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EXECUTIVE SUMMARY 3
A. Introduction and Procedure 3
B. Limitations 4
C. What is a "best" practice? 5
D. "Best" Practice Findings 6
E. Statutory, Regulatory, Policy, and Operational Changes 9
1. Statutory, Regulatory, and Policy Considerations 9
2. Operational Considerations 10
a. EEOC Education, Technical Assistance, and Outreach Programs 10
b. Recommendations 11
INTRODUCTION 15
A. Focus of the Task Force 15
B. Methodology 18
C. Organization of the Report 20
D. Acknowledgments 21
b. Stereotypes 28
c. Prejudice 29
d. Perception of Loss by Persons Threatened by Equal Employment Opportunity Practices 29
e. Ignorance 29
f. Other Barriers 29
2. More Specific Barriers 30
a. Barriers to Recruitment and Hiring 30
b. Barriers to Advancement and Promotion 30
c. Barriers in Terms and Conditions 31
d. Barriers in Termination and Downsizing 31
e. Barriers in Alternative Dispute Resolution 31
C. A "best" practice manifests management commitment and accountability. 31
D. A "best" practice ensures management and employee communication. 32
E. A "best" practice does not cause or result in unfairness. 32
F. A "best" practice produces noteworthy results. 33
G. Other Considerations 33
b. Communications 295
c. Coordination 295
d. Settlement Agreements and/or Consent Decrees 296
APPENDICES
APPENDIX A
FACTS ABOUT RACE/COLOR DISCRIMINATION 305
Race-Related Characteristics and Conditions 305
Harassment 305
Segregation and Classification of Employees 306
Pre-Employment Inquiries 306
FACTS ABOUT NATIONAL ORIGIN DISCRIMINATION 307
Speak-English-Only Rule 307
Harassment 307
Immigration-Related Practices which may be Discriminatory 308
FACTS ABOUT RELIGIOUS DISCRIMINATION 309
WAGE DISCRIMINATION UNDER THE EQUAL PAY ACT AND TITLE VII 311
A. Equal Pay Act 311
B. Wage Discrimination under Title VII 312
FACTS ABOUT PREGNANCY DISCRIMINATION 313
Hiring 313
Pregnancy and Maternity Leave 313
Health Insurance 313
Fringe Benefits 314
FACTS ABOUT SEXUAL HARASSMENT 315
FACTS ABOUT THE AMERICANS WITH DISABILITIES ACT 317
Medical Examinations and Inquiries 317
Drug and Alcohol Abuse 318
EEOC Enforcement of the ADA 318
FACTS ABOUT AGE DISCRIMINATION 319
Apprenticeship Programs 319
Job Notices and Advertisements 319
APPENDIX B
GLASS CEILING REPORT ON STEREOTYPES 321
APPENDIX C
HIRING 325
PROMOTION AND ADVANCEMENT 326
TERMINATIONS AND DOWNSIZING 326
Denise Esterley
Wanda Flowers
Pat Foley
Jay Friedman
Patricia J. Gonzales
W. S. Grabon
Mary Grady
Valerie Greer
David Grinberg
Adam Guasch-Melendez
Joe Harris
Frances M. Hart
John C. Hendrickson
Evelyn Idelson
Nicholas Inzeo
Frank L. Iske
Clementine Jackson
Linda M. Jackson
Issie L. Jenkins
Shirley Johnson
Dianna Johnston
Christopher Kuczynski
Gerald Letwin
Naomi Levin
Stephen Llewellyn
Philip Lyons
Peggy Mastroianni
Mike McCarthy
Sherman McDaniel, Jr.
Susan L. McDuffie
Cassandra Menoken
Carol Miaskoff
P. Sharon Miller Mauney
J. Kenneth L. Morse
Deanna Moynihan
Joachim Neckere
Pam O'Leary
Cynthia G. Pierre
Dorothy Porter
Jerome C. Rose
Vicki Rovira-Gonzalez
John Rowe
Jim Sacher
Jocelyn Samuels
Leo Sanchez
Jerome Scanlan
Thomas J. Schlageter
John Schmelzer
Carol Sellman
Shirley Smith
Maria Soto
EXECUTIVE SUMMARY
A. Introduction and Procedure
Commissioner Reginald E. Jones was appointed by Chairman Gilbert F. Casellas to head the Task Force to study "best"
equal employment opportunity policies, programs, and practices of private sector employers. While the Equal Employment
Opportunity Commission (Commission or EEOC) is the enforcement agency responsible for compliance with its statutory
mandates, the Commission has an important role in facilitating voluntary compliance through education, training, outreach,
and policy guidance. Indeed, the primary goal of the Task Force is to facilitate voluntary compliance in its examination of
business policies, programs, and practices that will be useful to employers in structuring systems and policies that are
consistent with their business priorities as well as with their equal employment opportunity (EEO) obligations and diversity
objectives. The Task Force also has presented employers with the opportunity to showcase those policies, programs, and
practices of which they are particularly proud.
Accordingly, the Task Force set out to look at noteworthy business practices by which employers are complying with their
EEO obligations and diversity objectives, especially practices thought of as creative or innovative. The Task Force also set
out to catalogue its findings in such a way that they will be useful to employers, especially smaller and medium-sized
employers that are less likely to employ professional personnel and legal staffs. Additionally, ideas were solicited about how
the Commission could better assist entities in developing best policies, programs, and practices. The Task Force thus
examined what statutory, regulatory, policy or operational changes by the Commission may better facilitate the development
of best policies, programs, and practices.
The Task Force divided its study of policies, programs, and practices into six major groupings: (1) recruitment and hiring;
(2) promotion and career advancement; (3) terms and conditions; (4) termination and downsizing; (5) alternative
dispute resolution; and (6) other. The focus of "recruitment and hiring" is on affirmative recruitment programs designed to
create a diverse workforce, such as internships, recruitment strategies, and education and training programs used for hiring.
The focus of "promotion and career advancement" is on programs that have eliminated barriers to the advancement of
women, people from diverse ethnic and racial groups, persons with disabilities, and older workers (those forty or older).
Such programs as mentoring, education and training for purposes of promotion, and career enhancement initiatives were
considered in this group. The focus of "terms and conditions" is on disability and religious accommodation programs, and on
sexual harassment, pay equity, insurance, employee benefits, and work-life and family-friendly policies and practices. The
focus of the section on "termination and downsizing" is on such areas as retraining and placement programs for employees
displaced by downsizing programs, nondiscriminatory early retirement programs, and insurance. "Alternative dispute
resolution" focuses on early resolution of employment discrimination complaints and voluntary and effective alternative
dispute resolution programs. The "other" category embraces any other policies, programs, or practices not readily
identifiable in the previous five groups or where there was an overlap between or among groups.
Since management commitment and accountability are driving forces behind a company's EEO policies, programs, and
practices, it was decided to devote a part of the discussion in the report to this factor as well, thus creating a seventh
grouping of "management commitment and accountability." In terms of commitment, the Task Force looked at what
management was saying and doing. In terms of accountability, the Task Force looked at tools such as performance
appraisals, compensation incentives, and other evaluation measures to reflect a manager's ability to set high standards and
demonstrate progress.
The Task Force also decided to discuss a group of companies that have EEO programs that are particularly noteworthy
from a comprehensive perspective. These companies addressed most, if not all, of the elements delineated above and
deserve comprehensive recognition for their programs. The Task Force, in addition, recognized various partnerships,
involving companies and the facilitation of employment opportunities with other organizations and/or individuals.
The Task Force developed criteria setting forth what a "best practice" is and does, which will be discussed, infra. The best
practices selected were generally viewed in terms of those criteria. The Task Force also focused on those submissions that
were more detailed in terms of the description of the practice and how it worked, and that persuasively explained why the
practice was of a noteworthy nature. Furthermore, the Task Force favored those practices that were presented with
supporting data as to their effectiveness.
From the outset, submitting employers recognized that the information the Task Force was seeking went beyond simple
compliance with the EEO laws enforced by the EEOC. When they received the Task Force request to hear about "Best
Practices," they knew that this meant more than just complying with the minimum requirements of the law. No, this term
inherently focuses on what a company is doing at the level of compliance and beyond.
B. Limitations
Unfortunately, time and financial resources limited the scope of the group's work. The Task Force, as a whole, did not have
the luxury of conducting site visits or validation studies of the submissions. Essentially, work was begun with an exhaustive
review of the "best practices" literature. Thereafter, paper examinations were conducted relying on stakeholders'
submissions at face value, although follow-up was done, where it was available and felt to be helpful. In sum, the Task
Force essentially considered whether the practice complied with the law, whether it would likely promote effective equal
employment opportunity strategies, considering the barrier or barriers it was designed to address, and its fairness. Of
course, the additional element of demonstrable results was considered where available.
The recognition of best practices in this report is a qualified one. The Task Force believes, however, that if appropriately
implemented, considering the factual circumstances surrounding the implementation, the cited practices will be reasonably
likely to promote equal employment opportunity. Indeed, the Task Force takes as a given that in each instance the submitter
believes the practice has been highly successful in the promotion of equal employment opportunity and/or diversity, and,
thus, is deserving of recognition.
The Task Force wishes to stress that a best practice may not be universally replicable on a successful basis regardless of
employer or industry. We think, however, that the recognition of the practices in this report can provide some of our
stakeholders valuable ideas on what has worked for other stakeholders. Such practices may very well be the basis for
replication, although individual tailoring to the requirements of the individual worksite may be necessary.
Moreover, the Task Force notes that citing an employer for a best practice does not mean that employer is necessarily a
model equal employment opportunity employer generally. A cited practice involves only a specific area of equal employment
opportunity. This is because it is possible, for example, that an employer may have an excellent sexual harassment program
and policy, yet that same employer may not have an effective policy on the employment of people with disabilities. A model
employer must necessarily do many things, involving a multitude of areas, in a commendable manner. We emphasize,
however, that even those employers generally cited for recognition may not be immune from criticism, given the parameters
and limitations of the Task Force's study.
In sum, since time and resource constraints made it impossible to validate the accuracy of the submissions, or to assess
how they are being implemented, it is important to emphasize that the Commission is not endorsing any particular policy,
program, or practice. Rather, the Commission's goal is to identify and disseminate information about practices currently
being implemented by employers which are likely to promote voluntary compliance with the laws enforced by EEOC.
of actions that conscientious employers can take to address EEO and diversity issues: STUDY, PLAN, LEAD,
ENCOURAGE, NOTICE, DISCUSSION, INCLUSION, and DEDICATION. A further explanation of the concepts behind the
letters of the acronym is summarized on the following page:
That commitment includes obtaining input from internal and external stakeholders about the type and kind of policy
guidance we should issue. The Office of Legal Counsel, which is primarily responsible for development of policy for
consideration by the Commission, regularly meets with a broad range of external stakeholders, including personnel from
other federal agencies, to seek input on policy issues. The development of policy is also driven by the types of issues that
are reflected in our charge inventory and litigation docket, and by input from investigators and attorneys in the field. The
Task Force believes that the Commission should continue to facilitate accessibility and responsiveness on policy issues,
and continue to welcome advice and comment from stakeholders on how it may better serve the public interest.
A summary of the Task Force's recommendations is as follows:
The Task Force recommends that the Commission place greater emphasis on the development of procedural and
substantive guidances.
The Task Force encourages a comprehensive and speedy review of Volume II of the Compliance Manual with input from
external stakeholders in close coordination with the Commission staff.
2. Operational Considerations
One of the key factors in implementing best practices is for those affected by EEO laws to be well informed about their
rights and responsibilities under those laws. This section of the Best Practices Task Force Report assesses what the
Commission can do operationally to facilitate the development and implementation of best equal employment opportunity
policies, programs, and practices. A Task Force committee was assigned to address this area.
(1) national and local enforcement plans [NEP & LEP] (which pledge the Commission to education, outreach, and voluntary
resolution as tools to eliminate workplace discrimination); (2) the revolving fund (which produces the agency's fee-paid
technical assistance program seminars [TAPS] across the country); and (3) participation of headquarters and field office
personnel in thousands of nationwide conferences, meetings, and seminars annually.
b. Recommendations
In its discussions with field office staffs and external stakeholders, the Task Force received many comments and
suggestions about what EEOC can do to improve both its fee paid and no-fee education and technical assistance programs
in advancing the development of best practices, and the role of agency enforcement activities and general operations in
helping employers develop best practices. All of these comments and suggestions were considered by the Task Force and
many of them have merit. However, in times when Commission resources are limited and demands placed upon those
resources are heavy, policy choices placing new stress on those resources are difficult to make. Thus, suggestions entailing
large new cost outlays were generally not adopted. Moreover, some of the comments did not appear to be relevant to Task
Force issues, or bore significant implications beyond the scope of this report. The Task Force has sought to address the
concerns of all stakeholders, and these concerns played a key role in the formulation of its recommendations.
The Task Force's recommendations fall into four primary areas. First, the Task Force recommends that the Commission be
more involved in providing employers assistance in implementing best practices. This includes providing technical
assistance on-site, where possible, collecting best practices information and models, establishing industry liaison groups,
providing more materials, and providing easier and more frequent access to Commission programs. Second, the Task Force
recommends that the Commission engage in various communications initiatives. This includes encouraging employers to
give their evaluations of Commission activities in education, technical assistance, and outreach, so that the Commission can
be even more responsive to employer needs. Third, the Task Force recommends certain coordination initiatives in order to
facilitate greater effectiveness and efficiency in the planning and delivery of the Commission's programs. Fourth, the Task
Force has made recommendations concerning the use of its settlement agreements and/or consent decrees. A summary of
the Task Force's recommendations is as follows:
Commissioner-led outreach activities across the country should continue, with particular emphasis in areas which
historically have been underserved by EEOC.
Technical assistance should be provided on-site.
Collect best practices information and models on an ongoing or periodic basis, and provide such information in TAPS
presentations and other Commission programs.
Office of Research, Information and Planning should provide research support and general industry or sector
employment and best practices analyses in support of the field offices' NEP/LEP outreach, education, and technical
assistance.
Establish industry liaison groups, to the extent possible, within each district office jurisdiction.
Revolving Fund Division, Office of Field Programs (OFP), should continue to explore alternative ways to effectively
reach nonprofit organizations and small businesses in low cost and more affordable venues and formats.
Consider holding public hearings, to the extent possible, around the country and/or consider holding a few Commission
meetings outside of Washington, DC.
Continue to encourage open communications with employers who need help from EEOC in changing their current
policies and practices.
OFP should report annually on the status and accomplishments of the Revolving Fund and other education, technical
assistance, and outreach
programs. The report should include an evaluation and presentation of best practices.
TAPS attendees should be asked how and to what extent the program facilitated their compliance with the law and if so,
whether it facilitated best practices.
To the extent possible, additional resources should be devoted to the agency's no-fee education, technical assistance,
and outreach programs.
OFP and Office of General Counsel should compile and catalogue best practice settlement agreements and/or consent
decrees.
***************
This report should be thought of, not as a blueprint, but more as an idea bank that can be drawn upon broadly by one and
all. The Task Force report's findings and recommendations are not meant to require employers to adopt certain practices or
policies to comply with any of the laws enforced by EEOC.
INTRODUCTION
Commissioner Reginald E. Jones was appointed by Chairman Gilbert F. Casellas to head the Task Force to study best
equal employment opportunity policies, programs, and practices of private sector employers. While the Commission is
responsible for enforcing a variety of statutes, it also has an important role in facilitating voluntary compliance through
education and training, outreach, and policy guidance.
EEOC is pleased to present this report of "best" practices in private sector equal employment opportunity compliance. The
Task Force hopes that the information contained herein will be an important resource for employers in meeting their EEO
responsibilities.
Thereafter, paper examinations were conducted relying on submissions at face value, although follow up was done, where it
was available and felt to be helpful. The Task Force examined the submissions to see how the policy or practice was
implemented, who was accountable for success of the policy or practice, how was the policy or practice communicated, and
what was the employer's commitment to the policy or practice. The Task Force generally accepted as accurate whatever
commitment, communication, accountability, and implementation factors were reported by the companies, as well as the
results. In sum, the Task Force's review considered whether the practice was in compliance with the law, whether it would
"likely" promote effective equal employment opportunity strategies, and whether the practice was fair.
The Task Force's recognition of best practices in this report is a qualified one. However, the Task Force believes, that if
appropriately implemented, considering the factual circumstances surrounding the implementation, the cited practices would
be reasonably likely to promote equal employment opportunity. Indeed, the Task Force recognizes that the companies
submitting the policies and practices believe they have been highly successful in the promotion of equal employment
opportunity and, thus, are deserving of recognition.
The Task Force wishes to stress that a best practice may not necessarily be universally replicable on a successful basis
regardless of employer or industry. We think, however, that the recognition of the practices in this report can give employers
valuable ideas on what has worked for other employers, and stimulate development of new approaches to old problems.
Such practices may very well be the basis for replication, although individual tailoring of the practice to the requirements of
the individual employer or worksite may be necessary.
Finally, the citation of an employer for a best practice does not necessarily mean that it is a problem-free model equal
employment opportunity employer. A cited practice may involve only a specific area of equal employment opportunity. For
example, an employer may have an excellent sexual harassment policy and program, but may not have an effective policy
on the employment of people with disabilities. A model employer must necessarily do many things, involving a multitude of
areas, in a commendable manner. We emphasize, however, that like most employers, those employers found to be
comprehensively noteworthy in this report are not necessarily immune from criticism, given the parameters and limitations of
the Task Force's review of submitted material.
B. Methodology
The Task Force had numerous meetings. At the outset, these meetings focused on the process of gathering the required
information - primarily in the form of answering the questions of how, what, and to whom to communicate the Task Force's
interest in best equal employment opportunity compliance efforts. Initially, the Task Force sent letters directly to all
employers with 25,000 or more employees, a total of some 231 companies, informing the employers of the creation of the
Task Force and its mission. These companies employ 30% of the employees covered by the Commission's EEO-1 reports,
and were felt to represent a statistically significant slice of all American workplaces.
The Task Force also sent more than 100 letters informing a wide variety of
associations representing employers, employees, and civil rights groups about the Task Force and its mission. The hope
was that the organizations would further spread word of the Task Force and its mission to their members.
Further, the Task Force prepared and sent a survey questionnaire to nine organizations (limited to nine in accordance with
the requirements of the Paperwork Reduction Act) selected to represent a broad cross-section of our stakeholders. These
included:
AFL-CIO;
Equal Employment Advisory Council;
Equal Employment Opportunity Committee of the Labor and Employment Law Section of the American Bar Association;
Leadership Conference on Civil Rights;
National Association of Minority Contractors;
National Association of Manufacturers;
Sub-Sections (II. C. through II. I.) identify noteworthy companies in the seven major groupings, including management
commitment and accountability.
In Sub-Section (II. J.) the Task Force discusses noteworthy partnership arrangements (i.e., entities or organizations that
assist other companies in forming positive employment relationships, including EEO and diversity considerations).
Please note that colored paper is used in the second section to assist the reader in comprehending the underlying
organization of the material, and to aid in quick identification of the sub-parts. The buff-colored pages have summaries of
the companies' submittals that are being featured. The blue-colored pages contain even briefer summaries of all of the
company submittals for each of the seven major groupings identified above. They are intended to help the reader see at a
glance, by each major group, the wide variety of approaches that the companies have submitted.
Section III sets forth the Task Force's "Best" Practice Findings. The Task Force approaches its findings from two
perspectives. First, it gives a general perspective, in macro terms, for approaching a noteworthy EEO and diversity program.
Second, it gives a more specific perspective correlated to each of the seven groupings or areas.
Section IV considers possible Commission regulatory, policy, and operational changes, as well as any statutory changes
that may be necessary to facilitate best practices. The Task Force reviewed the statutes enforced by the Commission, as
well as its regulations, policies, and operations to determine whether changes made or recommended by the Commission
might facilitate the development of best policies, programs, and practices. This section sets forth the Task Force's
recommendations.
Section V includes the index of companies participating in the Task Force study.
Some of the Commission's guidelines on the law are included in the Appendices.
Finally, the Task Force wishes to make it abundantly clear that the Task Force is not telling employers how they must
comply with the law. Rather, it is the hope that this report will help and guide employers in complying with the law, and more.
D. Acknowledgments
A number of agencies, organizations, and institutions provided invaluable assistance to the Task Force by sharing their
resource information about companies. These are listed below:
Department of Education's Office of Special Education and Rehabilitative
Services;
Department of Energy's Office of Civil Rights;
Department of Labor's Office of the Secretary, the Office of Federal Contract Compliance Programs, and the Women's
Bureau;
General Accounting Office;
Merit Systems Protection Board;
Glass Ceiling Commission;
President's Committee for the Employment of Persons with Disabilities;
American Bar Association's Equal Employment Opportunity Committee;
Catalyst;
Chicago Area Partnership;
Edison Electric Institute;
Equal Employment Advisory Council;
B. A "best" practice promotes equal employment opportunity and addresses one or more barriers
that adversely affect equal employment opportunity.
We will first discuss those barriers that affect equal employment opportunity in a general manner, as distinguished from
barriers that are specific to the particular type of employment action. The general barriers also tend to be socially
counterproductive, while the specific barriers are more indigenous to the employer. Finally, the barriers, general or specific,
can serve to discriminate against minorities, women, persons with disabilities, and older workers and accordingly serve to
deny them equal employment opportunity. We do not attempt to delineate a comprehensive list of these barriers. Rather,
what follows is for illustrative purposes.
religion, age, and disability. Thus, it can lead to a bias and an unwillingness to employ people unlike oneself. For example,
women have justifiably complained that the old boy network, with business deals and decisions being made, and
professional relationships and alliances being formed in conjunction with male bonding activities, creates a glass ceiling
limiting the advancement of women. Perceived cultural differences and ethnocentrism can also feed on the "like me"
syndrome and may result in the denial of equal employment opportunities.[3]
The "like me" syndrome can also influence an employer's assessment on the norms of performance. Thus, there may be the
perception that someone "different" is less able to do the job and that someone "like me" is more able to do the job. This can
further adversely affect equal employment opportunity for minorities, women, persons with disabilities, and older workers.
b. Stereotypes
People may have stereotypes of other individuals based on their race, color, religion, national origin, sex, disability, and age.
Many times these stereotypes are negative and erroneous, and thus adversely affect the targeted employees.[4] Such
stereotypes can breed subtle racism, sexism, prejudice, and discomfort. Stereotypes must be addressed in the EEO context
because they may be used as "factual" bases for employment decisions.[5]
On the other hand, people may have stereotypes of what makes a good employee or successful executive (e.g., that young
white males generally are positive role models of excellent employees or of good citizens, while African American males are
not; or that Asian Americans are "model minorities," but not fully accepted "Americans;" or that women are too soft, caring,
or concerned about human relations to be strong, decisive managers, etc.). Such stereotypes, especially if they are the
underlying beliefs and attitudes that form the bases of employment decisions, can also adversely affect other individuals
who are members or non-members of any of the numerous diverse groups in our society or in the workplace.
c. Prejudice
It cannot be denied that there may be instances of outright bigotry on the part of an employer or its management for or
against a targeted group. Hopefully, thirty years after the enactment of Title VII, such cases of outright prejudice in the area
of equal employment opportunity should be rare. But experience tells us that this most basic type of discrimination still
exists. [6]
e. Ignorance
Employers, especially smaller entities, may just not be well-versed in the requirements of equal employment opportunity.
Acts of discrimination committed in this context may be the result of ignorance. Employers may not know how the law
applies because they have received poor or inaccurate advice. Even the largest employers may have managers who are
not well-versed in the EEO laws. To a large degree, stereotyping feeds on ignorance, but the repercussions of ignorance go
much farther than stereotyping.
f. Other Barriers
Of course, there are other barriers to equal employment opportunity. Lack of education is perhaps the most significant. Without
education, most employment opportunities are foreclosed. Indeed, for most higher paying employment opportunities, higher
education is a prerequisite.
