Welcome to this briefing on Understanding and Recognizing Harassment and Discrimination,
offered by the Office of Equity and Inclusion. This briefing is intended to provide preliminary
information about protected classes in the non-discrimination policy at the University of
Delaware. We encourage all members of the UD community to have a solid foundational
knowledge of these identities so that harassing or discriminatory behavior can be recognized,
addressed, reported, and resolved.
We suggest following this briefing with OEI’s 2-hour live workshop on this topic, which covers
what can be done about these behaviors. In particular, managers will find this workshop useful.
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Let’s start at the beginning. This is our anti-discrimination policy. This is it, this covers the
federal and state statutes and well as any local laws or internal policies. As you can see,
multiple federal regulations are guiding our policies and procedures. It’s not important to
memorize which law applies to which section, just know that we will refer to these laws
throughout this briefing, as well as other trainings.
Our policy forbids discrimination when it comes to any aspect of employment, access to
facilities, participation in or denying the benefits of services, programs, activities, and/or
admissions decisions. Discrimination means treating someone unfavorably because he/she is of
a certain identity or has personal characteristics associated with certain identities. Harassment
includes conduct such as slurs, offensive and derogatory remarks about someone’s identity, or
the display of offensive symbols and/or pictures. Harassment occurs when the conduct is so
frequent or severe that it creates a hostile or offensive work or learning environment or when
it results in an adverse employment or educational decision, such as the victim being fired or
receiving a failing grade.
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Even though race and color clearly overlap, they are not synonymous. Thus, color
discrimination can occur between persons of different races or ethnicities, or between persons
of the same race or ethnicity. Although Title VII does not define “color,” the courts and the
Commission read “color” to have its commonly understood meaning – pigmentation,
complexion, or skin shade or tone. Thus, color discrimination occurs when a person is
discriminated against based on the lightness, darkness, or other color characteristic of the
person. Title VII prohibits race/color discrimination against all persons, including Caucasians.
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National origin is pretty clear, because it prohibits treating people unfavorably because the are
from a particular country or part of the world, because of ethnicity or accent, or because they
appear to be of a certain ethnic background, even if they are not. It is also unlawful to
discriminate against a person because of their association with a person of a certain national
origin, such as marriage.
Another area where this can get sticky is language requirements. For example, an employer can
only require an employee to speak fluent English if it is necessary to perform the job effectively
or safely. We call this a Bona Fied Occupational Qualification, also known as . Employment
decisions may not be made based on a person’s accent unless the accent seriously interferes
with the employee’s performance, and this can be very difficult to measure. It is a best practice
and in an employer’s best interest to consult with HR or Legal Counsel when it comes to BFOQs
so discrimination claims can be mitigated.
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Sex discrimination can cover a lot of ground. Clearly, sexual harassment is prohibited because
it’s a form of sex discrimination (treating someone adversely because of their sex). Differences
in pay and compensation based on a person’s sex is prohibited under this policy as well. One
topic which people might not think about is that sex discrimination covers sexual identity, sexstereotypes, and gender identity. We’ll talk more about those specifics in a minute.
While we are on the topic of discrimination based on sex, we need to take a slight detour to
cover Title IX…
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The University receives federal financial assistance and thus must comply with the
requirements of Title IX. One of the institutional requirements of Title IX is that we have a
formal non-discrimination policy – so you can see how the two are linked.
Title IX legislation has been around since the early 1970s, and many people think about it in the
context of equity in Athletics – for example, are there as many women’s sports teams as there
are men’s. Early case history with Title IX did come from the context of Athletics, so, while the
association with Athletics is correct, that’s not the whole story. Title IX's prohibition against sex
discrimination is very broad, protecting students, faculty, and staff in federally funded
education programs. The law applies to every aspect of the “program,” such as admissions,
recruitment, academics, employment, athletics, and student services.
To remain compliant with Title IX, the University of Delaware must provide education to
prevent harassment, discrimination, and gender-based violence, such as sexual assault and
intimate partner violence, and ensure that complaints are addressed seriously, promptly, and
equitably. While we do not have time to go into great detail about this now, know this
legislation is taken extremely earnestly, and it behooves all members of the UD community to
be aware of gender-based discrimination.
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Any University required to comply with Title IX must designate at least one individual to
coordinate their efforts. Our Title IX coordinator is named online, by going to the “Legal
Notices” section on the bottom of every UD webpage. This contains the most accurate and upto-date contact information. There is a duty of all “managers” to report any instances they may
witness or see. A victim can remain anonymous, but the Title IX coordinator will want to know
some details to track trends or patterns of behavior that could put the University at risk.
Different departments across campus have been similarly trained on Title IX reporting, so, for
example, Residence Life follows a particular protocol when dealing with students who disclose
assaults or harassment. Your department may have a procedures for escalating Title IX
complaints as well, but if they don’t, your best bet is to be in touch with the Title IX
coordinator.
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It is critical to remember, all faculty, staff, students, guests and vendors are covered under our
Sexual Harassment and Other Discriminatory Harassment Policy. You can find this policy in the
faculty handbook, on the Title IX website (udel.edu/titleix), and online under Personnel Policies
(4-29), among other places. This slide focuses on the sexual harassment part of the policy. For
an in-depth or departmental training on Title IX, please contact OEI.
Sexual harassment generally comes in two types: quid-pro-quo and hostile environment. Quidpro-quo literally translates to “this for that,” which is exemplified by the left and middle
columns on the screen. This type of harassment is generally easy to recognize because of its
inherent obvious-ness. However, hostile environment, described in the column on the right,
has significantly more grey area. Typically, these cases are the kind you see in the workplace,
particularly in a campus environment like ours. Again, this topic is addressed in much more
detail in another workshop.
