* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. WELCOME TO [00:00:01] FOCUS ON ABILITIES, A PROGRAM ABOUT ISSUES AFFECTING THE LIVES OF PEOPLE WITH DISABILITIES. I'M LEX FRIEDEN. I'LL BE YOUR HOST FOR TODAY'S PROGRAM. I'M PROFESSOR AT THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON, AND I DIRECT THE INDEPENDENT LIVING RESEARCH UTILIZATION PROGRAM AT TIER MEMORIAL HERMANN. WE HAVE A VERY SPECIAL GUEST FOR YOU AND AN INTERESTING PROGRAM TODAY, SO PLEASE STAY TUNED. WE'LL BE BACK IN JUST A MINUTE WITH FOCUS ON ABILITIES. THE FOLLOWING PROGRAM IS SPONSORED BY ILRU SOUTHWEST, A DA CENTER PROMOTING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. YOU ARE WATCHING FOCUS ON ABILITIES ON HTV. I'M LEX FRIEDEN, THE HOST, AND, UH, WE HAVE A SPECIAL GUEST WITH US TODAY. I'M GOING TO INTRODUCE HER IN A MINUTE, BUT BEFORE I DO, I WANT TO ASK YOU A QUESTION THAT WE WILL ANSWER BEFORE THE END OF TODAY'S PROGRAM. THAT IS WHAT FEDERAL AGENCY IS RESPONSIBLE FOR ASSURING THAT PEOPLE WITH DISABILITIES AND FRANKLY OTHERS WHO HAVE, UH, EMPLOYMENT DISCRIMINATION CASES, ARE PROTECTED UNDER THE LAW. UH, WE'LL ANSWER THAT AND TALK ABOUT SOME OF THE DETAILS DURING THIS, UH, PROGRAM TODAY. BUT RIGHT NOW, I WANT TO INTRODUCE OUR GUEST, AND I'M VERY HAPPY TO HAVE MARINA GURA IN THE, UH, IN THE SEAT NEXT TO ME TODAY. MARINA, THANK YOU VERY MUCH FOR COMING. THANK YOU, LEX. THANK YOU FOR HAVING ME. I'M SUPER APPRECIATIVE OF YOUR TIME AND TO BE ON THIS PROGRAM WITH YOU TODAY. SO WHAT IS YOUR TITLE? OFFICIALLY? OFFICIALLY, I AM OUTREACH AND EDUCATION COORDINATOR FOR THE HOUSTON DISTRICT OFFICE. AND HOW LONG HAVE YOU BEEN DOING THAT? UM, SO I'VE BEEN IN THIS ROLE FOR FOUR YEARS, BUT I'VE BEEN WITH THE EEOC FOR 25 YEARS. GOOD GRIEF. YEAH, I KNOW . I FEEL IT ALL DAY, EVERY DAY. . AND, AND IN YOUR JOB NOW, WHAT'S YOUR MAIN RESPONSIBILITY? SO AS AN OUTREACH AND EDUCATION COORDINATOR, MY MAIN RESPONSIBILITY IS JUST THAT EDUCATING THE PUBLIC, WHETHER THAT WOULD BE EMPLOYEES, APPLICANTS, OR EMPLOYERS ABOUT THE LAWS THAT EEOC ENFORCES TO MAKE SURE EMPLOYEES AND APPLICANTS KNOW THAT THEY HAVE RIGHTS IN THE WORKPLACE. AND SO THAT THE EMPLOYERS ALSO KNOW THEIR ROLES AND RESPONSIBILITIES IN MAKING SURE THAT THERE ARE EQUAL OPPORTUNITIES FOR EVERYBODY. IT'S A HUGE TASK, BUT I ABSOLUTELY LOVE EVERY BIT OF IT. AND YOUR RESPONSIBILITY COVERS WHAT AREA? SO THE HOUSTON DISTRICT OFFICE, UM, ODDLY ENOUGH, IS JUST WEIRD LITTLE SEGMENT. SO ALL OF HOUSTON GOES ALL THE WAY TO THE, UM, SO BEAUMONT, ORANGE PORT ARTHUR, ALL THE WAY OUT THAT WAY. WE ALSO COVER THE WHOLE STATE OF LOUISIANA. LUCKILY I HAVE A COUNTERPART THAT DOES LOUISIANA. UM, BUT WE'VE GONE OUT THAT WAY. I'VE WORKED IN SHREVEPORT, UM, A FEW TIMES. UM, VICTORIA IS, I THINK THE FURTHEST SOUTH WE GO, NAVASOTA ALL THOSE AREAS UP THERE. AND THEN I HAVE A COUNTERPART WHO DOES THE REST OF TEXAS, AND THAT IS FOR THE DALLAS DISTRICT OFFICE. SO ALL OF TEXAS AND LOUISIANA. AND DURING THE TIME THAT YOU'VE WORKED FOR EEOC, HA, HAVE YOU ALWAYS BEEN STATIONED IN HOUSTON? YES, ALL 25 YEARS I'VE WORKED IN THE HOUSTON DISTRICT OFFICE. WOW. SO THIS IS HOME. THIS IS HOME. I THINK THAT'S UNUSUAL, ISN'T IT? I THINK SO. I'VE ASKED THE QUESTION AND THERE'S A LOT OF MOVEMENT. PEOPLE MOVE FOR DIFFERENT REASONS, UH, BUT I'M NOT LEAVING . WELL, THAT'S, IT'S NICE. AND IT'S ALSO NICE THAT YOU'VE HAD THE OPPORTUNITY FOR ADVANCEMENT ABSOLUTELY. DURING THAT TIME WITHOUT THE NEED TO LEAVE. YES, FOR SURE. FOR SURE. SO WHAT'S YOUR, LIKE, DAILY