PAD 703 � Discrimination, Harassment and Retaliation by Umv8VmhZ

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									                     John Jay College of Criminal Justice
                            PAD 703 (Section 1)*
         Human Resources Management and Administrative Effectiveness:
                 Discrimination, Harassment, and Retaliation
                   Fall 2006: Mondays: 6:20 pm – 8:20 pm
              *Prerequisite: PAD 702, Introduction to Human Resources Management

Professor: Roddrick Colvin, Ph. D.
Office Hours: By appointment and M/W from 2:00 p.m. to 4:00 p.m.
Office: 3515 North Hall
Phone: 212-237-8850 (for a more timely response, please communicate via e-mail)
Email: rcolvin@jjay.cuny.edu
Web: Blackboard materials online

Description
This course seeks to provide students with the knowledge, skills and ability to investigate and
resolve employee complaints of discrimination, harassment, and retaliation. Although these claims
are often end up in the legal division of public agencies, managers and supervisors must often act as
“first responders” to allegations of wrongdoing. With the appropriate understanding and knowledge
of the discrimination, harassment and retaliation, public administrators can address allegations in an
efficient, effective and equitable manner.

Course Objectives
    Provide an overview of relevant federal, state and local laws which prohibit discrimination,
      harassment, and retaliation
    Develop familiarity with common tools and techniques used to identify and measure
      discrimination, harassment, and retaliation
    Provide an understanding of how to gather information about complaints
    To write and format an initial investigator’s report

Students Will Learn About
EEO laws and complaints processes
Reasonable accommodation requirements
Sexual harassment liability
Various forms of discrimination, harassment and retaliation
Communication skills
Interview skills
Writing skills

Course Materials
Salisbury, J. & Bobbi Dominick. 2004. Investigating Harassment and Discrimination Complaints:
A Practical Guide. Wiley & Sons: San Francisco, CA. ISBN: 0-7879-6974-9

Riccucci, N. 2002. Managing Diversity in the Public Sector Workforce. Westview Press.
Cambridge, MA. ISBN: 0-8133-9838-X
Additional articles and cases are available on Blackboard and the library’s electronic reserve
system.

Instructional Methods and Learning
Since people learn differently, several learning techniques are employed in this course. The course
will include some traditional lecture, discussions, small group interactions, presentations, guest
speakers, and casework.

I’ll assume that each student has read the required material for each session. It is imperative that
students come to class prepared to participate and ready to engage the material and each
other.

Course Requirements
Article Review (15 points each)
Students will pick one article on employment discrimination and one article on sexual harassment
for review. Each student will highlight the relevant and important issues raised in each article (see
“how to write a review” on Blackboard). The article must come from the following scholarly
journals and should be less than five years old (please check with me if you have a particular
journal in mind that is not on the list).

Public Administration Review                            Political Communication
American Review of Public Administration                Public Administration Quarterly
Journal of Public Admin. Review and Theory              American Politics Quarterly
Review of Public Personnel Administration               Social Policy
Journal of Policy Analysis and Management               Western Political Quarterly
American Journal of Political Science                   Journal of Social Issues
Policy Studies                                          Social Science Quarterly
State Policy and Politics Quarterly                     State and Local Government Review
Public Personnel Management                             Politics and Policy
Public Productivity and Management Review

Sex Harassment Interview (20 points)
Based on a sexual harassment case study, each student will develop an interview protocol. The
paper should articulate your approach for interviewing each of the following people: the accused,
the accuser, and a witness.

Group Case Presentation (20 points)
Students will be given a case study on employment discrimination, harassment or retaliation. The
case will require each group will develop an investigation plan. The plan should include identifying
the relevant laws and policies, confidentiality, and retaliation, facts of the case, primary and
secondary actors, and an initial determination based on the facts. The plan should also identify any
information not in the case, but needed to conduct a fuller investigation.

Midterm and Final (20 points each)
One midterm and one final examination will be given in this course.

