January 16, 2013 - Texas Workforce Commission

More documents

Recommendations

Info

94 1 were to call -- call and say, "I think I was 2 discriminated against for some -- for this particular 3 reason." And you look at the protected classes and 4 say, "Well, that's not a protected class." It's 5 actually a fact question that goes deeper. "Well, I 6 think I was discriminated because I was dating someone 7 of the same sex, and my employer thought that that, 8 you know, was a stereotype" or -- I mean, you have to 9 parse that out further. 10 And I just worry about -- I mean, this 11 presents a trickier issue that's not easily put into a 12 checklist for an intake form and things like that. 13 And so I just wonder if we need some additional 14 training of the staff given the EEOC holding and 15 potentially further holdings. I mean, I think this is 16 a signal of what's to come. And so the question is: 17 How do you train the staff to get those fine point 18 distinctions? 19 MR. BABIAK: We -- we did include the 20 intake investigator on the reading of the opinions. 21 The intake investigator was included in the training 22 in October presented by EEOC, and I will follow up 23 with the Employment Manager to see -- you know, one, I 24 want to go look at the two cases we've had, see what 25 sort of fact settings they presented and probably have
95 1 some refresh -- refresher with our intake investigator 2 just to make sure we know how to get the allegations 3 so that they are within the existing sex stereotyping 4 theories because, yes, we cannot take a complaint 5 based on sexual orientation, gender identity, or 6 expression. 7 CHAIRMAN ANDERSON: That -- oh, I'm 8 sorry. 9 COMMISSIONER STIDVENT: So, who is 10 providing that training? Is it EEOC who is providing 11 that specific case-based or opinion-based training? 12 MR. BABIAK: Well, we -- we did have 13 some by EEOC and then myself working with the 14 Employment Manager. We're training our intake 15 investigator. 16 CHAIRMAN ANDERSON: Well, along the same 17 lines -- which were great follow-ups by 18 Commissioner -- how is that -- have you thought about 19 how that's -- you're going to convey that to the 20 claimant when they think they have a viable claim and 21 it's not gender stereotyping, it is the identification 22 issues? 23 MR. BABIAK: Well, let me -- let me use 24 an example. A -- an individual calls and states, "I 25 was fired when we employer found out I'm a lesbian."
Page 1 and 2:
1 1 TRANSCRIPT OF PROCEEDINGS BEFOR
Page 3 and 4:
3 1 P R O C E E D I N G S 2 WEDNESD
Page 5 and 6:
5 1 record in district court of unl
Page 7 and 8:
7 1 who wish to speak. 2 And Mr. Jo
Page 9 and 10:
9 1 he's not injured if the local c
Page 11 and 12:
11 1 to have to be filing complaint
Page 13 and 14:
13 1 We are doing two things at one
Page 15 and 16:
15 1 for the 7th Circuit, United St
Page 17 and 18:
17 1 probably discuss it in Executi
Page 19 and 20:
19 1 just reviewed investigative ac
Page 21 and 22:
21 1 printer?" If the customer has
Page 23:
23 1 From my work in the Unemployme
Page 26 and 27:
26 1 MR. BABIAK: I think we have ma
Page 28 and 29:
28 1 Mr. Temple has hired Mr. Luis
Page 30 and 31:
30 1 allowed to return to the job.
Page 32 and 33:
32 1 with the executive director at
Page 34 and 35:
34 1 Report to the three-member Com
Page 36 and 37:
36 1 employee of a school district,
Page 38 and 39:
38 1 does our tracking? And do we -
Page 40 and 41:
40 1 may, I expressed a desire to t
Page 42 and 43:
42 1 September, October, November o
Page 44 and 45: 44 1 that particular position is fu
Page 46 and 47: 46 1 Let's first look at just the m
Page 48 and 49: 48 1 approximately March of last ye
Page 50 and 51: 50 1 COMMISSIONER DIGGS: As you and
Page 52 and 53: 52 1 is generating sufficient reven
Page 54 and 55: 54 1 referring to the specific acti
Page 56 and 57: 56 1 our month closed out and repor
Page 58 and 59: 58 1 no further questions, we'll go
Page 60 and 61: 60 1 CHAIRMAN ANDERSON: Seeing none
Page 62 and 63: 62 1 sufficient inventory, and righ
Page 64 and 65: 64 1 MS. COVINGTON: As you can see,
Page 66 and 67: 66 1 per month in each individual i
Page 68 and 69: 68 1 who have completed the prescri
Page 70 and 71: 70 1 that out, this report includes
Page 72 and 73: 72 1 still waiting on the data. 2 C
Page 74 and 75: 74 1 COMMISSIONER STIDVENT: Aye. 2
Page 76 and 77: 76 1 suggestion that we move the me
Page 78 and 79: 78 1 Diggs has -- has a recommendat
Page 80 and 81: 80 1 AGENDA ITEM NO. 10 2 CHAIRMAN
Page 82 and 83: 82 1 be appealed to the commission
Page 84 and 85: 84 1 and I wanted to find -- give m
Page 86 and 87: 86 1 prima facie case that Title VI
Page 88 and 89: 88 1 have a choice, while men didn'
Page 90 and 91: 90 1 COMMISSIONER STIDVENT: Okay. 2
Page 92 and 93: 92 1 of these cases, and the lawyer
Page 96 and 97: 96 1 Okay? We would ask questions t
Page 98 and 99: 98 1 MR. BABIAK: I've inquired of s
Page 100 and 101: 100 1 agency, and the definition of
Page 102 and 103: 102 1 session -- open session at 12
show all

January 16, 2013 - Texas Workforce Commission

Create successful ePaper yourself

Delete template?

Save as template?