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Summary of Relevant Laws, Policies & Regulations for Affirmative Action & Equal Opportunity


General Equal Opportunity

UW System

  1. UW System Board of Regents, Regents Policy Documents, Section 17: Equal Opportunity Policies: Education and Employment, 17 - 4, Equal Employment Opportunities, (Formerly 75-5), I. Policy Statement. "It is, and continues to be, the policy of the University of Wisconsin System to adopt and support measures designed to prevent and eliminate discrimination against employees and prospective employees of the University of Wisconsin System on the basis of race, color, religion, sex, gender identity or expression, national origin, age, or physical handicap.

  2. As a part of this policy, the University of Wisconsin System is committed to the implementation of affirmative action employment programs to recruit, employ, and promote qualified women and minorities. System administrators and the University faculties shall continue to take such steps as may be necessary to accelerate the final elimination of any and all vestiges of discrimination because of race, color, religion, sex, gender identity or expression, national origin, age, or physical handicap that may still exist in the employment policies, practices and/or procedures of the University of Wisconsin System." History: Res. 1051 adopted 8/15/75, amended by Res. 8963, 2/05. (With 1982 amendments from 82-4.) Please refer to:http://www.uwsa.edu/bor/policies/rpd/rpd17-4.htm


AGE

Federal

  1. Age Discrimination in Employment Act (ADEA). Prohibits discrimination in employment for employees 40 or over. Covers employers engaged in interstate commerce with 20 or more employees.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


CONSENSUAL RELATIONSHIPS

UW-Eau Claire

  1. Relationships Involving Students within the Instructional Context are Prohibited:
    Within the instructional context, no employee shall engage in a romantic and/or sexual relationship with a student. The instructional context is to be construed broadly and includes academic instruction, advising, direct or indirect evaluation of a student’s work, and research collaboration or assistantships.

  2. Relationships between Supervisory and Subordinate Employees:
    If a romantic and/or sexual relationship develops between a supervisor and one of his or her subordinate employees, the supervisory employee must report the relationship to his or her supervisor so that alternative arrangements may be made for evaluation of the subordinate employee’s work and any hiring, firing, pay, or other personnel decisions.

  3. Complaints:
    Complaints alleging violation of this Policy are handled through UW-Eau Claire’s Affirmative Action Office.

  4. Consequences:
    Violations of this policy may result in disciplinary action up to and including dismissal.

  5. Exceptions:
    Due to the sensitive nature of the issues addressed by this policy, it is possible that exceptions may be necessary. Any exceptions to this policy must be approved by those in the supervisory line of the employee(s) involved in the relationship and the Affirmative Action Officer.


DISABILITY

Federal

  1. Americans with Disabilities Act of 1990. Prohibits employers from discriminating against qualified applicants and employees on the basis of disability in any aspect of employment. The act requires employers to provide reasonable accommodations to enable employees with disabilities to perform the essential functions of their jobs, unless doing so would impose an undue burden on the operation of the business.

  2. Federal Rehabilitation Act of 1973 - Section 503. Requires affirmative action in employment of handicapped persons. Covers employers with government contracts in excess of $2500.00. Section 503 requires employers with 50 or more employees and with contracts of $50,000 or more to prepare a written Affirmative Action Plan.

  3. Federal Rehabilitation Act of 1973 - Section 504. Prohibits discrimination against qualified handicapped individuals. Also prohibits denial of benefits and exclusion from participation in programs.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


EMPLOYMENT DISCRIMINATION

Federal

  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classifyemployees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.

  2. Executive Order 11246 requires federal contractors with contracts in excess of $10,000 to include antidiscrimination clauses in their contracts. If contractor has 50 or more employees and contract exceeds $50,000 a written affirmative action plan is required.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.


Gender Identity and Expression

UW System

Faculty/Staff

  1. No employee may be discriminated against on  the basis of race, color, creed, religion, age, sex, sexual orientation, gender  identity or expression, national origin, ancestry, disability, pregnancy,  marital or parental status, genetic information, arrest record, conviction  record, military service, veteran status, use or nonuse of lawful products off  the employer’s premises during nonworking hours, declining to attend a meeting  or participate in any communication about religious matters or political  matters, or any other category protected by law. This provision includes  employment-related actions, such as recruitment, interviewing, testing,  screening, selection, placement, classification, evaluation, transfer,  promotion, training, compensation, fringe benefits, layoffs, and /or dismissal.

