Texas Workforce CommissionCivil Rights Division

What Does TWC’s Civil Rights Division Do?

Presented by:

Ellena E. Rodriguez, Trainer/Outreach Coordinator

Vickie Covington, Investigator/Outreach

Civil Rights Division

Texas Workforce Commission

Presented to:

Texas Workforce Commission Civil Rights Division

Agenda

TCHR and Sunset Bill

Statute, Rules, EEOC & HUD Relationship

Data on Bases, and Issues

Mediation Program

Disability Reasonable Accommodation

Religious Reasonable Accommodation

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Texas Workforce Commission Civil Rights Division

TEXAS COMMISSION ON HUMAN RIGHTS&

S.B. 208: SUNSET BILLSIGNED BY THE GOVERNOR

• Transfers the powers and duties of the Texas Commission on Human Rights

to the Texas Workforce Commission.

• Eliminates the statutory requirement for the Civil Rights Division to review

fire department exams for discriminatory factors.

• Authorizes TWC to conduct follow-up reviews of the personnel policy and

procedural systems of high risk state agencies based on risk assessment

criteria.

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Texas Workforce Commission Civil Rights Division

• Texas Labor Code, Chapter 21

• Texas Administrative Code, Title 40, Chap. 819

• Relationship with EEOC

• Employment Staff

• Budget: About $1.9M

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• Texas Property Code, Sec. 301

• Relationship with HUD

• Employment Staff

Texas Workforce Commission Civil Rights Division 8/18/15

Texas Workforce Commission Civil Rights Division

Statewide Employment Complaints Filed by Basis

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Statewide Employment Complaints Filed by Basis

Texas Workforce Commission Civil Rights Division 8/18/15

Statewide Housing Complaints Filed by Basis

Texas Workforce Commission Civil Rights Division

Mediation

Offer Up Front

14 Days to Respond

Mediator and Coordinator

FREE

60% - 80% Success Rate

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Texas Workforce Commission Civil Rights Division

25th Anniversary of the Americans with Disabilities Act

Two Texans were instrumental:

Justin Dart, former Chair of the Texas Governor’s Committee on People with Disabilities

Lex Frieden, Houston disability policy expert

Signed into law by Pres. George H.W. Bush.

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Texas Workforce Commission Civil Rights Division

Persons with Disabilities – Dispelling Myths Myth No. 1: Workers with disabilities do not meet performance standards

Myth No. 2: Workers with disabilities have more absences

Myth No. 3: Accommodating workers with disabilities is costly

Myth No. 4: The ADA forces employers to hire unqualified individuals with disabilities

Source: http://www.bizjournals.com/bizjournals/how-to/human-resources/2014/11/4-myths-about

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Texas Workforce Commission Civil Rights Division

Reasonable Accommodation of Disabilities

Pitfalls to avoid:o Employer thinks you only have to accommodate the

work environment for an employeeo Housing providers refuse or charge a for assistance

animalo Employer or Employee thinks all job functions must

be accommodatedo Housing providers or Tenants think the provider must

pay for a reasonable modificationo Housing provider or Employer claims undue hardship

without calculating cost

Texas Workforce Commission Civil Rights Division

Reasonable Accommodation of Disabilities (Cont’d)

More pitfalls to avoid:o Employer or Housing provider thinks verbal

request is not valido Real Estate Transactionso Perfect accommodationo Request or response is not reasonable and ignores

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Texas Workforce Commission Civil Rights Division

Seeking time off for religious observances

Atheist or agnostic?

Not working certain days of the week

Overt / Indirect

Dress Code

Religion and Reasonable Accommodation

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Texas Workforce Commission Civil Rights Division

EEOC v. Abercrombie & Fitch Stores, Inc., U.S. S.Ct. (June 1, 2015).

Hijab – religious headscarf “Look Policy” Applicant need show only that

his/her need for an accommodation was a motivating factor in employer’s decision—not that the employer had knowledge of his/her need.

Abercrombie & Fitch“Dress Code” Settlement

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Texas Workforce Commission Civil Rights Division

Helping Hand

Compliance & Technical Assistance

Dennis R. Swinney

Training & Outreach

Ellena E. Rodriguez, GCDF

Technical Assistance

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Texas Workforce Commission Civil Rights Division

TWC Civil Rights Division

Call: 1-888-452-4778 (in TX only) or

Direct: 512-463-2642 (Austin area and out-of-state)

Email: crdtraining@twc.state.tx.us

http://www.twc.state.tx.us

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