Equal Access/Equal Opportunity

1. MIAMI DADE COLLEGE Equal Access/Equal Opportunity

2. Equal Access/Equal Opportunity • Miami Dade College is an equal access/equal opportunity employer and is committed to recruit, employ, grant salaries, and promote personnel without regard to gender, race, marital status, age, religion, national origin, or disability in compliance with all Federal and State legislation and regulations pertaining to non-discrimination.

3. Equal Access/Equal Opportunity Miami Dade will provide: • Supervision without discrimination • Equal educational opportunities for students • An environment free from harassment or other discriminatory practices

4. Equal Access/Equal Opportunity Miami Dade will provide: • Reasonable instructional support services, substitutions, modification or waiver of any requirement for admission or graduation for students with disabilities who meet State Statute requirements • Auxiliary aids and services for students with disabilities • Reasonable accommodations for employees and guests of the College

5. Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1991 Prohibits discrimination based on sex, religion, color, national origin and race.

6. Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1991 Covers: Employers in hiring; promotion; discharge; compensation; terms, conditions and privileges of employment; classifying, limiting or segregating employees or job applicants • Labor organizations in limiting, segregating or classifying membership • Employment agencies serving covered employers in classification or referral of individuals for employment

7. Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1991 Employers may not: • Print or publish discriminatory advertisements • Retaliate against any individual for opposing a discriminatory practice or filing a charge • Retaliate against any individual for participating in a Title VII investigation Covers all employers and employment agencies with fifteen (15) or more employees or unions with fifteen (15) or more members.

8. GENDER DISCRIMINATION PREGNANCY DISCRIMINATION Amended Title VII of the Civil Rights Act of 1964 Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII.

9. GENDER DISCRIMINATION PREGNANCY DISCRIMINATION An employer cannot refuse to hire a woman because of: • her pregnancy related condition as long a she is able to perform the major functions of her job • the employer’s prejudices against pregnant workers or the prejudices of co-workers, clients or customers • stereotypical beliefs that they are incapable of doing their jobs or that after childbirth they will leave their jobs

10. GENDER DISCRIMINATION PREGNANCY DISCRIMINATION Employers must treat women affected by pregnancy or related medical conditions the same way anyone else with similar limitations would be treated.

11. GENDER DISCRIMINATION PREGNANCY DISCRIMINATION PROTECTIONS A pregnant employee who is temporarily unable to perform her job due to pregnancy must be treated the same as any other temporarily disabled employee (modified tasks, alternative assignments, disability leave or leave without pay). Pregnant employees must be permitted to work as long as they are able to perform their jobs. Employees who are absent due to pregnant-related conditions and recover may not be required to remain on leave until the baby is born.

12. GENDER DISCRIMINATION PREGNANCY DISCRIMINATION PROTECTIONS Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave If an employer allows leave for temporary non-pregnancy related disabilities, it must also allow leave for pregnancy-related disabilities and it may not apply different terms or conditions of such leave.

13. GENDER DISCRIMINATION PREGNANCY DISCRIMINATION

14. GENDER DISCRIMINATION PREGNANCY DISCRIMINATION PARENTAL LEAVE Childcare leave following pregnancy and childbirth • Childcare leave must be afforded to men and women on an equal basis • Applicable to leave to care for any family member at any age or leave for any purpose

15. FAMILY MEDICAL LEAVE ACT OF 1993 (FMLA) Twelve (12) weeks of unpaid leave per year for eligible employees: Because of the birth of a child and to care for the child The placement of a son or daughter with the employee for adoption or foster care

16. FAMILY MEDICAL LEAVE ACT OF 1993 (FMLA) Twelve (12) weeks of unpaid leave per year for eligible employees: Because of a serious health condition which makes it impossible for the employee to perform the functions of his/her position To care for a spouse, son, daughter, or parent of the employee if such spouse, son, daughter or parent has a serious health problem The FMLA does not constitute non-discrimination legislation, but is, particularly, beneficial for people with disabilities or those who are caretakers for people with disabilities.