Unequal pay.
Counterproductive behavior and harassment in the workplace.
Employer policies that are not family friendly.
Inflexible hours and working conditions.
Failing to provide reasonable accommodation to qualified individuals with disabilities.
Failure to accommodate religious needs.
CEO speeches to employees and letters from employees to management. Information about equal employment policies,
programs, and practices should be distributed to all employees, informing everyone of management's positions on the
various aspects of equal employment opportunity. Employers should continually communicate career opportunities to all
employees, including competencies, skills, and abilities required. With communication, management and employees are
able to understand equal employment opportunity programs and their goals, ascertain to what extent the goals are being
met, and work together to make programs better.
G. Other Considerations
.
The Task Force also looked at the innovative aspects of the practices submitted for consideration. However, innovation was
not necessarily a prerequisite to being a "best" practice. Rather, the paramount consideration was the evidence that the
practice worked well within the context of the criteria just discussed. Finally, the Task Force also checked to ensure that
there were no indications, based on Commission compliance reviews, of substantial noncompliance by the employer with
any civil rights laws under the Commission's jurisdiction.
report.
Accordingly, the Task Force, as a whole, did not conduct site visits or do validation studies of the submissions. Essentially,
the Task Force process consisted of paper examinations relying on employer submissions at face value, although follow up
was done, where it was felt to be helpful.
The Task Force essentially considered whether the practice complied with the law, whether it would promote equal
employment opportunity and remove the barrier or barriers it was designed to address, and its fairness. Even with these
three factors, the Task Force could not make definitively final and ultimate conclusions, because specific factual
circumstances could come into play that could vitiate these factors.
Nevertheless, the Task Force considered the employer's belief that its practice was a commendable one. Of course, such a
belief by the employer does not by that fact alone make the practice a best practice. The Task Force thus evaluated whether
the employer's belief was reasonable within the framework of the above factors, keeping in mind that definitively final and
ultimate conclusions could not be made given the limits of the Task Force's evaluation. Even with these limitations, the Task
Force believes that much can be gained from an examination of the "best" practices reviewed in this report.
In conclusion, the Task Force's recognition of best practices in this report is a qualified one. The Task Force believes,
however, that if appropriately implemented, considering the factual circumstances surrounding the implementation, the cited
practices would be reasonably likely to promote equal employment opportunity.
The Task Force is most appreciative of those stakeholders who took the time and effort to share their best practices with us.
However, the Task Force stresses that a best practice may not necessarily be universally replicable regardless of employer
or industry. We think, nevertheless, that the recognition of the practices in this report can give employers valuable ideas on
what has worked for other employers. The Task Force hopes that at least many of the examples of best practices can act as
a framework or prototype by which other employers can develop similar programs and/or policies. However, employers may
need to tailor the practices to their own needs and circumstances.
The Task Force has tried to faithfully and accurately describe the policies, programs, and practices for which the companies
are recognized. The Task Force has relied to the utmost on the companies' submissions, and regrets any misstatements
that might inadvertently occur in the description of the companies' policies, programs, and practices.
Finally, since time and resource constraints made it impossible to validate the accuracy of the submissions, or to assess
how they are being implemented, it is important to emphasize that the Commission is not endorsing any particular policy,
program, or practice. Rather, the Commission's goal is to identify and disseminate information about practices currently
being implemented by employers which are likely to promote voluntary compliance with the laws enforced by EEOC.
;
terms and conditions; termination and downsizing; alternative dispute resolution; other policies, programs and practices; and the
subsequently added seventh category of management commitment and accountability. The idea was to allow even companies
that had not put together comprehensive programs, but had succeeded in crafting one or more exemplary policies, to participate
in the best practices discussion.
However, as work progressed on the submissions made by various companies, it became clear that a number of them had
done outstanding work in formulating comprehensive EEO and diversity strategies. Further, these companies impressed the
Task Force with their ability to integrate workplace EEO and diversity into their basic business plans. The latter concept, i.e.,
that in a diverse nation and in a diverse world, having a diverse workforce is, at least, a business asset and, more likely, a
business necessity, is the primary revelation of the work done by the Task Force.
Accordingly, the Task Force decided to select a number of companies, that it thought presented noteworthy comprehensive EEO
programs, addressing most, if not all, of the specific areas set forth for discussion. To view a company's set of programs, as a
whole, instead of piecemeal, has the advantage of allowing the reader to see how the company integrates its programs into
various operations of the company.
This is not to say that these companies are exemplary in all of the discussed areas. Rather, the selected companies were
chosen for the comprehensiveness of their programs. In addition, we concluded, based on the materials presented by the
companies, that the programs went above and beyond the requirements of the law, addressed many barriers to equal
employment opportunity, and did not cause or result in unfairness.
The selected companies are discussed in alphabetical order.
,
focuses on the high school and college students who live in DC. In 1995, there were six students in the program.
The second program, Do The Write Thing
,
is an outreach initiative to curb urban violence and provide highly motivated youth with positive alternatives. It provides middle
school students with a variety of office skills and other practical work experience. In place of salary, the students receive
specifically designated savings accounts that they can use when they graduate from high school. Three students were sponsored
last year, and five will be sponsored this year. The students all come from Francis Jr. High School, which is located across the
street from BNA's headquarters building.
BNA makes an effort to adapt working schedules to child care and other family needs where possible, recognizing that in
some working units the demands of the business leave little room for flexible schedules. There have been several
alternative work pattern arrangements in different units at BNA, including a formal telecommuting program in the Indexing
Department.
The BNA-Guild Work & Family Committee informs employees on work and family opportunities. Family services include
child care and elder care referral services through the employee assistance plan, subsidized emergency back-up child care
at a nearby day care center, and providing for priority placement at a child care center in Shady Grove, MD. BNA contracts
with the Capital Kids to provide emergency care for children of BNA employees; contributes $8,000 per year to the operation
of the center; and contributes more than half of the cost of care (per child) for each day that the center is used by BNA
employees.
Employees earn thirteen days of sick leave a year, and there is no limit to the amount of sick leave that may be carried over
from year to year. Employees may use their sick leave to care for a sick child. In addition to sick leave, employees are
credited with three days of personal leave that they may use during the course of the year. Employees earn up to five weeks
of annual leave a year, and may use their personal or annual leave for whatever purposes they choose, including
opportunities to participate in religious observances.
BNA feels that its health insurance coverage is among the best in the U.S. There are no employee contributions for
coverage under BNA's health plan for employees or their dependents. In addition, employees may register domestic
partners as their eligible dependents under one of the health plans offered by BNA. The company also has both medical
care and dependent care spending accounts that enable participants to pay for dependent care with pre-tax dollars.
BNA indicates that it goes far beyond compliance with the provisions of the federal Family and Medical Leave Act, which
allows employees to take up to twelve weeks of unpaid leave for childbirth, adoption, or a serious medical condition. At
BNA, a woman may take six to eight weeks of accumulated sick leave after the birth of a baby. In addition, male and female
employees can take three weeks of accumulated sick leave called Parental Leave; and this is available to either parent
during the first ninety days after birth or adoption. Employees also can be advanced sick leave, if a doctor designates a
medical need, up to the amount of accumulated annual leave. They also can use all accumulated annual leave, three days
of personal leave, and six months or more of leave without pay.
BNA reports that it contributes $2,000 in adoption expenses when an employee adopts a child. It also has a transportation
subsidy program that provides employees up to $600 a year to pay for the costs of coming to work.
BNA indicates that it is committed to complying with the Americans with Disabilities Act, and makes every reasonable
accommodation for persons with disabilities, including employees, applicants, and visitors to their buildings.
The BNA-Guild Sabbaticals Committee receives and reviews applications for sabbaticals, interviews applicants for
sabbaticals, and makes selections. The Committee may award two sabbaticals each year that run for a period of up to six
months at full pay.
BNA has multiple avenues available to resolve discrimination complaints. Under the internal EEO complaint process, any
person alleging a discriminatory or harassing practice may initiate a complaint and forward it to the EEO Office.
Management is asked to respond to the complaint and the EEO Office conducts an investigation. Throughout the
investigation, management and the complainant are kept informed of the status of the investigation. The complaint may be
dismissed if the EEO Office's investigation indicates that it has no merit. The EEO Office will conduct and coordinate
conciliation efforts by conferring with the parties in an attempt to secure a reasonable settlement of the dispute. If the
complaint cannot be satisfactorily resolved, the Director of EEO will document the efforts made to resolve the complaint and
provide a written explanation of the reasons to BNA's General Counsel.
A second resource available to employees is the union. Employees, who are represented by the union, are free to seek the
union for assistance in resolving work-related problems. The union contract provides represented employees with the right
to file a grievance against a manager if the employee feels that the manager's actions are unfair and in violation of the
provisions of the bargaining agreement.
In addition, employees who are not represented by the union are free to seek assistance and counsel from representatives
in the Human Resources Department. BNA does not state or imply that any of its internal alternative dispute resolution
mechanisms affect, limit, or modify employees' rights to pursue administrative or judicial relief outside the company.
focus more generally on career development and work-family matters, and thereby greatly benefit all employees, which is
the intent of any initiative to manage diversity.
the first companies to join the federal government's "Plans for Progress" - a voluntary effort to aggressively promote and
implement equal employment opportunity. At that time, IBM's minority population totaled 1,250, or 1.5% of its U.S.
workforce. By the end of 1996, minorities had increased to more than 22,000 regular employees, or 19.4%. During the same
period, the number of women regular employees grew to over 33,400 or 29.4%. More than 4,100 women and more than
2,200 minority employees held management positions at the end of 1996; and of these, more than 2,400 were in senior
management.
Of the 13,791 new IBM employees hired in the U.S. last year, over 29% were minorities, and over 34% were women. The
numbers include 1,863 recent college graduates, of whom approximately 33% were minorities, and 31% were women.
as dependent care responsibilities, "once in a lifetime" opportunities, or other individual needs. Employees can perform their
work at home or in another off-site location, with computers and other technology, to meet the demands of their day-to-day
jobs.
IBM Personal Financial Planning includes educational seminars, individual consultations and related services to help
employees plan for their future. The Life Planning Account was established by IBM to provide financial assistance to
employees, retirees, and eligible dependents when they complete a course or program that helps promote a healthier
lifestyle. Programs eligible for financial assistance can cover such subjects as physical fitness, weight management,
nutrition, stress management, cancer prevention, cardiovascular health, and financial planning.
The following are examples of workforce accommodations made for IBM employees with disabilities:
Architectural modification and computer adaptations for the mobility impaired.
Electronic bulletin boards for visual or mobility impaired employees.
IBM publications on audio cassettes for the visually impaired, and software and printers for Braille translations.
Sign language interpreters, captioned videotapes and telecommunications devices for the hearing impaired.
A variety of products developed by IBM, used by employees with disabilities, are also available in the marketplace,
including:
A screen reader with audio output for computer users with visual impairments.
A computer program that converts elements of speech into interactive graphic displays with audio feedback to
increase the efficiency of speech therapy.
A multimedia software program to help people with memory loss resulting from head injury, developmental
disabilities, drug abuse, neurological disorders, and other cognitive disorders.
A collection of software aids that provide extended keyboard, mouse, and sound access for users.
A voice recognition product that allows a person to provide voice input to a computer.
A molded key board overlay with holes that expose and isolate each key top, thus enhancing keying accuracy
for those who may have impaired hand or arm muscular control.
The company also has established other special needs programs and systems to assist people with disabilities.
To help employees transition into retirement, an employee may request a personal leave of absence for up to one year, to
work part time at IBM, or work for another company, provided there is no conflict of interest, and receive full earnings and
service credited toward retirement.
Finally, IBM indicates that discrimination on the basis of factors unrelated to the job simply is not tolerated; and because of
the corrosive effect of harassment on morale and productivity, employees engaged in these activities are subject to
disciplinary measures, including dismissal.
Under the Panel Review Program, a five-member panel of three employees and two managers, who are randomly selected,
decide appeals involving how the interpretation and/or application of specific company policies, procedures, or established
practices affect an employee. A panel will not accept situations over which it has no jurisdiction, or if it feels the issue can be
better pursued through another internal appeals process. The panel does not make legal determinations.
The Open Door Program reviews actions or inactions by management which personally affect an employee. All issues,
except policy decisions and operational business issues, are eligible under this program. After an objective and thorough
review, it will not make a legal determination; but it will determine whether the employee was treated fairly.
The Speak Up Program is a two-way communications channel that an employee can use anonymously to raise concerns,
express opinions, report unlawful acts, or obtain information on any company-related subject.
the public service announcement campaign Math is Power. In 1976, the company established a National Hispanic
Scholarship Fund, and since that time, the fund has awarded over $27 million in undergraduate and graduate student
funding.
The IBM Faculty Loan Program encourages employees to contribute to higher education, and grants leaves, at full salary,
so they can teach, counsel, or give professional support to colleges, universities and related educational institutions. The
Minority Campus Executive Program provides executives who serve as liaisons to the college presidents, contribute
expertise in areas of great interest to the industry, are advocates in the development of solutions to problems the institutions
may have, and are role models for students. Through the Technical Academic Career Program, the company helps reduce
the critical shortage of faculty in engineering and physical sciences; and many IBM employees now hold academic positions
at universities and colleges across the country. The company also matches on a one-to-one cash basis the contributions of
active employees, and on a one half-to-one cash basis the contributions of retired employees to eligible universities,
colleges, hospitals and cultural institutions.
managers who show potential for advancement, providing for participation in formal mentoring, regular formal and informal
interactions with senior managers, individual development planning, and planned job moves. Pacific Telesis also has
Executive Education Programs, the AMP, and monitors progress through report cards.
Mentoring is a part of Pacific Telesis' programs. The mentor, typically at least two levels senior to the protg, provides
additional development and support. Mentors help to broaden their protgs' understanding of business issues, expand
professional networks, and facilitate opportunities for developmental work experience. Pacific Telesis Chairman Phil Quigley
helped ensure the success of the program by personally inviting company executives to be mentors and by serving as a
mentor himself. Pacific Bell has been recognized for its mentoring program in a number of publications, including the
September 21, 1992 Fortune magazine cover story, "Working Women: When will they make it to the top?"
Pacific Bell offers tuition aid to employees pursuing any of twenty majors, with no dollar limit attached to first-time
undergraduate degrees. Through its Self-Directed Education program, Pacific Bell has established relationships with
community colleges and four-year institutions throughout California. Under this program, groups of employees attend
accelerated and work-coordinated degree programs on company premises statewide. In conjunction with the University of
LaVerne, Pacific Bell has created another program, consisting of college equivalency course work, with instruction and
textbooks in Spanish, leading to a bachelor of science in business administration.
Pacific Bell offers employees a wealth of educational and training experiences on the job and in classrooms, by distance
learning over a satellite link, and through a variety of self-instruction programs. Through a wide network of education and
training resources, employees and their managers can select appropriate educational and training resources to help meet
both individual and organizational development needs. These resources include leadership and quality education, selfdirected education, development for marketing professionals, customized educational programs, corporate-support and
customer-focused training, network and information services training, and a range of technical training options.
Pacific Telesis' Employee Career Centers offer services for all employees to help them balance individual development
needs and business requirements. Thousands of employees have taken advantage of the career and life planning
workshops, interviewing preparation, resume writing, individual career counseling, skill and self-assessment help, and a
variety of career and job resources.
The Jobs Preparation Program was instituted at Nevada Bell in partnership with its Communications Workers of America
(CWA) union local. It provides opportunities for employees to gain experience in different jobs without necessarily having the
prerequisite qualifications and skills. According to Pacific Telesis, the program has been very successful in giving women
and minorities the opportunity to learn higher-level jobs and to become more competitive for new job openings.
In the HORIZONS program, CWA, and Pacific and Nevada Bell agreed to provide supplemental and transitional skills
training to eligible employees to improve computer skills or in preparation for another assignment. The program has become
a vehicle for employees to supplement existing occupational skills and knowledge and to become more competitive for jobs,
whether it be a change in career direction or to prepare for jobs outside the company.
Since 1984, women and people of color have made significant gains in attaining management positions. In 1984, 0.0% of
the officers (board elected personnel) were women, while in 1995, 12.1% were women. For senior management
(department heads or equivalent), the numbers were 3.5% in 1984 and 20.1% in 1995. For middle management (directors
and district managers), the numbers were 17.0% in 1984 and 41.1% in 1995. For managers and professionals, the numbers
were 45.9% in 1984 and 50.9% in 1995. Pacific Telesis' Leadership 90s Forum was designed to increase specific leadership
skills for women. The forum has workshops on leadership issues and provides opportunities for participants to obtain
information from women in senior leadership positions within the corporation.
With regard to people of color, in 1984, 2.8% of the officers were people of color, while in 1995, 12.1% were people of color.
For senior management, the numbers were 5.3% in 1984 and 23.6% in 1995. For middle management, the numbers were
7.8% in 1984 and 19.8% in 1995. For managers and professionals, the numbers were 23.7% in 1984 and 34.3% in 1995.
with access to personal consultation and resource and referral information for concerns such as parenting and child care,
adoption, elder care, care for the disabled, education for school-age children, and personal care. Employee satisfaction
ratings for this service have ranged between 88% and 95%.
The company supports flexible work options. About l8% of its managers telecommute, ranging from one or two days per
week to full time. It provides support for telecommuters from its San Ramon administrative offices by maintaining a shared
office space and funding equipment for home offices. Telecommuters are able to reserve a designated shared office space,
which provides resources, including phone, fax, and information system access. Options, such as flexible work schedules
(or flextime), part-time work, compressed work weeks, and job sharing are available when employees are willing and it
meets the needs of the business.
Pacific Telesis is concerned about the health of its employees. Wellness programs target cardiovascular disease, which,
according to Pacific Telesis is the number one health risk for employees. It operates its own fitness centers which provide
employees the opportunity to participate in aerobics classes, use weights or machines, or have a trainer work with them as
they pace themselves to reach their target weight. Employees also have access to prenatal care, back care, sleep
education, cancer and osteoporosis screening, smoking cessation, stress reduction, family care, and medical consumer
information, free of charge.
Pacific Telesis emphasizes its commitment to the goals of equal opportunity for individuals with disabilities. It emphasizes it
makes reasonable and effective accommodations for qualified employees and applicants case by case depending on the
individual's needs and the needs of the business. Its structured accommodation process includes such steps as: employee
and management responsibilities, determining disability and medical restrictions, resolving disputed medical restrictions,
and accommodating part-time work restrictions. Trained Job Accommodation Specialists are available to provide advice to
managers and employees on accommodation issues. If reasonable accommodation cannot be made within an employee's
current position, a job search will be conducted throughout the company for other positions for which the employee is
qualified. A Manager's Guide to Reasonable Accommodation provides Pacific Bell managers with step-by-step instructions
as well as advice about what they and the company can do to provide employment opportunities for qualified individuals
with disabilities. Pacific Telesis' commitment to reasonable accommodation has prompted consideration of computer voice
input technology applications for use by employees with medical restrictions or physical disabilities.
information exchange. Pacific Bell received an award from HACR for being a socially conscious corporation contributing to
the quality of life in all communities and recognizing every segment of its market.
Pacific Bell offers an Efficacy for Professionals of Color Seminar, a four- to six- day seminar to introduce a model of
development that encourages risk taking and acceptance of challenging job assignments to develop increased capability.
Pacific Bell also offers an Efficacy for Women course that is similar to the Efficacy for Professionals of Color Seminar, but
with an emphasis on understanding the skills that enhance women's potential to become more effective managers.
In 1996, it hired more than 500 women in entry-level positions, representing about 46% of its total hires at the entry level.
The number of women on staff on July 1, 1996, had increased from 2,990 in 1990 to 3,717, or more than 20%. The firm also
hired 226 people of color in 1996, comprising about 20% of entry-level hires. It has more than doubled the number of
minorities on its professional staff, from 719 in 1990 to 1,692 on July 1, 1996.
Through Smart Families/Smart Business, employees benefit from a host of work-family balance techniques and resources
that offer tips and insights to help them carve out more quality time with their children; discover and encourage the natural
talents of their kids; learn creative ways to nurture their marriages; and redefine the relationship with their own parents.
Price Waterhouse provides for paid sick leave for up to three months as a result of illness, injury, or pregnancy. For
Maternity/Adoption, at the employee's request, an unpaid leave of absence for up to six months will be granted. In Maternity
cases, this will follow the period of paid sick leave.
Price Waterhouse also provides a course on sexual harassment communication and prevention.
ROUSE COMPANY
Background
The Rouse Company (Rouse), headquartered in Columbia, MD, is one of the largest publicly held real estate development
and management companies in the United States. Founded in April 1939, the company has over 5,000 employees. Rouse
operates 192 properties encompassing office, retail, research and development, industrial, and hotel space. The properties
are in twenty-four states, the District of Columbia, and Canada; and they have an asset value exceeding $4.7 billion.
Some of the notable properties include the nation's most successful planned community in Columbia, MD, with more than
81,000 residents, 2,500 businesses, more than 57,000 jobs and 21 million square feet of commercial space. Other
developments include Faneuil Hall Marketplace, the creative revitalization of Boston's waterfront; Baltimore's Harborplace
and The Gallery at Harborplace; South Street Seaport on New York's Manhattan Island; Bayside Marketplace in the heart of
Miami's cruise port district; Riverwalk, stretching along the banks of the Mississippi River in downtown New Orleans; and
The Grand Avenue, on a downtown Milwaukee block.
The goals of the company, in no priority order, are to improve the quality of life in communities where they operate; to
provide people in the company with opportunities for fulfillment; and to produce financial results that will reward those who
invest with them.
Over ten years ago, the company developed a policy prohibiting sexual harassment in the workplace. That policy is included
in the company's Personnel Policy Manual and Employee Handbook.
University of Wisconsin - Madison - multi-cultural career fair and the Florida A&M University career fair. Wisconsin Electric
partners with Historically Black Colleges and Universities and recruits on their campuses (e.g., Florida A&M, Tuskeegee
Institute).
The company advertises in professional minority newsletters and minority-owned newspapers, and features people from
diverse ethnic and racial groups, as well as women employees, in its recruiting brochures and recruiting displays. It employs
INROADS students (students from diverse ethnic and racial groups) as college interns and prepares them for possible
future full-time employment. It provides some employment opportunities for minority high school students who are
participants in its private high school scholarship program. The company co-sponsors an annual Women in Hard Hats
workshop that introduces women to non-traditional employment (the other sponsor is the NET project, Non-traditional
Employment Training).
As a result, the number of minority engineers working at the company has nearly doubled since 1990. Fifty-seven percent
more women have been employed as information systems analysts since 1990. For 1997, through May, 45% of all new
hires into the information systems job group have been people from diverse ethnic and racial groups. Again, using 1990 as
the base year, for 1997, more people from diverse ethnic and racial groups and women occupy field construction and
maintenance crew jobs--up 43% since 1990 even though the total jobs decreased 11%.
.
well baby care and routine physicals. The Joint Health Committee, recently formed, has nearly forty volunteer site
committees throughout the company with the goal of motivating employees and their families to take action regarding
health, and consequently reducing overall costs associated with medical care. The company has an Employee Assistance
Program which provides support to employees for personal or family related problems. A "Benefiting You" brochure is
mailed to all employees. As a result of these policies and practices, according to the company, there has been an improved
quality of life for those who participate in the flex time, and alternate work schedules, as well as the other benefit activities.
There are also a number of employers who are assisted by organizations. One such organization is INROADS[11], which
draws promising college students of color into the world of business, and provides them with guidance, training, and handson work experience with a company that frequently leads to a job upon graduation. Such organizations may assist
employers in reaching targeted groups. There has also been profiling programs for targeted recruiting. Companies are also
making efforts to provide support to an array of minority and women's organizations, as well as minority institutions. Several
companies also sponsored programs for interested persons to learn more about the company and/or the type of work the
company does.