SCHEDULE? UM, IT'S PRETTY WILD. UM, BUT IT'S A GOOD THING. I, THIS IS A JOB. IF YOU LOVE TO BE BUSY, THIS IS IT FOR YOU. UH, MY DAILY TASKS ARE BASICALLY ANYBODY WHO NEEDS, UH, CONVERSATIONS, PRESENTATIONS. SO MOST OF THE TIME I'M EITHER CREATING PRESENTATIONS OR OUT IN THE PUBLIC GIVING PRESENTATIONS, DO A LOT OF ADV WORKING WITH ADVOCATES, UM, TAKE PHONE CALLS ALL DAY LONG FROM THE PUBLIC, WHETHER THAT'S THE EMPLOYEES OR THE EMPLOYERS EMAILS, HOWEVER THEY REACH OUT TO ME. UM, BUT I REALLY GET TO ENJOY WHEN WE GO OUT INTO THE PUBLIC AND THE COMMUNITY, WHETHER IT'S A CAREER FAIR BOOTH, TO LET PEOPLE KNOW ABOUT RIGHTS AND RESPONSIBILITIES OR TRAINING SPECIFICALLY FOR EMPLOYERS THAT WANNA GET IT RIGHT AND MAKE SURE THEY UNDERSTAND THE LAW. UM, AND THEN JUST WORKING WITH DIFFERENT ADVOCACY GROUPS TO MAKE SURE THAT THEIR EMPLOYEES ARE TRAINED, THAT THE PUBLIC THAT THEY SERVE, WE LET THEM KNOW ABOUT THE RIGHTS THAT THEY HAVE IN THE WORKPLACE AS WELL. SO [00:05:01] COMMUNITY ENGAGEMENT IS PROBABLY LIKE 80% OF THE DAY. UM, AND THEN REPORTS AND THINGS OF THAT SORT TO MAKE SURE THAT THE, UH, AGENCY, UH, LEADERSHIP KNOWS EXACTLY WHAT WE'RE DOING AND WHERE WE'VE MADE THOSE CONNECTIONS. SO WHERE DOES YOUR WORK INTERFACE WITH PEOPLE WITH DISABILITIES? ABSOLUTELY. SO THOSE ARE ONE, THAT'S ONE OF THE MAJOR LAWS THAT EEOC ENFORCES. UM, SO TITLE VII, UM, WHICH COVERS RACE, RELIGION, COLOR, SEX, AND NATIONAL ORIGIN. AMERICANS WITH DISABILITIES ACT IS ONE OF THE LAWS THAT EEOC ALSO ENFORCES AGE DISCRIMINATION, 40 AND OVER GINA, WHICH KIND OF INTERSECT SOMETIMES WITH THE A-D-A-P-W-F-A, SO ALL OF THE LAWS. BUT WHAT I WOULD SAY THAT IS LEX, IS THAT WE ARE STARTING TO SEE A LOT MORE CLAIMS WITH RESPECT TO THE A DA. AND A LOT OF THE PHONE CALLS THAT I'M GETTING FROM THE PUBLIC FOR THE EMPLOYEES OR THE APPLICANTS AND FROM THE EMPLOYERS ARE REALLY FOCUSED ON A DA. AND I THINK PEOPLE ARE TRYING TO MAKE SURE THEY GET IT RIGHT. MORE EMPLOYEES AND APPLICANTS KNOW THAT THEY HAVE RIGHTS IN THE WORKPLACE, AND SO THEY'RE CONTACTING US TO MAKE SURE THAT THEY'RE DOING THE RIGHT THING AND THAT THEIR EMPLOYER'S NOT DOING THE WRONG THING. AND SO WE'RE SEEING THIS UPTICK ON A DA CASES, AND I FEEL LIKE THAT'S BEEN SINCE COVID, THAT SLIGHT UPTICK. SO YOU MENTIONED GINA, BUT YOU DIDN'T, I DIDN'T HEAR YOU SAY 5 0 3. AND, AND YOU'RE ALSO RESPONSIBLE FOR SECTION 5 0 3 OF THE REHABILITATION ACT, RIGHT? YES. YES. THERE'S SO MANY LAWS THAT ERC FORCES, BUT YEAH, THE YES, ABSOLUTELY. ABSOLUTELY. SO, FEDERAL SECTOR, PUBLIC SECTOR, PRIVATE SECTOR, ALL OF THAT'S INCLUDED IN THE LAWS THAT EEOC ENFORCE. SO LET'S BREAK THAT DOWN A LITTLE BIT. SURE. SO FROM A STANDPOINT OF PEOPLE WITH DISABILITIES, IF THEY ARE WORKING AND, AND OR IF THEY'RE TRYING TO WORK, TRYING TO GET A JOB, THEY'RE LIKELY PROTECTED FROM DISCRIMINATION BY, MAYBE IT'S, UH, TITLE FIVE, SECTION 5 0 3 OF THE REHABILITATION ACT. UH, IT'S BY THE A DA AND COULD BE ALSO BY GINA, WHICH CORRECT. WHICH RELATES TO GENETICS AND, AND, UH, CAN, CAN YOU SORT ALL THAT OUT? IS IT LIKELY THAT ONE PERSON MIGHT BE PROTECTED BY ALL THREE OF THOSE LAWS? ABSOLUTELY. HERE'S WHAT I USUALLY TELL PEOPLE, LEX IS, IS FOR THEM TO CONTACT US. SOMETHING DOESN'T FEEL RIGHT, SOMETHING HAPPENED. YOU'RE NOT SURE, JUST GIVE ME A CALL. GIVE US A CALL. I THINK SOMETIMES PEOPLE TRY TO DIFFERENTIATE AND FIGURE IT OUT. LET US DO THAT FOR YOU. MOST OF THE TIME, IF SOMEBODY HAS ASKED YOU A QUESTION THAT DOESN'T FEEL RIGHT OR THEY'RE ASKING YOU FOR A DOCUMENTATION AND IT DOESN'T SEEM LIKE THEY'RE, THAT THEY'RE ASKING YOU FOR TOO MUCH, I USUALLY TELL PEOPLE, YOU CALL US. WE'LL FIGURE OUT WHERE IT GOES. UM, BUT IF SOMETHING DOESN'T FEEL RIGHT, 'CAUSE WHAT I FIND, EVEN AS AN INVESTIGATOR, I WAS AN INVESTIGATOR FOR 16 YEARS, IS THAT PEOPLE DON'T REALIZE WHAT IS TOO MUCH OR HOW MUCH IS NOT, YOU KNOW? SO I WANNA MAKE SURE THAT PEOPLE DON'T WORRY ABOUT WHERE IT FITS. 