17. FAMILY MEDICAL LEAVE ACT OF 1993 (FMLA) An eligible employee: An individual who has worked for the covered employer at least 12 months and must have worked 1,250 hours during the twelve- month period preceding commencement of the leave.

18. NATIONAL ORIGIN DISCRIMINATION No one can be denied equal employment or equal educational opportunity because of birth place, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

19. NATIONAL ORIGIN DISCRIMINATION HARASSMENT IS A VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT Examples: • Ethnic slurs • Other verbal or physical conduct which creates a hostile, intimidating work or academic environment

20. NATIONAL ORIGIN DISCRIMINATION Equal employment or equal educational opportunity cannot be denied because of: • Marital or association with persons of a national origin group • Membership or association with specific ethnic promotion group • Attendance or participation in schools, churches, temples or mosques, generally associated with a national origin group • A surname associated with a national origin group

21. Discrimination Based on Religion The religious practices of employees, prospective employees and students must be reasonably accommodated unless to do so would create undue hardship on the employer or educational institution.

22. Discrimination Based on Religion Entities May NOT: • Schedule examinations or other selection activities in conflict with a current or prospective employee’s or student’s religious needs • Inquire about an applicant’s future availability at certain times • Maintain a restrictive dress code or refuse to allow observance of a Sabbath or religious holiday unless the employer, or faculty member can prove not doing so would cause an undue hardship

23. Types of Accommodations Discrimination Based on Religion • Flexible scheduling/alternate testing days • Voluntary substitutions • Job reassignments • Lateral transfers

24. The Americans with Disabilities Act Prohibits discrimination against qualified persons with disabilities with respect to job application procedures, compensation, job training and other terms and conditions of employment, or access of students to academic opportunities. Covers all employers and employment agencies with fifteen (15) or more employees or unions with fifteen (1) or more members

25. The Americans with Disabilities Act A person with a disability is someone who: • Has a physical or mental impairment which substantially limits one or more major life activities (working, walking, hearing, seeing, speaking…) • Someone regarded as having such an impairment; • Someone with a record of such an impairment.

26. The Americans with Disabilities Act Employers must provide reasonable accommodations to employees and applicants with disabilities or an educational entity must provide auxiliary learning aids and services to students with disabilities.

27. The Americans with Disabilities Act Reasonable Accommodations for Employees • Making facilities readily accessible and useable by persons with disabilities • Job restructuring: part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustments or modifications of examinations, training; • Providing qualified readers or interpreters

28. The Americans with Disabilities Act Auxiliary Learning Aids and Services for Students: • Qualified Interpreters, Notetakers and Readers • Speech-To-Text-Translations (Real-time Captioning) • Assistive listening devices

29. The Americans with Disabilities Act Auxiliary Learning Aids and Services for Students: • Tape Recordings • Video Recordings • Enlarged Text

30. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 Prohibits discrimination against persons aged 40 and over based on age: • By employers in hiring, promotion, discharge, compensation, conditions and privileges of employment, in classifying, limiting or segregating employees or job applicants • By labor organizations in limiting, segregating or classifying membership in referral of individuals for employment • Except in cases where age is a bona-fide occupational qualification (BFOQ) normal to the necessary operation of an agency or business

31. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 • EMPLOYERS and EDUCATORS SHOULD: • Treat age neutrally • Never make a decision on the basis of age or stereotypical assumptions about age • Prohibit involuntary retirement

32. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 EMPLOYERS and EDUCATORS SHOULD: • Never retaliate against an individual because he/she filed a charge of discrimination based on age • Never retaliate against an individual because he/she participates in an ADEA investigation, proceeding or litigation

33. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 COVERS: • Private employers with 20 or more employees • All federal, state and local government agencies • Employment agencies • Labor organizations

