Business & Finance Forum
Campus Commitment Training
April 9 & 21, 2009
David Betts
Anthony Walesby
Associate Director
Associate Vice Provost
& Sr. Director
Office of Institutional Equity
2072 Administrative Services Bldg
(734) 763-0235 (v)
(734) 647-1388 (tty)
http://www.hr.umich.edu/oie
Campus Commitment Program
• Program started in October 2006
• Based on UM’s Nondiscrimination
Statement
• Training is customizable for students,
staff and faculty
• Since October 2006, OIE has provided
training to over 16,000 faculty, staff and
students
Today’s Objectives
• Gain a better understanding of federal
and state civil rights laws
• Understand how these laws impact
University policy
• Understand your unique role as a B&F
manager
The Commitment
The University of Michigan has, as one of
its core values, an abiding commitment to
sustaining a community in which the
dignity of every individual is respected.
Key to this value are efforts to foster and
nurture an environment of civility and
mutual respect by preventing
discrimination and harassment on our
campus.
Why Eliminating Discrimination
and Harassment So Important
• Inconsistent with the University’s values,
where every person is treated with dignity
• Detrimental to the University’s/department’s
reputation and the University
community’s/department’s morale
• Can lead to increased absenteeism, distrust,
fear, powerlessness, stress, recruitment and
retention problems
• Legal liability
Non-Discrimination Statement
The University of Michigan, as an equal
opportunity/affirmative action employer, complies with
all applicable federal and state laws regarding
nondiscrimination and affirmative action, including Title
IX of the Education Amendments of 1972 and Section
504 of the Rehabilitation Act of 1973. The University of
Michigan is committed to a policy of nondiscrimination
and equal opportunity for all persons regardless of race,
sex, color, religion, creed, national origin or ancestry,
age, marital status, sexual orientation, gender identity,
gender expression, disability, or Vietnam-era veteran
status in employment, educational programs and
activities, and admissions.
Federal and State
Civil Rights Laws
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Title VII of the Civil Rights Act
Title VI of the Civil Rights Act
Title IX of the Education Amendments
The Americans with Disabilities Act
Section 504 of the Rehabilitation Act
The Age Discrimination in Employment Act
The Age Act
Michigan’s Elliott-Larsen Civil Rights Act
Michigan’s Persons with Disabilities Civil Rights Act
Executive Order 11246
U-M Policies
• Non-Discrimination – SPG 201.35
• EEO/Affirmative Action Policy – SPG 201.82
• EEO/Affirmative Action Policy for Individuals with
Disabilities – SPG 201.84
• EEO/Affirmative Action Policy for Veterans – SPG
201.87
• Sexual Harassment – SPG 201.89
• Discriminatory Harassment – SPG 201.89-1
• Faculty-Student Relationships - SPG 601.22
• Employee-Student Relationships - SPG 601.22-1
Types of Discrimination
• Disparate Treatment – treating similarly
situated people differently on the basis of
protected class status
• Disparate Impact – when a neutral action or
policy has the unintended effect of
discriminating on the basis of protected class
status
• Failure to Accommodate – disability and
religion only
• Harassment
Vicarious Liability
1) An employer is responsible for the acts of its
supervisors; and
2) Employers should be encouraged to prevent
harassment and employees should be
encouraged to avoid or limit the harm from
harassment
Source: EEOC Enforcement Guidance - 6/18/1999
Vicarious Liability
According to the U.S. Supreme Court, an
employer is always liable for a
supervisor’s harassment if it culminates in
a tangible employment action.
What does this mean?
Sexual Harassment
Types of Sexual Harassment
• Quid Pro Quo
• Hostile Environment
– Unwelcome (uninvited)
– Conduct of a sexual nature (different than
gender discrimination)
– That is so severe, persistent or pervasive it
unreasonably interferes with a person’s
ability to do their work or creates a hostile,
offensive or abusive work environment
What Does Unwelcome Mean?
• Uninvited
• Intention is irrelevant
• Why is welcome sexual behavior still a
problem?
– Others might still be subjected to it
– May not be a welcoming environment for
new employees
– Managers BEWARE!!
The Reasonable Person Standard:
The behavior must subjectively and
objectively be considered sexual
harassment
Conduct of a Sexual Nature:
Sexual Statements
• Sexual or “dirty” jokes
• Comments on physical attributes
• Spreading rumors about or rating others as to
sexual activity or performance
• Talking about one’s sexual activity in front of
others
• Displaying or distributing sexually explicit
drawings, pictures and/or written material
(including email, instant messaging, blogs,
web pages, etc).
Conduct of a Sexual Nature:
Personal Attention
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Letters
Telephone calls
Visits
Gifts
Pressure for sexual favors, pressure for
unnecessary meetings, pressure for
dates where a sexual/romantic intent
appears evident but remains unwanted
• STALKING
Conduct of a Sexual Nature:
Physical or Sexual Advances
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Touching
Hugging
Kissing
Leering
Fondling
Touching oneself sexually for others to view
Pulling pants down/taking off clothes
Sexual assault
Other Considerations
• Who harasses who?
