DRC.
- One or more ERO may be deployed to a DFO.
- Part of a national cadre that supports FEMA’s disaster mission by working to achieve the goals of the OER.
- Stafford Act Employees.
- Come from three main groups: human resources managers and consultants, EEO professionals and attorneys, and leaders/activists in Community Organizations.

## Who is the Equal Rights Officer? (continued)

- Part of a national cadre, they usually serve a four week or 30 day rotation.
- Has a telephone number which is located on ERO posters at all FEMA facility entrances. Persons with civil rights concerns can call 1-800-621-FEMA (TTY 1-800-462-7585) to reach the ERO.

## The Roles of the Equal Rights Officer at the DFO  

- Provides advice and guidance to the FCO on EEO and Civil Rights matters.
- Presents training on sexual harassment prevention, cultural diversity, and the EEO process.
- Participates in FCO, Federal/State, and staff meetings.
- Assists in quickly resolving EEO Issues.
- Processes all EEO complaints that can’t be resolved informally.
- Provides guidance to ensure equal opportunity for local hires

## The Roles of the ERO Outside the DFO  (External/Civil Rights) 

- Attempts resolution of complaints when applicants for assistance allege civil rights violations.
- Provides guidance in civil rights matters for elderly, disabled, minority, or low income disaster survivors.
- Visits state officials and participates in community and local organization meetings.
- May assist in determining DRC locations.
- Visits DRCs and evaluates access to FEMA programs and services and accessibility to FEMA facilities.

## Equal Employment Opportunity Policy

-  “It is the policy of FEMA to provide equal employment opportunity for all employees and applicants in every aspect of their employment and working conditions.  FEMA supports the concept of affirmative employment to ensure that personnel policies and practices provide equal employment opportunity without regard to race, color, national origin, sex (sexual harassment), age, disability, religion, retaliation/reprisal.”

## Examples of EEO Violations

- A qualified employee is passed over for a promotion based upon their ethnicity.
-  A person who uses a wheelchair and could perform necessary job tasks is not hired because hiring personnel don’t want to accommodate the applicant’s special needs.
- An employee receives unwanted sexual advances from their supervisor and is threatened with reprisal if he/she won’t go out to dinner with the supervisor.

## Examples of Inappropriate and Unprofessional Workplace Behavior

- Inappropriate ethnic terms are used at the workplace.
- A supervisor displays a cartoon in the office that pokes fun at a particular religious group.
- Unwelcome references such as “Babe” or “Doll” are used in the workplace.
- How could these behaviors result in a perception of discrimination?

## FEMA is Concerned About EEO and Appropriate Workplace Behavior Because:

- FEMA is obligated to and believes in upholding Federal laws.
- These laws promote an atmosphere of fairness and equality for all employees.
- They help contribute to FEMA’s overall mission of providing disaster assistance to disaster victims by ensuring a fair and effective workplace.

## The EEO Complaint Process

-  The EEO complaint process involves two separate complaint levels:
- The Pre-complaint Process where the ERO attempts to resolve the matter informally through counseling and other techniques.
- The Formal Complaint Process  where a written complaint is filed when attempts to resolve the matter informally are unsuccessful.

## The EEO Pre-complaint Process -Initial Contact

- 	The employee or applicant for employment must contact the FEMA Office of Equal Rights within 45 calendar days of the alleged discriminatory incident for assignment of an EEO Counselor (ERO).

## The EEO Pre-complaint Process - Informal Resolution

- The ERO will attempt to resolve the matter informally within 30 calendar days of initial contact. If the matter cannot be resolved, employees or applicants may file a formal complaint.
- The ERO provides advice and guidance at the earliest stage possible using such methods as counseling, mediation, and alternative dispute resolution.

## The EEO Formal Complaint  Process   

- If the pre-complaint process has been completed and the EEO issue is still not resolved, the ERO must advise the employee or job applicant in _writing_ about:
- His or her right to file a formal complaint
- The timeline and procedures involved in filing a formal complaint.

## The “No Fear” Act   

- The Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (No FEAR Act), was signed into law May 15, 2002.
- Intent is to increase accountability of Federal Agencies for acts of discrimination or reprisal.
- Agencies are required to post on their public websites summary statistical data relating to EEO complaints filed against the agency.
- FEMA places this information on their website  in accordance with this act. The web address is: http://www.fema.gov/oer/eeo_data_excel.shtm

## Civil Rights  

- Any person eligible to receive disaster aid or other services from FEMA is entitled to those benefits without discrimination based upon:
- Race					Disability
- Color					Religion
- National Origin			Retaliation
- Age					Economic Status
- Sex (Sexual Harassment)

##      Examples of Civil Rights  Discrimination 

- The Red Cross Provides inadequate supplies to the minority population in a certain area.
-  An individual receives less in housing aid than his neighbor due to his race.
-  A DRC is located in a physically inaccessible building.
- Information about assistance is only available in English in an area where a language other than English is spoken by large numbers of residents.

##      Intentional Discrimination and Disparate Impact

-  Intentional Discrimination means that the person knows that they are discriminating against someone, but does it anyway.
-  Disparate Impact means that the discrimination isn’t intentional, but a statistical case has been made that a group protected by law has been disproportionately impacted in some way.

## FEMA Is Concerned About Civil Rights Protection For Disaster Victims Because:

- It’s the law.
- It helps contribute to FEMA’s overall mission of providing disaster assistance to all disaster victims.
- Civil rights discrimination can result in very negative press coverage toward FEMA.

## The Civil Rights Complaint Process

- Civil rights discrimination complaints can be made by contacting FEMA. 90 percent of complaints are made through the FEMA Helpline.
- The FEMA Equal Rights Officer will try to resolve the matter informally if possible.
- If the matter is not resolved, a written complaint can be filed.
- FEMA investigates and attempts to resolve violations if complaint is accepted.
- If negotiations to correct a violation are unsuccessful, enforcement proceedings may be instituted. If complainant isn’t satisfied with the outcome, they can take legal action.

##      Civil Rights or EEO Issues?

- 1. A male employee alleges he was not promoted because       he is Hispanic
- 2.  A woman using a wheelchair alleges she cannot get into the DRC because it is not accessible
- 3.  A 51 year old woman alleges she was transferred because of her age
- 4.  An employee alleges he was denied overtime after filing an EEO complaint
- 5.  A supervisor uses demeaning terms when addressing women.

## Group Activity – Case Studies   

## Summary

- It is FEMA’s policy to provide equal opportunity for all.
- The ERO is not an advocate for either side (employees or management).
- The ERO is oriented toward prevention and early resolution of complaints or issues.
- Anyone who believes he or she has been discriminated against may file a complaint if informal resolution fails.

## Final Exam (Open Note/Open Book)