Discrimination & Harassment

The following definitions are from the University of California – Anti-Discrimination Policy.

Discrimination is defined as an Unfavorable Action taken because of an individual’s actual or perceived Protected Category.

Here are additional definitions as it relates to discrimination:

• Unfavorable Action
• Unfavorable Action is defined as adverse or unequal treatment under University authority that unreasonably denies, unreasonably limits, or materially interferes with an individual’s ability to participate in programs, activities, or employment of the University, and/or receive services, benefits, or aid of the University, unless required or authorized by law.
  
  An Unfavorable Action is taken because of an individual’s Protected Category. An Unfavorable Action will not exist where the action or or inaction would have been taken regardless of the individual’s Protected Category.
  
  Applying for or accepting research awards that contain eligibility restrictions that are permitted by state and federal law and that are required as a condition for funding does not constitute Prohibited Conduct under this Policy.
• Failure to Accommodate
• Failure to Accommodate is defined as failure of the University to provide reasonable accommodations to individuals when required by law.
  
  For specific information about the provision of accommodations and the interactive process, please refer to other applicable policies, including but not limited to, the Guidelines Applying to Nondiscrimination on the Basis of Disability (PACAOS 140), Personnel Policies for Staff Members 81 (Reasonable Accommodation), and Academic Personnel Manual – 711 (Reasonable Accommodation for Academic Appointees with Disabilities).

Harassment is defined as unwelcome conduct based on an individual’s actual or perceived Protected Category (See Section II.B.5) that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or adversely limits an individual’s participation in or benefit from the education, employment, or other programs or activities of the University, and creates an environment that a reasonable person would find to be intimidating or offensive.

• In evaluating whether conduct is harassment, the Local Implementation Officer will consider the totality of the circumstances, including but not limited to:
• • The frequency, nature, and severity of the conduct;
  • Whether the conduct was physically threatening;
  • Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
  • The effect of the conduct;
  • Whether the conduct would be objectively viewed as intimidating or offensive by a reasonable person; and
  • Whether the conduct may be protected by academic freedom or freedom of speech. When the investigation implicates academic freedom, the Local Implementation Officer will, based on locally developed procedures, consult with the appropriate academic officer for relevant academic expertise.

For additional information on Discrimination, consider exploring our reporting your options and support resources webpages.

What Are Legally Protected Characteristics or Categories?

An identity protected by federal or state law, including the following:

• Race
• Religion
• Color
• Citizenship
• National or ethnic origin
• Ancestry 
• Sex (including pregnancy, childbirth, lactation or related medical conditions)
• Gender
• Gender identity
• Gender expression
• Gender transition
• Sexual orientation
• Physical or mental disability (including having a history of a disability or being regarded as being disabled)
• Medical condition (cancer-related or genetic characteristics)
• Predisposing genetic information (including family medical history)
• Marital status
• Age (at least 40 years of age),
• Veteran or military status. 

What Does Discrimination Look Like?

The following examples of discrimination would likely violate policy on discrimination:

• Giving students unequal access to University programs based on their race (or other protected category).
• Excluding a student from joining a University organization based on the student’s sexual orientation or national origin (or other protected category).
• Denying an employment application because of that person’s age or religion (or other protected category).
• Subjecting employees to inferior terms and conditions of employment because of a perceived caste placement.
• Charging women more money than men to join the recreation center.
• Failing to make reasonable accommodations for a student or employee with a disability.

Hate and Bias Incidents

Some bias incidents may violate University Nondiscrimination policies, the Student Conduct Code or other University policies.

Other acts of bias may not violate law or policy or may, in fact, be protected expressions of speech. Protecting freedom of expression, including controversial speech, and sometimes even offensive or hurtful words, is vital to our commitment to teaching and learning. 

Nevertheless, we encourage reporting bias incidents so the University can determine if policies have been violated and connected individuals who have been impacted.