Students

  1. No student may be denied admission to, or  participation in or the benefits of, or be discriminated against in any  service, program, course or facility of the system or its institutions on the  basis of race, color, creed, religion, age, sex, sexual orientation, gender  identity or expression, national origin, ancestry, disability, pregnancy,  marital or parental status, or any other category protected by law, including  physical condition or developmental disability as defined in Wisconsin Statutes  §51.01(5).

IMMIGRATION

Federal

  1. Immigration Reform and Control Act of 1986. Prohibits hiring individuals who cannot provide verification of identity or authorization to work in the United States. Covers all employers in the United States.


PREGNANCY

Federal

  1. Pregnancy Discrimination Act of 1978. Prohibits treating a female applicant or employee differently from male applicant or employee on the basis of the female's pregnancy or capacity to become pregnant. Amends Title VII of the Civil Rights Act of 1964.

State

  1. Chapter 111.36, Wisconsin Statutes, (Fair Employment Act). Prohibits discrimination against any woman on the basis of pregnancy childbirth, maternity leave or related medical conditions.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


RACE

Federal

  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.

  3. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.' Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


RELIGION/CREED

Federal

  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.

State

  1. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the befits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


SEX DISCRIMINATION (INCLUDING SEXUAL HARASSMENT)

Federal

  1. Civil Rights Act of 1964 - Title VII. Prohibits employment discrimination on the basis of race, color, national origin, religion, sex, and pregnancy, including childbirth or related condition. Covers all employers engaged in interstate commerce with 15 or more employees.

  2. U.S. Equal Employment Opportunity Commission (EEOC), Definitions of, and Guidelines on Sexual Harassment. November 10, 1980. Prohibits sexual harassment in the workplace for employees with 15 or more employees.

  3. Equal Pay Act of 1963. Prohibits pay differentials on the basis of sex in substantially equal work requiring equal skill, effort, and responsibility under similar working conditions.

  4. Title IX of the Education Amendments of 1972, as amended. This statue prohibits discrimination on the basis of sex, including sexual harassment, in educational programs and activities that receive assistance from the Federal government.

State

  1. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.

  2. Chapter 111.36,(1) (a), (b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation.

  3. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

UW-Eau Claire

  1. DEFINITION
    1. Sexual harassment of employees is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
      1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or
      2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual is used as the basis for employment decisions affecting such individual, or
      3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
    2. Sexual harassment of students is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
      1. Submission to such conduct is made either explicitly or implicitly a term or condition of a student's grades, recommendations, or other factors related to the student's academic career, or
      2. Such conduct has the purpose or effect of unreasonably interfering with a student's work performance or creating an intimidating, hostile, or offensive classroom environment.
  2. COMPLAINT PROCEDURES
    1. Allegations of sexual harassment should be brought to the Affirmative Action office.  Procedures followed by the Affirmative Action office in its investigation and review are available in the Affirmative Action office or on its campus website.

SEXUAL ORIENTATION

State

  1. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.

  2. Chapter 111.31(1), (2), and (3), Wisconsin Statutes, prohibits discrimination in employment on the basis of sexual orientation. Chapter 111.36(1) (a),(b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation. Chapter 112, Laws of 1981, published on March 2, 1982, amended the Wisconsin Statutes by prohibiting discrimination on the basis of sexual orientation.


VETERANS

Federal

  1. Vietnam Era Veteran's Readjustment Assistance Act. Requires affirmative action regarding Vietnam Era veterans and disabled veterans. Covers all employers with federal contracts of $10,000.00 or greater. Employers with 50 or more employers and contracts of $50,000.00 or more must develop a written Affirmative Action Plan.

  2. Federal Military Selective Service Act. Provides employees returning from U.S. military service the same wages, benefits, and rights as the employee would have received had he/she not left to serve. Normally, employee must reapply within 90 days after release from service. Employment discrimination against Reservists is barred.

State

  1. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.

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