The employers' practices, chosen to be profiled, essentially go above and beyond the requirements of the law. Thus, for
example, there are no legal requirements that companies recruit at minority universities or to mentor students. These
profiled practices address many of the barriers to recruitment. One profiled practice emphasizes the importance of
comprehensive multi-faceted planning to attract and retain world class employees. Some of the profiled practices have the
goal of ensuring that qualified individuals in the targeted groups are made aware of employment opportunities and are
considered for employment. Other profiled practices have the goal of assisting targeted groups of persons in obtaining the
required education and training to be considered for employment. Some of the profiled practices focus on persons with
disabilities. There is no indication that these practices cause or result in unfairness. The companies' practices were also
chosen because of the diversity and comprehensiveness of the companies' recruitment strategies and/or the uniqueness
and innovativeness of their programs.
In implementing recruitment and hiring policies, programs, or practices, there are certain steps that should be considered
that will help to avoid discrimination or limit liability. These are set forth in Appendix C.
The companies, whose practices have been profiled, are listed in alphabetical order by company. The table at the end of
this sub-section summarizes the practices brought to the attention of the Task Force, including those from the companies
with comprehensive programs.
Background
Armstrong World Industries, Inc. (Armstrong), is one of the world's leading manufacturers and marketers of interior
furnishings. The company manufactures a variety of products, including resilient flooring, acoustical ceiling systems,
insulation materials, and several different types of industrial products. Armstrong manufactures and markets products
around the world from its twenty-eight domestic and twenty-one international manufacturing facilities, and has annual sales
in excess of $2.1 billion. The corporation has about 10,400 employees worldwide, with about 3,523 in Lancaster, PA, where
Armstrong is headquartered.
need, Armstrong established the Corporate Mentoring Program. Individual volunteers from the high school, college, and the
corporate partners join the program as corporate mentors and undergo several hours of training. The training consists of
studies in African American and Hispanic cultures, the "school experience," child psychology, and mentoring, and, according
to Armstrong, is very enlightening for the mentors. Armstrong works with the students in an effort to identify, recruit, and hire
qualified candidates into the company.
The Lancaster Partnership Program calls for the self-nomination of qualified minority students. Upon acceptance into the
program, and graduation from high school with at least a "C" average in the prescribed academic programs, the students
are admitted, free of tuition and room and board costs, to Millersville University. The scholarship is based on the financial
need of those students who graduate; and the corporate partners agree to provide the difference between federal and state
grants to cover all remaining tuition and room and board costs.
Since the program began, approximately 645 students have participated in the program. The first group of students to
participate in the partnership graduated from high school in 1993, and from Millersville University and other institutions this
year. The number of African American and Hispanic students who were college bound increased 126% from 1992.
Armstrong supports this program through its people and with its money. As of 1996, the corporation had provided a total in
excess of $90,000 for this program, and it expects to contribute up to $50,000 per year in the future.
Additional Programs and Efforts
Armstrong also has supported numerous programs to help develop and expand the source pool of talent. In 1991, the
company was asked by Elizabethtown College, a local liberal arts institution, for funds to help the college diversify its school
population with African American and Latino students. Armstrong established the Elizabethtown Multicultural Scholarship
Program, and granted the college $160,000 to be used as four $10,000 per year four-year scholarships. Armstrong hired the
first student to graduate from this program in 1996.
Armstrong is a corporate sponsor of the National Achievement Scholarship Program and provides, annually, two four-year
college scholarships in the amount of $4,000 per year to talented young African American students. Since the beginning of
the company's participation in the program, Armstrong has provided financial support to thirty-four National Achievement
Scholarship Program winners; and in the summer of 1995, hired its first National Achievement Scholarship winner.
The company created a separate program entitled the Armstrong Multicultural Education Scholarship (AMES) to provide
financial support to minority students attending the company's key recruiting colleges and universities. Scholarships range
in amounts from $1,000 to $2,000; and the company's College Relations office maintains contact with the students in an
effort to recruit them into the company to fill full-time, professional positions. Since its inception, students have received in
excess of $200,000 in financial support; and the company has hired three AMES winners into full-time employment
positions.
In 1990, Armstrong brought the nationally recognized INROADS program to Lancaster and central Pennsylvania. Once
identified, local corporations interview and select students to intern with the company for as long as they maintain the
INROADS standards. Upon graduation from college, the student has the opportunity to join the company or to enter the
corporate world elsewhere. Sixteen students have had opportunities to participate in Armstrong's INROADS program; and
the company hired its first INROADS student in 1995.
Armstrong initiated the Valuing Diversity Training Program in 1994, which creates an awareness of why a diversified
workforce is a business imperative in today's competitive global market.
externally, by the company's ability to recruit and hire some of the best women and minority talent available to the
telecommunications industry. To date, 44% of the new recruit hires and 53% of the summer interns are ethnic minority.
MITRE CORPORATION
Background
The MITRE Corporation (MITRE) is a private, not-for-profit corporation that works for the federal government and other public
interest clients. It is headquartered in Bedford, MA, and McLean, VA. Its operations began in 1963, and currently there are over
4,500 employees.
MITRE operates as a Federally Funded Research and Development Center. Its largest activity is assisting the Department
of Defense, the military services, and the intelligence community in systems engineering programs for national security. It
also performs work for civil government agencies such as the Federal Aviation Administration, the Environmental Protection
Agency, the Federal Bureau of Investigation, and the National Aeronautics and Space Administration. A strong state-of-theart knowledge of technology underlies all of MITRE's work.
The program is sponsored by the National Consortium for Graduate Degrees for Minorities in Engineering and Science, and
is known as the GEM Program. The consortium is made up of approximately seventy companies and government
laboratories and approximately eighty major universities. Through the GEM Program, capable minority engineering students
are identified and offered graduate fellowships to pursue masters' degrees. The fellowships provide students with tuition,
fees, and a stipend each academic year. The students can participate in summer internships (prior to graduation) with the
companies. Subsequent to graduation, several former GEM fellows have been employed in regular full-time positions by
MITRE; and the GEM Program has become an integral part of its commitment to the national minority engineering effort.
The Affirmative Action Advisory Committee (AAAC) has been established to support the corporation's affirmative action
programs and equal employment opportunity efforts. The AAAC enhances EEO and AA by facilitating communications on
such matters among employees, and by fostering a supportive environment at MITRE. The AAAC activities have included
the publication of a cultural diversity calendar, the convening of a Forum, the development of a video series that highlights
EEO/AA issues of interest, Corporate Affirmative Action Awards, and Cultural Awareness Programs, such as African
American History Month, Women's History Month, Gay Awareness, Asian Heritage Month, AIDS Awareness, and Holocaust
Remembrance Month. Additionally, MITRE attends national meetings of Hispanic and American Indian organizations, and
participates in events such as those sponsored by the American Indian Society of Engineers and Scientists, and the awards
to the Hispanic scientist or engineer who has made the most significant technical contribution during the year.
MOTOROLA
Background
Motorola is one of the world's leading providers of wireless communications, semiconductors and advanced electronics
systems and services. Major equipment businesses include cellular telephone, two-way radio, paging and data
communications, personal communications, automotive, defense and space electronics and computers.
Headquartered in Schaumburg, IL, Motorola maintains sales, service, and manufacturing facilities throughout the world, and
conducts business on six continents. The company has more than 140,000 employees worldwide, with 85,000 in the U.S. It
had $28 billion in sales in 1996.
201-802-7063
Background
U.S. Long Distance Worldwide Communications (USLD) is a long distance telecommunications company, offering direct
long distance, operator, prepaid calling card, travel card, data transmission and calling center services. The company, which
has been in business eleven years, is headquartered in San Antonio, TX, and has 600 employees.
Armstrong
qualified candidates.
World
Industries, Inc
Baltimore Gas
and Electric
Despite limited outside hiring, the company made a commitment to promote diversity where
possible. This provided strong direction to staff and line customers that diversity is an important
company goal.
Company participates in job fairs; posts notices on job hotlines and in minority publications;
established $3,500 scholarships at three minority universities for students majoring in law,
information systems, and marketing, and combines with summer internships; opportunities for
Bureau of
traineeships include a minority editorial traineeship, from which participant can bid on positions
National Affairs
(BNA)
Company is involved in two programs which serve students who live in Washington, DC:
Summerworks, which provides skills and job opportunities to high school and college students;
and Do the Write Thing, which provides middle school students with office skills and other practical
work experience. The students receive specifically designated savings accounts in place of salary.
Summer Intern Program brings highly qualified graduate students, including women or minorities,
Dial
into departments for well-paid, hands-on training on a variety of the company's processes. They
Corporation
do valuable work, and are provided formal training in business skills as well as on- the- job training
opportunity; and many of the interns are hired following their graduation.
Fannie Mae
Minority recruitment program for college students. Summer interns, who are hired, may
subsequently be placed in permanent positions.
Professional Recruitment Strategy, a comprehensive multi-faceted plan. Needs Assessment done
annually.
GTE Telephone
Operations
Specific recruiting activities carefully planned, i.e., career fairs, open houses, targeting where
diversity of student population is key factor. Major professional associations are targeted.
In-house contract and full-time experienced recruiters and researchers are dedicated to
researching and sourcing world class candidates. Attend career fairs. Visit military bases. Monthly
reports made of progress and results. Bonuses paid for successful referrals that result in hire.
Announces all open positions except some at the most senior level.
Intel
Has partnered with selected schools and universities to promote the company as career choice,
and in the U.S., focuses special attention on the recruitment of women and people of color.
One aspect of IBM's recruitment program--Project View, a diversity recruiting program. It is a
International
Business
Machines (IBM)
national effort to reach outstanding African American, Hispanic, and Native American graduating
BS, MS, and Ph.D. students and generates 55% of the company's minority hires directly from
college. The program's three-day format is a combination of networking, career fair, and
interviewing. Of 600 students who were to graduate between August 1996 and August 1997, 40%
of the interviews resulted in on-the-spot job offers.
Sponsor of INROADS, which draws promising college students of color into the world of business,
KPMG Peat
Marwick
and provides them with guidance, training, and hands-on work experience that frequently leads to
a job upon graduation.
Options Program seeks talented African American graduates with business degrees in nonaccounting fields.
Lexmark
Partnership with National Society of Black Engineers and Society of Women Engineers to discuss
recruiting opportunities as well as participate in local, regional, and national events.
Referral agencies asked to include both minority and women candidates. Vocational agencies
advised on vacancies.
Willing to adjust work schedules to encourage minorities and women, who currently may not be in
a workforce, to expand employment opportunities. College Outreach Programs. Among internship
programs, participates in INROADS.
MITRE
Industrial Advisory Program at the University of Puerto Rico in Mayaguez to increase Hispanic
participation in summer intern and regular co-op assignments.
Advancing Minorities' Interest in Engineering (AMIE) program to increase the numbers of minority
engineers in American workforce.
Work/study program. Graduate educational opportunities for minorities (GEM Program)
Uses internal recruiters and external search firms, and both are required to present diverse
candidate pools.
Recruits at minority universities; provides Hampton University's engineering department with
Motorola
money, equipment, faculty training and the summer assignment of faculty to work at the company.
Supports the television broadcasts of two Engineer of the Year programs (Black, Hispanic).
Company's internship program includes Minority Scholarship Internship Investment Program
(MSIIP), offering summer internships to sophomores and juniors in engineering and finance.
Northern States
Communicates to company managers that hiring qualified people with disabilities is linked to
Power
Pacific Telesis
Accelerated Management Program (AMP), a recruiting and development effort targeted at high-
Group
PPG Industries
PPG Foundation supports minority engineering and chemistry programs at majority universities
where the company recruits.
Minority Scholarship Internship Program in PPG's Coatings and Resin Group.
Attends minority job fairs and advertises in publications focusing on minority students.
Recruits women and people of color from approximately 250 colleges and universities throughout
the country.
Formed partnerships with national organizations.
Among its many internship programs, almost twenty of its practice offices participate in INROADS
Price
Waterhouse
LLP
internship program.
Has long been a sponsor of A Better Chance, a national program supporting gifted students of
color, and recently became a partner in helping prepare participating students and alumni for entry
into the business world.
Member of Project Equality, which is committed to maintaining policies and practices that
affirmatively promote EEO for people of color, women, persons with disabilities, and others who
encounter discrimination.
Supports individuals who head up minority programs in Engineering and Business. Involvement
with student groups.
Summer intern/co-op program. INROADS. Scholarships for women and minorities.
Procter and
Gamble
Prudential
Insurance of
America
Relies on Sponsors for Educational Opportunities and Summer Interns from local colleges.
Has received special recognition for its Pachysandra Project, which opens doors for individuals
with disabilities, and which is a partnership with Our House, Inc., a private nonprofit employment
agency. The program allows the individual to "try out" a position before the hiring decision is made;
trained mentors are provided.
Seeks to hire women and minorities in managerial positions.
Special Affirmative Action Program. INROADS. Use of Internet for purpose of recruiting, which
Rouse
Time Warner
postings to local community groups. This in turn provides job-ready applicants for openings in the
company's New York City divisions.
Puts effort into developing a future recruitment resource pool through its YouthForce 2000 activity,
which includes a Mentor/ Prodigy Program, strong relationships with Junior and High School
Turner
Construction
United
Since 1993, has increased women by 5% and minorities by 15% in Professional through
Technologies
Executive-level positions; has increased the representation of women by 40%, and minority
Corporation
U.S. Long
modified computer screens to perform their jobs; they are provided readers, orientation specialists,
Distance
tape recordings and Braille documentation when hired; and one has served as an assistant trainer
Worldwide
since 1993, helping the new employees feel comfortable, build their confidence, and become part
Communications
of the team.
USLD absorbs the expenses to maintain and repair the ALVA Braille keyboards so the employee is
not burdened with the expense.
Employees with visual impairments make up 6% of the workforce in USLD's Operator Center.
Attends career fairs sponsored by minority and women's organizations, and by colleges and
universities that provide a diverse pool of applicants.
Partners with Historically Black Colleges and Universities and recruits on their campuses.
Wisconsin
Electric Power
Xerox
Corporation
Focused external recruiting is achieved by activities such as: contacting minority and women's
management organizations; by advertising in college and minority professional journals; by using
memberships in a number of professional engineering associations; and by a college recruiting
strategy which is multi-pronged. Successful methods of recruiting have been Xerox's employee
referral system, and utilization of their internal caucus groups as referral sources for experienced
hires.
SUBMITTAL #3
Background
This "best" practice was submitted anonymously through the Equal Employment Opportunity Committee of the American
Bar Association.
environment; perceived barriers to career advancement; and the need to balance work-life commitments. Those findings
formed the basis of the Initiative for the Retention and Advancement of Women, which was officially launched in April 1991.
The recommended solutions won unanimous approval in 1993, and included gender awareness workshops for all
employees; formal career planning for women (including mentoring); an informal monitoring system which was to ensure
that women were not bypassed for the best assignments; flexible work arrangements, such as telecommuting and flexible
hours, for women and men throughout the company; no major committee would be formed without naming at least one
woman to it; and an outside group of business leaders was to be formed to track the company's progress. (Lynn Martin,
former U.S. Secretary of Labor, was named to head the company's Council on the Advancement of Women.)
The turnover rate for women senior managers had dropped from 26% in 1992 to 15% in 1995. From 1993 to 1996, the
number of women had increased in the following areas:
Number of key leadership positions held by women, from 14 to 34.
Number of women partners, from 69 to 131.
Number of women in management:
Senior managers, from 253 to 410.
Managers, from 489 to 595.
Percentage of women client service professionals:
Partners, from 5.5% to 8.6%.
Senior managers, from 18.1% to 24.5%.
Managers, from 30.9% to 33.6%.
sources with the goal of promoting diversity of leadership. Kodak states that future leaders are identified and developed on
the basis of demonstrated capability. Individuals are involved and share ownership for determining their development plans.
Employees are responsible for creating documented development plans that are aligned with and support the business
needs of the organization. Supervisors are responsible for working with employees to develop plans and to ensure the
necessary alignment. Supervisors are accountable for providing the appropriate resources to implement the plan. Kodak
requires a minimum of forty hours in the development of each employee every year. A Policy Committee measures and
reports progress in achieving the forty-hour requirement and employee perception of how well prepared they are for current
and future jobs. An Education and Development Advisory Board, composed of senior leaders and chaired by the CEO,
meets quarterly to address policies, principles, and development of measures to provide corporate direction for employee
education and development.
Kodak's Career Services provide employees with job and career planning support that recognizes future needs of both the
employee and Kodak. Topics available include self-assessment and goal setting, resume writing assistance, interviewing
skill building, occupational information, job change, plateauing, personal motivation, job summary information, and employer
information.
Kodak has a tuition aid plan designed to encourage Kodak employees to continue their education in subject areas that will
benefit both the individual and the company. Special training programs involved with both graduate and undergraduate
release-time programs are also available to individuals meeting the approval requirements.
Employees can access available job opportunities on-line via computer. This provides an individual with the ability to know
what opportunities are available throughout the company, but also provides an overview of skills required and a good basis
to go forward with one's career planning goals and objectives.
FANNIE MAE
Background
The Federal National Mortgage Association, commonly known as Fannie Mae, is a mortgage financial services company
based in Washington, DC. It is America's largest supplier of conventional home mortgage funds and the largest issuer of
debt in the United States, after the U.S. Treasury. It works in partnership with communities across the country to make
affordable housing and home ownership opportunities available to more American families. Fannie Mae has more than
2,900 employees.
mentoring as a core value at Fannie Mae. The program consists of three components: the Speaker Series, the
Mentor/Protg Matching program, and the Peer Mentor or Fannie Buddy Program. The Speaker Series is intended to
expose Fannie Mae's employees to successful role models from Fannie Mae, other companies, government officials, and
others who are asked to share their professional development experiences. The Mentor/Protg Program provides one-onone matching of mentors with protgs. Protgs are matched with senior managers who will share and transfer their
knowledge and experiences with less-experienced and junior members. Development needs and aspirations of protgs
are identified and incorporated into their career development programs. The Fannie Buddy Program is structured to help
newly hired employees become familiar with the company, its culture, practices, facilities, and activities; and to forge new
working relationships.
Fannie Mae has an extensive Training and Development Program. This includes Computer and Information Systems Education,
which covers basic applications like operating systems, spreadsheets, word processing, and presentation graphics, as well as
advanced programming. It also includes Industry Training, which provides basic education on the secondary mortgage market,
sales training, and Total Quality Management. Its Employee Development Program covers executive training, diversity training,
management development courses, and team building and conflict resolution classes.
Finally, Fannie Mae seeks input from its employees. It conducts assessments/surveys of employees to see if they are
satisfied with their overall career progress and development.
INTEL CORPORATION
Background
Intel Corporation (Intel) designs, manufactures, and markets microcomputer components. It is the world's largest computer
chip maker and also a leading manufacturer of personal computer, networking, and communications products. Intel is
headquartered in Santa Clara, CA, and employs approximately 48,500 persons. Manufacturing, sales, and service facilities
are located in at least twenty-one countries.
findings of the GCI review team, including the CEO and officer group.
Commit to specific results.
Achieve committed results within agreed time frame.
Heighten creativity and decision making during hiring and promotional opportunities to emphasize the importance of
diversity within departments and organizational structures, and to make it part of the way NSP does business.
Boost morale for employees by providing tools to self-manage their careers, and tried and proven ways to increase their
visibility within the company.
Because of the way NSP's GCI is designed and implemented, nearly all components can serve as separate spin-off
processes to ultimately benefit the entire workforce. Therefore, the process is fully replicable, and adaptable to any
protected class or status.
programs. Each of these programs provide rotational assignments and management preparation training.
American Bar
Association's
Company policy is that a selection for promotion will be based on an individual's performance and
(ABA) Equal
management potential, available opportunities, the Diversity Management Policy, and consideration
Employment
Opportunity
promotions into or changes within the managerial ranks, releases announcements to the trade and
(EEO)
general press, and to internal publications. The responsibilities of the employee, the Supervising
Committee
Submittal 1
Company believes that promoting from within, or transferring employees to and from, within and
among the Operating Companies, generally strengthens the effectiveness of the organization and
provides a strong incentive for personal growth.
ABA/EEO
Submittal 2
When a vacancy occurs, a Position Requisition form and a position description are required prior to
candidate sourcing. Preference is given to current, qualified employees.
Company provides opportunity for internal movement through the Job Posting Program, the Open
Position Listing System, and inter-company transfers.
For succession planning, upper managers in higher level positions review diverse pools, with the
participation of the Diversity Director, to ensure diversity as well as assessment and elimination of
ABA/EEO
Submittal 3
Baltimore Gas
and Electric
Emphasizes importance of including women and/or minorities in supervisory roles, and links
incentive pay to progress.
Has used Human Resources/Succession Planning for years; now encourages leaders of the
company, in completing profiles of employees and in selecting replacement candidates for their
National Affairs
Temporary Transfer Program permits managers to use temporary vacancies to move employees
(BNA)
Deloitte and
Touche LLP
Erie Insurance
Group
Submitted a manual, The Successful Job Hunting Guide: A Common Sense Approach to Finding
the Job You Want.
Is launching and monitoring prototypes in four locations, each with a single focus on external
Ernst and
Young LLP
Women's networks provide a forum for mentoring, developing leadership skills, and highlighting
women's contributions to the firm.
Career Development Plan Program helps each employee reach his or her full career potential.
Corporate Mentor Program includes the Speaker Series, the Mentor/Protg Matching Program,
and the Peer Mentor or Fannie Buddy Program.
Fannie Mae
Training and Development Program includes Computer and Information Systems Education, and
Industry Training.
Employee Development Program covers executive training, diversity training, management
development courses, team building, and conflict resolution classes.
Voluntary mentoring program encourages pairing of mentors and partners from different
departments; requires negotiation and implementation of an agreement between the partner, the
partner's direct manager, and the mentor; and includes a program and development plan.
Intel
Employees discuss career development plans with their managers throughout the company.
Most sites have employee resource centers that deliver information, training, resources, and tools
for continuous learning and optimum job performance. Training is delivered through Intel University
and specialized functional training programs.
There is tuition reimbursement for degree programs.
International
Business
Machines
(IBM)
One of the ways managers show their support for the company's workforce diversity program is to
participate in the mentoring program, which encourages people from diverse backgrounds to
enhance their career potential through the help of a seasoned professional.
KPMG Peat
Created program to help develop mentoring relationships among African Americans, where a junior
Marwick
Motorola
Northern
greater obstacle in the company than other women. Based on the success of the pilot program,
States Power
Pacific Telesis
Group
PPG
Top level management replacement program attempts to include a minority and/or a woman to be
Industries, Inc.
among the nominees for every job opening that occurs above middle-level management; posted
jobs; Human Resources monitors hires and placements and provides feedback to business units
for developmental activities. Mentoring teams.
A variety of mentoring programs; women and people of color have been meeting informally for
years to support each other;
Price
Waterhouse
Bi-monthly Female Leaders Luncheon meetings; Networking Circles, a new pilot group mentoring
LLP
program to help more women attain the Partner and Director levels; voluntary mentoring program
that pairs new women hires with senior staff members; matching staff with willing mentors and
giving both counseling so that each understands his or her role.
Principle of "promotions from within" demands career-long development of everyone, but the most
important training and development happens on the job.
Training and development is each manager's responsibility; with individually-tailored training and a
Development Plan for each employee; and each manager's Work and Development Plan stresses
"Building Organization Capacity" as well as "Building the Business."
Procter and
Gamble
P&G College is the only corporate training program that is required for everyone when reaching key
career stages; designed and taught by 200 executives, it focuses on business skills, and helps
create a level playing field for everyone.
Mentoring is provided, and everyone can have a mentor.
Since development and utilization of each employee is essential, performance development
reviews, career discussions, and work and development plans are utilized.
Network Program is designed to enhance the growth of women at all levels of the company, with
emphasis on the career advancement of exempt women.
Upward Mobility Program, which identifies minorities and women with strong potential for
Rouse
advancement.
