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MAINTAINING AN ENVIRONMENT FREE OF DISCRIMINATION AND HARASSMENT OFFICE FOR ACCESS AND EQUITY Copyright 2013 University of Illinois at Chicago Office for Access and Equity 1

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Introduction 2 This presentation was developed to provide you with an overview of how the Office for Access and Equity assists UICs campus community with: Avoiding and handling complaints of unlawful discrimination and harassment; and De-escalating and resolving disputes in the workplace.

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OAEs Services 3 The Office for Access and Equity (OAE), as part of the Office of the Chancellor, is charged with: Compliance: Ensures Compliance with Equal Employment Opportunity Laws Affirmative Action/Academic Hiring: Oversees Development of the campus Affirmative Action Plans Dispute Resolution: Provides Effective Avenues for Resolving Workplace Conflict and Disharmony Training: Offers Interactive Educational Courses

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Compliance 4 Represents the campus to federal and state agencies on issues related to affirmative action, equal opportunity, harassment, and discrimination. Handles complaints of unlawful discrimination in admission, employment, and access to and treatment in UIC- sponsored programs and activities; also investigates claims of unlawful harassment and retaliation. Oversees the disability accommodation process. Advises administrators, faculty and staff on problems of and solutions to issues of discrimination and harassment.

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Introduction to EEO Compliance 5 There are numerous federal and state laws that prohibit the University from unlawfully discriminating against employees, applicants, students, or third parties based upon a protected status or class.

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Laws Prohibiting Discrimination 6 Title VII of the Civil Rights Act of 1964 Illinois Human Rights Act Equal Pay Act and Illinois Equal Pay Act Age Discrimination in Employment Act Americans with Disabilities Act Uniformed Services Employment and Reemployment Rights Act Executive Order 11246 Title II of the Genetic Information Nondiscrimination Act (2008)

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Protected Status or Classes 7 RaceColor ReligionSex National Origin Ancestry Citizenship Status Age (40 and over) Marital Status Arrest Record Disability Military Status Sexual Orientation Unfavorable Military Discharge Genetic Information

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Avoiding Discrimination Claims 8 Communicate expectations and do so consistently. Consistency is crucial because it establishes trust and affirms fairness. Performance Evaluations Accurate, factual feedback Given same opportunity to improve

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Sexual Harassment 9 Form of Sex Discrimination Sexual harassment occurs when an employment (or academic) action was based upon a refusal to submit to sexual demands or when a hostile work environment is created.

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Sexual Harassment 10 The term hostile work environment refers to situations where requests for sexual favors or other behavior with sexual overtones are severe or pervasive enough to unreasonably impact an employees work performance or a students academic performance.

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Requests for Sexual Favors 11 Quid pro quo. Misuse of authority. Making sexual demands for job and/or academic benefits. Job benefits include: career advancement promotions reassignments with significantly different job duties

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Unwelcome 12 Sexual harassment is not whether actual participation in sexual acts is voluntary but rather, whether the sexual advances were unwelcome. May be unwelcome participation even though consent given Intent of person in authority of little relevance; impact on person in subordinate role is what is critical in this analysis

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Consensual Relationships 13 While UIC does not prohibit consensual relationships, its sexual harassment policy and procedures state: Faculty and staff, including teaching assistants, should be aware of the possible consequences of entering into romantic relationships with individuals over whom they have academic, professional, or supervisory responsibility even if by mutual consent.

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Hostile Environment 14 An unlawful hostile environment refers to a work (or academic) environment permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the persons employment and creates an abusive working environment.

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Hostile Environment 15 Many misconceptions about what constitutes a hostile environment. To rise to the level of a hostile work environment, the conduct must be because of a persons sex, sufficiently severe or pervasive, and found hostile by a reasonable person.

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Hostile Environment 16 Must be severe or pervasive enough to unreasonably impact work (or academic) performance. The frequency of the unwelcome conduct; The severity of the conduct; and Whether the conduct was physically threatening or humiliating versus a mere offensive utterance.

