Diversity In The State of Kansas
Where All Voices Count
Diversity
Equal Employment Opportunity/Affirmative Action ADA Sexual Harassment
GOVERNOR’S MESSAGE
TO: All State Agencies
FROM: Kathleen Sebelius, Governor
DATE: April 15, 2003
SUBJECT: Equal Employment Opportunity and Respect for Human Dignity
I am firmly committed to ensuring that all Kansans have an equal employment
opportunity and are free from discrimination and harassment because of race,
color, religion, national origin, age, sex, disability or military status. My
administration recognizes the importance of these principles and reaffirms state
government’s commitment to equal employment opportunity, non discrimination
and respect for human dignity.
It is the responsibility of agency management and employees, through policies
and individual commitment to ensure that actions and behaviors support nondiscrimination
and equality in the employment process and work environment. The success of
the State’s Equal Employment Opportunity policies are contingent upon
the support of all employees.
We xhould continue our commitment to equal employment opportunity n the State
of Kansas. Through nondiscrimination and the practice of general respect for
human dignity, we will be able to take pride in making every prospective candidate
and employee comfortable in the selection process and work environment. I will
appreciate your support in carrying out this administration’s commitment
to equal employment opportunity.
Diversity
The many demographic variables including, but not limited to race, religion,
color, sex, national origin, age, physical attributes and geographic origin.
Diversity Network
State agencies partnership efforts
Share resources
Develop initiatives-recognize value of embracing Diversity Collective policy
making & program development
VISION FOR STATE GOVERNMENT
Welcome, affirm, embrace and value diversity State Government has workplaces
that afford all an equal employment opportunity Workplace reflects the diversity
of the Kansas population
Discrimination and Harassment free workplaces Reaffirm respect for the human
dignity of all persons
Valuing Diversity
When agencies recruit and retain a workforce that looks like the persons it
serves-diversity becomes a strength that contributes to effective and efficient
service delivery Diversity offers a variety of views, approaches and actions-planning,
problem solving and decision making Everyone has something to offer and recognizes
that everyone has different strengths and that everyone at the workplace is
important
Respecting Differences
Different cultures - racial, ethnic, religious and subcultures such as male/female,
juvenile/adult, rural/urban, physically challenged individuals having beliefs,
values, arts, morals, habits and customs that are different from those of others.
Why is it so difficult to talk about cultural issues?
Cultural issues are personal - they get to the heart of what you think about
people, but don’t often reveal.
People fear offending others if they voice their opinions or thoughts on racial,
ethnic, gender and other issues.
Multiculturalism
Goal: to increase knowledge, awareness, empathy and respect for different cultures.
Increase effectiveness in job duties
Reduce conflicts & misunderstandings
Reduce stress and potential bias in decision making
Stereotypes
Generalizing about a person while ignoring presence of individual difference.
All human beings have stereotypes. There are ways of perceiving other groups
that are resistant to change.
Subject to natural biological and cognitive processes Formed quickly and with
typically little information We judge others based on our very first impression
Customs
Special practices that are common to one group of people. Passed on from one
generation to the next
Example: The way people wear their hair, clothes they wear and what kind of
transportation they use and religious celebrations, festivals and national holidays
and rituals.
Values
Beliefs about what is good, desirable, and worth holding on to. What we do and
say are based on values.
Common Sense Measures
Treat everyone with respect. Everyone appreciates being treated as an equal
and an individual Treat everyone as if his or her opinion matters Make sure
everyone is afforded the same opportunity to explain/express themselves.
Treat everyone fairly and consistently according to known rules and or standards
...golden rule
Myths
Supervisor’s and manager’s performance evaluations may include their
activities towards a diverse workforce.
It is possible for administrative authorities to evaluate a manager or supervisor,
in part, on their affirmative action efforts
True or False
Statement: An accurate definition of Diversity would be as follows: “Any
combination of individuals who are different in some ways and similar in others”.
Answer: True. Valuing diversity means recongnizing that everyone has something
to offer and that everyone has different strengths.
True or False
Statement: Diversity is the law.
Answer: No. Diversity is not a law, but encompasses a variety of EEO/AA and
ADA related issues, including Sexual harassment, hostile work environment and
other claims of discrimination.
Myths
All employees are part of a Diverse Workforce.
True. We all come from different parts of the world, grew up in different communities
and cultures. We are all diverse.
Myths
You only have to worry about diversity when you get a complaint.
False. Diversity is ongoing. It is a business process.