All available positions are posted.
Educational Assistance Plan to help pay for job-related courses or courses of an approved degree
program.
Time Warner
Turner
Construction
Superintendent/Engineer, Senior Staff, and Executive levels. Each employee, whether new or
experienced, participates in a formal training program. The training program includes the following
development clusters: Career Foundations; Front-line Management; Team Management; High
Performance Management; and Industry Management.
Company's premier management program, the Leadership Associates Program, supplies UTC with
Master's (MBA) level business talent to seed future Executive-level placements; it also provides two
years of rotational training assignments in general management disciplines; women and minorities
United
were 42% and 30% respectively of the 1996 group entering into the program.
Technologies
The Employee Scholar Program pays the full cost of tuition, books, registration and academic fees,
Company
and 50 shares of stock (valued at approximately $3,750) upon the attainment of either a Bachelors,
Mentoring program matches employees with mentors who have or may have similar job duties, are
Electric Power
Xerox
above in that organization, and makes recommendations for their next potential career move.
These assessments are next reviewed by the Presidents of the major Xerox organizations; and
those inputs are subsequently reviewed by the corporate office to determine bench strength for key
executive positions.
All employees are expected to prepare and complete an annual Development Action Plan which is
developed in partnership with the direct manager; and an array of developmental training
opportunities are provided.
arguably be a misnomer to describe such practices as "best" to the extent they are required by law. Nevertheless, we have
cited practices applicable to these matters, because they are critical to promoting diversity and an equal employment
opportunity workplace environment.
Finally, whether or not required by law, the profiled practices presented in this report are included as a beacon to help
ensure that no stakeholder loses sight of the ideas and opportunities for implementing one's equal employment opportunity
responsibilities. There is no indication that these practices cause or result in unfairness. The companies' practices were also
chosen because of the diversity and comprehensiveness of the companies' terms and conditions strategies and/or the
uniqueness and innovation shown in their programs.
The companies, whose practices have been profiled, are listed in alphabetical order by company. The table at the end of the
sub-section summarizes the practices brought to the attention of the Task Force, including those companies in the
comprehensive sub-section.
AETNA, INC.
Background
Aetna, Inc. (Aetna), is one of the country's largest insurance and financial service organizations with three primary
businesses: Aetna Healthcare, Aetna Retirement Services, and Aetna International. The company is headquartered in
Hartford, CT. Aetna has approximately 30,000 employees.
biomedical products and services which help diagnose and treat various diseases. Founded in 1853 in Rochester, NY,
where corporate headquarters remains today, B & L employs approximately 13,000 people in thirty-five countries.
rate; retain their employees twice as long; deliver an 18% higher internal service quality; achieve a 61% higher customer
service satisfaction; and obtain a 7% higher customer retention rate, as compared to managers with less of a workfamily focus.
96% of its employees stated that its Family Matters initiative met or exceeded their expectations, and 91% state they
have been able to vary their work schedule to respond to family needs.
NSP introduced the issues of work and family in a bold, non-traditional way to the whole workforce. While lecture and video
formats had been used in the past, NSP chose the live theater format to add realism. A professional, live theater group,
Illusion Theater Company, was contracted to create an original work, which was designed and written specifically for NSP's
purposes in consultation with NSP's Human Resources staff.
The program consists of twenty-three vignettes or "mini-plays" dramatizing situations related to work and home life, sexual
harassment, and general diversity issues. The play, which featured original songs and several dramatized situations which
had actually been experienced by NSP employees, was followed by a group discussion led by the narrator and an NSP
Human Resources representative.
In the weeks prior to the first production, memos and letters were sent to management in various locations, introducing the
program. After the first few productions, word of mouth and "the grapevine" served to market the program. According to
NSP, employees' reactions to the program were strong and positive.
8. Employee Assistance Program personnel involvement. The EAP counselors act as co-managers of mental
health/chemical dependency cases as well as assist employees with psychological/emotional issues related to physical
disabilities.
9. Effective communication strategies for all people involved in the disability management process.
10. Process quality assurance and measure criteria - Total Health/Quality Management efforts, teamwork and application of
cycle time reduction principles.
11. Confidentiality assurance.
12. Application of ongoing principles relative to ADA.
In Owens-Corning's view, the program reinforces employee empowerment, and uses a disability case manager, who also
acts as an employee advocate. In this role, Owens-Corning acknowledges that the case manager must be aware of the job
demands and the work functions as well as the available options for remedying barriers preventing the employee from
returning to work.
The case manager assesses the employee's capabilities and, when necessary, develops return-to-work plans which
accommodate work restrictions. The case manager consults with the employee, regarding the return-to-work-plan. The plan
defines the accommodations recommended by the case manager, including modified work duties and/or assistive devices to
accommodate an employee's current work limitations. The plan includes an assessment of the barriers preventing the
employee from returning to work. Finally, the plan provides for the evaluation of the individual's program success. This
allows for changes and modifications. Throughout the rehabilitation process, the employee and the case manager review
the plan, making revisions as the employee's needs change.
All recommendations are coordinated with the employee, supervisor, Human Resources, and medical personnel prior to
their implementation. The case manager leads the process of returning an employee to work by providing and coordinating
specific services to facilitate the employee's work. The case manager coordinates the delivery of medication,[15]
rehabilitation, and EAP services to the employee with a disability regardless of whether the injury/illness occurred on or off
the job. The employee thus receives individual personal attention and services based on individual needs. According to
Owens-Corning, the process serves to manage the disability in an aggressive, but non-adversarial manner.
Finally, Owens-Corning submits that its system addresses the following types of information:[16]
Employee's first day of disability leave;
Diagnosis;[17]
Treatment plan;[18]
Conformance to the plan;
Possibility of returning to work;
Temporary modified duties;
Permanent accommodations; and
Other ADA issues.
Owens-Corning affirms that this program specifically seeks to address barriers to persons with disabilities, both physical and
mental and, indeed, is intended to encourage employees with disabilities to return to work. Since January of 1993, the total
number of disability case managers has risen from one to nineteen (as of Spring, 1996). This expansion demonstrates
Owens-Corning's commitment to the program's growth and development.
Amy Ahrens
Integrated Health Services Leader
Owens-Corning
Rewards & Resources
1 Owens Corning Parkway
Toledo, OH 43659
Telephone: 419-248-8728
disability period related to pregnancy and recovery. At the completion of the disability period, the employee can elect to
return to her former position, seek part-time employment through PPG's posting programs, or request a leave of absence.
PPG's Family Leave Policy offers employees up to twelve consecutive weeks of employment-protected, unpaid leave. This
leave policy can also be used as part-time leave for the same amount of time. Family situations for which this type of leave
could be used range from the care of a newborn or newly adopted child to the care of a seriously ill family member or elderly
parent whose condition requires their attention. Upon returning from Family Leave, employees will return to the same or
similar position held before going on leave with an equivalent rate of pay.
PPG grants up to twelve months of unpaid leave for an employee's personal needs. Eligibility is based on the reasons for
the leave request, a satisfactory work performance record and PPG's business needs. Upon return from a leave of three
months or less, the employee is reinstated to the same position, or a position as comparable as possible to the one held
before the leave. For a leave longer than three months, PPG will make every effort to place the employee in a position
consistent with the employee's qualifications. During an approved personal leave of absence, PPG benefits and pension
credits continue to accrue.
The company provides for flexible work arrangements. Its Flextime Policy allows employees to vary "normal" starting and
stopping times in order to meet personal and family needs. Part-time employment is available to all employees in cases
where it is consistent with PPG's business needs. This option allows PPG employees to accommodate family needs by
working on a part-time basis.
The child care resource and referral service administered by the EAP and PPG's participation in a child care consortium
help employees find the type of quality child care service that best fits their needs. PPG's Get Well Room provides parents
with the opportunity to have a mildly ill child cared for by health professionals close to their workplace.
PPG also provides referral services for adult day care, home health care, and nursing home facilities. Case management
services are provided to assist care givers in assessing their own needs as well as the elder parent's service needs. In
complex and difficult situations, the EAP serves as the gateway to specialized services provided by its geriatrics specialist,
who may conduct home visits to gain a better understanding of the elder parent's situation and needs.
PPG states that it is concerned about harassment, including sexual harassment. A comprehensive anti-harassment policy
and follow-up training sessions were put in place in 1993 to ensure that employees are aware that sexual harassment (as
well as racial, age, etc.) is prohibited. Employees are informed that they may file an internal harassment complaint with any
member of PPG management with whom they feel comfortable, and PPG indicates that the complaint will be promptly and
fairly investigated. The company also provides guidance as to what sexual harassment is, who is protected, preventive
action, and information about investigating complaints. PPG provides sexual harassment training as a part of its supervisory
training program.
PPG has an Employee Education Assistance Program. The purpose of the Program is to provide an opportunity for the
employee to attend an accredited learning institution on personal time to obtain additional knowledge, skill, or other
education, which, in the judgement of PPG, will be useful to the employee and PPG. Tuition, required textbooks, registration
fees, laboratory fees, and other required fees are covered at 100%. Items not covered are transportation, parking, supplies,
equipment (such as computers), or other incidental expenses.
According to PPG, a rigorously enforced equitable compensation policy to ensure that employees are paid fairly commensurate
with their job-required knowledge, skill and accountability, and performance has been in place for over twenty years. PPG has
conducted internal reviews in 1994 and 1995 to ensure continued equality of opportunity in compensation. PPG states that such
monitoring will continue.
Aetna
Multitude of information and support services, including child care resource and referral program,
elder care consultation and referral, and adult disability care consultation and referral.
Provides a number of programs to help employees and their spouses prepare for retirement;
retirement planning statements, which project pension and savings income to help employees plan for
their financial security, are created every other year for all employees over age fifty; three months
before retirement date, a personalized retirement planning package is prepared to help the employee
choose among retirement options.
Offers two non-cost resource and referral services: Maryland Elder C.A.R.E. and Maryland Committee
for Children's LOCATE Child Care Services.
Time Off Policies, which include Personal Leaves of Absences, can combine unpaid and paid leave
Baltimore
up to a maximum of six months; Vacation Leave based on years of service; three paid Personal
Gas and
Choice Holidays; Sick Benefit Plan, which grants twenty-six weeks to all regular employees, with full
Electric
pay after five years of service; paid and unpaid time under Sickness in Family, Personal Business,
and Recreational Time Off; Flexible Benefits Program, where employee can choose the combination
of health, life insurance, and health care and dependent care expense accounts that meet his or her
personal needs; Adoption Benefit Program, Blood Program, Child Care Consortium, Employee
Savings Plan, Employees Medical Assistance Series, and Workplace Seminars.
Has implemented work-life issues: Alternative Work Arrangements (including Work/Week Flextime,
Job Sharing, Reduced Hours, and Telecommuting; Work-Life Benefits which provide child and elder
Bausch and
Lomb
other personal/business issues and transitions; Employee Assistance Program of Rochester; and
LifeWorks Program, which provides to employees and their families easy access to practical advice
from experts, useful information, etc.
Provides child care and elder care referral services; subsidized emergency back-up child care at a
nearby day care center; $8,000 per year to the operation of the center; more than half of the cost of
Bureau of
National
Affairs
(BNA)
care for each day that the center is used by that child; emergency care for children; three days of
personal leave; up to five weeks of annual leave a year; health insurance coverage; both medical care
and dependent care spending accounts, that enable participants to pay for dependent care with pretax dollars; benefits beyond that are required by the federal Family and Medical Leave Act; $2,000 in
adoption expenses; reasonable accommodation for employees with disabilities; sabbatical leaves
determined by the Guild Sabbaticals Committee.
Flexible Work provisions that apply to all employees: flextime; compressed work week; home based
work/telecommuting; part time employment; and job sharing.
CIGNA
Bring Your Child to Work Day lets approximately 6,000 boys and girls see a diverse group of
successful employees and managers; and provides about fifty-four special events held at two
headquarters sites.
Erie
Provides training concerning its family and medical leave program, as well as the use of alternative
Insurance
work schedules, job modification, and work at home to accommodate employees with medical
Group
Ernst and
Retention, a Flexible Work Arrangements Database, which includes a Tool Kit supporting a
Young LLP
Fannie Mae
Intel
On-Call Assistance Center that U.S. employees can reach by phone seven days a week, twenty-four
hours a day.
Initiated and pioneered many of the Work-Life Programs which have become common place in many
companies today: child care and elder care resources and referrals; adoption assistance; flexible
working arrangements; leaves of absence; personal choice holidays; flexible vacation scheduling;
problem assessment, counseling and referral program; providing employees information on resources
in their community on child and elder care programs.
Individualized Work Schedules Program provides a four-hour window of flexibility; personal leave of
absence for up to three years; reduced work weeks for a broad array of personal needs; performance
of work at home or in another off-site location, with computers and other technology.
Personal Financial Planning includes education seminars, individual consultations and related
services.
International
Company identifies examples of workforce accommodations it has made for its employees:
Business
architectural modification and computer adaptations for mobility impaired; electronic bulletin boards
Machines
for visual or mobility impaired; publications on audio cassettes, and software and printers for Braille
(IBM)
translations for visually impaired; sign language interpreters, captioned videotapes, and
telecommunications devices for the hearing impaired; a variety of products for both employees and
the marketplace; and a Special Needs Program Department.
Life Planning Account provides financial assistance to employees, retirees, and eligible dependents
when they complete a course or program that helps promote a healthier lifestyle.
Transition into retirement allows personal leave of absence for up to one year to work part time at
IBM, or work for another company, provided no conflict of interest, and receive full earnings and
service credited toward retirement.
States that because of corrosive effect of harassment on morale and productivity, employees who
engage in these activities are subject to disciplinary measures, including dismissal.
Child care tuition discounts and registration fee waivers for three multi-state child care providers.
Firm's policies are more generous than federal Family and Medical Leave policies.
Provides Personal Days Program, where employees may take off days with pay to care for sick child,
or take care of any other family-related need. Each employee accrues between twenty and thirty paid
days off per year.
Client Service Professional staff may participate in the Leisure Bank Program, allowing them to earn
KPMG Peat
Marwick
Individuals may use up to eighty hours in excess of their accrued personal days for any purpose at
any time during the year.
New mother option to work a reduced/modified schedule when phasing her return to work, and still be
guaranteed her job.
Flexible Work Program includes Flextime; Flexplace; Flexible Work Schedule. Job Sharing Program
and Reduced Hours Program to reduce work hours with job protection.
Maximum benefit of $5,000 for birth mother's medical expenses and other adoption-related costs.
Family-friendly initiatives include: Relocation Services and Spousal Job Referral Program; Employee
Assistance Programs; Dependent Care Assistance Plan; Health Care Expense Account Plan;
Educational Programs (including Education Assistance, Professional Growth, and In-House
Programs); Social and Recreational Programs; Family Referral and Consultation Services (including
Child Care, Adoption, School Services, Summer Services, Emergency Care Services); Special Needs
and Elder Care; Financial Services (including Personal Automobile and Homeowners Insurance, and
MITRE
Credit Union); Safety Office and Safety Committee; Life Threatening Illness Policy; and Health
Services (including Wellness Programs, Babies and You, Lactation Support Program, CPR and First
Aid, Red Cross Blood Drive, Ergonomics, Health Fairs, The Great American Smokeout, Flu Shots,
Video Lending Library, and Health Related Presentations).
Participate in Take Our Daughters to Work Day, which includes girls and boys.
Employees encouraged to participate in civic and community affairs, with paid time off to participate in
some civic and community activities.
Facilitates balance between work and family responsibilities for employee. On-site or near-site child
Motorola
care centers and wellness/fitness centers have been established at some sites; and numerous
dependent care support programs have been implemented.
Established a Special Needs Fund to assist employees with disabilities.
Northern
States
Power
Supports two internal disability related employee networks; and has worked with community
organizations to recruit and hire workers with disabilities.
Communicates to company managers that providing reasonable accommodation for employees with
disabilities, and creating or maintaining flexible work arrangements, are linked to managers' incentive
pay through NSP's annual diversity goals-setting process.
Focuses on its Employee Based Disability Management Program, which encourages employees with
disabilities to return to work. Some of the important components of the program include: Management
of work related and non-work related injuries and illnesses in a consistent fashion. Clearly identified
roles and responsibilities for employee, supervisor/manager, case manager, benefit/risk manager,
Owens-
providers of health care and others as needed. Identification of criteria for an employee to enter
Corning
and/or access the system. Medical and clinical management of cases. Early return to work/modified
Fiberglass
duty programs. Rehabilitation and job accommodation coordination between workers' compensation
and long term disability for both work and non-work related disabilities. Clearly defined job
descriptions with essential job tasks and the requisite physical and mental demands. Employee
Assistance Program personnel involvement. Effective communication strategies. Process quality
assurance and measure criteria. Confidentiality assurance. Application for pre-placement and ongoing
principles relative to ADA.
Participates in Take Our Children to Work Program.
Life Works Family resource program provides employees with access to consultation and resource
Pacific
and referral information about child care, adoption, elder care, care for persons with disabilities,
Telesis
Group
Flexible work option, Telecommuting, Wellness programs, fitness centers, telephone hotlines, and the
company's commitment to equal opportunity goals for individuals with disabilities are examples of
some of the workplace supports which are provided to its employees.
Work and Family Programs include employee assistance, leaves of absence. Relocation assistance,
flexible work arrangements, child care and parenting education programs, dependent care, and
education assistance.
Additional examples: Employee Assistance Program, salary continuance program, family leave policy
PPG
with up to twelve consecutive weeks of employment-protected, unpaid leave; twelve months of unpaid
Industries
leave for an employee's personal needs; flexible work arrangements; part-time employment; Get Well
(child care) Room; referral services; case management services; comprehensive anti-harassment
policy and follow-up training sessions; Employee Education Assistance Program; and equitable
compensation policy.
Sexual harassment training as a part of PPG's supervisory training program since 1988.
Variety of flexible work arrangements, which include serving a reduced number of clients, working
targeted hours or days, job sharing, telecommuting, and leaves of absence.
Family-friendly programs and services that include child care referral services, elder care referral
services, parenting and the secrets of smart families, in-home emergency child care services, a
twenty-four hour employee assistance program, adoption assistance reimbursement of up to $3,000.
Price
Waterhouse
LLP
Company has partnered with other major U.S. businesses as one of twenty-one "champion"
companies in the American Business Collaboration for Quality Dependent Care.
Through "Smart Families/Smart Business" employees gain insights into how to carve out more quality
time with their children, discover and encourage the natural talents of their kids, learn creative ways to
nurture their marriages, and redefine the relationship with their own parents.
Also provides paid sick leave for up to three months for illness, injury, or pregnancy.
Has an array of Work and Life Programs: Maternity Leave; Child Care Leave; Reduced Work
Schedule; Adoption Assistance of up to $2,000 for adoption expenses; Flexcomp, which allows
employees to make annual benefit choices; Child/Elder Care Resource and Referral Service; Child
Procter and
Care Centers; Flexible Work Schedule; and Other Benefits (Dependent Care Travel Reimbursements;
Gamble
Tuition Refund Program; Scholarship Program; Relocation Assistance Program; Employee Assistance
Program; Lunchtime Education Seminars; and Corporate Lifestyles Health and Wellness Programs
and Service).
Salaries are competitive with top companies, and differences in pay are based on individual
contributions to the business (pay for performance).
Has adopted a number of "family-friendly" policies that have enabled employees to adapt to changing
lifestyles and responsibilities, including: alternative work arrangements, job sharing, telecommuting,
Prudential
flexible hours, abbreviated and compressed work weeks, and its support of a number of day care
Insurance of
centers.
America
Company benefitted in terms of being able to handle unusual work scheduling demands, retention of
important skills, and decreased training and replacement costs that otherwise would have been spent
on new or temporary employees.
Promotes a variety of programs to attract a diverse workforce, and to support the balancing of work,
life, and family responsibilities: Alternate Work Schedules (part-time, temporary, on-call,
telecommuting, job share, and flextime); Adoption Assistance (up to $4,500 per adoption); Academic
Scholarships (up to $3,500 per academic year per student); World Learning, Inc. Scholarships for
employees to experience a summer abroad; Flexible Benefits; LOCATE (service to help find
Rouse
convenient and affordable child care); Wellness Program; Individual Assistance Program; Family,
Medical, and Other Leaves of Absence; Special On-Site Child Care; and Time-Off-With-Pay Benefits
(excuses employee from work for short periods of time to take care of personal matters).
Developed a policy prohibiting sexual harassment in the workplace over ten years ago, and includes
that policy in the company's Personnel Policy Manual and Employee Handbooks.
Child Care Programs: on and off campus child care facilities (at cost of $200 per child per month);
subsidized child care at local centers; family leave program for new or adoptive parents (providing
financial assistance up to $5,000); flexible work schedules to accommodate employees' child or elder
care needs; breast-feeding room; information for working parents; summer camp for elementaryschool children (cost to the employee for the whole ten-week program was $100 per child); annual
SAS
Halloween party for employees' children as well as Kids' Day at company Recreation and Fitness
Institute
Center; Council of Teachers' Task Force to develop programs and learning materials for parents;
seminars for parents offered by the Wellness Center; and merit scholarships for employees' children
for up to four years of post-secondary school study.
Health Programs: Health Care Center; Health Benefits Program; Recreation and Fitness Center with
seven full time staff members; Prime Time Program for employees over forty; Wellness Center; and
Generation to Generation (aging) Program.
Work-Life Initiatives: Employee Assistance Program; information materials and lunchtime seminars;
free Emergency Drop-In Child Care Center; and in-home care for employees' mildly ill children.
Indicates it takes problem of sexual harassment seriously.
Time
Warner
Family and medical leave policy is generally more generous than the federal requirements (up to
sixteen weeks of unpaid parental leave in connection with birth or adoption or placement of a child in
foster care).
With management's approval, employee can engage in part-time work, job sharing, or work at home.
Progressive employee benefit program of group life and group travel accident insurance; accident,
long-term disability, dental, comprehensive medical and dependent life insurance plans; and
retirement. (The company pays for all or most of the costs).
Company offers flexible reimbursement plan for health-related and dependent care expenses not
Turner
Construction
A 401(k) program, company stock, and U.S. Savings Bonds purchase programs are available to
employees.
Company also offers what it feels are liberal policies for sick leave, paid vacations, paid holidays,
relocation reimbursement, tuition reimbursement, and alumni gift matching program.
Offers sixteen (not twelve) weeks of job-protected Family Leave time off each year.
Allows employees to work alternate work days to address a specific need.
United
Allows professionals to take up to five of their sick days off each year to address dependent care
Technologies
needs.
Corporation
UTC's LifeChoices program addresses employees' needs for resource and referral services, including
fertility and adoption consulting services, a homework hotline for "latch key kids", on-site camp fairs,
etc.; and it is available free of charge, during business hours, and for twenty-four hours a day, seven
days a week for emergency situations.
Company has an EEO and a No Harassment Policy; an internal complaint procedure; specific training
on sexual harassment for all employees; pay equity and an annual audit of compensation policies and
practices, including incentive pay, base pay, and performance ratings; work-life and family-friendly
Wisconsin
policies and practices (including flextime, alternate work schedules, etc.); Dependent Life Insurance
Electric
option under Flex Benefits; Sick Child Care Plan (including monetary vouchers for use at sick child
Power
Xerox
Care Fund; Child Care subsidy, and Child Care Resource and Referral; Life-Cycle Assistance,
including Adoption Assistance, Mortgage Assistance, and Extended Household Health Care Benefit;
Employee Assistance Program; Education Assistance; and a Matter of Choice, in which an employee
can select from among offered benefit programs.
useful strategies. One company indicated that a formal written plan to support all decisions regarding employees would be
helpful. Such a plan would address such matters as the business rationale, staffing, communication, and outplacement.