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Examples of unwelcome and offensive behaviors 17 Unwelcome fondling Shoulder massages Pinching, grabbing, lewd hand gestures, leering Suggestive comments Displays of sexually suggestive pictures Lewd letters, notes, e-mails or texts

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Third Party Harassment 18 UICs commitment to maintaining a sexual harassment free environment extends to interactions with third parties such as patients, vendors, contractors, service-providers, customers, and students.

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When Claims of Discrimination or Harassment Arise 19 Supervisors are obligated to: take every complaint of discrimination and harassment seriously; report it to the Office for Access and Equity (OAE); and take proactive steps to prevent further discrimination, harassment or any retaliation.

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ANCRA 20 Under the updated legislation for The Abused and Neglected Child Reporting Act (ANCRA) all university personnel are required to report cases of suspected child abuse or neglect to the Department of Child and Family Services.

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Retaliation 21 UIC policy and law also prohibits retaliatory action against anyone making a claim of unlawful discrimination/harassment or participating in an investigation of such a claim.

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Americans with Disabilities Act 22 In addition to prohibiting discrimination against persons with disabilities, the ADA is designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same employment opportunities. A qualified employee (or applicant) with a disability is an individual who -- with or without reasonable accommodation -- can perform the essential functions of the job in question.

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Reasonable Accommodations 23 The ADA requires the University to consider whether a reasonable accommodation could remove the barrier that prevents an employee from performing his/her job. It is an employees responsibility to request an accommodation. OAE oversees the accommodation process and consults with both the department/unit and the employee in order to assist both in determining and implementing a reasonable accommodation.

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Reasonable Accommodations 24 Accommodations vary depending upon the needs of the individual applicant or employee. Examples include: Special equipment Work schedule modifications Work environment modifications

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Affirmative Action and Academic Hiring 25 OAE assists in the recruitment and retention of women, persons of color, persons with disabilities, veterans, and members of other under-represented groups. OAE collaborates in the development of the campuss Affirmative Action plan(s).

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Affirmative Action and Academic Hiring 26 As a federal contractor and a public entity, the University is required to take affirmative steps to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans.

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Affirmative Action Plan 27 Identify and analyze potential problems in the participation and utilization of women and minorities in the workforce. Make good faith efforts to provide equal employment opportunity. Expand efforts in outreach, recruitment, training.

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Affirmative Action Plan 28 Data Compare utilization of women and minorities in a particular job group to what would reasonably be expected by the availability of qualified women and minorities. The actual selection decision is to be made on a non- discriminatory basis.

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Affirmative Action and Academic Hiring 29 EEO clause in all job ads Posting job ads in places likely to attract qualified minorities, women, persons with disabilities, and veterans Search Committees Help to expand standard recruitment practices Outline the recruitment plan Help devise and apply criteria for selection of the most qualified applicant Training Unconscious bias Decisions made on a nondiscriminatory basis

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Dispute Resolution Services 30 Provides a variety of Dispute Resolution Services to faculty, staff and students: Facilitation Conciliation Mediation Training

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Dispute Resolution Services 31 Common Differences: Workplace environment Lack of communication Interpersonal communication Clarification of roles and responsibilities

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Mediation 32 Approximately 30 trained mediators from the UIC campus Faculty and Staff Voluntary A minimum of 40 hours of mediation training DRS meetings are held regularly

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DRS Benefits 33 Prevent formal grievances, external charges, and costly litigation Encourage resolution at the earliest stage possible Reduce the amount of time to process complaints Reduce the number of investigations Assist the parties in learning how to communicate with each other Promote a win-win solution Strengthen work relationships and environments Parties have control over the resolution identified Confidential Not part of the personnel file

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DRS Trainings 34 Conflict Resolution Team Building Myers-Briggs Type Indicator Thomas Kilmann Conflict Style Assessment Unit Assessment How to Create a More Engaging Environment

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THANK YOU 35 For questions and/or additional information, please contact: Caryn Bills, Associate Chancellor & Director Tanya L. Jachimiak, Executive Associate Director Office for Access and Equity (OAE) 809 South Marshfield Avenue Room 717 (M/C 602) Chicago, Illinois 60612-7207 312-996-8670