Participation (10 points)
Participation is critical for success in this course.
Other Course Information
Blackboard
Students can find all materials related to this course on the Blackboard website. On frequent
occasions, I will post additional materials and information on the site. I will also use Blackboard as
a form of communication in the course; please make sure you have a valid e-mail address in the
system.

Writing Assignments and Professional Communications
Memos are a standard form of communication in many public organizations. Memos are often used to
help a decision-maker understand the critical issues requiring his or her attention. In order to foster
efficient and effective communication, students will submit memorandums for their writing assignments
as well as general communication with the professor. Please see the supplemental materials on
Blackboard for how to write a memo. All assignments should be single-spaced, 12 point font, Times
New Roman, one inch margins.

Students should also use professional standards when communicating with the professor via e-mail. I
will only reply to e-mail communications sent from a John Jay College account e-mail address or a work
account where the name of the sender and the organization are known to me. As a general rule, it is
always best to communicate with me from your school account.

Timely Completion of Assignments
Assignments are due at the beginning of class. Assignments submitted after 6:30 pm on the due date will
be considered late. Unexcused late assignments are penalized one letter grade per business day. That
means that an ‘A’ assignment becomes a ‘C’ after just two day, and an ‘F’ after one week.

Late assignments become “low priority” for grading.

Wireless Communications
Students should be sure to place wireless communication devices mute or vibrate. If you need to take a
call or answer a message, please leave the classroom with minimal disruption.

Positive Learning Experience
This course will empower you in many different ways. Most important, you are empowered to make
this class exciting, fun, informative, and engaging. If you come to class, take good notes, read all
course materials, and participate in class, you will enjoy this class tremendously.

Schedule of Classes
Background – Legal, Social, Political and Historical Context

Week 1 – September 11
Introduction to the Course

Week 2 – September 18
AA and EEO – Riccucci – Chapters 1 and 2
Affirmative Action – Congressional Quarterly – Blackboard

Optional and Interesting Sites
Federal Equal Employment Opportunity (EEO) Laws - www.eeoc.gov
New York State Division of Human Rights - http://www.nysdhr.com/
New York City Commission on Human Rights - http://www.nyc.gov/html/cchr/

Week 3 – September 25
Diversity Management – Riccucci – Chapter 3 and 4
Diversity at Work – Congressional Quarterly – Blackboard

Week 4 – October 16
Diverse Populations - Riccucci - Chapter 5, 6, and 7
Americans With Disabilities Act - Congressional Quarterly – Blackboard
Age Discrimination - Congressional Quarterly – Blackboard
* Employment discrimination article review due

Week 5 – October 23
Midterm Examination

Week 6 – October 30
The Law and Psychology of Harassment – Salisbury and Dominick - Chapters 2, 3
Sexual Harassment: A Legal Perspective for Public Administrators – Strickland – Blackboard
Religion in the Workplace - Congressional Quarterly – Blackboard

Harassment

WEDNESDAY: November 1 – Bonus Session – HRM Expert Panel: Details TBA

Week 7 – November 6
Sexual Harassment and Police Discipline – Collins - Blackboard
Sexual Harassment in Women’s Jails – Storh et al – Blackboard
Sexual Harassment - Congressional Quarterly – Blackboard
*Sexual harassment article due

Retaliation

Week 8 – November 13
Retaliation Claims – Benoit and Nagel – Blackboard
Protecting Whistleblowers – Congressional Quarterly – Blackboard
The Racialized Workplace: Diminished Opportunities in an Unwelcoming Environment – PA Times
- Blackboard

Investigations

Week 9 – November 20
Beginning an Investigation – Salisbury and Dominick – Chapters 5, 6
Investigators and Discrimination Claims – O’Connell – Blackboard

Week 10 – November 27
Conducting the Investigation - Salisbury and Dominick, Chapters 7 – 10
*Sexual harassment interview due

Beyond Investigations
Week 11 – December 4
Corrective Actions – Salisbury and Dominick, Chapter 11
Remedies, Healing and Follow-up - Salisbury and Dominick, Chapter 12
The Investigator as Witness - Salisbury and Dominick, Chapter 13
Case Presentations

Week 12 – December 11
Case Presentations
Final Examination (Take Home)

Blackboard and Other Resources

Bendick, M., Charles W. Jackson & Victor A. Reinoso. 1994. Measuring Employment
      Discrimination Thought Controlled Experiments. Review of Black Political Economy. (23)1.
      24-49.