When making decisions on staffing, another company emphasizes the importance of having a comprehensive list of key
competencies or criteria for selection decisions. Another company indicates the importance of a redeployment strategy, a
resume data base, and management's commitment to employee redeployment. As a whole, the companies suggest that
when termination and downsizing is becoming a reality, an employer should do everything reasonably possible to ensure
that employee separations are as voluntary as possible and that separations are accompanied with as much goodwill as
may be accommodated.
The companies suggest giving longer term employees the option of early retirement, as well as giving all employees
severance benefits, outplacement and financial counseling, and access to education, training, and grants and loans. One
company also provides employees about to be separated with the option of a paid internship with another non-competitor
employer, a stipend for community service work, or technical and financial support for individuals looking to start a new
business. A rehire list is another suggestion.
Many of the profiled practices go above and beyond the requirements of the law. Thus, for example, the law does not
require a strategic plan or severance benefits. In some instances, some of the practices described are directed to
compliance with the law. Thus, for example, when fairness of standards comes into play, it must be understood that race,
color, sex, etc., may not be the basis for the termination or downsizing of an employee. Nevertheless, we have cited
practices applicable to the fairness of standards. This was because fairness of standards is critical to an equal employment
opportunity workplace environment. The practices address many of the barriers in termination and downsizing, focusing on
adequate planning, fairness of standards used in making retention and termination decisions, and communicating with
employees. There is no indication that these practices cause or result in unfairness.
In implementing the termination and downsizing initiatives, there are certain steps that should be considered that will help to
avoid discrimination or limit liability. They are set forth in Appendix C.
The companies, whose practices have been profiled, are listed in alphabetical order by company. The table at the end of the
sub-section summarizes the practices brought to the attention of the Task Force, including those companies in the
comprehensive sub-section.
BANKBOSTON, N.A.
Background
Founded in 1784, BankBoston had $66.1 billion in assets as of June 30, 1997, and is the fifteenth largest bank holding
company in the United States. The company is engaged in consumer banking in southern New England; financing to
selected corporations regionally, nationally, and internationally; and full-service banking in key Latin American markets.
the more weeks of extra pay. Thus, employees making under $50,000 would get an extra 10 weeks' pay, those making
between $50,000 and $100,000 would get twenty weeks' pay, and those making over $100,000 would get thirty weeks' pay.
In the Bank's view, it usually takes higher paid employees longer to locate another position.
Terminated employees also would receive outplacement and financial counseling, plus access to education training grants
and loans, as well as job retraining. More specifically, the Bank would provide services, including workshops and one-onone counseling customized to meet the needs of the individuals. A "virtual" job center would be available to source jobs in
the marketplace with the objective of matching employee skill sets with available job listings. Employees would have access
to financial counseling services as well as job retraining grants and loans. Education/training grants are given to a level of
up to $3,000 per employee. Employees may also choose from among three "different direction" offerings: pay for a threemonth internship with a non-competitor; a stipend for six months of community service work; or support for individuals
looking to start a new business. These offerings are at BankBoston's expense. These services represent an investment in
the continued and enhanced employability of its displaced workforce by opening doors to new employment opportunities
and, in the case of those working for nonprofit organizations at BankBoston's expense, providing a tangible benefit for the
community as well.
INTEL CORPORATION
Background
Intel Corporation (Intel) designs, manufactures, and markets microcomputer components. It is the world's largest computer
chip maker and also a leading manufacturer of personal computer, networking, and communications products. Intel is
headquartered in Santa Clara, CA, and employs approximately 48,500 persons. Manufacturing, sales, and service facilities
are located in at least 21 countries.
OSRAM SYLVANIA
Background
Osram Sylvania, Inc. (OSI), is a $1.8 billion manufacturer and marketer of lighting products and precision materials and
components. It is the North American subsidiary of the German company, OSRAM, which is wholly owned by Siemens. OSI
employs 13,000 people and operates twenty-three North American factories, one equipment assembly operation, and nine
research and development laboratories. Most of the company's products are marketed in North America under the SYLVANIA
brand name.
Technical Skills
Strong on all required technical skills
Needs development
Significant deficiency
Of the thirty-five candidates, six were women. Four of the women appeared on the ten-person "Top Candidates for
Management Positions." One woman appeared on the ten-person "Next Level of Candidates for Management Positions."
One woman appeared on the list of remaining candidates.
Of the thirty-five candidates, sixteen were managers. Two of these were female.
Following the assessment, women were in two of the ten mid-management positions occupied two years later by the
original candidates. A third female would be in a manager position, but declined managerial duties in order to care for a
parent.
OSI submits its competency-based assessment as a best practice for two reasons. First, that when it needed help, it got the
appropriate assistance, i.e., from the Hay Group. Second, OSI submits that the behavior-based nature of the competencies
seems to support equal employment practices.
Baltimore
Plan (VSP) or in the Involuntary Severance Plan (IVSP). In VSP, employee gets lump sum cash benefit
Gas and
based on years of service; pay for unused vacation and personal choice holidays; benefits end on last
Electric
day of the month in which employee's employment ended, but employee will get opportunity to
continue or convert his/her coverage. In IVSP, employee may have benefits if company ended the
employment because of job elimination; any lump sum cash benefit, if any, is based on base pay and
length of service; employee's benefits (health, insurance, etc.) end the last day of the month in which
employment ended, but employee will be offered the opportunity to continue coverage or participation.
When eliminating 2,000 positions in 1996, created a multi-faceted approach to ease the transition for
all of the affected employees - Transition Assistance Program; allowed 700 positions to be eliminated
through attrition; announced an Early Retirement Plan which applied to 1,500 workers who were over
fifty-two years of age with at least ten years of service; provided laid-off workers two weeks of
BankBoston
severance pay for every year of service, plus a supplement of between ten and thirty weeks of extra
pay. Terminated employees also receive outplacement and financial counseling, plus access to
education, training, grants, and loans. Terminated employees may choose from among: internship with
non-competitor; stipend for community service work; or support for individuals looking to start a new
business.
To avoid layoffs because of job obsolescence, a workforce planning initiative, begun four years ago,
Bureau of
National
Affairs
(BNA)
was initiated. Early looks are taken of technological changes that may impact on the workforce; skills
and competencies that employees will need are determined; and necessary training is provided. Very
little downsizing has occurred, but when it does, an employee is given option of being placed on the
company's rehire list for a two-year period, and almost all of those employees have found other jobs
within the company, and were able to maintain their years of service for calculation of pensions and
other benefits.
When deciding to regionalize, company revised its "Work Force Management Policy" (later renamed
CIGNA
"Job Elimination Policy") and put in place a process requiring formal written plans in support of all
decisions regarding employees affected by the reorganization. The Job Elimination Plan must include
four parts: business rationale; staffing plan; communication plan; and outplacement plan.
Has a Displaced Employees Program for those who are displaced medically or technologically, which
aims to successfully place individuals as quickly and expeditiously as possible, although there are no
guarantees. An Employee Action Plan is developed for 90 days; the Corporate Education and
Erie
Development Center designs a program and workbook to help guide the employee through the
Insurance
identification of two or three possible positions the employee would like to pursue, and the planning
Group
and follow-through that will be needed. The employee is instructed in resume writing and successful
interview techniques; he/she may be sent to educational programs to beef up skills; and other experts
deal with stress and adjustment issues. EIG reports that all individuals displaced medically or
technologically were placed into permanent positions, but some experienced pay reductions.
Company is committed to continuously redeploying employees from areas of declining business value
to areas of increasing business leverage. Employee's manager has the responsibility to assist
employee in preparing a redeployment proposal with Human Resources; in defining job alternatives; in
networking; and in providing references internally. Employee's manager has responsibility to write a
Intel
transfer review, and to communicate actions, processes, and resources. A Business Unit
Redeployment Manager is provided to work with the employee in launching the job development
search, and to provide employee counseling. Also utilized in the process are: RESTRAC, a resume
database used by managers at all company sites; Outplacement Services; Employee Resource
Center; Human Resources Development Representative and site staffing consultants working with
hiring managers; and retraining of employees subject to redeployment.
Layoffs have been few. Downsizing was achieved primarily through voluntary separations. Company
Motorola
has a policy that Service Club members (those with more than ten years of employment approximately of the workforce) cannot lose their jobs due to economic reasons; and if termination is
proposed for cause, the case must be reviewed by the CEO.
One of the units of the company underwent a major reorganization, which condensed sixteen midmanagement positions that were organized along vertical lines to ten mid-level managers of projects
and cross-functional processes. The company obtained the services of an outside consulting firm, The
Hay Group, to assist with the reorganization and consolidation. At the recommendations of that group,
a set of seven behaviorally scaled competencies and three leadership or managerial competencies
Osram
were utilized by the unit's Vice President and directors to help assess a pool of thirty-five candidates for
Sylvania
ten newly reorganized positions. Women comprised six (17%) of the thirty-five candidates, with four in
the group of ten "Top Candidates for Management Positions," one in the next level of ten candidates,
and one in the third group. There were sixteen managers amongst the thirty-five, of whom two (13%)
were women. Following the assessment, women were in two (20%) of the ten mid-management
positions.
Company downsized in 1994. To ensure that women, people of diverse ethnic and racial background,
Wisconsin
Electric
Power
and older employees were not disproportionately being terminated, a snapshot of each business
unit/department was taken before any layoffs occurred. Business units/departments were then asked
to submit their "proposed" layoffs; the Workforce Diversity staff performed an adverse impact analysis
on the proposed layoffs and shared the results with the units. If the proposed layoffs would have
adverse impact, units/departments were asked to think about ways to reduce the impact.
Xerox
When the company must reduce its ranks, it tries to avoid unnecessary impact on minorities and
Corporation
women.
in ADR systems, the Task Force was constrained by the fact that several courts have found mandatory binding arbitration
systems imposed as a condition of employment to be lawful, while the Commission [by policy guidance, policy statement,
litigation and amicus participation] has consistently opposed such systems as contrary to the spirit of the laws it enforces.
In deference to the Commission position on this issue, the Task Force has chosen not to feature as a best practice any ADR
system that provides for mandatory binding arbitration imposed as a condition of employment. The companies whose
practices are featured were chosen because of the diversity and comprehensiveness of their ADR strategies, and/or the
unique and innovative design of their programs.
The companies, whose practices have been selected, are presented next in alphabetical order by company. The table at the
end of the sub-section summarizes the practices brought to the attention of the Task Force, including companies from the
comprehensive sub-section.
B E and K, INC.
Background
B E and K, Inc. (B E and K), is a global engineering and construction, maintenance, and environmental firm headquartered in
Birmingham, AL. The company has 7,900 employees.
TRW
Background
TRW, Inc. (TRW), is a transportation parts and equipment producing company that manufactures and sells products and systems
in two industry segments: Automotive (automotive systems and components); and Space and Defense (spacecraft, software and
systems engineering support, and electronic systems). Founded in 1901, TRW is headquartered in Cleveland, OH, and employs
more than 60,000 people in twenty-seven countries.
The employee might also wish to use the Senior Management Review Process. Under this mechanism, the employee would
apparently discuss the problem with the plant manager or two progressively higher levels of management. The Senior
Management Review Process will be final and binding on TRW if accepted by the employee, but the employee may choose
to further use peer review or arbitration.
Under
Peer Review, the dispute is submitted to a panel of employees, a majority of whom must be composed of the employee's peers.
The panel consists of five members, two supervisory level employees selected by the employee from a pool of supervisory level
employees and three peers selected by the employee by drawing from the appropriate pool of peer panelists. The employee
draws four names from the supervisor pool, selects two names to serve, selects one name as an alternate, and discards one
name. The employee will draw five names from the peer pool, select three names to serve, select one name as an alternate, and
discard one name. The panel leader, selected by the panel members, initiates testimony by the employee and supervisor. No
internal or external employee representation will be allowed during the proceedings. Other employees recommended by the
employee or supervisor may be asked to present information. The panel may also seek advice from experts within the company
regarding policy interpretation, etc. A majority of three members of the panel will determine the decision.
Each party is responsible for its own costs with certain exceptions. TRW will pay the costs and fees of the mediator. The
employee will not be responsible for the salaries of the employees on the peer panel.
Barnett
problems allow those concerned to explore all alternatives, and decide which solution is best.
Banks, Inc.
An Ombudsman is available for employees who are not comfortable discussing work-related issues
with their supervisor or the Human Resources Department; maintains absolute confidentiality, remains
impartial, assures open discussion without fear of reprisal; and for more complicated situations, but
only with the employee's permission, will intervene and attempt to reach an agreement that is
satisfactory to everyone involved.
Employees, assured that they can raise issues or complaints without fear of retaliation or harassment,
discuss grievances with their immediate supervisor, or with the next level of management if the
situation involves the immediate supervisor. Grievance Coordinator provides guidance to employee,
Baltimore
and makes recommendations to the supervisor to ensure prompt resolution, normally within ten days.
Gas and
If employee is dissatisfied, he/she can continue up the chain of command to the Vice President, or
Electric
have the appeal heard by a Peer Review Panel. The five panel members are randomly selected by
the employee from two groups (a manager/supervisor pool and a non-supervisor pool) - three from
the pool that is most like the employee and two from the remaining pool . The panel's decision is final
and binding.
Company has a five-option program called Employee Solution Program, consisting of: Open Door
Policy, voluntary, which allows employee to talk to immediate supervisor or higher levels of
management without fear of retaliation, while being encouraged to solve the problem at the lowest
possible level; Employee Hotline, where employee is referred to a free, expert, and confidential
advisor about available options for problem solving; Conference, a meeting where the employee and
B E and K
a company representative sit with someone from Employee Solution Program to talk about the
dispute and a process for resolving it; Mediation, where if either party requests it, the other party has
to participate, and where if the employee requests it he/she must pay a $50 processing fee;
Arbitration, which, although it is not a requirement, the employee may elect to make binding, and for
which, if requested by the employee, requires him/her to pay a $50 processing fee. Employee still
may go to EEOC.
Under an internal EEO complaint process, employee alleging discrimination or harassment practice
may initiate complaint and forward it to EEO Office; management asked to respond; EEO Office
conducts investigation, during which employee and management are kept informed of status;
complaint may be dismissed if the EEO Office indicates it has no merit; EEO Office conducts and
Bureau of
coordinates conciliation efforts, but if not satisfactorily resolved, documents efforts and reasons in
National
Affairs
(BNA)
Employees represented by union can contact union for assistance in resolving workplace problems,
and have a right to file a grievance against manager if manager's actions are unfair and in violation of
provisions of bargaining agreement.
Employees not represented by union are free to seek assistance and counsel from representative of
Human Resources Department.
As a result of focus group meetings throughout the country, employee has the following options for
addressing allegations of discrimination and other grievances: Speak-Easy, an internal grievance
procedure that gives the employee the opportunity to talk to management about any work-related
concerns; or Peer Review, which allows the employee to talk to his/her supervisor at the first step, or
CIGNA
to the person to whom his/her supervisor reports at the second step; and at the third step to make a
choice between receiving a decision that is final and binding on the company from either a Peer
Review Panel, or from the Division Head; and finally, Arbitration, which the employee is mandated to
go through, if dissatisfied with either of the previous decisions, before going externally to a regulatory
oversight agency (e.g., EEOC) or to court.
Has an internal Complaint Resolution Process, through which employees are encouraged to first seek
assistance from their supervisor; but if that is not appropriate, from their Human Resources
Representative; or if the employee prefers, from the Director of Diversity and People Development,
who thoroughly and discreetly investigates, with a review of legal issues with appropriate Legal Staff.
Dial
An investigative report goes to the Sr. Vice President of Human Resources and the appropriate
Corporation
functional Vice President within the organization where the alleged offense occurred; and they decide
whether allegations are supported by the investigatory findings.
Where the company or one of its leaders was in error, every effort is made to make a full resolution of
the situation with the employee. Nothing in the internal process prevents or discourages the employee
from pursuing other remedies available under various laws.
If situation or dispute arises, employees have option of discussing their issues with their supervisor or
an Equal Opportunity/ Affirmative Action (EO/AA) Counselor.
Equal
Employment
Advisory
Council
Submittal 1
If filed with an EO/AA Counselor, the Counselor receives all information concerning the allegation
from the employee; explains neutral and confidential investigative process and its time frames;
develops case strategy and interview plans; conducts investigation; reviews all related records and
documents; analyzes all facts and options for corrective action(s) if appropriate; discusses with
appropriate management and law department any considerations and/or options involving corrective
action(s); provides results of investigation to those employees who have a need to know; and enters
appropriate information into mechanized system for tracking/data analyses purposes.
Corporate Justice System (CJS) was designed, developed, and implemented by Office of Diversity.
Employees may seek information, consultation, assistance, counseling, mediation, and/or file a
complaint with the Office of Diversity. All employment disputes are handled by CJS, including
allegations of discrimination, harassment, unfair treatment, violation of company policies/procedures,
Fannie Mae
improper personnel policies/practices, and gross mismanagement. All such matters are to be handled
promptly, impartially, and confidentially. In the voluntary dispute resolution process of Mediation,
where a trained, neutral Mediator intervenes between disputants to identify issues, promote
reconciliation, explore options, facilitate compromise, and help arrive at a mutual agreement, it is the
responsibility of the parties to agree upon a solution, and reach a negotiated settlement of their
differences.
Company's Open Door Program is staffed by Senior Specialists, who are accessible to all employees,
and are highly-trained, impartial fact finders, who look at all sides of concerned issues. The specialist
meets with employee to discuss employee's concerns and issues; conducts a confidential
Intel
investigation; analyzes all information with an eye toward compliance with company guidelines,
Corporate Business Principles, general fairness, and the law; makes recommendations to employee
and management chain about how to best resolve the issues; helps find workable solutions; and gives
information about the issues only to those individuals with a "need to know." The employee is not
penalized for participation.
International
Business
Machines
(IBM)
Employees are encouraged to come forward and talk to their manager at any time they have
experienced harassment. Communication channels, such as Open Door, Panel Review, and Speak
Up Programs exist to help employees address their situations.
ADR policy applies to all employees in U.S. except those covered by collective bargaining agreement.
The ADR mechanisms used include Mediation, Senior Management Review Process, Peer Review,
TRW
and Arbitration. Arbitration is mandatory, but not binding on the employee; all of the other mechanisms
are optional to the employee, and none are binding on the employee. Each party is responsible for its
own costs with certain exceptions. For example, company will pay the costs and fees of the Mediator.
UTC's Ombuds and DIALOG programs provide a neutral and confidential communication process as
United
an alternative to established channels of expressing employee concerns. Any issue can be raised
Technologies
(except those covered by a Collective Bargaining Agreement) in confidence, and without fear of
Corporation
retribution, for Senior Management awareness, consideration and response. UTC reports that the use
of these programs has resulted in effective and expedient internal resolution of matters.
Company initiated the Consulting Pairs Program, where Consulting Pairs teams take the lead in
breaking down relationship barriers within the workforce. They confidentially mediate a broad range of
"issue resolutions" to improve work relations among employees; facilitate "join-ups" for new or
Wisconsin
transferred employees to reduce the orientation period and allow them to contribute to their work area
Electric
as quickly as possible. All team members must complete fifteen days of training on race, gender, and
Power
conflict resolution skills. Employees are encouraged to use a hot-line which triggers an assignment of
the employee's issues to a pairs team that best mirrors the employee(s) involved. Consulting Pairs
serve for an eighteen month period; and a total of eighteen members are selected to represent
approximately 500 employees.
FANNIE MAE
Background
The Federal National Mortgage Association, commonly known as Fannie Mae, is a mortgage financial services company
based in Washington, DC. It is America's largest supplier of conventional home mortgage funds and, generally, the largest
issuer of debt in the United States, second only to the U.S. Treasury. It works in partnership with communities across the
country to make affordable housing and home ownership opportunities available to more American families. Fannie Mae
has more than 2,900 employees.
employee group for those age forty and over or having seven or more years tenure at Fannie Mae.
Managing Diversity workshops have been conducted for all supervisors and managers.
Fannie Mae's diversity and affirmative action programs are specifically designed to remove the barriers to equal
employment opportunity. Goals are established, but are flexible targets that the company tries to meet. Fannie Mae seeks to
ensure that it obtains a diverse workforce as it continues to hire and promote the best person for the job. Fannie Mae seeks
to achieve representation of racial, ethnic, and gender groups at each level of management -- for officers, directors, and
managers -- that approximates that of (each group in) the population of the United States. Fannie Mae indicates that a
private employer may voluntarily give a preference to a minority or female candidate for the purpose of eliminating a
conspicuous imbalance in a traditionally segregated job category, even if there is no proven unlawful discrimination.
Accordingly, Fannie Mae states that it may consider race and/or gender as one factor in choosing among qualified
candidates for a job. Nevertheless, Fannie Mae takes the position that once a conspicuous imbalance is eliminated,
racial/gender preferences cannot be used, and that affirmative action goals should not be used as a reason to hire or
promote anyone who is unqualified. It also states that a manager should not refuse to consider a qualified non-minority or
male candidate simply because of a need to address an affirmative action or diversity goal.
Fannie Mae enclosed numerous fact sheets that it distributes to its employees. These included Diversity Works at Fannie
Mae--Corporate Philosophy on Diversity; Diversity Advisory Council; Diversity Training; Employee Support Groups;
Guidelines for Recognition of Fannie Mae Employee Support Groups; Special Emphasis Programs; Corporate Mentor
Program; Peer Mentor Program--New Employee Information; Equal Employment Opportunity/Nondiscrimination; Corporate
Justice System; Sexual Harassment; Harassment; Disabilities and Reasonable Accommodation; Affirmative Action;
Opening Doors to Opportunity; Diversity Questions and Answers.
Fannie Mae's employee handbook details EEO rights and responsibilities.
The Fannie Mae Foundation, the company's philanthropic arm, supports national and local nonprofit organizations working
to provide decent and affordable housing and vital neighborhoods in communities throughout the United States. The
Foundation also funds human
development, health, and education programs that enhance individual potential with a special concern for youth. Fannie Mae
actively promotes employee volunteer involvement in community service in its WAVE (We Are Volunteer Employees) program.
Fannie Mae also engages in minority- and women-owned business activities encompassing a number of strategies
designed to increase the amount of business with such businesses, including its OUTREACH program and ACCESS, an
initiative designed to increase its business with minority- and women-owned securities firms.
PPG
Background
PPG Industries, Inc. (PPG), employs 31,000 persons throughout the United States, and is headquartered in Pittsburgh, PA.
The company manufactures and distributes glass protective and decorative coatings, flat and fabricated glass products,
chlor-alkali and specialty chemicals.
development of a diversity overview videotape for use in employee meetings, and expansion of existing mentoring
programs.
A review of all regular training and development course offerings takes place annually to ensure that affirmative action and
diversity initiatives are given appropriate time and attention.
Dial
Corporation
Erie
Mandatory training in EEO policies and the handling and reporting of discrimination/harassment
Insurance
complaints is provided for employees every two years; and the company indicates that its Policy
Group
Statement includes all of the issues plus methods of implementing its EEO policy.
Special programs recognizing and highlighting the contributions of various cultural heritages;
"Managing Diversity" workshops for all supervisors and managers; Diversity and affirmative action
Fannie Mae
International
Business
companies; and has long-standing relationship with United Negro College Fund.
Machines
(IBM)
Restructured its educational opportunities to focus on school reform, e.g., Reinventing Education.
Sponsors PBS television show for children, Puzzle Place.
Has Faculty Loan, Minority Campus Executive, and Technical Academic Career Programs.
Established the Ph.D. Project, the goal of which is to assist the diversification of U.S. business school
faculties.
Supports associations providing doctoral students of color with networking opportunities in their
specific disciplines that can help them achieve their goals.
KPMG Peat
Marwick
MITRE
Actively involved in supporting programs at high schools (e.g., T.C. Williams High School in
Alexandria, VA) geared to increasing minority participation in technical careers.
Each business sector or group creates its own diversity program, so each is designed differently.
Has approved support groups and networks for women and minorities.
Shares its Diversity/EEO/AA achievements and awards with employees via print media, video, etc.
