HOT TOPICS for work location supervisors at HISD.  These online HOT TOPICS are brought to you by HISD's Equal Employment Opportunity (EEO) Office as an information based advisory service to all work location supervisors in the district.  It is designed to provide timely information that will hopefully increase, sharpen and enhance knowledge, skills and expertise of work location supervisors to better deal with employment and personnel matters in the work place.  Hot Topics will highlight recent court decisions and EEOC rulings that may serve as guidance in dealing with employment and personnel matters.

Sexual Harassment in the workplace and in America's classrooms remains a very "Hot" topic.  Check out the EEO webpage for crucial information and guidelines helpful in preventing sexual harassment.

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The Rights of the Accused must be treated equally or with the same importance as the rights of the accuser in complaint investigations particularly in sexual harassment complaints.  The best protection against legal claims from either party is an objective and neutral investigation.  

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Racial Harassment and Harassment based on Age or Disability in the workplace and in the classroom are prohibited by law.  The courts have consistently ruled that the standards established in sexual harassment decisions must be applied in cases or complaint investigations concerning these types of harassment protected under Title VII of the Civil Rights Act of 1964.

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According to the EEOC, English-only claims filed with the EEOC and state agencies have increased nearly 500% in the past five years.  The EEOC called cases involving restrictive language policies and English-only rules in the workplace "enforcement and litigation priorities".  According to EEOC, English-only rules and harassment due to national origin violate Title VII of the Civil Rights Act of 1964 unless the employer can show a bona fide occupational qualification or necessity.

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Retaliation - The United States Equal Employment Opportunity Commission's (EEOC) 2002 Training and Technical Assistance Program, Employer EEO Responsibilities, Tab L, p. 295, states, in part:

"...the EEO statutes prohibit a covered entity from retaliating against an individual who has engaged in protected activity, which includes both participation in the EEO process and opposition to discrimination.  The prohibition against retaliation is very broad and covers more than merely discriminatory treatment with respect to terms, conditions, or privileges of employment.  The anti-retaliation provisions prohibit any adverse treatment that is based on a retaliatory motive and is reasonably likely to deter the charging party or others from engaging in protected activity.  For example, it would be retaliatory to instigate criminal theft and forgery charges against a former employee because she filed an EEOC charge.  For a more detailed discussion of charges based on retaliation, refer to Section 8: Retaliation, EEOC Compliance Manual, Volume II (1998) (available at www.eeoc.gov)."

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