Bendick, M., Charles W. Jackson, Victor A. Reinoso & Laura Hodges. 1991. Discrimination
      Against Latino Job Applicants: a controlled experiment. Human Resource Management.
      (30)4. 469-484.

Benoit, W,. & James Nagle. 2003. Retaliation Claims. Employee Relations Law Journal. (29)3. 3 -
       61.

Collins, S. 2003. Sexual Harassment and Police Discipline: who’s policing the police? Policing: An
       International Journal of Police Strategies & Management. (27)4. 512-538.

Congressional Quarterly. December 20, 1996. Implementing the Disability Act: should the scope of
      the ADA be narrowed? (6)47. 1105-1128. CQ Press: Washington, DC.

Congressional Quarterly. December 5, 1997. Whistleblowers: are they heroes or disloyal publicity
      hounds? (7)45. 1057-1080. CQ Press: Washington, DC.

Congressional Quarterly. August 1, 1997. Age Discrimination: does federal law protect older
      workers’ job rights? (7) 29. 637-696. CQ Press: Washington, DC.

Congressional Quarterly. October 10, 1997. Diversity in the Workplace. (7)38. 889-912. CQ Press:
      Washington, DC.

Congressional Quarterly. September 21, 2001. Affirmative Action: should colleges consider race in
      admissions? (11) 32. 737-760. CQ Press: Washington, DC.

Johnson, R. A. 2002.Whistleblowing: When It Works - And Why. L. Rienner Publishers: Boulder,
CO. ISBN: 1-58826-139-5

Lee, R., & Paul Greenlaw. 2000. Employer Liability for Employee Sexual Harassment: a judicial
       policy-making study. Public Administration Review. (60)2. 123-133.
Newman, M., Robert Jackson & Douglas Baker. 2003. Sexual Harassment in the Federal
     Workplace. Public Administration Review. (63)4. 472-483.

O’Connell, L. 1991. Investigators at Work: how bureaucratic and legal constraints influence the
      enforcement of discrimination law. Public Administration Review. (51)2. 123-130.

Reese, L. & Karen Lindenberg. 2004. Employee Satisfaction with Sexual Harassment Policies: the
       training connection. Public Personnel Management. (33)1. 99-119.

Riccucci, N. and Charles Gossett. 1996. Employment Discrimination in State and
       Local Government: the lesbian and gay male experience. American Review of Public
       Administration. (26)2. 175-200.

Stohr, M., G. Larry Mays, Ann Beck & Tammy Kelly. 1998. Sexual Harassment in Women’s
       Prisons. Journal of Contemporary Criminal Justice. (14)2. 135-155.

Strickland, R. 1995. Sexual Harassment: a legal perspective for public administrators. Public
        Personnel Management. (24)4. 493-513.

United States General Accounting Office. 2000. Equal Employment Opportunity: discrimination
       complaint caseloads and underlying causes require EEOC’s sustained attention. GAO:
       Washington, DC. GAO/T-GGD-00-104.

United States General Accounting Office. 2001. The Federal Workforce: observations on
       protections from discrimination and reprisal for whistleblowing. GAO: Washington, DC.
       GAO-01-715T

Ware, L., and Stephanie McClellan. May 2005. The Racialized Workplace: Diminished
       Opportunities in an Unwelcoming Environment. PA Times (28)5. 4-5.

								
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