Equal Employment Opportunity
EEO
Equal Employment Opportunity
The right of all persons to work and to advance on the basis of merit and ability
without regard to race, religion, color, sex, national origin, age, disability,
military or veteran status, political or religious affiliation, and may be achieved
by appropriate affirmative action efforts.
Discrimination
Unlawful discriminatory practice means:
Any discrimination against persons, by reason of their race, religion, color,
sex, disability, national origin or ancestry In any place of public accommodations:
or In the full and equal use and enjoyment of the services, facilities, privileges
and advantages of any institution, department or agency of the State of Kansas
or any political subdivision or municipality thereof
Affirmative Action
Affirmative Action
Deliberate and sustained effort to identify and eliminate barriers to the employment
and advancement of members of protected groups
Affirmative Action Plan
Written, results-oriented plan that details the steps an agency will take to
achieve, in all equal employment opportunity categories, a workforce whose composition
approximates the representation of females and minorities in the qualified,
available state resident workforce.
For more information about your office/agency AA plan, contact your local HR
Department.
Demographic Information
(Demographic Illustrations)
Workforce changes: Less Male, More Female -Less Caucasion, More African American,
Hispanic, Asian and Indian.
State of Kansas Work Force as of March 31, 2004 = 50.95% Female and 11.21% minority
Disability status of the civilian non-institutional population in Kansas is
17.6% 17.7% of the Kansas disabled population have a bachelor’s degree
or higher
LEGAL FRAMEWORK
Title VI & VII of the Civil Rights Act of 1964, as amended The Rehabilitation
Act of 1973 The Kansas Act Against Discrimination The Americans With Disabilities
Act The Pregnancy Discrimination Act of 1978
Protected Class, Status or Base
Title VII of the Civil Rights Act of 1964, ADA and Age Discrimination Employment
Act prohibits discrimination on the basis of:
•Race •Color
•Sex •Religion
•National Origin •Age
•Disability
Kansas Law includes the above and adds:
•Ancestry •Political Affiliation
Other action prohibited by state and Federal Law:
•Retaliation
Myth vs Fact
Affirmative Action requires that an unqualified protected class person be hired
to meet AA goals or quotas.
False: The applicant has to be qualified and the best candidate is selected
regardless of class status.
Myths
Affirmative Action and Diversity require that each agency hire a certain number
of individuals (qualified or not) that meet the definition of protected class?
No, The goal is to hire the most qualified person.
Myths
Agencies have to develop an Affirmative Action plan.
True, each State agency is required to have an up- to-date Affirmative Action
Plan in place.
Myths
All employees do not have a responsibility in the Affirmative Action Plan.
False. All employees share a responsibility in fulfilling the goals and action
items provided in the AA Plan.
Myths
Certain people get special treatment because of an Affirmative Action Plan.
False. All applicants and employees receive equal treatment in regards to employment.
ADA
American With Disabilities Act
Prohibits disability discrimination in all aspects of employment:
• Recruitment • Selection • Promotion • Compensation
• Discipline
Employers are required to make reasonable accommodations to qualified individuals
and employees (unless they can demonstrate that this would result in undue hardship)
Disabled Individual
A Physical or mental impairment that substantially limits one or more of the
major life activities of such individual A record of such an impairment; or
Being regarded as having such an impairment
Reasonable Accommodation
Accommodation(s) may include but are not limited to: making existing facilities
used by employees readily accessible to and usable by individuals with disabilities
Job restructuring Reassignment to a vacant position Acquisition or modification
of equipment or devices Appropriate adjustment or modifications of examinations,
training materials or policies Provision of qualified readers or interpreters
Myths
Employees with disabilities lower productivity.
False. Employees with disabilities are capable, productive and valued employees.
Myths
An employee with a diagnosed disability does not have to meet the essential
function of their position.
False. All employees with or without a reasonable accommodation must meet the
essential functions of their position.
Myths
ADA laws require employers to post information about ADA regulations in inconspicious
places.
False. Postings need to be in a visible convenient accessible location for all
staff to see.
Myth vs Fact
The disability of an employee is shared with any one who inquires.
False. This is confidential information and can only be shared with appropriate
need to know personnel; case by case determination
Harassment
Workplace Harassment
Employees that engage in unwelcome conduct that can reasonably be considered
to adversely affect the work environment are guilty of workplace harassment.
Workplace harassment can take place on the job or is otherwise related to the
job.
What is Sexual Harassment?