Motorola
CEO sits on the board, and company provides financial and employee support to the National Urban
League.
Minority students are aided through the company's various partnerships with the Chicago public
school system; and African American women employees volunteer in the Sojourner Program, which
provides mentors for hundreds of "at risk" African American women in the Chicago area.
Is founding company of the Meals-on-Wheels program in the U.S.
Northern
For many years associated with the Special Olympics, the Metro Paint-a-Thon, and the United Way,
States
Power
NSP employees give their time, skills, and expertise to community efforts; and through the NSP
Shared Resources Program are able to volunteer their time during the employees' work days.
Is supportive of a diverse workforce, including numerous employee organizations which reflect the
interests and needs of its employees.
Has long supported a variety of conferences and trade fairs to help identify minority- and womenowned business enterprises and disabled veterans' business enterprises for specific procurement
opportunities.
Pacific
Telesis
Portland
indicated that progress had been made in: development and implementation of a Diversity Strategic
General
Plan; benchmarking PGE's Diversity Efforts and Successes; Diversifying PGE's Board of Directors;
Electric
obtaining Officer and Manager Involvement in Network and ACD activities; considering how to
appropriately use "The Color of Fear" videotape; developing New Employee Packets and Orientation
for Diversity; and implementing a Diversity Communications Campaign.
Diversity Awareness Training sessions. Corporate Diversity Council headed by CEO or Senior Vice
President.
EEO, Affirmative Action, and Diversity Training as a part of PPG's supervisory training program since
1988.
PPG
Industries
Annual training sessions on affirmative action plan preparation conducted by Human Resources staff.
EEO staff quarterly review of all facilities' affirmative action plans and identifying progress against
goals and areas for improvement.
CEO has directed that each Vice President set unique individual or organizational annual goal for
enhancing corporation's diversity efforts and has personally reviewed those goals and progress
toward their achievement.
Offers diversity education to everyone in the firm to raise and maintain a high level of awareness and
improve their communication and relationship-building skills, so they can work more effectively with
Price
Waterhouse
Has gender awareness course to help break down gender barriers, plus two other diversity courses
featuring: global difference - culture's impact on business; and diversity - valuing a diverse workforce.
Nearly 1,800 staff members participated in diversity education programs.
Procter and
Employees are expected to uphold the company's fundamental principles, including the development
Gamble
of a diverse organization.
Developed a training video, in English and Spanish, to emphasize the company's commitment to a
working environment free from discrimination and harassment.
Provides numerous seminars and training sessions for employees annually, which cover the laws
Rouse
Time
serves as an interface between staff and management, as an action-planning body, and as a group of
Warner
voices seeking to advance a dialogue; establishes action plans and timetables; sorts through issues
raised in company-wide surveys and from individuals, and develops recommendations for senior
management; determines topics for the Diversity Initiative Speaker Series; and reviews diversity
initiative communications.
Says it is acutely aware of its responsibilities to its neighbors; therefore, company staff actively
participates in various community programs such as YouthForce 2000, INROADS, Christmas in April,
and Habitat for Humanity.
Turner
Has sought out Minority Business Enterprise(s) with whom it can do business; states that it created
Construction
California's first minority joint venture, and paved the way for minority joint ventures in the industry.
Since 1979, has entered or completed 17,437 contracts involving minority and women enterprises as
subcontractors or joint venture partners, with a value on the contracts of more than $5.9 billion.
Partnered conceptually and financially with CBS Television's Hartford, CT, affiliate to sponsor a threepart Straight Talk - Race Relations television series. The program has led to the development of a
United
statewide student group called Straight Talk - Kids, which visits area High Schools to further
Technologies
discussions and understanding of better relations. Community interest has led to the development of
Corporation
Wisconsin
Formed the Diversity Network, which is composed of five interlocking components: Diversity
Electric
Leadership Development, Diversity Training Design Team, Diversity Action Team, and Consulting
Power
Xerox
Caucus Groups, where each becomes an advocate of a specific employee group and tries to help one
Corporation
another advance in their careers, press for effective management education, etc.
CEO Roundtables, where CEO can hear the status of diversity from "unfiltered' groups of employees.
Minority/Female Vendor Program, where Xerox purchases products, supplies and services from
qualified minority-owned and women-owned businesses.
The companies, whose practices have been selected for profiling, are listed in alphabetical order by company.Thetable at the end
of the sub-section summarizes the practices brought to the attention of the Task Force.
DIAL CORPORATION
Background
The Dial Corporation (Dial), a $3.6 billion Fortune 500 company, operates in two business sectors: consumer products and
services. It is headquartered in Scottsdale, AZ, and has 28,000 employees worldwide with 3,000 in the U.S. One of its major
divisions, The Dial Consumer Products Group, was founded in 1887, and is one of the country's leading manufacturers of
food, soap, detergent and household products.
EASTMAN KODAK
Background
Eastman Kodak Company (Kodak) is a leading developer, manufacturer and marketer of consumer and commercial imaging
products. The company's roots date back to 1879 when George Eastman obtained a patent on his plate coating machine. Today,
the company is headquartered in Rochester, NY, and employs 94,800 workers. Manufacturing operations are maintained in
Canada, Mexico, Brazil, the United Kingdom, France, Germany, Australia, and the U.S. Kodak products are marketed in more
than 150 countries.
The management leadership is reflected in the company's establishment of people as one of its priorities, and in its
communication of the company's direction and plans to become the best place to work for every employee through its
diversity, work-life, and development strategies. A Diversity Leadership Council, comprised of senior executives
representing all of the businesses and related corporate functions, develops and drives key diversity initiatives worldwide.
Corporate objectives have been updated to reflect diversity and inclusion. The Diversity Strategic Plan describes the current
status of the company, where it plans to go, how it plans to get there, and serves as a guide for company organizations to
devise their own diversity journeys.
To assess its diversity program and needs, the company held a Worldwide Dialogue with 300 senior managers to define
what accountability for diversity success would include. The Diversity Accountability Framework identifies the fundamental
behaviors and actions which are needed from every manager to accomplish the company's Global Diversity Goal, and the
measures that will reflect its success.
Included in the company's strategies for achieving the company's diversity goals are the following efforts:
A Diversity Education and Training Strategy which establishes a consistent delivery of diversity education and describes
an array of education options for company organizations.
Diversity Best Practices Forums to allow organizations to learn from others and which are highlighted in forums,
newsletters, and other communications.
A Diversity Home Page which includes on-line tools, materials, resources, and other information.
A Diversity Resources Center, a reference library which includes books, periodicals, videos, and other diversity
education and training materials.
The company's outreach and recruitment efforts include strengthened on-campus relationships which identify early top
candidates; the use of external search firms; diversity-focused ad campaigns; increased internal job posting levels to
broader access; and K-12 educational programs to invest in the future workforce.
Work-Life Programs create a supportive and flexible work environment. Employee participation in network groups, Diversity
Advisory Boards, Councils, and Task Forces fosters communication, professional development, teamwork throughout the
world, and also helps the organizations to establish priorities and actions which help the company meet its diversity
objectives.
FANNIE MAE
Background
The Federal National Mortgage Association, commonly known as Fannie Mae, is a mortgage financial services company
based in Washington, DC. It is America's largest supplier of conventional home mortgage funds and, generally, the largest
issuer of debt in the United States, second only to the U.S. Treasury. It works in partnership with communities across the
country to make affordable housing and home ownership opportunities available to more American families. Fannie Mae
has more than 2,900 employees.
Fannie Mae's submission includes numerous statements from its highest management officials indicating a firm commitment
to equal employment opportunity (EEO), to nondiscrimination in all aspects of employment; and to its diversity and
affirmative action programs, which are specifically designed to remove barriers.
The President and Chief Operating Officer head a Diversity Advisory Council, a standing committee which is comprised of
senior management; representatives of employee support groups; representatives of each Regional Diversity Advisory
Council; and persons from the offices of Diversity, Human Resources, Training and Development, and the General Counsel.
The Council's role is to identify issues, help develop and initiate diversity strategies, and communicate with senior
management on a continuing basis.
Fannie Mae has an Office of Diversity, headed by a vice president, and reporting directly to the President and Chief
Operating Officer. The Office of Diversity's mission includes developing goals to achieve diversity at all levels; creating a
culture to maximize the corporation's ability to hire, retain, develop, and promote a diverse workforce; monitoring corporate
compliance with all legal requirements regarding EEO and affirmative action; developing and operating an employee dispute
resolution process; and administering the corporate mentor program. It coordinates with the Office of Training and
Development in the development of programs to address diversity issues and fair employment practices. It coordinates with
the Office of Human Resources in conducting assessments/surveys of the Fannie Mae culture.
PPG
Background
PPG Industries, Inc. (PPG), employs about 31,000 persons throughout the United States. PPG is headquartered in
Pittsburgh, PA. The company manufactures and distributes glass protective and decorative coatings, flat and fabricated
glass products, chlor-alkali and specialty chemicals.
Cincinnati, OH 45202-3315
Executive leadership reviews progress toward external and internal hiring and promotion
goals, and links incentive pay to the achievement of these goals.
Committed to achieving cultural diversity at all levels of the company; to being a leader in
fair treatment of all and in innovative programs to maximize the potential of all; and in
Bureau of National
Affairs (BNA)
Managers are held accountable for their EEO performance; are trained to understand and
utilize the special strengths of a diverse workforce.
CEO launched and supported the Initiative for the Retention and Advancement of Women,
Deloitte and Touche
LLP
which led to a better work environment for both women and men. He and his top
management approved and implemented the recommendations of the company task force,
which had obtained valuable input from the employees; monitored progress; and
communicated that progress to employees through colorful brochures.
CEO has issued policy statements to all employees on EEO/Affirmative Action (AA) which
indicate that the workplace must be fair and equitable to all employees, and that goals are
not only legal requirements, but are linked to the dignity and value of each person, as well
as to the business success of the company.
Dial Corporation
All managers and supervisors are required to attend Civil Treatment for Managers, and all
employees are required to attend the program entitled Optimizing Diversity, to ensure that
all employees know Dial's guidelines and understand their responsibilities to the company
and to each other.
Does an extensive self-audit on an annual and on-going basis.
CEO has committed that management will be held responsible for increasing the
percentage of women, minorities, and non-U.S. Nationals as succession candidates to key
positions.
Eastman Kodak
Managers are held accountable for achieving global performance expectations, including
building and maintaining a diverse corporation, employee development, people leadership
in building a performance-based culture that delivers business results, and achieving the
commitment that 40% of the candidates for management positions will be drawn from
women, minorities, and people of other cultures.
Company says it takes great pride in its EEO Policy, not only because it's grounded in
Federal law, but because it mirrors Erie's organizational culture of service to their policy
holders, agents, and fellow employees. Within the service policy is one of Erie's core
values (i.e., to treat one another as one would wish to be treated). Some examples of the
EEO Policy include: mandatory training every two years for all management and nonmanagement employees, including on how to handle and report discrimination/harassment
groups; corporate compliance with all EEO requirements is monitored; collection and
maintenance of EEO/AA data is assured; goals are developed to achieve diversity at all
levels; and efforts are made to maximize the corporation's ability to hire, retain, develop,
and promote a diverse workforce. Office of Diversity is headed by a Vice President and
reports directly to the President and Chief Operating Officer.
The company has determined that it is in its best business interest to have a workforce
that looks like, understands, and appreciates its diverse customers, and can produce
products that are needed by diverse clients. Its workforce diversity program is built on
Equal Opportunity, Affirmative Action, and Work-Life Programs, which work to eliminate
International Business
Machines
conducive to the highest quality work in a workplace where all people feel comfortable and
productive.
(IBM)
Behavior that creates an intimidating or offensive environment will not be allowed.
Goals, not quotas, are flexible, are set by job groups, and require good faith efforts of
managers. In meeting the goals, candidates are selected from among the best qualified, in
a way that ensures that the best people possible are being hired.
Senior managers continually express a commitment to diversity, communicate it to all
employees through seminars on a variety of diversity issues, and include diversity efforts
MITRE
in the budgeting process in such areas as recruitment and hiring. The corporation works to
be known as an active and dynamic EEO employer committed to effective affirmative
action; and it supports organizations which are advocates for minorities, women, and
individuals with disabilities.
CEO leads by championing diversity/EEO/AA; by encouraging strong leadership from the
heads of Motorola's major businesses and appropriate partnering by the Human
Resources organizations; by monitoring progress; and by having his bonus and the bonus
Motorola
compensation of his executives tied to effective results. The CEO and Chief Operating
Officer have diversified the Board of Directors; and "constant respect for people" and
"uncompromising integrity" are key cornerstone beliefs of the company. CEO and
President led effort to break the Glass Ceiling for women and minorities.
NSP states it is committed to fully utilizing the talents and skills of all employees to be
competitive in the changing utility industry.
Has updated its Diversity Strategy, which was developed bottom-up, rather than top-down,
to reach enhanced integration of diversity into business practices and ownership of goals
and accomplishments down to site and individual level.
the specific needs of newly hired or promoted managers, persons of color, and women;
and mandatory training for all newly hired and promoted managers, and for all middle
managers and above on EEO/AA and sexual harassment prevention. A Joint Diversity
Council, with membership from each of eight employee groups, meets regularly with senior
managers to discuss and resolve issues.
CEO has committed publicly to all employees worldwide his support for EEO, AA, and
Diversity, and the importance of these in achieving PPG's key business objectives in 1997.
He has directed each VP to set unique individual or organizational annual goals for
enhancing the company's diversity efforts; and has personally reviewed these goals and
progress toward their achievement. Many VPs in turn have instituted similar activities with
PPG Industries
their staffs. Management has identified key executive competencies to ensure continued
success in the global marketplace, and they include the importance of valuing diversity,
definitions of what that means, as well as the kinds of behaviors that characterize this
competency area.
Company leaders have included diversity goals in their accountability documents for 1996.
Chairman has reflected his commitment to the company's people, to diversity, and to equal
opportunity in various communications to employees and managers. A National Diversity
Council ensures that leaders focus on high-priority diversity issues, including work/family
issues, and produce tangible results.
Price Waterhouse
Recognition and rewards program was revamped to reinforce and reward the encouraging
of the advancement of women and people of color. To foster accountability, partners are
evaluated on their success in actively fostering the careers of and retaining high
performing women and minority staff.
Chairman & CEO's commitment to diversity has been communicated widely within and
outside the company because managing a strong diverse organization is right for
business, is essential to achieving business goals and objectives, and is critical to
achieving superior business results. The company manages diversity as it would any other
key business strategy - establishing clear accountability and measuring results so that
barriers are eliminated, and advancement of minorities and women into leadership
Procter and Gamble
Rouse
of each year between the AA Officer, General Counsel, and heads of various corporate
divisions to identify opportunities for recruiting, training, and promotion of minorities and
women into upper management.
EEO/AA programs are rooted in the company's values of its heritage - emphasis on quality
and integrity, service to clients, and concern for each individual within the organization and in the company's tradition of social responsibility and fair play.
Turner Construction
Company's programs have become models for the construction industry. Company strives
to maintain an environment where all employees have the opportunity to reach their
potential.
United Illuminating
Strongly committed to EEO/AA, and combines it with their corporate goals of energy
conservation and service to the community.
Diversity Awareness initiative puts ownership for progress in middle-management hands.
United
TechnologiesCorporation
Xerox Corporation
J. Partnership Programs
The partnership programs presented in this report exemplify a variety of relationships that have been established to help
meet the needs of one or more of the partners. Many impact directly or indirectly on the identification and preparation of a
skilled workforce for the future.
Some entities may assist companies in filling a particular equal employment opportunity need or needs. A consultant may
provide assistance in planning and implementing a program facilitating equal employment opportunity for present and/or
prospective employees. Thus, for example, a work-life initiative could be pursued by a company with the assistance of a
consultant. Other entities may assist companies in finding, training, and honing unpolished talent. Thus, an employment
agency may help a company in such a recruiting initiative. Of course, partnerships are not so limited. Indeed, partnerships
may involve a myriad of equal employment opportunity initiatives and a host of players, including private sector employers,
in addition to government agencies, communities, consultants, schools, individual volunteers, as well as nonprofit
organizations, all working together with the goal of providing opportunities for a targeted group or all employees.
These programs may be helpful from two perspectives. First, they may be a contact point for getting direct assistance in
facilitating employment relationships. Second, they may serve as a prototype for similar projects. The Task Force believes
there are some exciting and innovative initiatives being offered. While, in some cases, it is too early to tell how well these
initiatives have worked, the Task Force nevertheless has concluded that they are worthy of special notice.
The selected companies, organizations, or entities are presented in alphabetical order.
AMERICA WORKS
America Works is a private employment agency headquartered in New York City, that specializes in helping welfare
recipients get jobs.
America Works specializes in a full range of entry-level positions: receptionist, secretary, word processor, mail-room clerk,
customer service rep, cashier, factory/warehouse security worker, among others. The salary for its placements typically ranges
between $15,500 to $18,000 per year.
America Works obtains its employee candidates by advertising for welfare recipients looking to work. It gives them a week
of "preemployment orientation" and two or more weeks of additional training. It then sends the employee candidates to
interview for appropriate positions.
America Works has a network of 500 client employer companies. Its customers range from organizations that have fewer
than fifty employees to larger Fortune 500 companies.
Employers "try out" every employee for up to four months. During this time, America Works pays the employee directly and
bills the employer for the salary. America Works pays workers' compensation and unemployment claims, applicable to the
employee, during this time. America Works also provides the employee a support specialist who visits weekly, monitors
performance, and provides whatever help is needed, whether it be a problem at work or home. After the "try out" period, the
employer decides whether to hire the person. If the employer decides to hire the person, America Works gets paid $5,000 to
$5,490 by the welfare department.
Over the past decade, America Works has placed more than 5,000 welfare recipients in jobs, paying an average of $15,000
per year and providing full medical benefits. The average client: a woman with two children and no high school diploma who
has spent 4.9 years on welfare. Eighty-five percent of those employees that America Works has placed have kept jobs for at
least a year, according to a 1993 study by Ernst & Young. According to America Works, more recent New York state data
show that this approximate rate still holds.
Initiative (WTI). Under WTI, the Washington, DC (DC or District of Columbia) community is in the process of adopting a
comprehensive strategy to prepare DC citizens for jobs, requiring computer and other technological skills, that foster
economic development. The strategy includes the entire community: schools, business and labor, community organizations,
and government and international agencies. Thus, a network of continuing partnerships between schools and community
groups on one side and providing partners on the other is contemplated. The providing partners--companies, government
and international organizations--would use their technological skills to wire sites, install hardware and software, train
teachers and administrators, and be a continuing resource for schools and community organizations.
The Washington Post (March 7, 1997) reported in its business section about one of FEI/WTI's pilot programs, a new
computer network training program being conducted at one of the District of Columbia's public high schools (Ballou) for
twenty-three senior class students. Working closely with school officials and FEI, the Novell Corporation, a work office
software company, provided a cadre of Ballou twelfth-graders and community members with courses and training to qualify
for one of the company's national certification programs (Certified Novell Administrator). Participants, who successfully
complete the program, graduate with a high school diploma and a nationally recognized technology certification.
Washington, DC, area technology companies, including BTG, Inc., Compaq Computer, and Bell Atlantic of Washington, DC,
donated and installed computers for the three-month training. BTG and Educational Data Systems have promised to hire all
of the students, who pass standard certification exams for the positions, at starting salaries of $25,000 to $30,000. The
software and other teaching and student materials were donated by Novell. Bell Atlantic and Potomac Electric Power Co.
upgraded Ballou's electrical circuits and telephone connections.
In addition, an essential element of the Ballou project was the partnership between the school and the U.S. Immigration and
Naturalization Service (INS). Drawing on the agency's vast pool of technology expertise, the Ballou project engaged several
volunteers who worked constantly to improve the infrastructure of the school. INS volunteers assessed the technological
capability of the school (a site survey). Next, they developed plans to wire the school (wiring schemes), which when
completed, made the school ready to accept new technologies. INS volunteers regularly provide site surveys to ensure the
Ballou project maintains its high level of technological readiness. In addition, INS volunteers work closely with teachers and
the Novell trainers to provide students and community members with useful technology skills.
This program could be a model for many similar programs in terms of a mutually beneficial community and business
partnership.
disabilities that has been in existence for nine years. It recognizes that the support of people with psychiatric disabilities
must go beyond the rehabilitation service and include the worksite and the clinician.
MMC is also a member and the project leader of a consortium, which began in 1993, of some sixteen employers to promote
employment for people with psychiatric disabilities. The purpose of the program is to determine how the consortium of
employers can collectively:
1. improve career development training and employment opportunities for people with psychiatric disabilities;
2. assist in achieving compliance with the ADA, especially as it relates to people with psychiatric disabilities; and
3. test strategies that later can be disseminated to other elements of the working community.
Consortium member representatives are Human Resource managers from each institution or company. In addition, there
are representatives of the Maine State Department of Mental Health and Mental Retardation, a mental health consumer who
is employed, and the Augusta Mental Health Institute. The program is being conducted under the auspices of the HIP.
MMC, as the project leader, works with the representatives from the Human Resource offices to determine:
1. the employment needs of the employers represented that can be met by people with psychiatric disabilities;
2. the kinds of skills, knowledge, and attitude training needed by supervisors and co-workers to manage effectively people
with psychiatric disabilities;
3. how training can best be designed and delivered to employees; and over a three-year period, how many supervisors
can be trained in the best ways to support employees with psychiatric disabilities; and
4. how many people with psychiatric disabilities can be engaged in career development/on-the-job training and hired. Each
member of the consortium has pledged to provide a minimum number of jobs each year. The consortium will intervene
to enhance job opportunity.
In implementing the program, alternative strategies are developed and tested in the group of cooperating employers for
expanding development, training, and employment opportunities. Training, planning assistance, and evaluation for Human
Resources personnel and others responsible for recruitment, hiring, training, and oversight of personnel are provided.
Accordingly, for example, employment specialists work with the employers to develop natural supports and reasonable
accommodations. Education of co-workers and support for training of target constituencies are also provided.
For 1996, it was anticipated that 132 individuals, all having a major psychiatric disorder and unemployed, would be matched
for work history.
the NTA, effective models and activities are uncovered and evaluated, and the lessons learned are widely disseminated so
that others can learn what works from its findings.
NTA submitted a booklet entitled Directory of Model Projects-1996, containing profiles of model demonstration transition
projects, including Bridges from School-to-Work, supra, funded through 1996 by the U.S. Department of Education, Office of
Special Education and Rehabilitative Services. The projects are divided into six categories: (1) post secondary
demonstration projects; (2) model demonstration projects to identify, recruit, train, and place youth who have dropped out of
school; (3) demonstration projects to identify and teach skills necessary for self-determination; (4) research projects on the
transition of special populations to integrated post-secondary environments; (5) multi-district outreach projects; and (6)
research projects on student involvement in transition planning.
TALENT ALLIANCE
Rapidly evolving technology and soaring global competition have led to trends in mergers and acquisitions, corporate
downsizings, and restructuring initiatives that have impacted the productivity and profitability of corporations and the security
of the workforce. With personal employment security plummeting, society is demanding more effective means of managing
corporate restructuring and labor market shifts.
The Talent Alliance is a nonprofit coalition of American business firms, industry and trade associations, nonprofit
organizations, academics, governmental representatives, and professional service leaders. The purpose of the Talent
Alliance is to foster universal employability, career continuity, and personal security for the growth and success of
employers, the workforce, and the U.S. economy. The organization will focus on developing state-of-the-art standards,
policies, work ways, and tools to create the most competitive, productive, agile, and personally secure labor force in the
world.
The Talent Alliance has a hierarchy of memberships -- millennium leaders, founding, sponsoring, general, associate, and
research members. There also are two related organizations -- the Talent Alliance Institute and the Talent Alliance
Foundation. The Alliance operates with on-going Boards of Trustees and several committees. Some levels of membership
contribute to the Alliance in hierarchical amounts, while some pay no membership fee, and others pay a usage fee for
services.