'CAUSE WE'LL FIGURE IT OUT. YOU ALSO HAVE PEOPLE WHO START OUT. I HAD AS AN INVESTIGATOR, SOMEBODY WHO STARTED OUT WITH A NATIONAL ORIGIN CLAIM. AND THE MORE QUESTIONS I ASKED, IT WAS ACTUALLY A DISABILITY ISSUE AS WELL. BUT THEY WEREN'T RECOGNIZING THOSE THINGS. SO I TELL PEOPLE, IF SOMETHING DOESN'T FEEL RIGHT, GIVE US A CALL. WE'LL ASK THE QUESTIONS AND MAKE SURE THEY'RE IN THE RIGHT PLACE. AND IF THEY'RE NOT IN THE RIGHT PLACE, WE'LL TRY TO GUIDE THEM TO THE RIGHT PLACE. BUT I DON'T WANT PEOPLE TO MISCOUNT OR DISQUALIFY THEMSELVES BEFORE THEY EVEN GET TO US. WELL, THAT'S A VERY GOOD POINT. YEAH. SO IT, I WANNA TALK MORE ABOUT THAT, BUT BEFORE WE DO THAT, I WANNA TAKE A REAL SHORT BREAK. SURE. UM, MARINA, WHEN WE COME BACK, I'M GONNA ASK YOU ABOUT HOW THE, UH, PROCESS WORKS ABSOLUTELY. AFTER SOMEBODY HAS CONTACTED YOU. ABSOLUTELY. UH, THANK YOU ALL FOR WATCHING. WE'LL BE RIGHT BACK WITH MORE FOCUS ON ABILITIES. I'M LEX FRIED. AND STAY TUNED. GREASE AND WIPES CLOG PIPES. IN FACT, CLOGS FROM THESE ITEMS ARE THE MAIN CAUSE OF SEWER OVERFLOWS IN HOUSTON. OUR PIPES ARE DESIGNED TO TRANSPORT WATER, PEE POO, TOILET PAPER, AND SOAP. HERE ARE A FEW ITEMS TO KEEP OUT OF TOILETS AND DRAIN IN THE KITCHEN. PUT GREASE IN ITS PLACE THE TRASH. SIMPLY POUR IT INTO A HEAT RESISTANT CONTAINER. COOL IT, THEN TOSS IT IN THE TRASH. THIS INCLUDES FOOD ITEMS SUCH AS MEAT, FATS, BUTTER, AND CREAM OILS, AND EVEN DOUGH AND BATTER. ALL FOOD SCRAPS SHOULD BE TOSSED IN THE TRASH IN THE RESTROOM. ONLY FLUSH THE THREE PEAS, PEE POO AND TOILET PAPER. TOGETHER WE CAN PROTECT OUR PIPES FROM CLOGS AND OVERFLOWS. LEARN MORE@PROTECTOURPIPES.ORG. HOUSTON FIRST CORPORATION INTRODUCES A NEW CULTURAL CENTER IN DOWNTOWN HOUSTON. [00:10:01] LYNN WYATT SQUARE, IN THE HOUSTON THEATER DISTRICT WITH OAK TREES, WATER FEATURES AND PROGRAMMING, OPEN TO THE PUBLIC. LYNN WYATT SQUARE.COM. HOUSTON 3 1 1. NOW AVAILABLE AS A MOBILE APP, TAKE A PHOTO, ENTER YOUR LOCATION, REPORT AN ISSUE, THE QUICK AND EASY WAY TO REPORT NON-EMERGENCY ISSUES OR REQUEST CITY SERVICE INFORMATION. DOWNLOAD TODAY ON THE APP STORE OR GOOGLE PLAY. WELCOME BACK. UM, MARINA GARRA IS HERE WITH ME. I'M LEX FRIEDEN, AND WE ARE TALKING ABOUT EMPLOYMENT, UH, OF PEOPLE WITH DISABILITIES AND EMPLOYMENT DISCRIMINATION. AND, UM, MARNA, YOU'RE WITH THE EEOC EDUCATION PERSON. YES. AND YOU HAVE BEEN AN INVESTIGATOR. YES. SO I THINK A LOT OF PEOPLE WOULD WANT TO KNOW WHAT HAPPENS IF I TALK TO YOU AND YOU DECIDE I NEED TO MAKE A COMPLAINT. SO THE PROCESS, AND, AND I LIKE THAT OUR PROCESS BEFORE COVID, WE WERE TRYING TO DO, SO SINCE 2017, WE WERE GOING DIGITAL. SO WHEN COVID CAME ALONG, WE DIDN'T MISS A BEAT. EVERYBODY CAN GO ON AND FILL OUT THE FORM ONLINE THROUGH THE PORTAL@EOC.GOV, UM, GOV. AND SO YOU CAN GO ON, YOU MAKE AN INQUIRY AND PEOPLE ARE VERY NERVOUS ABOUT THAT. THEY DON'T WANT THEIR EMPLOYER TO KNOW. RIGHT. AND THOSE KINDS OF THINGS. AND I TOTALLY UNDERSTAND THAT THE INQUIRY IS JUST THAT IT'S AN INQUIRY NO ONE KNOWS EXCEPT EEOC. SO THE PERSON GOES ON, WELL HOLD TIME OUT, YOU PROMISE? YES. OKAY. YEAH, ABSOLUTELY. OKAY. SO MY EMPLOYER WON'T KNOW