34. EQUAL PAY ACT OF 1963 • Prohibits wage discrimination on the basis of gender • Wages must to paid to men and women for equal work • Covers all employers covered by minimum wage law

35. VETERAN'S PREFERENCE IN APPOINTMENT AND RETENTION IN EMPLOYMENT Positions eligible for Appointment and Retention Preference: • Teaching Assistant/Associate • Specialists/Support Staff • Clerical/Secretarial, Technical • Para-Professional/Skilled Craft • Service/Maintenance Positions exempt from this coverage, generally, include administrative, management, supervisory and faculty positions

36. VETERAN'S PREFERENCE IN APPOINTMENT AND RETENTION IN EMPLOYMENT Persons Eligible for Appointment and Retention Preference: • Disabled veterans • Spouse of any person: • who has a total permanent service-connected disability who, because of the disability, cannot qualify for employment , and • who is missing in action, captured in line of duty by a hostile force or forcibly detained or interned by a foreign power.

37. VETERAN'S PREFERENCE IN APPOINTMENT AND RETENTION IN EMPLOYMENT Persons Eligible for Appointment and Retention Preference: C. A veteran of any war who served 181 consecutive days or more, or who has served 180 consecutive days sine January 31, 1955, and who was discharged or separated with an honorable discharge. D. The unmarried widow or widower of a veteran who died of a service -connected disability.

38. SEXUAL HARASSMENT IS DISCRIMINATION BASED ON SEX • Employment decisions based on a person’s sex. Harassment on the basis of sex is a violation of Title VII of the Civil Rights Act of 1964 as amended in 1972; Civil Rights Act of 1991; Title IX of the Education Amendments; College Policy.

39. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) Guidelines Defining Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

40. EEOC Guidelines Defining Sexual Harassment • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; and such conduct has the purpose or affect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

41. Quid Pro Quo The sexual act or a sexual favor is the prerequisite condition to employment or employment decisions (i.e., promotion, job benefits); or academic success or evaluation. Refusal to engage in the sexual act or provide a sexual favor results in being fired, denied promotion, denied a job benefits; or denied some academic benefit, (i.e., an appropriate grade, enrollment, participation).

42. Quid Pro Quo There is proof the sexual demand was linked to a tangible, economic aspect of the harassed employee’s compensation, term, condition or privilege of employment; or a student’s enrollment, academic benefit, or participation.

43. HOSTILE ENVIRONMENT The threat takes the form of ongoing harassment that interferes with work or school by making the atmosphere intimidating and unpleasant. The atmosphere is made hostile or abusive by the unequal treatment of the sexes or individuals. The harassment is “sufficiently severe or pervasive to alter the conditions of the victim’s employment”; or academic performance and create an abusive working, or educational environment. The actions are generally repetitive.

44. DON’TS • Vulgar, sexually explicit language • Sexual comments regarding physical appearance • Sexual comments about persons or groups of people

45. DON’TS • Off-color sexual jokes or anecdotes • Explicit questions about one’s sex life, sexual preference or sexual orientation • Comments, sexually explicit or implicit, about one’s clothing, body or looks

46. DON’TS • Repetitively asking for dates • Use of sexually harassing terms to refer to females (i.e., bitch) • Whistling, kissing sounds, smacking noises

47. DON’TS • Terms of endearment (i.e., honey, sweetheart, darling) • Rumor-mongering about a person’s sex life in front of them or behind their back Writing suggestive notes or sending unwelcomecards

48. DON’TS • Unsolicited or inappropriate gifts (e.g. underwear, night-time apparel) • Offensive photographs or pictures • Starring at a person in an unwelcome manner (i.e. the once-over)

49. DON’TS • Stalking at the office or after hours • Kisses, making facial expressions, or sexual gestures • Touching a person’s hair, clothing or body when the touching is unwelcome (i.e. pushing one’s hair out of face, back massages)

50. DON’TS • Standing inappropriately close to someone • Hugging and kissing when its uninvited • Rubbing against someone when it is uninvited