Non-Discrimination

Discrimination is unequal treatment based on a legally protected status that is sufficiently serious to interfere with or limit an individual’s opportunity to participate in or benefit from a University program or activity, or that otherwise adversely affects a term or condition of the individual’s working, learning and living environment at the university.

Harassment is a form of discrimination that encompasses unwelcome conduct based on a person’s protected status. Harassment is severe and/or pervasive conduct that negatively affects the particular individual and also would negatively affect a reasonable person under the same circumstances. Harassment in violation of this policy depends on the totality of the circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.

Harassment may include, but is not limited to, the following, when based on a person’s protected status:

• conduct, whether verbal, physical, written, graphic, or electronic that threatens, intimidates, offends, belittles, denigrates, or shows an aversion toward an individual or group;
• epithets, slurs, or negative stereotyping, jokes, or nicknames;
• written, printed, or graphic material that contains offensive, denigrating, or demeaning comments, or pictures; and
• the display of offensive, denigrating, or demeaning objects, e-mails, text messages, or cell phone pictures

Retaliation refers to action that is taken against an individual because they reported discrimination, filed a complaint of discrimination, or participated in an investigation or proceeding concerning a discrimination complaint.

A present competence to perfom an observable behavior or a behavior that results in an observable product.

The ability of an individual with a disability to approach, enter, and use an employer’s facilities such as reception areas, employment offices, and the actual job site. Referred to in Section 503 of the Handicapped Regulations.

The selection of protected-class members at a rate lower than that of other groups. A selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5 or 80%) of the rate for the group with the highest rate will generally be regarded by the enforcement agencies as evidence of adverse impact.

Employees, former employees, or applicants who have been denied employment opportunities or benefits of discriminatory practices and/or policies of the employer. Evidence of the existence of an affected class require identification of the discriminatory practices, identification of the effects of the discrimination, and identification of those suffering from the effects of the discrimination.

Those result-oriented actions which a contractor, by virtue of its contracts, must take to ensure equal employment opportunity. It may include goals to correct underutilization, relief such as back pay, or correction of problem areas. In the area of employment law it refers to concrete steps in hiring or recruitment, transfer, and promotion, or training designed to eliminate the present effects of past discrimination.

Under the regulations for handicapped individuals, disabled veterans, and Vietnam era veterans, affirmative action clauses detail the affirmative action requirements for these protected class members. The clause is required on all contracts of $10,000 to $50,000 (USD). Employers with contracts of over $50,000 (USD) must also develop affirmative action plans.

The written plan incorporating a set of specific and results-oriented procedures to which the employer (government contractor) commits itself to apply every good-faith effort to achieve. It is intended to eliminate and remedy past discrimination against or underutilization of minorities and women.

Race discrimination involves treating someone unfavorably because they is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).

Race discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race.

Color discrimination involves treating someone unfavorably because of skin color complexion.

Color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain color.

National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).

National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin.

Religious discrimination involves treating a person unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.

Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion.

Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex.

Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.

Means, with respect to an individual, (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function.

Age discrimination involves treating an applicant or employee less favorably because of their age.

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.

Sexual orientation is the identification, perception, or status of an individual as to homosexuality, heterosexuality, or bisexuality.

Gender refers to either of the sexes, especially when considered with reference to social and cultural difference rather than biological ones. The term is also used more broadly to denote a range of identities that do not correspond to established ideas of male and female.

Gender identity is a person’s internal sense of being male, female, and some combination of male and female, or neither male nor female. It is one’s personal experience of one’s own gender. Gender identity can correlate with assigned sex at birth, or can differ from it completely.

Gender expression is the way in which a person expresses their gender. These expressions can conform with socially sanctioned ideas of what is appropriate, but sometimes they don’t.

You may not treat individuals differently based on citizenship or immigration status. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. Exceptions: permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination. Citizenship status discrimination which is otherwise required to comply with law, regulation, executive order, or government contract is permissibly by law.

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009.

Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

Discrimination based on your status as a protected veteran generally occurs when an employer treats you, as an employee or job applicant, unfavorably because you belong to one of the categories of protected veterans covered under Section 4212.

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

A homeless individual is defined in section 330(h)(5)(A) as “an individual who lacks housing (without regard to whether the individual is a member of a family), including an individual whose primary residence during the night is a supervised public or private facility (e.g., shelters) that provides temporary living accommodations, and an individual who is a resident in transitional housing.” A homeless person is an individual without permanent housing who may live on the streets; stay in a shelter, mission, single room occupancy facilities, abandoned building or vehicle; or in any other unstable or non-permanent situations. [Section 330 of the Public Health Service Art (42 U.S.C., 254b)]