WHAT I'M DOING, BUT I STILL SHOULD DO IT FROM HOME OR, YEAH, NO, AND HERE'S THE THING. NO ONE, WE'RE, WE'RE IN DOWNTOWN HOUSTON AT 1919 SMITH STREET IN THE MIC LAND FEDERAL BUILDING. IT'S A PHENOMENAL BUILDING, BUT IT IS DOWNTOWN PARKING AND SECURITY AND ALL THOSE THINGS. SO YOU DON'T HAVE TO DO THAT. YOU CAN GO ONLINE, YOU FILL OUT THE INQUIRY. IT'S ALMOST AS IF YOU WALKED IN AND SUBMITTED A, A QUESTIONNAIRE, RIGHT. WITH ALL THE INFORMATION. THE INQUIRY DOESN'T GO TO THE ORGANIZATION BECAUSE IT'S JUST THAT, IT'S AN INQUIRY. AM I IN THE RIGHT PLACE? IS JURISDICTION, YOU KNOW, SO THAT THE, THE EEOC IS THE RIGHT PLACE TO FILE. UM, ONCE THE INQUIRY IS, IS TAKEN BY EEOC, THEN THE INVESTIGATOR WILL INTERVIEW THE INDIVIDUAL TO MAKE SURE THIS IS THE RIGHT PLACE. TIMELINESS, THERE'S 300 DAYS IN WHICH TO FILE A CLAIM. THE STATUTES RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AGE, DISABILITY, L-G-B-T-Q STATUS, PREGNANCY, MAKING SURE IT'S IN THE RIGHT, UM, AGENCY. AND THE INDIVIDUAL DOES NOT, DOES NOT THEMSELVES NEED TO OR NOR SHOULD THEY REALLY DETERMINE WHETHER THEY HAVE BEEN DISCRIMINATED AGAINST. SO, I MEAN, THE BA BASICALLY, MOST OF US DON'T KNOW RIGHT. WHAT DISCRIMINATION REALLY MEANS. AND WE MAY, WE MAY HAVE FACED DISCRIMINATION WITHOUT EVEN REALIZING IT. EXACTLY. SO A MINUTE AGO, YOU SAID, IF IT DOESN'T FEEL RIGHT, IF THERE'S SOMETHING THAT'S ODD ABOUT IT, THAT IT JUST DOESN'T SEEM RIGHT TO YOU. CORRECT. THE, THE, THE THE REASON FOR CONTACTING YOU DOES NOT NEED TO BE THAT OH MY GOSH, THEY'VE DISCRIMINATED AGAINST ME. IT MAY BE THAT WHAT JUST HAPPENED. RIGHT? RIGHT. ABSOLUTELY. SO, AND THAT'S THE THING. PEOPLE DON'T REALIZE. PEOPLE, WHAT I FOUND AS AN INVESTIGATOR, AS AN INVESTIGATOR FOR 16 YEARS, PEOPLE DON'T WANNA BELIEVE THIS IS HAPPENING TO THEM FOR WHATEVER THE RE THE REASON, DISABILITY OR AGE OR WHATEVER IT MAY BE. AND I TOTALLY UNDERSTAND THAT. SO WHEN WE'RE LOOKING AT DISCRIMINATION, FOR EXAMPLE, WE'RE LOOKING AT HOW WERE YOU TREATED AS COMPARED TO SOMEONE ELSE. SOMEONE ELSE WAS TREATED MORE FAVORABLY, GIVEN MORE FAVOR THAN YOU, BUT THERE'S ALSO HARASSMENT, RIGHT? I WAS JUST TREATED POORLY. I WAS A DEROGATORY COMMENT STATEMENT OR SOMETHING OF THAT SORT. SO THERE'S A LOT OF THINGS THAT ARE AT PLAY. AND SO THAT'S WHY WE TELL PEOPLE, REACH OUT TO US SO THAT WE CAN MAKE SURE YOU'RE IN THE RIGHT PLACE. WE'LL TALK ABOUT EVIDENCE AND HOW MUCH YOU HAVE AND WHAT YOU NEED AND THOSE KINDS OF THINGS. BUT IF I GET CALLS ALL THE TIME, LEX, WHERE SOMEONE SAYS, HEY, MY ORGANIZATION DOESN'T HAVE A REASONABLE ACCOMMODATION. I CAN'T COME TO WORK, I CAN'T COME BACK TO WORK UNTIL I'M A HUNDRED PERCENT HEALED. THAT IN ITSELF COULD BE AN ISSUE. SO I HAVE A LOT OF QUESTIONS FOR YOU AT THAT POINT. AND THEY MAY NOT REALIZE THAT THAT POLICY IS A VI POTENTIAL VIOLATION OF THE A DA OR THEY'RE NOT HIRING OLDER WORKERS. THAT'S A POTENTIAL VIOLATION OF THE A DEA AGE DISCRIMINATION AND EMPLOYMENT ACT. SO THAT'S WHAT THE INQUIRY IS FOR. AND EVEN IF PEOPLE FEEL LIKE, OH, I DON'T EVEN WANNA DO THAT, THAT'S TOO FORMAL. THEY CAN JUST CALL, THEY CAN CALL ME, AND I'M HAPPY TO WALK THROUGH THE SITUATION, ASK QUESTIONS AND SAY, YES, YOU SHOULD FILE. OR YES, THIS IS SOMETHING THAT'S COVERED, BUT THE INDIVIDUAL HAS THAT RIGHT. AND OPPORTUNITY TO MAKE THAT DECISION. AND YOU AND YOUR COLLEAGUES DON'T PUT DOWN THE PHONE, TURN AROUND AND CALL THE EMPLOYER AND SAY, HEY, LOOK OUT. SO AND SO IS IS RAISING SOME [00:15:01] FITS HERE. SO HERE'S WHAT HAPPENS WHEN THE INQUIRY IS MADE, WE DO NOT NOTIFY THE EMPLOYER. IF CHARGE IS FILED, THAT MEANS IT'S A FORMAL CHARGE THAT EEOC HAS DRAFTED, THEN YES, AT THAT POINT WE DO NOTIFY THE EMPLOYER, BUT ONLY BECAUSE WE WANNA HEAR THEIR SIDE OF THE STORY. SO AN INQUIRY, A PHONE CALL, ABSOLUTELY NOT THE CHARGE. ONCE THE CHARGE IS FILED, THE INVESTIGATOR WILL EXPLAIN TO THE PERSON, AGAIN, A CHARGE IS FILED WITHIN 10 DAYS, THE EMPLOYER WILL KNOW. BUT AGAIN, THAT'S SO THAT THE INDIVIDUAL, THE ORGANIZATION THEN HAS THE OPPORTUNITY TO RESPOND. 