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URP: V.17.a Non-Discrimination, Equal Opportunity, and Diversity

PURPOSE

 

Texas Woman’s University strives to create and actively promote a welcoming and supportive environment in order to recruit, hire, retain and support a culturally diverse faculty and staff.  TWU provides a working environment of nondiscrimination and affirmative action for everyone.

 

POLICY

 

Non-Discrimination and Equal Opportunity and Diversity Policy

The University is committed by law to develop and support an environment of affirmative action and diversity in all areas of employment.  It is the policy of the University not to discriminate in any aspect of employment, including, but not limited to:

• hiring and firing
• compensation
• assignment or classification of employees transfer
• promotion
• job advertisements, recruitment, testing
• use of University facilities
• training and apprenticeship programs
• fringe benefits pay
• retirement plans and disability leave
• other terms and conditions of employment including pregnancy

 

As a part of the Texas Woman’s University’s program for equal opportunity, the policy statement on nondiscrimination is as follows:

 

In compliance with the Equal Pay Act of 1963, as amended; Title VI and VII of the Civil Rights Act of 1964, as amended, the Equal Employment Opportunity Act of 1972; the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the Americans with Disabilities Act of 1990, as amended, Title IX of the Education Amendments Act of 1972, as amended; Sections 503 and 504 of the Rehabilitation Act of 1973;the Employee Retirement Income Security Act of 1974, as amended; the Vietnam Era Veteran’s Readjustment Assistance Act of 1974; the Civil Rights Act of 1991 as amended; the Worker Adjustment and Retraining Notification Act of 1988; 42 U.S.C. §1981; the Pregnancy Discrimination Act of 1978; the State of Texas Anti-Discrimination Laws, and federal, state and local human rights, fair employment and other laws; the University does not discriminate against any person on the basis of race, age, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, national or ethnic origin, veteran’s status, or against qualified persons with disabilities.

Diversity Policy

In accordance with Chapter 21 of the Texas Labor Code on Employment Discrimination, TWU has developed a workforce diversity program. Every member of the Texas Woman’s University community must comply with federal and state equal opportunity laws and regulations. Such compliance is not only a given standard, but is, in fact, a baseline from which the TWU community works to assure fairness and equity to all who pursue their educational and professional goals at this University.

RESPONSIBILITY

 

It is the responsibility of the University’s Chancellor and President to insure that TWU and all its constituencies comply with the provisions of this policy and with all Federal and State laws, executive orders, and regulations regarding equal opportunity and affirmative action.  The support, review, and supervision of equal employment efforts are the responsibility of each divisional Vice President.

 

All areas of the University will follow policies of recruitment, employment, layoff, and/or dismissal for all categories of employment without regard to race, color, disability, sex, sexual orientation, age, national origin, religion, disabled veteran status, Vietnam Era Veteran status, or any other minority group characteristic.  The sex, disability, or age of an employee may be considered when sex, disability, or age is demonstrably a bona fide occupational qualification (BFOQ).

 

Pursuant to Texas Labor Code, Section 21.010, new employees shall receive training and this policy within 30 days of hire.  All employees shall participate in a refresher training course every two years.  Such training shall be documented in each employee’s personnel file via either a copied electronic or hard copy version of the employee statement of training.

EMPLOYMENT DISCRIMINATION

Complaints or Grievances

Texas Woman’s University is committed to being an equal opportunity employer and educator. To carry out this commitment, the University has established a procedure for individuals who feel they have experienced discrimination, including harassment based on any aspect of diversity protected by law. These procedures can be found on the Non-discrimination Policy Statement website and Policy 3.37 Grievance Procedures for Employees Related to Title IX of the Education Amendments Act of 1972.  

Faculty, staff and other persons interested in obtaining information or pursuing a complaint should contact the Equal Employment Opportunity (EEO) Officer, or his/her appointed designee. 

The EEO Officer or his/her appointed designee will investigate and make recommendations for the resolution of any complaints.  That person will also monitor the circumstances surrounding complaints to ensure that the situation has been remedied.  The following table will be used to determine the investigative responsibilities for the university. 

 

 

Complainant (Note1)

Student

Staff (including GAs)

Faculty

Third Party

Respondent

 

 

 

 

   Student

  SL

        HR/SL

 AA/SL

  SL/HR

   Staff

  SL/HR

        HR

 AA/HR

  HR

   Faculty

  SL/AA

        HR/AA

 AA

  AA/HR

   Third Party

  SL

        HR

 AA/HR

 

 

 

 

 

 

Organization:

 

 

 

 

   Student Life -SL

 

 

 

 

   Human Resources-HR

 

 

 

 

   Academic Affairs - AA

 

 

 

 

 

Note 1:  All complaints of criminal acts should be referred to the TWU Department of Public Services for investigation.

Affirmative Action

In addition to a commitment to equal opportunity, Texas Woman’s University also has a commitment to affirmative action. Consistent with federal regulations, the university annually develops an Affirmative Action Plan. The University will take affirmative action, as allowed by law, to recruit, employ and promote qualified members of specific categories in accordance with state and federal law and TWU policy. These actions include, but are not limited to, establishing guidelines for search committees to encourage qualified applicants from all races, sexes, national origins, religions, ethnic groups, ages, veteran's service status and physical abilities; and recruiting in under-recruited areas.

Non-retaliatory Actions

Retaliation against an individual who, in good faith, files a claim of discrimination, instituting or causing to be instituted any proceeding under or related to state or federal anti-discrimination laws, testifying in a discrimination investigation or proceeding, or for otherwise opposing discriminatory actions or practice will not be tolerated.

Such retaliatory action shall be regarded as a separate and distinct cause for complaint and if substantiated, will result in disciplinary action up to and including employment dismissal.

Legal Implications

Discrimination is illegal under federal and state law. Official governmental investigations by the Equal Employment Opportunity Commission, the Civil Rights Division of the Texas Workforce Commission Texas Commission on Human Rights, and/or the Office of for Civil Rights of the U.S. Department of Education may result in civil liability against the University and any person found to have engaged in illegal discrimination.

Actions for violations of this policy (including sexual harassment) may include any disciplinary action, up to and including termination of employment for faculty, staff, and student employees or the dismissal of students. Behavior that violates this policy may not be a violation of state or federal law, but such activities may be viewed as constituting moral turpitude or gross neglect of academic responsibilities. 

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

REVIEW

The Vice President for Finance and Administration will review this Policy with recommendations forwarded through normal administrative channels to the Chancellor and President.

 

Details

Article ID: 40223
Created
Thu 10/5/17 1:35 PM
Modified
Fri 6/22/18 11:46 AM