While in your role at UD, you may discover inappropriate behavior that doesn’t quite rise to the
level of sexual or discriminatory harassment. Behavior of a sexual nature or harassment that is
not based on an individual’s protected class may be unprofessional in the workplace, disruptive
in the classroom or violate other University policies and could warrant remedial actions and/or
discipline. If you are experiencing a situation like this, we encourage you to seek assistance
from resources within the University to address these concerns.
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For all of these issues, victims may be hesitant to come forward because of fear of retaliation.
Retaliation is also discussed in the full-length workshop. At UD, we want all members of our
community to feel empowered to use their voice to report concerns. We view retaliation as a
serious issue, but one that victims (or reporters) should not be fearful of, simply because they
report.
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OK – back to UD’s Non-Discrimination Policy and protected classes… Thus far, the enforcing laws we have
been discussing have been either Title VII or Title IX. However, discriminatory acts against individuals
with disabilities are covered by the Americans with Disabilities Act or the Rehabilitation Act.
Defined, a disability “substantially limits an individual from performing a major life activity as compared
to most people in the general population, and need not prevent, or significantly restrict the performance
of a major life activity.”
Oftentimes, people think of disability in terms of limited physical mobility or a cognitive or
developmental impairments. There are additional factors that might make a person susceptible to
discrimination – such as association to a person with a disability, history of a disability, such as a person
who has had cancer but is now in remission, or is regarded as – or being perceived as – having a
disability.
Perhaps the single largest defense against discrimination is for an employer to provide a Reasonable
Accommodation for a person who is otherwise qualified for a job. An accommodation is any change in
the work environment or in the way things are usually done to help a person with a disability perform
the duties of the job. Examples include assistive technology, changes in schedules or timeframes to
complete the work, interpreters, and others.
Wrapping up on this topic, always ask if you have questions about this. This area is rife with legal
complications. Disability discrimination and protection is incredibly complex, not to mention private, so if
you want to learn more about our disability protections, the laws around the ADA and other managerial
topics, I encourage you to sign up for ADA Training for Managers. The workshop is facilitated by Disability
Support Services. This office also provides information and resources, so please connect with DSS if you
have any specific questions related to assisting anyone with a disability.
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We already know that freedom to practice a religion of one’s choice is provided by the First
Amendment of the United States Constitution. Thus, harassing someone because of their
religious beliefs is illegal. The law protects individuals who belong to traditional, organized
religions as well as other sincerely held religions, ethical, or moral beliefs.
Providing a reasonable religious accommodation is expected of employers if an employee asks
for it, unless doing so would cause more than a minimal burden on the operations of the
business. Meaning, an employer should make reasonable and fair adjustments to the
environment to allow an employee to practice his or her religion. This applies to schedule
changes, leave for observations, and dress or grooming practices. While the employee (or a
student) must ask for an accommodation, it behooves a manager (or faculty) to engage in an
interactive process to discuss the request.
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Just to save time, this slide is combining age and veteran status.
Earlier protections discussed so far were largely established by Title VII of the Civil Rights Act,
unless otherwise noted like disability and additional protections around sex. Age discrimination
is forbidden through the Age Discrimination in Employment Act. It does not protect workers
under the age of 40, although some states do have laws that protect younger workers from age
discrimination.
Similarly, veterans are not covered by Title VII but by the Vietnam Era Veterans’ Readjustment
Assistance Act of 1974 (VEVRAA). The provisions of this act prohibits job discrimination and
requires employers to take affirmative action to employ and advance in employment qualified
Vietnam era veterans, special disabled veterans, recently separated veterans, and veterans
who served on active duty during a war or in a campaign or expedition for which a campaign
badge has been authorized. The regulations around VEVRAA are ever-evolving, particularly
since the Iraq and Afghanistan conflicts, so it is best to consult with OEI or Labor Relations
about these issues.
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Gender identity and expression and sexual orientation are the last identity groups covered in a
our policy and they’re grouped together because there is no federal protections for individuals
in these identity groups. These protections have been left to the states and/or individual
employers. Interestingly enough, the State of Delaware does protect both sexual orientation,
and (as of 2013) gender identity/expression. As a wise employer seeking talent from all walks
of life, UD has gone above and beyond by covering both categories for several years.
Sexual orientation is defined as how one self-identifies their sexual and romantic attractions or
relationships. This is commonly known as gay, lesbian, and bisexual. Gender identity or
expression is a little more confusing. It’s important to first remember the difference between
sex and gender. Sex is biology, gender is identity. For most people, sex and gender match-up,
hence the general interchangeability of the terms. However, for some people, their biology and
their identity do not match. This is known as transgenderism, and how a person expresses their
gender identity may be inconsistent with their biological sex, or the societal expectation of the
gender expression.
UD does provide trainings and programs on LGBT issues and you are encouraged to seek those
out if you need more information or if you are interested in becoming an ally to this community
on campus.
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So, there it is! We have walked through the entire policy. Here it is, once more, in its
totality. I hope that by breaking it down into its pieces, you have a better understanding
of where the university policy comes from.
At UD, the policy is known as Personnel Policy #4-29. All personnel policies begin with a
4, and the number that follows the dash is it’s specific number. You can find 4-29 listed
online through the Executive Vice President’s website.
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This concludes this briefing. Your time and attention is appreciated. If you have
questions about this presentation, please feel free to contact OEI and register to attend
the live Harassment and Discrimination 2-hour workshop.
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