'CAUSE AT THE END OF THE DAY, LEX, IF SOMETHING IS WRONG, WE WANNA MAKE SURE THAT WE GET IN THERE AND WORK WITH THE ORGANIZATION TO MAKE IT RIGHT SO THAT OTHER PEOPLE AREN'T NEGATIVELY IMPACTED BY THE POLICY OR THE PRACTICE OR WHATEVER IT MAY BE. BUT PEOPLE ARE AFRAID. AND I TOTALLY UNDERSTAND THAT. WELL, I MEAN THE, THAT, THAT'S THE OTHER SIDE OF IT. IF THE, ONCE THE EMPLOYER KNOWS, OR IF THE EMPLOYER KNOWS WHAT'S TO PREVENT THEM FROM EVEN BEING MORE AGGRESSIVE. CORRECT. HERE'S WHAT I ALWAYS TELL PEOPLE, LIKE WHEN THEY WOULD COME SIT ACROSS ME AND THEY SAY, WELL, ALL OF THAT, BUT I DON'T WANNA FILE, IS IT GOING TO GET ANY BETTER? SO WHETHER YOU COMPLAIN OR YOU DON'T COMPLAIN, IS YOUR SITUATION GOING TO GET BETTER? IF YOU DON'T, IF YOU DO AND YOU PUT SOMETHING IN WRITING, WHETHER THAT'S INTERNALLY WITH THE ORGANIZATION, EXTERNALLY WITH EEOC, YOU HAVE AT LEAST SET YOURSELF UP TO PROTECT YOURSELF FROM RETALIATION, WHICH IS ANOTHER LAW. EEOC ENFORCES. SO WE DO HAVE PROVISIONS, PROTECTIONS. I'M GONNA BE VERY TRANSPARENT AND SAY IT DOESN'T PREVENT AN EMPLOYER FROM TERMINATING YOU. UM, BUT IF THEY DO RETALIATE, IF THEY LET YOU GO DISCIPLINE, YOU TREAT YOU, YOU KNOW, LESS FAVORABLY AFTER THE COMPLAINT, UM, AND THEY DON'T HAVE A LEGITIMATE REASON, THEN THAT'S SOMETHING THAT EEOC REALLY FOCUSES ON. BUT I'M NOT WORRIED ABOUT BEING TERMINATED. I'M WORRIED ABOUT THEM COPPING AN ATTITUDE. AND THE NEXT TIME I COME UP FOR PROMOTION, NOT GETTING THAT PROMOTION, IF THE ORGANIZATION DOESN'T HAVE A LEGITIMATE REASON FOR THAT ADVERSE ACTION, RIGHT, THE NEGATIVE ACTION AGAINST THE EMPLOYEE, THE PERSON WHO'S FILED THE COMPLAINT, THEN YOU WOULD JUST FILE A RETALIATION CLAIM. 57% OF THE CASES THAT EEOC RECEIVED LAST YEAR INCLUDED A CLAIM OF RETALIATION. SO IT HAPPENS. WOW. UNFORTUNATELY. BUT IT IS SOMETHING THAT EEOC IS VERY FOCUSED ON. IT'S SOMETHING THAT WE WANNA MAKE SURE WE'RE, WE'RE TAKING THOSE CASES VERY SERIOUSLY BECAUSE WHEN WE LOOK AT THOSE, WE LOOK AT ALL THE CASES. BUT WHEN WE LOOK AT THE RETALIATION CASES, IT'S LET EMPLOYERS KNOW THAT IT'S UNACCEPTABLE, NOT, OKAY. EVERYBODY HAS THE RIGHT TO FILE, WHETHER THAT'S INTERNALLY WITH THE ORGANIZATION A COMPLAINT, OR EXTERNALLY WITH EEOC, AND WE WANNA MAKE SURE THAT THEY HAVE THOSE PROTECTIONS. NOW, FROM AN ORGANIZATION STANDPOINT, I'M THE EMPLOYER AND I'M SAYING, THESE PEOPLE ARE JUST, YOU TALK ABOUT HARASSMENT, THEY'RE HARASSING ME. THEY'RE CALLING THE FEDERAL AGENCY. I CAN'T GET THE WORK DONE. I'VE GOT TO MEET WITH THESE INVESTIGATORS AND FILE THESE REPORTS AND SO ON. WHAT DO YOU SAY TO THAT? I HAVE HAD THOSE PHONE CALLS, , AS AN INVESTIGATOR, WHY ARE YOU BOTHERING ME? UM, IF YOU, IF THE ORGANIZATION DIDN'T DO ANYTHING WRONG, YOU LOOK AT THAT AS AN OPPORTUNITY TO CLEAR YOUR NAME. BUT WHEN THERE'S A LOT OF SAND AND THERE'S A LOT OF ISSUES, AND THEY'RE FIGHTING TOOTH AND NAIL TO, TO EVEN RESPOND TO THIS, IT KIND OF RAISES A LITTLE BIT OF A RED FLAG. IF YOU DIDN'T DO ANYTHING WRONG, THEN WE GO THROUGH THAT. WE'RE