Women-Men/Men-Women
Men-Men/Women-Women
Faculty-Student/Student-Faculty
Supervisor-Supervisee/Supervisee-Supervisor
• Third parties – sales reps, vendors,
construction workers, etc.
• Location – you take the work/power
relationship with you no matter where you are
(including conferences)
A Manager’s Responsibility
Regarding Sexual Harassment
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Do not do it
Do not encourage it
Look out for it
Do not tolerate it
Take prompt action if confronted with it
Cooperate with the University when it
handles these issues
What Are a Manager’s
Responsibilities if it Happens?
• Act promptly (liability begins when the
University “knew or should have known”)
• Report of harassment does NOT have to
be in writing
• Vicarious liability
• Contact the appropriate University official
(Vice President’s Office, Your Supervisor,
Human Resources Office, OIE)
• Cooperate with the investigation
Personal Consequences for Managers
Who Engage in Sexual Harassment
• Reputation
• Corrective Action
• Personal liability
Employee-Student Relationships
• SPG 601.22-1
• Requires staff to report romantic relationships with
students if they have influence over the student’s
status or circumstances
• Work with the employee and student to eliminate the
potential for an actual or perceived conflict
• Failure to report can lead to discipline
• Sexual harassment policy states that in unequal
power situations, behavior is assumed to be
nonconsensual
Case Study
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Chris and Pat both work at the University.
Chris and Pat have been dating for four months.
Chris is Pat’s supervisor.
Pat suggests that perhaps they shouldn’t date anymore.
Chris responds “C’mon Pat, you know I care for you. I don’t
know what I’ve done to make you feel this way...please give me
another chance, I really care for you.”
Is Pat being sexually harassed?
Chris then laughs and adds “Besides, I’m in the process of
deciding raises...it’s not a good time to break up with me, is it?”
Is Pat being sexually harassed?
What if Pat alleges the relationship was never consensual?
Does it matter what gender Chris and Pat are?
Case Study
• Your supervisor Henry has had a calendar of women in bikini’s
in his office every year for the past 20 years. You can only see
the calendar when the door is closed.
• Henry frequently has meetings in his office with the door closed,
including with members of your staff.
• Henry also sometimes has “roving eyes” and you have noticed
he sometimes stares at certain female staff members.
• One of those staff members complains to you about Henry’s
staring and the calendar in his office.
• Could this be sexual harassment?
• What do you do?
• What would be the worst thing to do?
Case Study
• One of your staff members, Terry, complains to you about being
asked out by another staff member – Lee. Terry says that it is
sexual harassment and asks never to work with Lee again.
• You get all the details from Terry and Lee:
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Lee asked Terry out to a movie
Terry declined and Lee did not ask again
Lee has not done or said anything else inappropriate
Terry is extremely uncomfortable in Lee’s presence, knowing there
is a spark of interest there.
• Has Terry been sexually harassed?
• Does it matter what gender Terry or Lee is?
• How should you handle this situation?
Racial, Color, National Origin
Discrimination
Race, Color & National Origin
No University student, faculty or staff
shall, on the basis of their race, color, or
national origin be excluded from
participation in, be denied the benefits of,
or be subjected to discrimination.
Hostile Environment
A racially hostile environment occurs
when harassing conduct (e.g., physical,
verbal, graphic, or written), becomes
sufficiently severe, pervasive or persistent
so as to interfere with or limit the ability of
an individual to participate in or benefit
from the services, activities or privileges
provided by the University.
University’s Obligation
• The University prohibits racially harassing behavior
on its campus (and in many situations off campus).
• A person engaging in harassing behavior does not
have to be in a particular position vis-à-vis the person
being harassed for the conduct to create a hostile
environment.
• A harasser can be a peer, a person who has power
over the person being harassed (e.g., a supervisor or
faculty member), a person who does not have power
over the person being harassed (e.g., a supervisee or
a student in a classroom who is harassing a faculty
member), or a visitor to campus (e.g., a contractor).
Notice
• Actual knowledge
• Constructive knowledge
Racial Harassment
• Harassing conduct (physical, verbal, written,
electronic, etc.) based on race – injury to
persons or property, threats of such injury
• Sufficiently severe, persistent or pervasive
(subjectively and objectively) as to interfere
with the ability to participate in University
programs or create an objectively hostile
environment
Case Study
• Cliff works in a department with 25 employees. He has
always gotten along well with his co-workers and they like
to joke around. Cliff’s department is not racially diverse,
and he is one of only two people in his department of his
race.
• Cliff is the same race as a character from a famous oldtime television show. One of Cliff’s co-workers, Susan,
has started calling Cliff by the television character’s name.
• Lisa, one of Cliff and Susan’s co-workers tells the
supervisor about the situation and says it is making her
uncomfortable. Cliff has not raised the issue with you.
• How should the supervisor handle this situation?
• Does it matter if Susan and Cliff are the same race?
Case Study
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Amal has worked at the University for 7 years. Amal is Lebanese and visits her family
in Lebanon for six-weeks every summer. Amal likes for her co-workers call her Anne.