The Equal Employment Opportunity Commission (EEOC) guidelines define sexual
favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment.
Submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such indivudual.
Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creating an intimidating, hostile, or offensive working
environment.
(Include but not limited to what is listed above)
Sexual Harassment Examples:
Sexually oriented cartoons, posters or calendars Unwelcome physical contact
Sexually oriented conversations Demands or pressure for sexual favors
Sexual Harassment
Sexual harassment may be verbal, non verbal, or physical; overt or subtle.
Quid Pro Quo
Third Party
Hostile Work Environment
Quid Pro Quo
“This in exchange for that”
Quid Pro Quo harassment occurs when getting or keeping a job, an advancement,
demotion, or good evaluation is conditioned upon the acceptance of sexual advances,
requests for sexual favors, or other verbal or physical conduct of a sexual
nature.
Hostile Work Environment
A hostile work environment is created when a behavior or speech is “severe
or pervasive” enough to detrimentally affect an employees work performance.
Third Party
Sexual harassment can also involve a third party. A person who is in the presence
of unwanted and offensive sexually harassing behaviors or conduct.
Myths
The first step to take if you are being harassed is to ignore it and it will
stop.
False. The harasser may interpret a lack of response as encouragement. Speak
up, tell the harasser how you feel and report the incident to your supervisor,
Human Resource Personnel or Manager, and document the situation(s).
Myths
The unequal balance of power is an intrinsic element of the legal definition
of sexual harassment.
True. Quid Pro Quo from a Supervisor/Manager.
Myths
Prevention in the workplace is the best tool to eliminate sexual harassment.
True-Training, education & video presentations
Myths
Sexual harassment in the workplace is legal.
False. The State of Kansas has policies and procedures against sexual harassment
in the workplace, and steps on how to file a complaint.
Myths
The victim of a sexual harassment complaint may/may not be of the same gender.
True
Sexual Harassment is not gender specific.
True or False
Statement: All reports of sexual harassing behavior must be made only through
your customary and usual chain of command., ie; supervisor, director, etc.
Answer: False. You may take concerns regarding sexual harassment directly to
your HR Office or EEO Director.
True or False
Statement: If you witness an employee making inappropriate gestures towards
another employee, but you are not the supervisor of either employee, it is not
your responsibility to report this behavior.
Answer: False. It is the responsibility of every employee to take part in ensuring
a harmonious work environment free of intimidating harassing or offensive behaviors.
True or False
Statement: A poor working relationship between two employees due to differing
communication styles could be considered a hostile work environment.
Answer: False. In order to be considered “Hostile Work Environment”
the claim must be related to discrimination against gender or sex.
Resources And Responsibilities
Employee Responsibility
Promote, support, focus and demonstrate commitment to business processes that
align with the Department’s Mission and Promise Work effectively within
our diverse culture by promoting and supporting an environment in which all
employees are respected Generally laws affecting the work place represent all
State Employees as a whole. The State of Kansas is one Employer.
Employee Responsibility
All employees are expected to embrace the principles of Diversity and follow
all Laws and Statues that prohibit discrimination in the work place.
Report any unlawful practices to appropriate agency personnel or authority.
Agency/Employer Responsibility
Workforce reflects committment to diversity Actively recruit a diverse workforce
Create a work environment that is free of discrimination and/or harassment Embrace
diversity...walk the talk Model and sustain the commitment of creating and maintaining
a diverse workforce among team members and staff
Resources
Web site: Diversity Network web site
State ADA Coordinator
EEOC contact: Mr. George Dixon
State Human Rights contact: William Minner Diversity Network Director: Oliver
Green Agency Human Resource Department
State of Kansas ADA Coordinator: Anthony Fadale
900 SW Jackson, Room 114, Topeka KS 66612
(785) 296-1389
TTY: 1-800-776-3777
Equal Employment Opportunity Commission - K C Office Gateway Tower II 4th State
Ave, 9th Floor, Kansas City Kansas 66101
(913)551-5655 or 1-800-669-4000
Fax (913)551-6957
TTY (913) 551-5657 or 1-800-669-6820
Director: Mr. George Dixon
Kansas Human Rights Commission
900 SW Jackson, Suite 851S, Topeka Kansas 66612
Director: William Minner
(785) 296-3206
Resources
Diversity Network Director: Oliver Green
915 South Harrison, 6th Floor, Topeka Kansas 66612
(785) 296-8904
Fax # (785) 368-7208
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