NEUTRAL. WE'RE NOT ON EITHER SIDE, BUT IF YOU DIDN'T DO ANYTHING WRONG, JUST LET US KNOW. AND THE CASE GOES AWAY. SOMETIMES WE CAN SETTLE IT, RESOLVE IT, BUT IF YOU DID DO SOMETHING WRONG, WE WANNA MAKE SURE THAT THESE THINGS DON'T CONTINUE TO HAPPEN. AND EEOC DOESN'T HAVE TO KEEP WASTING TIME COMING IN, KNOCKING ON YOUR DOORS, INTERVIEWING PEOPLE, WHATEVER IT MAY BE. UM, SO I DO UNDERSTAND THAT EMPLOYERS ARE NOT TAKING TOO KINDLY, BUT IF THEY'RE DOING THE RIGHT THING AND TAKING THE RIGHT STEPS AND TREATING PEOPLE FAIRLY AND EQUITABLY, THESE CASES DON'T NECESSARILY HAVE TO GO VERY FAR. IT'S WHEN THEY DON'T DO THE RIGHT THING, THAT THAT'S WHERE IT BECOMES PROBABLY. BUT YOU WOULD ALSO SAY TO EMPLOYERS, HEY, LOOK, WE'RE TRYING TO HELP YOU JUST AS WELL. YES, YES. BECAUSE IF IT'S NOT THIS TIME, IT MIGHT BE NEXT TIME AND YOU DON'T WANNA DEAL WITH IT. ABSOLUTELY. SO AS AN INVESTIGATOR, ONE OF THE THINGS THAT I REALLY TOOK A LOT OF PRIDE IN WAS GOING THROUGH POLICIES OF AN ORGANIZATION WHILE I, WHILE I WAS INVESTIGATING. AND IF I SAW SOMETHING THAT WAS A POTENTIAL ISSUE, BRINGING IT TO THEIR ATTENTION AND SAYING, HEY, LISTEN, THIS COULD BE A PROBLEM. FOR EXAMPLE, A HUNDRED PERCENT RETURN TO WORK, IF ANY ANYBODY'S POLICY SAYS THE EMPLOYEE HAS TO BE A HUNDRED PERCENT ABLE TO RETURN TO WORK, THAT COULD QUITE POTENTIALLY VIOLATE THE A DA. AND SO IF THEY UPDATE THE POLICY, IF THEY MAKE SURE THAT THEY HAVE AN ACCOMMODATION PROCESS, THEN THEY CAN AVOID PROBLEMS. IF THEY HAVE AN EFFECTIVE COMPLAINT PROCESS FOR HARASSMENT, AND THEY UTILIZE THOSE PROCESSES AND THEY, YOU KNOW, TAKE THOSE CLAIMS SERIOUSLY, THEN THERE'S NO NEED TO COME TO EEOC 'CAUSE THEY'RE HANDLING IT. SO THAT'S WHY I LOVE MY ROLE IN THAT. I WORK WITH BOTH SIDES, THE EMPLOYEES TO LET THEM KNOW THEIR RIGHTS AND THE EMPLOYERS TO HOPEFULLY [00:20:01] GET IT RIGHT. LISTEN, THE ONE THING THAT I LOVE IS I GET A LOT OF EMPLOYERS CALLING ME BEFORE THEY GET IN TROUBLE. I WANTED FOR TRAINING ABOUT THAT. YEAH. YES. AND I LOVE THAT. I LOVE THAT THEY'RE TRYING TO DO, SO YOU, SO IF I'M AN EMPLOYER AND I SEND YOU MY POLICIES, YOU'LL TAKE THE TIME TO LOOK THROUGH 'EM AND MAKE SURE THEY'RE CLEAR. SO I DON'T NECESSARILY GIVE LEGAL ADVICE, BUT I'LL LOOK AT IT AND SAY, HERE'S SOME GUIDANCE ON WHY THIS MIGHT NEED TO BE UPDATED. OKAY. YEAH. AND, AND THERE'S WONDERFUL RESOURCES. UM, SO WE HAVE A SMALL BUSINESS RESOURCE PAGE ON EOC.GOV. EVEN IF YOU'RE A LARGE ORGANIZATION, IT HAS ALL OF THE LAWS, ALL OF THE STATUTES, EVERYTHING. VERY SIMPLY PUT. BUT YEAH, ANYBODY CAN CALL ME. AGAIN, I DON'T GIVE LEGAL ADVICE, BUT I CAN SAY, THIS IS WHAT EEOC WOULD BE LOOKING FOR, AND THIS IS WHY WE MIGHT SEE THIS AS AN ISSUE. OKAY, GREAT. YEAH, ABSOLUTELY. I HAVE A FEW MORE QUESTIONS. SURE. BUT, UH, WE'LL POSTPONE THOSE FOR A MINUTE. WE ARE GONNA TAKE A BREAK FROM, UH, FOCUS ON ABILITIES YOU ALL. PLEASE STAY TUNED. IT'S A GREAT SHOW. WE ARE A CITY OF COLLABORATORS WHO BUILD ON ONE ANOTHER'S INSPIRATION, STRENGTHS, AND CULTURES TO SHAPE A FUTURE WE ALL CAN SHARE TOGETHER, WE ARE MORE THAN 7 MILLION INGREDIENTS THAT MAKE SOMETHING THAT CANNOT BE DISCOVERED, TASTED, OR INVENTED ANYWHERE ELSE. COME ON, A MOVEMENT, A MOMENT, A FUTURE. COME ON. WE CANNOT WAIT TO MAKE TOMORROW TOGETHER. HELLO, MY NAME'S GUDO HERNANDEZ. MY WORK DEALS A LOT WITH GOING BACK AND REVISITING THESE PLACES OF MY CHILDHOOD IN MEXICO AND DOCUMENTING THEM. THE INFLUX OF SO MANY DIFFERENT PEOPLE ARRIVING HERE IN HOUSTON FROM AROUND THE WORLD IS VERY IMPACTFUL ON MY PALETTE