The Talent Alliance will initially offer four programs:
A Futures Forum, which will comprehensively research, develop and communicate policy positions on future skills and
work ways in specific industries (this is for employers, academics, and government officials);
Career Growth Centers to enhance the employability of individuals through best-in-class on-line and on-site career
planning tools and professional counseling;
Training and Education initiatives to provide individuals with ready access to best-in-class training and education
opportunities through a variety of media; and
A Job-Application Matching System to match applicants with available positions from member companies in real-time
through highly accessible, state-of-the-art processes.
initiatives. During the 1996-97 school year, over 175 students and sixty businesses participated.
WFD offers clients research, strategy consulting, training, community-investment management, and employee support
services. Its services are designed to benefit corporations and their employees by reducing employee stress, job burnout,
absenteeism and health-related costs, and improving employee commitment, performance, and the retention of top
performers.
WFD focuses on its LifeWorks program, which it provides to employers. In its view, LifeWorks, WFD's enhanced family
resource program, provides the assistance working people need to do their best at work and also care for their families.
Through LifeWorks, employees can receive help planning for and anticipating life changes, information about normal
developmental occurrences that are difficult to manage, and tangible assistance in identifying resources such as dependent
care, schools, and financial aid options. LifeWorks covers a range of personal/family issues that affect work life, such as
finding child care and managing the relationship with a provider, or caring for older relatives from a distance. It also helps
employees deal with work issues that affect home life such as managing the emotional and logistical aspects of relocating a
family or handling the unique parenting issues of shift workers. According to LifeWorks, it addresses the entire spectrum of
employee concerns involving parenting, education, helping parents and older relatives, as well as caring for oneself.
STUDY
-- Since one cannot solve problems one does not know exist:
Get to know the law and standards that define your obligations.
Get to know the various barriers to equal employment opportunity.
Get assistance with the technical aspects of this process. Among available sources are:
Commission technical assistance.
Professional consultants.
PLAN
-- Formulate strategies for achieving successful EEO results.
Know your own circumstances (workforce and demographics - local, national, and global).
Develop a vision of what your company will look like when you have achieved full diversity at all levels of management.
Define your problem(s) or organizational barriers to successful career development and advancement for minorities,
women, persons with disabilities, and other protected groups.
Propose solution(s) to address your problem(s).
Propose assessment procedures to determine if and to what degree you were successful in your approaches.
LEAD
-- Senior, middle, and lower management must champion the cause of diversity and provide not only symbolic but actual
leadership for its implementation. One can promote Equal Employment Opportunity and diversity, not only as a morally and
legally correct thing to do, but importantly, as a business imperative. Accordingly:
Walk the talk.
Ensure that management decision makers are fully committed to equal employment opportunity, and demonstrate by
their managing how full diversity can be achieved.
Ensure that there is meaningful management and employee communication regarding EEO and diversity activities,
one's goals and objectives, and how that enhances business values and mission.
ENCOURAGE
-- Companies should encourage proper action by all managers, supervisors, and employees. Business practices and reward
systems should be structured to promote diversity. If a diverse workforce is desired, behaviors that promote diversity must be
rewarded. In this way, organizations will truly get what they pay for. Accordingly:
Ensure that the appropriate accountability mechanisms are in place to assure progress and compliance.
Link between pay and performance should reflect technical competency as well as interpersonal skills.
Adopt clear policies, procedures, and training mechanisms.
Reinforce communication of the message that diversity is a business asset and a key element of business success.
NOTICE
--Take notice of the impact of your practices. Self-analysis is a key part of this process. Accordingly:
Continually monitor and assess progress and compliance. Encourage feedback, candid and constructive problemsolving, and recommendations.
Ensure that a practice does not cause or result in unfairness.
Project positive external notice about the kind of company you are building.
DISCUSSION
-- Communicate and Reinforce the message that diversity is a business asset and a key element of business success.
Accordingly:
Do not assume employees and managers know this.
Communicate with them.
Sell the programs.
INCLUSION
-- Bring everyone into this process; leave no one behind. Accordingly:
Don't leave out white males; they should not be, nor do they want to be, "the problem."
Start by making clear that EEO initiatives are good for the company and, thus, good for everyone in the company.
Then, include all groups in the analysis, planning, and implementation.
DEDICATION
-- Long term gains from these practices may cost in the short term. Accordingly:
Do not be afraid to ride out any bumps in the road.
Assign needed resources, human and other capital.
*********************************
The suggestions above are just a small sampling of the characteristics that seem to be common in most of the companies
that operate their EEO compliance procedures above and beyond the minimum basic legal requirements.
Use internships, work/study, co-op, and scholarship programs to attract interested persons and to develop interested
and qualified candidates.
Develop and support educational programs and become more involved with educational institutions that can refer a
more diverse talent pool.
Ensure that personnel involved in the recruitment and hiring process are well trained in their equal employment
opportunity responsibilities.
Explore community involvement options so the company's higher profile may attract more interested persons.
Eliminate practices which exclude or present barriers to minorities, women, persons with disabilities, older persons, or
any individual.
Include progress in equal employment opportunity recruitment and hiring as factors in management evaluation.
elimination and include, if needed, recommendations for change to such statutory, regulatory or procedural guidance or
policies. After reviewing the comments received from the stakeholders and conducting our own assessment of the statutes
the Commission enforces, as well as the substantive and procedural guidance issued by the Commission, the Task Force
concludes that none of the Commission's current regulations or policy guidance hinder the development of best practices,
but rather promote voluntary compliance with the statutes EEOC enforces. Therefore, the Task Force is making only a few
recommendations, which are designed to enhance noteworthy compliance. Further, based on the input from external and
internal stakeholders, the Task Force concludes that no recommendations to Congress for changes in the statutes enforced
by the Commission are warranted at this time.
In addition to engaging in the numerous operational activities to facilitate the development of best EEO practices described
below, the Commission has historically and consistently issued procedural and substantive policy guidance to facilitate
voluntary compliance with the laws the Commission enforces, including the development of best practices. Since its
inception, the Commission has issued procedural regulations governing our operations and substantive policy guidance
interpreting the laws we enforce.
2. Procedural Guidance
The Commission's procedural regulations[23] describe the function and authority of various officials of the Commission and
the procedures established by the Commission to carry out its enforcement responsibilities, including the processing of
charges of discrimination filed with the Commission. In addition to the procedural regulations, the Commission has issued
two other documents which provide guidance to investigators on how to process charges of discrimination, Volume I of the
Compliance Manual and a June 1995 guidance memorandum, providing guidance on the new priority charge handling
procedures entitled, Priority Charge Handling Procedures.
3. Substantive Guidance
The Commission has also consistently issued substantive guidance on the laws we enforce. This policy guidance informs
employers, employees and other members of the public about the EEOC's interpretations of the laws the agency enforces,
and also serves to develop the law on novel issues.
a. Commission Decisions
In the early years, the Commission issued interpretations of Title VII through Commission decisions which resolved charges
of discrimination. Although these decisions only resolved a particular charge of discrimination, the policy positions taken in
the decisions often had a major impact on the expansion of employment opportunities for minorities and woman. For
example, in its first year of operation, the Commission announced that racially segregated unions, seniority lists, and lines of
promotion constitute per se violations of Title VII. The Commission also ruled that segregation of employees by race in the
use of working area, rest rooms, locker facilities, and recreational facilities violated Title VII.
In that same year, the Commission issued several interpretations that had a major impact on the employment opportunities
of women. For example, the Commission ruled that women could not be denied overtime, refused supervisory training, or
denied employment because they are married. The Commission also ruled that Title VII prevents an employer from reducing
the hours of work of female but not male employees; it forbids an employer to refuse to promote a female employee
because the higher job would require greater contact with males or subject her to working conditions which, in the
employer's opinion were "unsuitable" or "undesirable" for women. The Commission also held that employers must provide
reasonable job protection to women during pregnancy. Although issued in the context of resolving a charge of
discrimination, these interpretations of Title VII required the elimination of discriminatory employment practices that
benefited many employees. They also served as an incentive to other employers to bring their employment practices into
compliance with the new law.
issuing broad-based guidelines, which interpret the law regarding a specific issue, rather than resolve a specific charge, was
to inform a wider audience of the requirements of the law and thus facilitate voluntary compliance with the law. These
guidelines have also been instrumental in the development of the law in various areas. For example, in 1966 the
Commission issued guidelines which took the position that employment practices that have an adverse impact on the
employment opportunities of minorities and women violate Title VII. 35 U.S.L.W. 2137 (1966). The Supreme Court ultimately
adopted that position in Griggs v. Duke Power Co., 401 U.S. 424 (1971).
The Commission has also been instrumental in the development of the law in the area of sexual harassment, issuing
guidelines in 1980 clarifying that sexual harassment constitutes sex discrimination in violation of Title VII. 29 C.F.R.
1604.11. Many courts have cited and relied on these guidelines in resolving cases which raise this issue.[24] Similarly, the
Commission has been a leader in the development of the law in the area of pregnancy discrimination, amending its sex
discrimination guidelines in 1972 to take the position that it is a violation of Title VII to require a woman to take leave from
her job because she is pregnant or to terminate a woman because of pregnancy. 29 C.F.R. 1604.10. At that time, the
Commission also held that for purposes of leave, health, disability or other benefits, pregnancy must be treated just like any
other disability. Id. This position was adopted by the courts and ultimately the Congress when it passed the Pregnancy
Discrimination Act of 1978. (See Volume II of the Compliance Manual 626, Pregnancy) .
Between 1965 to 1972, the Commission issued guidelines on sex discrimination, national origin discrimination, employment
testing, and religious discrimination. Currently, the Commission's guidelines cover those issues as well as affirmative action.
29 C.F.R. Part 1604--Guidelines on Discrimination Because of Sex; 29 C.F.R. Part 1605--Guidelines on Discrimination
Because of Religion; 29 C.F.R. Part 1606--Guidelines on Discrimination Because of National Origin; 29 C.F.R. Part 1607-Uniform Guidelines on Employee Selection Procedures (1978); 29 C.F.R. Part 1608--Affirmative Action Appropriate under
Title VII of the Civil Rights Act of 1964, as amended.
The Commission has also issued regulations which explain the legal requirements and provide guidance on how to comply
with the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq., the Americans with Disabilities Act (ADA),
42 U.S.C. 12101 et seq., and the Equal Pay Act (EPA), 29 U.S.C. 206(d).[25] The applicable regulations are found at 29
C.F.R. Part 1620--The Equal Pay Act; 29 C.F.R. Part 1625--Age Discrimination in Employment Act; 29 C.F.R. Part 1630-Regulations to Implement the Equal Employment Provision of the Americans with Disabilities Act.
4. Future Policy
The Commission recently engaged in a negotiated rulemaking on waivers of age discrimination claims related to retirement
and severance benefits under the Older Workers Benefit Protection Act. A proposed regulation implementing the
agreements reached in the negotiated rulemaking process was published for notice and comment last spring. Regulations
Interpreting Title II of the Older Workers Benefit Protection Act of 1990 (OWBPA). 62 Fed. Reg. 22426 (April 25, 1997).
Currently, the Commission is also considering several policy documents that will be helpful in the development of best
practices. For example, the agency is considering issuing guidance on the application of the ADA to employer-provided
health insurance and the disparate impact theory under the ADEA. The Commission's regulatory agenda is published
semiannually in the Federal Register.
7. Recommendations
As this brief summary of the Commission's activities in the policy arena indicates, the agency has been and continues to be
committed to providing guidance to the public about the laws we enforce. That commitment includes obtaining input from
internal and external stakeholders about the type and kind of policy guidance we should issue. The Office of Legal Counsel,
which is primarily responsible for developing policy for consideration by the Commission, regularly meets with a broad range
of external stakeholders, including personnel from other federal agencies, to seek input on policy issues. The development
of policy is also driven by the kinds of issues reflected in our charge inventory and litigation docket, and by input from
investigators and attorneys in the field. The Commission will continue these practices. In addition, any interested person
may petition the Commission in writing, for the issuance, amendment, or repeal of a rule or regulation. 29 C.F.R. 1601.35.
The Commission always welcomes input from stakeholders on how it may better serve the public and the public interest.
The Task Force's recommendations are as follows:
The Task Force recommends that the Commission place greater emphasis on the development of procedural and
substantive policy guidance. Moreover, the development and issuance of this guidance should continue to take into
serious consideration the agency's NEP/LEP priorities, assessment of input from district office outreach meetings and
discussions, and TAPS program feedback.
The Task Force encourages a comprehensive and speedy review of Volume II of the Compliance Manual. Moreover, the
Task Force recommends that the review and issuance of updated sections of Volume II continue to be done in
conjunction with input from external stakeholders and in close coordination with headquarters' policy, program, and field
office staffs.
B. Operational Considerations
1. Introduction
This sub-section of the Best Practices Task Force Report assesses what the Commission can do operationally to facilitate
the development and implementation of best equal employment opportunity policies, programs, and practices. One of the
key factors in implementing best practices is for those affected by the laws EEOC enforces to be well-informed on what
each of the statutes requires. Moreover, we have suggested that best practices are not those which minimally comply with
the law. Instead, the focus of the Task Force has been to look at best equal employment opportunity practices which are of
noteworthy compliance.
This part of the Task Force report begins with a brief history of the Commission's education, technical assistance, and
outreach programs designed to inform stakeholders about the statutes the Commission enforces, as well as the
Commission's procedural and substantive guidelines. The Task Force thought this would be helpful and illustrative of the
Commission's longstanding commitment to education, technical assistance, and outreach programs. Secondly, the report
addresses the Commission's commitment to programs. Third, the report sets forth comments received from the
Commission's stakeholders, external and internal. Finally, the report discusses the Commission's education, technical
assistance, and outreach programs in terms of recommendations of strategy and best practices.
a. Legislative Background
In the legislative debates connected with the passage of Title VII, Congress acknowledged that an effective antidiscrimination effort would require proactive educational, promotional, and technical activities to weed out deeply rooted
habits, attitudes, and beliefs. Accordingly, as a preventive law enforcement measure, the Commission was authorized,
under section 705(g)(3) of Title VII, to furnish technical assistance to persons subject to the Act in furthering compliance with
statutory mandates.
dialogue with external stakeholders, and helped shape ensuing Commission guidelines and EEO reporting requirements.
Supporting the technical assistance strategies was the research and analysis of private sector employment data collected
by EEOC (EEO-1 Employer Information Reports). During its first seven years, the Commission became a clearinghouse for
private sector employment pattern information, producing or contracting for dozens of individual studies, and publishing
numerous articles or reports.
Another phase was designed to educate employers about our statutes through umbrella organizations, trade journals, and
television and radio broadcasts. Many of the agency's district personnel made appearances and presentations on local
radio and television. Moreover, EEOC sponsored a television satellite seminar which was conducted in September 1987.
The seminar which contained instruction and vignettes on the various laws we enforce was broadcast to 55 sites throughout
the country via public television. Commissioners' and headquarters' staffs conducted the televised instruction while field
office personnel facilitated discussion at the various local sites. Over 4,500 industry and government representatives
attended the event at a cost of $50.00 each.
Office of Field Programs has begun the work to implement the suggestions. The Revolving Fund Division is also currently in
the process of redesigning its program evaluation methods and approach.
For FY 1998, the Revolving Fund Division is designing and making available a variety of shorter and lower-cost training
programs for underserved areas and small businesses. New training materials and civil rights handbooks are being
designed to support these and other planned activities, including "train-the-trainer" programs. Moreover, new training
materials will be developed in CD ROM and video format, some of which will be available for sale in 1998.
4. The Agency's Commitment to Education, Technical Assistance, and Outreach Programs Through the Year 2000
a. The Agency's Strategic Plan
In its five-year strategic plan, the Commission is committed to a comprehensive and coordinated outreach program that
provides both basic and specialized education, technical assistance, and training activities to all persons with rights and
responsibilities under the laws enforced by the agency. An effective outreach program is a major component of the
Commission's law enforcement program. Through outreach, the Commission promotes equal employment opportunity
through voluntary compliance and the prevention of employment discrimination. Outreach activities also fulfill statutory
mandates directing the Commission to provide a broad range of free outreach products and services to the public.
Accordingly, the agency, as it has done in the past, will continue to:
provide stakeholders with general and basic information, and education and technical assistance, particularly explaining
basic rights and responsibilities of those covered by the laws enforced by EEOC;
supply speakers or resource persons to speak at meetings, including those of business or civic groups;
provide speakers to professional and trade association membership meetings;
participate in civic or public activities where Commission presence is needed;
speak to student groups; and,
participate in special events such as Black History Month, and Hispanic and Asian Pacific American Heritage Month
activities sponsored by civic groups or government agencies.
c. Agency Reorganization
Under the agency's May 1997 reorganization plan, a Revolving Fund Division, under Field Coordination Programs within
OFP, was created. The Division is responsible for implementing the EEOC Education, Technical Assistance, and Training
Revolving Fund Act of 1992. Its responsibilities include in part:
monitoring and supporting the timely and successful completion of all projects, services, and materials supported by the
Fund;
preparing reports on the operations, planning, and administrative activities of the Fund; and
establishing and maintaining a management information system for the review and administrative management of the
Fund.
OFP also has primary responsibility for providing operational guidance and coordinated assistance to district offices as
these offices implement the outreach programs described in their respective LEPs. Moreover, OFP has overall responsibility
for the implementation of no-fee programs involving education and technical assistance. There is an outreach unit which
coordinates no-fee outreach, education, and technical assistance programs nationwide.
In addition, a new Office of Research, Information and Planning was established as part of the agency's reorganization
effort. The Program Research and Surveys Division in that office has as part of its responsibility:
conducting research studies and analyses of the raw statistical data gathered by EEOC, relevant to the Commission's
policy and program needs or emerging national issues;
providing technical interpretation of survey data as it relates to specific Commission initiatives or proposed initiatives;
and
providing technical and general summaries of statistical trends and the meaning and probable impact of EEOC
programs on these trends.
The Program Research and Surveys Division can prepare a variety of employment research studies and analyses. These
studies and analyses may be prepared in coordination with and in direct support of the agency's outreach, education, and
technical assistance initiatives.
Task Force received the following input on what EEOC can do to further advance its education and technical assistance
programs, including the Fund:
a. The Fund
The Task Force should survey employers, through the Internet, to determine the level of interest in purchasing recorded
TAPS programs (either on audiotape or videotape). To the degree that there is a demand for such products, the
Commission should produce high quality programs for sale and consider having them reviewed and certified for CLE
credit.
The Commission should organize a TAPS program in Washington, DC, inviting chief executive officers and other top
level corporate managers. At that seminar, EEOC staff should discuss contemporary legal issues, developments in the
law, and compliance requirements. Moreover, staff from other civil rights regulatory agencies and departments, such as
the Office of Federal Contract Compliance Programs (OFCCP) and Wage and Hour Division at the U.S. Department of
Labor, the Civil Rights Division at the U.S. Department of Justice, and other federal agency representatives could also
address EEO issues. In addition, representatives from organizations, such as the National Employment Lawyers
Association, the Lawyers Committee, and labor and interest groups such as the National Association of Manufacturers
could be invited to participate. Such a conference would give executives and external representatives a chance to
provide input on what their organizations would like EEOC to do in order to achieve the goal of voluntary compliance
with the nation's various civil rights laws.
The Commission should consider conducting smaller scale TAPS programs, possibly in a roundtable format. EEOC
could provide the moderator/presenter and propose an initial set of topics. Participants would be asked for their input on
topics of primary interest and concern. The seminar would be aimed at small and medium sized firms and would be
limited to a small group of attendees. To keep costs low, the seminar could be held in a public meeting place or a local
business facility. The exchange would enable participants to share EEO experiences and best practices in an
educational format.
The Commission should organize and conduct TAPS programs and/or outreach activities that are tailored to employers
who are supportive of dispute resolution alternatives, such as mediation.
The Commission should conduct more TAPS programs in rural or "isolated" locations.
b. No-Fee Programs
To further promote and advance the no-fee educational, technical assistance, and outreach programs of the Commission,
field office staffs and a variety of external stakeholders have recommended the following to the Best Practices Task Force:
Educational and technical assistance publications should be prepared in foreign languages and formats accessible to
people who are blind or visually impaired or who have other reading disabilities, and should be widely distributed to field
offices.
The Commission should establish a partnership with the Better Business Bureau to develop and implement education
programs for its membership.
To further extend EEOC's presence and further the Commission's educational impact, the Commission should consider
holding public hearings and/or Commission meetings outside of Washington on contemporary and emergent EEO
issues.
Modified versions of materials EEOC develops for TAPS should be developed and placed on the web for access free of
cost.
The Task Force Report should be made available to the public through EEOC's web site to enhance its accessibility.
The Task Force should survey the public to ascertain what additional materials should be provided by EEOC on the web
site and/or other media.
The EEOC should publicize on an annual basis a list of employers who over a period of time, e.g., two to five years,
have achieved exemplary voluntary compliance by using some of the best practices described in the Task Force Report.
The Commission should consider the adoption of an awards program for best practices.
The EEOC should encourage open communications between itself and employers who want to change their current
policies and practices, but who may need help from EEOC in establishing more appropriate new ones. Such technical
assistance should be provided on-site, where possible, as part of a district's outreach program.
The Commission should produce a wide variety of training materials for use by entities covered by laws EEOC
administers. Basic and advanced versions of materials should be developed to address varying levels of need by small,
medium, and large-sized employers.
The Commission should issue more policy guidance, such as ADA-related interpretations of the law.
OFCCP maintains Industry Liaison Groups in areas served by its offices throughout the country. Field offices meet with
these companies on a periodic basis. Part of the meeting typically is devoted to providing the members with information
on new developments in relevant law and regulations. Another part of the meeting may be taken up with the members
discussing their own compliance practices and experiences. EEOC should consider setting up a similar liaison structure.
EEOC should periodically publish a newsletter to send to a large number of employers, chambers of commerce,
manufacturers, and other trade associations. Such a newsletter could include summary examples of violations found,
settlement provisions, awards obtained from litigation, and policies approved for publication.
employees, and to inform them of the requirements of the law regarding the provision of reasonable
accommodation, pre-employment inquiries, and the ADA's overall provisions;
A recreation association provides sexual harassment training for both its management and seasonal
employees. The Commission has agreed to provide the training, with the association underwriting basic costs;
and
A restaurant included a training program for its entire facility on the development of policy on sexual
harassment. EEOC will also provide training for the restaurant consortium (to which the employer belongs)
members to educate business owners as to their responsibilities under Title VII, and more specifically, the issue
of sexual harassment.
A food company developed and maintains nondiscriminatory hiring guidelines which enhance employment opportunities
for all applicants, particularly women and African Americans.
An employer has engaged in an active program to recruit women, and continues to financially support colleges and
universities which focus on the education of women. The employer also discontinued its testing program for entry-level
positions because it had adversely impacted on women.
A utility company has instituted a program which rotates employees out of their assigned job classification for a period of
time. This is designed to provide opportunities for women and minorities to get relevant work experience in nontraditional jobs, so that ultimately, they may qualify to bid on those particular jobs when openings occur.
6. Recommendations
The basic purpose of the Task Force's recommendations is to help employers as much as possible to facilitate the
development and implementation of best equal employment opportunity practices. The Task Force emphasizes that its
recommendations, regarding the inclusion of best practices, in the Commission's enforcement activities refer to best
practices that are within the Commission's enforcement authority.
The comments from the external and internal stakeholders were found to be very helpful. Many have merit. However, in
times when Commission resources are limited and demands placed upon those resources are heavy, decisions as to the
allocation of those resources are difficult. Thus, suggestions with large costs must be viewed with considerable scrutiny.