Anne’s supervisor left the University and she was asked to become the interim
supervisor. As interim supervisor, she now reports to George, who frequently asks her
questions about the Middle East, such as her opinion about the Gaza Strip conflict.
Anne applied for the supervisor position when it was posted. Anne’s co-worker, Nancy,
also applied. Nancy has worked in the department for 2 years and has fewer overall
years of experience than Anne. Anne and Nancy have somewhat different skill sets.
Nancy is American.
During the course of the search, a member of the search committee tells Anne
(confidentially, of course) that she’s the search committee’s favorite candidate, but
they’re concerned about her need for an annual six-week vacation.
After an extensive national search, George offers the position to Nancy.
Anne is stunned, because she has been performing well as the interim supervisor. She
thinks back to George’s questions about Gaza and the search committee member’s
negative statement about her visits to her family in Lebanon and begins to believe she
was not selected because she is Arabic and her family is not from the United States.
Disability Discrimination
Failure to Accommodate
• Disability
– Definition:
• Physical or mental impairment that substantially limits
one or more major life functions
• Record of having such an impairment
• Regarded as having that impairment
– The Accommodation Process
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Provide documentation and decision is made
Interactive discussion about what might work
Reasonable accommodation is provided, if available
Accommodation is not reasonable if it causes an undue
financial or administrative burden
Reasonable Accommodation
The University shall provide a
reasonable accommodation to the
known disability of a qualified applicant
or employee with a disability unless the
accommodation would impose an
undue hardship.
What does “qualified” mean?
A qualified individual with a disability is a
person who satisfies the requisite
skill
experience
education
other job-related requirements
of the employment position and who, with or
without a reasonable accommodation, can
perform the essential functions of a position
What is a
Reasonable Accommodation?
A reasonable accommodation is any
modification or adjustment to a
job
an employment practice, or
the work environment
that makes it possible for a qualified
individual with a disability to perform the
essential functions of the job
What are the
Essential Functions of a Job?
Those core duties that are the reason
the job position exists
The Request
for an Accommodation
No specific language
Not required to be in writing for the ADA
May be expressed in a conversation
with the supervisor that engages the
interactive process
The Interactive Process
 Request
 Essential job functions
 Documentation
 Reasonable accommodation
Team Resources
 Key department/unit staff
 Central Human Resources
 Unit Human Resources
 ADA Coordinator
 Work Connections Staff
Remember
• Engage in the conversation
• Evaluate the reasonableness of the
accommodation
• Interact with the employee
• Utilize resources that are available for
you, and the employee
• Always initiate a ‘return to work’ meeting
with the employee
Case Study
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John is ready to return to work from a leave of absence for (what
he has disclosed) is depression.
He works as a consultant to other departments and his job requires
significant customer service.
John’s manager and co-workers have remarked that John has
always been “sullen and non-social”. They also commented that he
doesn’t smile or kid around with co-workers, but he does get the job
done.
John is also described as being “low energy’ in sharp contrast to
the temporary staff, Mary, who filled in for John while he was on
leave. Mary is described as being “upbeat, happy and a real gogetter.”
The manager tells you that John is just not cut out for this type of
work and they do not want him back because “customer service is
everything.”
The manager wants to hire Mary to replace John.
Case Study
• Jane is a custodian who works in the Plant
Department.
• Jane tells her supervisor, Roger, that due to a
medical condition, her doctor had informed her that
she cannot lift anything over 5 pounds. As a result,
she would like a supervisory position since it doesn’t
require lifting.
• Roger laughs and tells Jane to get back to work or
she’s fired.
• Jane tells Roger that her doctor AND her attorney
both believe that her request is reasonable and
legally required.
Other Forms of Discrimination
Sex  Religion  Creed
Ancestry  Age  Marital Status
 Sexual Orientation 
Gender Identity  Gender Expression
 Vietnam-era Veterans 
Failure to Accommodate
Religion
– Accommodation provided for “sincerely
held religious belief”
• Doesn’t include political or social beliefs
• Excludes accommodations that cause an
undue hardship (lower standard than that used
to determine accommodation for a person with
a disability)
Retaliation
• Growing number of cases nation-wide
(34.3% of complaints made to the EEOC in FY08)
• Prohibited by law and University policy
• Persons who engage in retaliation are
subject to discipline, even if no
discrimination or harassment was found
• Indirect retaliation is also prohibited
Hate Crimes and BiasRelated Incidents
• Expect Respect
• Hate Crime –
– Crime of violence, property damage or threat
motivated by protected status
– Usually also a general crime
– Dial 9-1-1
• Bias Related Incident –
– Non-criminal
– Might not be directed at a person (e.g., putting a
slur on a public area of a building)
– May also be harassment, but may not
– Call 615-BIAS
Steps to Ensuring a Welcoming
and Supportive Environment
The University is committed to providing a
working and learning environment that
encourages collaboration and allows for
individual and group discovery.
YOU play a vital role in making this
happen!!
Questions?