AS WELL AS MY CANVAS AS AN ARTIST. MAINLY FOR ME, JUST ALL THE ART THAT WAS IN HOUSTON WAS A BIG INFLUENCE ON ME. IT REALLY GOT ME SERIOUS ABOUT MAKING MY OWN WELCOME BACK. WE'RE HERE TODAY WITH MARINA GUERA FROM THE U-S-E-E-O-C, THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. UH, MARINA, WE'VE TALKED ABOUT A LOT OF ISSUES. ONE OF THE ISSUES THAT SURPRISED ME, YOU SAID 57% OF YOUR CLAIMS INVOLVE HARRA, NOT HARASSMENT, BUT RETALIATION. CORRECT. UH, AND THERE ARE ALSO A NUMBER THAT INVOLVE HARASSMENT. CORRECT. SO PEOPLE WHO ALREADY HAVE A JOB GETTING HARASSED IN THE WORKPLACE. AND I YEAH, I CAN UNDERSTAND THAT. I'VE, I UNDERSTAND THAT WITH RESPECT PROBABLY TO GENDER MORE THAN ANYTHING ELSE, BUT IT ALSO OCCURS IN DISABILITY CASES. ABSOLUTELY. SO HARASSMENT CAN BE BASED ON ANY PROTECTED STATUS FOR EEOC, BECAUSE MY RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AGE, DISABILITY, PREGNANCY, L-G-B-T-Q STATUS. AND SO ALL OF THOSE ARE PROTECTED FOR EEOC. SO IF SOMEONE MAKES A NEGATIVE COMMENT ABOUT SOMEBODY'S DISABILITY OR THE NEED FOR AN, A REASONABLE ACCOMMODATION, RIGHT? A MODIFIC, LIKE IF THEY HAVE A MODIFICATION TO A WORK SITUATION, TELEWORK OR MODIFIED WORKSPACE AND MANAGEMENT OR EMPLOYEE HAS A NEGATIVE RESPONSE ABOUT THAT. THOSE ARE THINGS THAT EEOC LOOKS AT BECAUSE WE EXPECT THAT THE EMPLOYER CREATE A WORKPLACE FREE OF DISCRIMINATION, HARASSMENT, RETALIATION. AND KEEP IN MIND, HARASSMENT CAN COME EMPLOYEE TO EMPLOYEE OR COWORKER TO COWORKER, SUPERVISOR TO EMPLOYEE, BUT ALSO A THIRD PARTY. SO LET'S SAY YOU WORK OUTSIDE, UH, YOU MAKE DELIVERIES OR SOMETHING OF THAT SORT, AND SOMEONE MAKES FUN OF YOU BECAUSE THEY KNOW THAT YOU HAVE SCHIZOPHRENIA OR BI, YOU KNOW, SOME DISABILITY THAT MAYBE IS NOT NECESSARILY VISUAL. AND, AND THAT'S ALSO PROTECTED. SO EVEN THIRD PARTIES CAN HARASS EMPLOYEES. RIGHT. AN EXAMPLE OF THAT, I THINK FROM A WORKPLACE THAT I RECENTLY HEARD ABOUT, SOMEBODY HAD A POSTING THAT SAID, UH, PLEASE AVOID FRAGRANCES, UH, BECAUSE THERE WAS AN INDIVIDUAL IN WORKPLACE WHO WAS ALLERGIC SURE. TO CERTAIN FRAGRANCES. AND A CONTRACTOR CAME IN AND LOOKED AT THAT SIGN AND MADE SOME DUBIOUS COMMENT ABOUT PEOPLE WEARING FRAGRANCES. RIGHT. SO THAT COULD HAVE WELL BEEN A COMPLAINT. YEAH. AND, AND THOSE ARE THE THINGS THAT WE NEED PEOPLE TO CONTACT US ABOUT. BECAUSE HERE'S WHAT I FOUND IS THAT IT'S NOT JUST THAT ONE THING. THERE'S OTHER THINGS. IT'S LIKE THESE LAYERS OF THINGS THAT USUALLY HAPPEN MOST OF THE TIME. IT'S NOT JUST THE ONE TIME COMMENT, IT'S MULTIPLE BEHAVIORS OR ACTIONS NEGATIVE TOWARDS INDIVIDUAL OR GROUPS OF INDIVIDUALS. RIGHT. SO THOSE ARE THE THINGS THAT EEOC NEEDS TO KNOW ABOUT BECAUSE [00:25:01] THOSE ARE THE THINGS WE NEED GET INVOLVED WITH. AND KEEP IN MIND THAT THE PROTECTIONS ARE ALSO FOR APPLICANTS, YOU COULD BE DISCRIMINATED AGAINST OR EVEN HARASSED BEFORE YOU EVEN GET INTO THE WORKPLACE. RIGHT? RIGHT. SO IF YOU COME IN AND THEY NOTICE THAT YOU HAVE A DISABILITY, OR SOMEHOW THAT INFORMATION IS DISCLOSED AND THEY HAVE NEGATIVE COMMENTS ABOUT DURING EVEN THE APPLICATION STAGE, YOU CAN COME TO EEOC AND FILE. SO YEAH. HARASSMENT IS UNFORTUNATELY ALIVE AND WELL. THE, UH, CASES THAT WE ARE HEARING MORE ABOUT AT THE, UH, UH, TECHNICAL ASSISTANCE CENTER ON DISABILITIES HAVE TO DO WITH HIDDEN DISABILITIES. AND WHAT WE'VE LEARNED IS THAT MANY PEOPLE, PARTICULARLY YOUNG PEOPLE WHO HAVE, UH, LEARNING DISABILITIES OR WHO MAY HAVE SURVIVED CANCER, AND THEY, IT'S NOT APPARENT THAT THEY HAVE A DISABILITY, BUT THEY NEED