Under these circumstances, the suggestion for an extensive EEOC newsletter, for example, was not adopted. Moreover,
many of the comments in the general operational category either do not appear to be relevant to the Task Force's
considerations of best employer practices or have important implications beyond the scope of the Task Force. In that
context, the Task Force did not make any recommendations concerning them. The Task Force also did not adopt the
suggestion that a Commission Awards program be created for employers with exemplary voluntary compliance records
because it believed that the issue was beyond the scope of this report. However, the Task Force has sought to
comprehensively address the concerns of all stakeholders and recognizes the public's need for easier and expanded
access to EEOC programs and information.
The focus of the Task Force's recommendations falls into four primary areas. First, the Task Force recommends that the
Commission be more involved in providing stakeholders assistance in implementing best practices. This includes providing
technical assistance on-site, where possible, collecting best practices information and models, establishing industry liaison
groups, providing more materials, and providing easier and more frequent access to Commission programs. Second, the
Task Force recommends that the Commission engage in various communications initiatives. This includes encouraging
employers to give their evaluations of Commission activities in education, technical assistance, and outreach, so that the
Commission can be even more responsive to employer needs. In addition, it includes making the Commission and program
resources more accessible to stakeholders. Third, the Task Force recommends certain coordination initiatives in order to
facilitate greater effectiveness and efficiency in the planning and delivery of the Commission's programs. Fourth, the Task
Force has made recommendations concerning the use of its settlement agreements and/or consent decrees. The Task
Force's recommendations are as follows:
b. Communications
The EEOC should continue to encourage open communications with employers who want to change their current
policies and practices, but who may need help from EEOC in establishing more appropriate new ones.
The Office of Communications and Legislative Affairs, in coordination with OFP, OGC, and the Office of Legal Counsel,
should continue to periodically publish educational and technical assistance materials in English and foreign languages,
as well as in a format accessible to individuals who are blind or visually impaired or who have other reading disabilities,
to help those who are affected by the laws we enforce to better understand their statutory rights and responsibilities. To
the extent possible, published materials should continue to be placed on the EEOC web site for free public access.
The Task Force recommends that OFP report annually to the Commission on the status and accomplishments of the
Fund and other education, technical assistance, and outreach programs. The report should include an evaluation and
presentation of best practices.
The Revolving Fund Division should continue to reevaluate its TAPS program assessment methods, with an eye toward
obtaining longer-term feedback from TAPS attendees and the development of qualitative, results-oriented indicia, such
as systemic practices or policy changes. Attendees should be asked how and to what extent the program facilitated their
compliance with the law and, if so, whether it facilitated best practices.
c. Coordination
The Task Force encourages the Commission to continue to develop, in a coordinated fashion, the most effective and
comprehensive outreach program that provides both basic and specialized education, technical assistance, and training
activities to all persons with rights and responsibilities under the laws enforced by the agency.
The Task Force recommends that, to the extent possible, additional resources be devoted for full program planning,
implementation and oversight responsibilities for the agency's no-fee education, technical assistance, and outreach
programs.
Aetna, Inc.
America Works
BankBoston, N.A.
Human Resources
100 Federal Street, Boston, MA 02106
Telephone: 617-434-9965
Donald Minor
BE&K, Inc.
Resources Department
1231 Twenty-Fifth Street, NW, Washington, DC 20037
Telephone: 202-452-4200 Telex: 285656 BNAI WSH
Anne K. Michaud, Director of Compliance, Corporate People
CIGNA
Diversity
1650 Market Street, Philadelphia, PA 19192-1530
Telephone: 215-761-8191 FAX: 215-761-5513
Kate Davie, Manager for the Advancement of Women
Eastman Kodak
Fannie Mae
Intel Corporation
(IBM)
Matt Berkowitz
245 Fifth Avenue, Suite 1801, New York, NY 10016
Telephone: 212-251-0880
Leslie Sizemore-Hardin
Motorola
Disabilities
Washington, DC 20009-1202
Telephone: 202-884-8183
Libbey Chiodo, Diversity Specialist
OSRAM SYLVANIA
Development
100 Endicott Street, Danvers, MA 01923
Telephone: 508-750-2240
Amy Ahrens, Integrated Health Services Leader
Rewards and Resources
Talent Alliance
Jeannette C. Galvanek
P.O. Box 9239, Morristown, NJ 07960
Richard Parsons, President
TRW, Inc.
Communications
Xerox Corporation
Communications
800 Long Ridge Road, Stamford, CT 06904
Telephone: 205-968-4257 FAX: 205-968-3368
Harassment
Harassment on the basis of race and/or color violates Title VII. Ethnic slurs, racial "jokes," offensive or derogatory
comments, or other verbal or physical conduct based on an individual's race/color constitutes unlawful harassment if the
conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual's work
performance.
Pre-Employment Inquiries
Requesting pre-employment information which discloses or tends to disclose an applicant's race suggests that race will be
unlawfully used as a basis for hiring. Solicitation of such pre-employment information is presumed to be used as a basis for
making selection decisions. Therefore, if members of minority groups are excluded from employment, the request for such
pre-employment information constitutes evidence of discrimination.
However, employers may legitimately need information about their employees' or applicants' race for affirmative action
purposes and/or to track applicant flow. One way to obtain racial information and simultaneously guard against
discriminatory selection is for employers to use "tear-off sheets" for the identification of an applicant's race. After the
applicant completes the application and the tear-off portion, the employer separates the tear-off sheet from the application
and does not use it in the selection process.
Speak-English-Only Rule
A rule requiring employees to speak only English at all times on the job may violate Title VII, unless an employer shows it is
necessary for conducting business. If an employer believes the English-only rule is critical for business purposes,
employees have to be told when they must speak English and the consequences for violating the rule. Any negative
employment decision based on breaking the English-only rule will be considered evidence of discrimination if the employer
did not tell employees of the rule.
An employer must show a legitimate nondiscriminatory reason for the denial of employment opportunity because of an
individual's accent or manner of speaking. Investigations will focus on the qualifications of the person and whether his or her
accent or manner of speaking had a detrimental effect on job performance. Requiring employees or applicants to be fluent
in English may violate Title VII if the rule is adopted to exclude individuals of a particular national origin and is not related to
job performance.
Harassment
Harassment on the basis of national origin is a violation of Title VII. An ethnic slur or other verbal or physical conduct
because of an individual's nationality constitute harassment if they create an intimidating, hostile or offensive working
environment, unreasonably interfere with work performance or negatively affect an individual's employment opportunities.
Employers have a responsibility to maintain a workplace free of national origin harassment. Employers may be responsible
for any on-the-job harassment by their agents and supervisory employees, regardless of whether the acts were authorized
or specifically forbidden by the employer. Under certain circumstances, an employer may be responsible for the acts of nonemployees who harass their employees at work.
WAGE DISCRIMINATION UNDER THE EQUAL PAY ACT AND TITLE VII
A. Equal Pay Act
The Equal Pay Act requires that men and women be given equal pay for equal work. The jobs need not be identical, but
they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.
Specifically, the EPA provides:
Employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and
responsibility and that are performed under similar working conditions within the same establishment. Each of these factors
is summarized below:
Skill--The key issue is what skills are required for the job, not what skills the individual employees may have. For example,
two bookkeeping jobs could be considered equal under the EPA even if one of the job holders has a master's degree in
physics, since that degree would not be required for the job.
Effort--For example, suppose that men and women work side by side on a line assembling machine parts. The man at the
end of the line must also lift the assembled product as he completes his part, and place it on a board. That man's job would
not be considered to involve equal effort as the other assembly line jobs if the extra effort of lifting the assembled product off
the line is substantial and is a regular part of the job.
Responsibility--For example, a salesperson who is delegated the duty of determining whether to accept customers' personal
checks has more responsibility than other salespeople. On the other hand, a minor difference in responsibility, such as
assignment of the task of locking up at the end of the day, would not justify a pay differential.
In correcting a wage differential, no employee's wage rate may be reduced.
Wage differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other
than sex.
raised the salaries of its male guards who worked in the male section of the jail, but failed to raise the salaries of the female
guards in the female section of the jail. An Equal Pay Act claim failed because it was determined that the male and female
guard jobs were not substantially equal. Nevertheless, the female guards were able to prove a violation of Title VII by
establishing that their wages were depressed due to sex discrimination. County of Washington v. Gunther, 452 U.S. 161
(1981).
Hiring
An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform
the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or
the prejudices of co-workers, clients or customers.
Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy related conditions on the same basis as
costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life
of the mother is endangered.
Pregnancy related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment
is on a fixed basis or a percentage of reasonable and customary charge basis.
The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No
additional, increased or larger deductible can be imposed.
If a health insurance plan excludes benefit payments for pre-existing conditions when the insured's coverage becomes
effective, benefits can be denied for medical costs arising from an existing pregnancy.
Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female
employees.
Fringe Benefits
Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits
must be provided for pregnancy related conditions if benefits are provided for other medical conditions.
If an employer provided any benefits to workers on leave, the employer must provide the same benefits for those on leave
for pregnancy related conditions.
Employees with pregnancy related disabilities must be treated the same as other employees with temporary disabilities, for
accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.
Acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and
providing qualified readers or interpreters.
An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would
not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action
requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources
and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation, nor is an employer
obligated to provide personal use items such as glasses or hearing aids.
Apprenticeship Programs
It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to
discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within
certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.
where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the essence of the
business.
Pre-Employment Inquiries
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because
such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to
discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made
for a lawful purpose, rather than for a purpose prohibited by the ADEA.
Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from
denying benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the
reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
APPENDIX B
GLASS CEILING REPORT ON STEREOTYPES
The Glass Ceiling Report[28] exhaustively studied the problem of stereotyping.[29] The report noted that some stereotypes
have resulted from wide publicity given in the media to the actions of a few individuals from a group. Id. at 27. Thus,
negative stereotypes may result from the media coverage of the exploits of a few African American, Asian, or Latino gang
members or drug users. Id. Similarly, many Americans see or read in the media about individual American Indians who have
suffered sustained poverty, lack of adequate education, lack of jobs, attacks on their culture, and lack of hope, and thus
American Indians, as a group, may be perceived as dysfunctional. Id. at 93-94.
Other stereotypes reflect the image the entertainment industry has given to particular groups of people. Thus, African
Americans may be perceived as faithful servants, American Indians as savages or bad, Asians as treacherous and
mysterious, and Latinos as spitfires of the silver screen. Id. at 27, 94. On the other hand, if the only Hispanics or Asian and
Pacific Islander individuals one ever meets are waiters and parking lot attendants, the tendency is to believe that they are all
like that.[30] Id. at 27.
The Glass Ceiling Report also indicated that African American men are stereotypically perceived as "lazy/ undisciplined/
always late/ fail to pay their taxes/ unqualified but protected by affirmative action/ violent/ confrontational/ emotional/ hostile/
aggressive/ unpredictable/ unable to handle stressful situations/threatening/ demanding/ militant/ loud/ and less intelligent
than other racial or ethnic groups." (Italics and slashes in original). Id. at 71. The report further indicated that African
American women are stereotypically perceived as "incompetent/ educationally deficient/ aggressive/ militant/ hostile/ lazy/
sly/ and untrustworthy." (Italics and slashes in
original). Id.
The stereotypes of American Indians that emerged from the Glass Ceiling Commission research were also negative (e.g.,
"not qualified", "irresponsible drivers/ drunken/ and lazy members of the welfare ranks"). (Italics and slashes in original). Id.
at 85-86, 88, 93. A paper commissioned by the Glass Ceiling Commission (Keith James, Chris Lovato, Willie Wolf, and
Steve Byers entitled, "Barriers to Workplace Advancement Experienced by Native Americans") indicated that studies of nonIndian views of American Indians found that "Indians" were considered to be "most deficient in the appearance and
assertiveness deemed necessary for management." (Italics in original). Glass Ceiling Report at 93. American Indian men
were considered "more physical than mental - given to risky behavior that is not consistent with the presence and control
needed for managerial positions." (Italics in original). Id.
According to the Glass Ceiling Report, Asian and Pacific Islander Americans and immigrants are perceived as "intelligent/
hard-working/ highly educated/ occupational successful/ patient/ polite/ non-confrontational/ non-violent/ law-abiding/
politically passive/ culturally resourceful/ detail-oriented/ and good at science, engineering, and technology." (Italics and
slashes in original). Id. at 104. These generalized perceptions have helped them in at least gaining initial employment. Id.
However, to the extent they are perceived as "passive/ unassertive/ indirect/ more equipped for technical than peopleoriented work" they are not considered to be leadership material. (Italics and slashes in original). Id. Asian and Pacific
Islander women are perceived as "content with the status quo/ inflexible/ lacking interpersonal skills and political savvy."
(Italics and slashes in original). Id. at 105. They are often also confronted with the dual stereotypes of "the obedient and
motherly figure or the exotic and fragile 'China Doll.'" (Italics in original). Id.
A compilation of the Hispanic stereotypes reported in the research papers contracted by the Glass Ceiling Commission
(Mauricio Gaston Institute and Hispanic Policy Development Project) reveals that Hispanics in general are lumped together
and widely perceived as being "poor/ uneducated/ and recently arrived in the United States." (Italics and slashes in original).
Glass Ceiling Report at 123. During a 1994 focus group held at the Aspen Institute that included Hispanics and high-level
Anglo corporate managers, the Anglo managers said that they often heard that many Hispanic males were "chauvinist/
domineering/ arrogant/ prone to violence/ unwilling to learn English/ not patriotic toward the U.S./ and heavy drinkers and
drug users who don't want to work." (Italics and slashes in original). Id. at 123-24. The Hispanic Policy Development Project
research reveals that an exception is often made for Cubans who are perceived positively as "brave exiles from
communism." (Italics in original). Id. at 124. Otherwise, Cubans are frequently perceived negatively as an overly aggressive
group that has "taken over Miami." Id. The same Glass Ceiling Commission sources cited above show that Hispanic
women, Latinas, are frequently seen as "strong and stoic/ self-sacrificing/ tied to family and community/ under the
domination of husbands
and fathers/ passive/ overly emotional and educationally deficient." (Italics and slashes in original). Id.
The Glass Ceiling Commission research showed that stereotypes that were applied across the board to women of all races
and ethnicities included: "not wanting to work/ not being as committed as men to their careers/ not being tough enough/
being unwilling or unable to work long or unusual hours/ being unwilling or unable to relocate/ unwilling or unable to make
decisions/ too emotional/ not sufficiently aggressive/ too aggressive/ too passive/ and lacking quantitative skills." (Italics and
slashes in original). Id. at 148. The Glass Ceiling Commission added that not all stereotypes were negative. Women were
also perceived by male managers as "good with people/ warm and nurturing/ creative/ hard-working/ loyal/ and good team
players." (Italics and slashes in original). Id.
APPENDIX C
[31]
HIRING
In any hiring program, employers should review advertisements, job notices, and job announcements carefully to ensure
accuracy. All language, or implications of sex, age, disability, etc. of the applicant should be eliminated. The advertisements,
job notices, and job announcements should cover a representative recruitment area. Avoid using only word of mouth and
employee referrals only. Indicate that you are an equal employment opportunity employer.
With respect to job descriptions, they should be written. Ensure that the descriptions are accurate. Describe the functions
that are essential. Job announcements and job descriptions should not be at variance. Job descriptions and job duties
performed should not be at variance.
With respect to employment applications, inquiries should be job related. Questions that limit any protected class of
employees should be avoided. Employment application forms should be carefully reviewed for compliance with federal and
state laws. For example, make sure the application strictly adheres to the ADA, which limits pre-employment medical
inquiries, disability related questions, and inquiries about prior workers' compensation claims. Avoid requiring a photo with
the application. Carefully evaluate the information in the application for prior employment and gaps. In addition, carefully
evaluate risks to other employees and the risk of negligent hiring. If applications are continuously accepted, clearly indicate
the length of time that an application will be actively considered. Have a consistent policy and procedure for handling
applications.
If you use employment agencies and job referral services, ensure that they are an equal employment opportunity employer
and reflect that you are too. Avoid inappropriate requests for referrals.
With respect to job interviews, structure the interview process to eliminate subjectivity. Standardize interview questions as
much as possible, and the information to be given to each applicant, including information on the interviewer's authority to
hire. Training of interviewers would be helpful. Avoid inappropriate comments during the interview relating to age, sex,
marriage, religion, race, disability, etc. Topics that can raise inappropriate comments include family planning, family history,
native language, birthplace, child care, disability, religious practices, and the nature of military discharge.
written understandable agreement, must refer to rights or claims under the ADEA, and may not waive claims arising after
the date of the waiver. Consideration for the waiver must not be consideration that the party is already entitled to. The
individual should be advised in writing to consult an attorney before executing the agreement. The individual must be given
twenty-one days to consider the agreement. If the waiver is part of an exit incentive program, or employment termination
program offered to a group of employees, the employees must be given forty-five days to consider the agreement. The
employees should be informed of the eligibility criteria, time limits, job titles and ages of employees covered or selected by
the program, as well as those individuals not eligible or selected for the program. The employee should be given seven days
after signing to revoke. Make the waiver effective after expiration of the seven days.
[1]
This discussion is taken from Technical Assistance Program, U.S. Equal Employment Opportunity Commission, Employer
EEO Responsibilities, A-1 to A-5 (1997).
[2] A more detailed, although still largely summary discussion of the legal protections afforded persons in the area of equal
employment opportunity, pursuant to Title VII, the ADEA, the ADA, and the EPA may be found in Appendix A. These are
essentially Commission Fact Sheets on the cited areas, with the exception of the wage discrimination issue, which has its
genesis from the Commission's Technical Assistance Program book, Sex Discrimination Issues, K-1 to K-3 (1997).
[3] We thus recognize that a "like me" bias does not necessarily conflict with equal employment opportunity. We are only
interested if there is conduct relating to a protected basis. For example, we doubt an employer of integrity, seeking
employees of integrity, could reasonably be faulted, or that anyone could reasonably find fault with a hard-working employer
seeking employees with a conscientious work ethic.
[4] The Fact-Finding Report of the Federal Glass Ceiling Commission, Good for Business : Making Full Use of the Nation's
Human Capital (1995) (Glass Ceiling Report), exhaustively studied the problem of stereotyping. A summary of that
discussion is found at Appendix B.
[5] The Task Force also would caution that care must be taken in the use of such amalgamated lists of stereotypes, lest their
use reinforce the negative beliefs and perceptions that one is trying to reduce or eliminate. This is particularly important
where few or no positive stereotypes are shown for any particular group.
[6] See Glass Ceiling Report at 28-29.
[7] Id. at 31-32.
[8] See generally Office of Communications and Legislative Affairs, U.S. Equal Employment Opportunity Commission, The
EEOC and Affirmative Action (1996).
[9] The Commission's Guidelines on Affirmative Action, 29 C.F.R. Part 1608, articulate: (1) that an employer will first identify
a manifest imbalance in its workforce before voluntarily undertaking affirmative action; (2) that the goals and timetables
adopted by the employer must be flexible and temporary; and (3) that the employer must ensure that the rights of nontargeted groups are not unnecessarily burdened by the voluntary affirmative action plan.
[10] Other submissions used the term "minority." Since Pacific Telesis uses the term "people of color," we have used that
term here.
[11] INROADS college internships combine up to four summers of work experience at a local client corporation with yearend academic instruction, training and guidance from INROADS counselors. Sponsor organizations make a three-part
commitment and provide career-related summer work experience for interns, staff involvement as mentors, supervisory
liaison with INROADS, and financial support. The company pays fees to INROADS and the intern's summer salary.
[12] Indeed, the Glass Ceiling Commission recommended that organizations initiate work-life and family-friendly policies that
recognize and accommodate the balance between work and family responsibility that impacts the career paths of all
employees. Glass Ceiling Commission, Recommendations of the Federal Glass Ceiling Commission, A Solid Investment:
Making Full Use of the Nation's Human Capitol 26 (1995). The Glass Ceiling Commission found that work-life and family
policies are an important step for an organization's commitment to hiring, retaining, and promoting both men and women.
[13] Owens-Corning submitted a host of materials on its disability programs. The Task Force's narrative is taken from an
article "Owens-Corning Fiberglass Corporation: An Employee Based Disability Management Program" by Amy M. Ahrens
and Donna Cummings published in 11 NARPPS Journal 41 (Spring 1996).
[14] All medical-related information must be treated as confidential and must be maintained in a separate file from an
employee's personnel file.
[15] The case manager's involvement with the delivery of medication must be with the voluntary consent of the employee, or
consistent with business necessity.
[16] All medical-related information must be kept confidential, with limited access by the employer's personnel. Thus, for
example, supervisors and managers may be informed about necessary restrictions on the work or duties of an employee
and necessary accommodations. First aid and safety personnel may also be informed, when appropriate, if the disability
might require emergency treatment or if any specific procedures are needed in the case of fire or other evacuations.
[17] The company's involvement with diagnosis of the employee's disability must be consistent with the ADA's reasonable
accommodation and/or medical inquiry and confidentiality provisions.
[18] The company's involvement in the employee's treatment plan must be with the voluntary consent of the employee,
consistent with business necessity, or in the context of rehabilitation of a worker's compensation injury.
[19] OSI defines competency as a personal characteristic, reflected in scored behaviors, that predicts job success.
[20] The Task Force does not believe the arbitration facet of TRW's ADR process warrants profiling as a best practice.
[21] The Marriott Foundation for People with Disabilities was established in 1989 by the family of J. Willard Marriott, founder
of Marriott Corporation. Richard E. Marriott, chairman of Host Marriott Corporation, serves as chairman of the Foundation's
board of trustees. The Foundation's mission is to foster the employment of young people with disabilities. To achieve this,
the Foundation developed and operates as a transition program, "Bridges . . . from school to work," which places students
with disabilities in their final year of high school in internships with local employers.
[22] TransCen receives 62% of its funds from grants and contracts and 35% from government grants. With respect to the
government grants, the U.S. Department of Labor and the U.S. Department of Education, Office of Special Education and
Rehabilitation Services are the primary donors. The remainder of TransCen's funds comes from other unspecified sources.
[23] The applicable procedural regulations of the Commission are found at 29 C.F.R. Parts 1601, 1621, and 1626.
[24] In Meritor Savings Bank v. Vinson, 457 U.S. 57 (1986), the Court stated that the Guidelines "'while not controlling upon
the courts by reason of their authority, do constitute a body of experience and informed judgment to which courts and
litigants may properly resort for guidance.'" Vinson , 457 U. S. at 65 (quoting General Electric Co., v. Gilbert, 429 U.S. 125,
141-42 (1976), quoting in turn Skidmore v. Swift & Co., 323 U. S. 134 (1944)). See also Sparks v. Pilot Freight Carriers, Inc.,
830 F. 2d 1554 (11th Cir. 1987).
[25] Unlike Title VII, the Commission has substantive rulemaking authority under the ADEA, ADA, and EPA. Such rules have
the full force and effect of law.
[26] In addition to the policy documents discussed above, the Commission also participates as amicus curiae in litigation
filed in federal court which raises significant policy issues.
[27] The Task Force emphasizes that the inclusion of best practices in the Commission's TAPS programs refers to best
practices that are within the parameters of the Commission's enforcement authority.
[28] Fact-Finding Report of the Federal Glass Ceiling Commission, Good for Business: Making Full Use of the Nation's
Human Capital (1995).
[29] The Glass Ceiling Report gave many examples of stereotypes. It did not address all stereotypes of all groups. It also
largely focused on negative stereotypes. The Task Force would caution that care must be taken in the use of such
amalgamated lists of stereotypes, lest their use reinforce the negative beliefs and perceptions that one is trying to reduce or
eliminate. This is particularly important where few or no positive stereotypes are shown for any particular group.
[30] The Task Force does not mean to suggest that there is something wrong with waiters and parking lot attendants. Nor
does the Task Force believe that the Glass Ceiling Commission was making such a suggestion either.
[31]
This discussion was taken from materials prepared by Commission District Director Issie L. Jenkins in connection with a
Commission Technical Assistance Seminar in September 1994 entitled "Eliminating Discrimination in the 90's."
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