Policy #1302
Equal Opportunity
Date of Current Revision: June 2009
Responsible Officer: Equal Employment Opportunity Officer
1. PURPOSE
This policy represents a commitment by James Madison University to support the practice, spirit and good-faith effort of equal opportunity beyond mere compliance with government regulations.
2. AUTHORITY
The Board of Visitors is authorized to establish policy concerning employee and student matters. Where the Board has not exercised this authority, it has delegated its authority to the President.
3. DEFINITIONS
Accommodation:
A waiver of a requirement, a provision of an aide, or other method for providing assistance to an individual necessary to allow that person regardless of disability or religion, to have equal access to the workplace, facilities and services provided by the university.
Discrimination:
Discrimination is the unequal treatment of parties who are similarly situated. Discrimination occurs in the employment context when an employer treats one or more employees less favorably than others because of their race, color, religion, national origin, sex, actual or perceived sexual orientation, age, disability, veteran status, political affiliation, or in retaliation for a complaint made against the employer.
Discriminatory practices:
Include harassment; retaliation against an individual for filing a charge of discrimination or participating in an investigation or opposing discriminatory practices, decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain protected class, and denying opportunities to a person because of marriage to, or association with, an individual of a particular protected class.
Employment matters:
Include hiring, termination, compensation, assignment, classification, transfer, promotion, layoff, recall, advertisement, recruitment, testing, use of facilities, training, fringe benefits, pay, retirement plans, leave, or other terms and conditions of employment.
4. APPLICATION
This policy applies to all employees, students and visitors to the university.
5. POLICY
James Madison University does not discriminate on the basis of race, color, national origin, religion, gender, age, veteran status, political affiliation, sexual orientation or disability.
6. PROCEDURES
Any employee, student or visitor who feels that he or she has been the victim of discrimination should consult Policy 1324 concerning procedures for grieving such discrimination. Inquiries or requests for reasonable accommodations for disabilities or religious reasons may be directed to the activity coordinator, the appropriate university office, or the Office of Equal Opportunity.
7. RESPONSIBILITIES
University administrators, management, faculty, staff and supervisors are responsible for supporting and following this policy in their respective areas.
8. SANCTIONS
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or expulsion.
9. EXCLUSIONS
This policy does not apply to legitimate decisions based on bona fide occupational qualifications in hiring, or on an applicant's ability to perform the essential functions of a job or the essential components of an educational program.
10. INTERPRETATION
The authority to interpret this policy rests with the President, and is generally delegated to the Director of Equal Opportunity.
Previous Version: December, 2007
Approved by the President: December, 2007
Index Terms:
Accommodation
Age
Color
Disability
Discrimination
Gender
Harassment
National Origin
Political affiliation
Race
Religion
Sex
Sexual harassment
Veteran status