SOME ACCOMMODATION. THEY ARE HESITANT CORRECT. TO IDENTIFY THEMSELVES AS HAVING A DISABILITY. CORRECT. EVEN THOUGH IT MIGHT GIVE THEM AN ACCOMMODATION THAT WOULD ALLOW THEM TO DO THEIR WORK BETTER. CORRECT. NOW, WHAT DO YOU SAY TO THOSE PEOPLE? YOU ABSOLUTELY HAVE THOSE RIGHTS IN THE WORKPLACE, AND IT'S IMPORTANT FOR PEOPLE TO KNOW THAT THEY NEED TO ADVOCATE FOR THEMSELVES. SO IT'S NOT JUST THE DISABILITIES THAT YOU CAN SEE. IT'S COGNITIVE DISABILITIES, LEARNING DISABILITIES, MENTAL HEALTH ISSUES THAT PEOPLE MIGHT BE DEALING WITH. THOSE ARE ALL POTENTIALLY PROTECTED UNDER THE A DA. BUT SOME PEOPLE HAVE SAID, LOOK, IF I TELL MY EMPLOYER, IF I, IF I ACKNOWLEDGE, IF I, UH, VOLUNTEER THAT I HAVE A DISABILITY, IT'S NOT JUST THAT EMPLOYER WHO'S GONNA BE AFFECTED HERE, BECAUSE MY INSURANCE COMPANY MAY HAVE SOME KIND OF RULES ABOUT MY DISABILITY. SO ONE OF THE THINGS THAT I'D LIKE TO REALLY, REALLY STRESS IS THIS. IF YOU DO NOT NEED TO NOTIFY THE EMPLOYER, IF YOU CAN DO THE JOB AND YOU DON'T NEED AN ACCOMMODATION, AND YOU CAN GO YOUR WHOLE ENTIRE CAREER AND NOT LET ANYBODY, YOU DON'T NEED TO LET ANYBODY KNOW, THAT'S PERFECTLY FINE. THE ONLY TIME THAT YOU WOULD NEED TO LET THEM KNOW IS IF YOU NEED A REASONABLE ACCOMMODATION. IF SAY FOR EXAMPLE, YOU HAVE A SEVERE ANXIETY OR COGNITIVE DISABILITY, AND YOU NEED AN ACCOMMODATION OF MORE TIME, A MODIFIED SCHEDULE BREAKS, THINGS OF THAT SORT, THEN THAT'S WHEN IT'S IMPORTANT TO LET THE EMPLOYER KNOW UTILIZING MECHANISMS. I CANNOT STRESS THIS ENOUGH, DOCUMENTING THOSE COMMUNICATIONS AND CONTACTS WITH WHOMEVER IT MAY BE. ONE OF THE THINGS THAT I REALLY STRESS TO EVERYBODY WHEN I DO TRAINING EMPLOYEES, KNOW YOUR POLICIES. KNOW WHO YOU'RE SUPPOSED TO GO TO, KNOW WHAT YOU'RE SUPPOSED TO DO, AND FOLLOW THOSE PROCESSES AND DOCUMENT THAT FOR EMPLOYERS. FOLLOW YOUR POLICIES. IF YOU DON'T HAVE A POLICY, THERE'S A PRACTICE. BUT MAKING SURE THAT PEOPLE KNOW THAT THEY SHOULD ADVOCATE FOR THEMSELVES BECAUSE THE ACCOMMODATION PROCESS, RIGHT, THE MODIFICATION TO THE WAY WORK IS DONE, OR THE PHYSICAL ASPECTS OF THE JOB IS SO THAT THEY CAN ENJOY EQUAL PRIVILEGES OF EMPLOYMENT LIKE EVERYBODY ELSE. THAT'S A, THAT'S A GOOD WAY TO END TODAY'S PROGRAM. NOW, MARINA, AND YOU AND I CAN SIT HERE FOR HOURS AND HOURS AND CONTINUE THIS DISCUSSION, BUT WE HAVE TO HAVE TO SAY GOODBYE. AND THE BEST THING WE CAN TELL THE AUDIENCE NOW IS IF YOU HAVE A QUESTION, BE IN TOUCH WITH MARINA AND HER COLLEAGUES ABSOLUTELY. AT THE EEOC, WHICH PROTECTS, THAT'S THE ANSWER TO THE QUESTION. IT IS THE EOC THAT PROTECTS PEOPLE WITH DISABILITIES IN EMPLOYMENT RELATED TO THEIR DISABILITIES. UH, MARINA, HOW DO THEY REACH YOU? WHAT'S THE WEBSITE? SO THE, OUR WEBSITE IS WWW.EEOC.GOV GOV. THEY CAN ALSO REACH ME DIRECTLY, IT'S MARINA, M-A-R-I-A DOT, OR PERIOD GURA, GUER, RRA, AT EOC.GOV GOV. YOU CAN SEND ME AN EMAIL. I'LL BE HAPPY TO REPLY AND RESPOND ANYTHING, ANY QUESTIONS, SOMETHING JUST DOESN'T FEEL RIGHT FOR A FAMILY MEMBER, A FRIEND YOURSELF, PLEASE GIVE US A CALL SO THAT WE CAN MAKE SURE YOU'RE IN THE RIGHT PLACE AND WE'LL MAKE SURE THAT, THAT EVERYTHING IS TAKEN CARE OF. AND IF IT'S NOT THAT, AT LEAST WE'VE HAD THAT CONVERSATION. MARIA, THANKS SO MUCH FOR BEING OUR GUEST TODAY. THANK YOU, LEX, FOR HAVING ME TODAY. I WANT TO THANK ALL OF YOU FOR WATCHING FOCUS ON ABILITIES. THIS SHOW IS PRODUCED BY HTV, AND, UH, WE ARE VERY HAPPY TO HAVE YOU JOIN US AGAIN NEXT TIME. I'M LEX FRIEDEN. THANKS FOR WATCHING. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.