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Policies and Laws

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Policies & Laws 


The university is committed to providing a work and learning environment that is free from discrimination or harassment.  JMU policies clearly outline this commitment and the procedures for filing a complaint. The Office of Equal Opportunity coordinates and monitors campus compliance with applicable university policies and requirements of federal and state non-discrimination laws briefly described below.  Click here for a quick reference table of law(s) by protected classification.

 

UNIVERSITY POLICIES 

Equal Opportunity JMU Policy 1302
Policy 1302 establishes that JMU does not discriminate and will not tolerate discrimination on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status. Conduct by a member of the university community that constitutes discrimination or harassment on the basis of any protected class is a violation of university policy and is sanctionable.

Discrimination & Harassment (other than Sexual Harassment and Sexual Misconduct) JMU Policy 1324
Any member of the university community or visitor who is subjected to discrimination by an employee, affiliate or visitor on the basis of any protected classification may bring a complaint under this policy to address the situation. Any member of the university community or visitor who is subjected to harassment by an employee, affiliate or visitor on the basis of any protected classification other than sex, sexual orientation, gender or gender identity may bring a complaint under this policy to address the situation.  Complaints concerning harassment or misconduct on the basis of sex, sexual orientation, gender or gender identity may be brought under Policy 1340.

Policy 1324 provides procedures for university community members to file internal complaints alleging discrimination or harassment that interferes with the complainant’s workplace or learning environment.  Please click here to learn about options for filing a complaint and procedures.

Procedures for complaints filed against students (except in the student’s capacity as a university employee) can be found in the JMU Student Handbook, Policy J16-100.

Sexual Harassment and Sexual Misconduct JMU Policy 1340
Harassment on the basis of sex, sexual orientation, gender or gender identity is defined as sexual harassment.  Sexual harassment also includes sexual assault, sexual misconduct, and sexual violence.  The policy and procedures for complaints of sexual harassment can be found in Policy 1340 and are managed by the Title IX Office.

Student Handbook Policy J16-100 Harassment, Bullying and/or Stalking
Complaints against students are managed by Office of Student Accountability and Restorative Practices.  Student Handbook Policy J16-100 Harassment, Bullying and/or Stalking outlines the policy and procedures for filing a complaint of harassment against a student. Harassment based on a person’s gender, gender identity, sex, or sexual orientation is addressed in Student Policy J34-100 Sexual Misconduct.


Disabilities & Reasonable Accommodations JMU Policy 1331
The university will provide reasonable accommodation to qualified individuals with documented disabilities to ensure equal access and equal opportunities with regard to university employment, university educational opportunities, and the university's programs and services.
For information on services available at JMU, visit the Office of Disability Services or the Office of Equal Opportunity.

Information Technology Accessibility JMU Policy 1211

This policy promotes equal access opportunity to information technology by the application of accessibility standards, guidelines, training, tools and methods consistent with higher education.  For more information please go to Accessible Media and Techology.

 

FEDERAL LAWS

Title VII of the Civil RIghts Act of 1964:  This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

Executive Order 11246:  The Executive Order prohibits universities which receive federal funding from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. The Executive Order also requires universities to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs administers EO 11246.

The Pregnancy Discrimination Act:  This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title VI:  Prohibits discrimination based on race, color, or national origin for educational institutions receiving federal funding.


Title IX: Prohibits discrimination on the basis of sex in educational programs which receive federal funding.


The Equal Pay Act of 1963 (EPA):  This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.


The Age Discrimination in Employment Act of 1967 (ADEA):  This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.


Title I of the Americans with Disabilities Act of 1990 (ADA):  This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Section 504, Rehabilitation Act of 1973: Protection based on disability for educational institutions receiving federal funding.

Sections 102 and 103 of the Civil Rights Act of 1991:  Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.

Sections 501 and 505 of the Rehabilitation Act of 1973: This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

The Genetic Information Nondiscrimination Act of 2008 (GINA):  This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA): This law prohibits universities which receive federal funding from discriminating in employment against protected veterans, and requires them to take affirmative action to recruit, hire, promote, and retain these veterans.  The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs administers VEVRAA.

Uniformed Services Employment and Reemployment Rights Act (USERRA): This law protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation. The U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) administers USERRA.

STATE LAWS & EXECUTIVE ORDERS

Executive Order Number 1 (2014) broadens the VaHRA protected classes definition to include sexual orientation, gender identity, and political affiliation to assure equal opportunity in all facets of state government.

Virginia Human Rights Act (VaHRA) declares that it is the policy of the Commonwealth to protect all individuals in the Commonwealth from unlawful discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability, in places of public accommodations, including educational institutions and in employment.