Law and Executive Orders Pertaining to Illegal Discrimination and Harassment

 

Employees

Age

The Age Discrimination in Employment Act (ADEA) of 1967 forbids discrimination/harassment against people who are age 40 or older.

Disability

Section 503 of the Rehabilitation Act of 1973 as amended, along with The Americans with Disabilities Act (ADA) of 1990 as amended by the Americans with Disabilities Act Amendments Act of 2008, prohibits discrimination and/or harassment based on disability, and requires UVU (as a federal contractor) to take affirmative action to employ and promote qualified persons with disabilities and make reasonable accommodations when appropriate.  

Equal Pay/Compensation

The Equal Pay Act of 1963, as amended, requires equal pay for men and women doing substantially equal work, requiring substantially equal skill, effort, and responsibility under similar working conditions.

Genetic Information

Title II of the Genetic Information Nondiscrimination Act of 2008 prohibits discrimination in employment (both employees and applicants) based on genetic information.

National Origin

Title VII of the Civil Rights Act of 1964 prohibits discrimination and/or harassment in employment (both employees and applicants) because of an individual's national origin.

Pregnancy

Title VII of the Civil Rights Act of 1964, as amended prohibits discrimination and/or harassment in all aspects of employment due to pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Modifications made for other temporary medical conditions should be made for pregnant employees. 

Race/Color

Title VII of the Civil Rights Act of 1964 prohibits discrimination and/or harassment in employment based on a persons race and/or color.

Religion

Title VII of the Civil rights Act of 1964 prohibits discrimination and/or harassment in all aspects of employment based on religion. 

Retaliation (Employees & Students)

The University (or any of its employees and/or students) is prohibited from retaliating against an individual who has brought forth issues, submitted a complaint, or filed a charge of discrimination. Retaliation is also prohibited against anyone who has testified, assisted with or participated in any proceeding, investigation, or hearing, or who has in regard to the violations or alleged violations of laws or orders outlined in this section.

Sex

Title VII of the Civil Rights Act of 1964 prohibits discrimination and/or harassment based on a person's sex. Title IX of the Educational Amendments of 1972 prohibits discrimination and/or harassment based on sex in education programs and activities that receive federal financial assistance. 

Sexual Harassment

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the work place. Title IX of the Educational Amendments of 1972 prohibits sexual harassment in education programs and activities.

Sexual Orientation and Gender Identity/Expression (Students & Employees)

UVU Policy 165 Discrimination, Harassment, and Affirmative Action prohibits discrimination and/or harassment on the basis of sexual orientation for employees in all aspects of employment and for students in academic programs and activities.

Veterans

Section 402 of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974, as amended, prohibits discrimination against disabled veterans, recently separated veterans, other protected veterans, or Armed Forces service medal veterans. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects civilian job rights and benefits for veterans and reservists called to active duty. 

Affirmative Action

Executive Order 11246 as amended, requires UVU, as a federal contractor, to take affirmative steps to recruit, hire, and advance women and minorities when they are underrepresented in the University workforce and are qualified and available in the labor force. It requires that we develop a written Affirmative Action Program (AAP) annually. Additionally, UVU also must publish an AAP outlining affirmative action employment steps relating to persons with disabilities and certain qualified veterans.  

Utah Anti-Discrimination Act

Utah Code - Title 34A - Chapter 05  states that it is illegal to discriminate in all aspects of employment based on race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older, religion, national origin, or disability.

Governor's Executive Order 2006-0012

Prohibiting Unlawful Harassment, issued December 13, 2006, recognizes that unlawful harassment undermines the integrity of the workplace, destroys morale, and offends social and legal standards of acceptable behavior." The order mandates harassment awareness training, prohibits retaliation, and requires developing and disseminating complaint procedures to all employees, with emphasis on managers understanding their responsibilities in "identifying unlawful harassment and appropriately dealing with complaints and solving related problems." 

Students

Age

The Age Discrimination Act of 1974 prohibits discrimination based on age in [academic] programs or activities that receive federal financial assistance.

Disability

Section 504 of the Rehabilitation Act of 1973, as amended, along with the Americans with Disabilities Act (ADA) of 1990, as amended by the Americans with Disabilities Act Amendments Act of 2008, prohibits discrimination and/or harassment based on disability and requires reasonable accommodations where appropriate. 

National Origin

Title VI of the Civil Rights Act of 1964 prohibits discrimination and/or harassment based on race, color, or national origin in programs or activities receiving federal financial assistance. 

Pregnancy

Title IX of the Educational Amendments of 1972, as amended, and the implementing instructions at 34 C.F.R. Part 106.40(a) prohibits discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery thereof. Modifications made for other temporary medical conditions should be made for pregnant students.  

Race/Color

Title VI of the Civil Rights Act of 1964 prohibits discrimination and/or harassment in academic programs based on race/color. 

Religion

UVU Policy Affirmative Action/Equal Opportunity prohibits discrimination/harassment based on religion for students in academic programs and activities. 

Retaliation (Employees & Students)

The University (or any of its employees and/or students) is prohibited from retaliating against an individual who has brought forth issues, submitted a complaint, or filed a charge of discrimination. Retaliation is also prohibited against anyone who has testified, assisted with or participated in any proceeding, investigation, or hearing, or who has in regard to the violations or alleged violations of laws or orders outlined in this section. 

Sex

Title IX of the Educational Amendments of 1972 prohibits discrimination and/or harassment based on sex in education programs and activities that receive federal financial assistance.  

Sexual Harassment

Title IX of the Educational Amendments of 1972 prohibits sexual harassment in education programs and activities.

Sexual Orientation and Gender Identity/Expression

UVU Policy 165 Discrimination, Harassment, and Affirmative Action prohibits discrimination and/or harassment on the basis of sexual orientation for employees in all aspects of employment and for students in academic programs and activities.