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KCC Employment Discrimination Complaint Procedure |
IntroductionKingsborough Community College adheres to federal, state, and city laws and regulations, as well as City University of New York (CUNY) policies, regarding equal employment opportunity and affirmative action. Federal laws that incorporate equal employment opportunity components include, among others, Title VII of the Civil Rights Act of 1964, as amended in 1991; Title IX of the Educational Amendments of 1972; the Age Discrimination in Employment Act; the Americans with Disabilities Act; Section 504 of the Rehabilitation Act of 1974; and the Immigration Reform and Control Act of 1986. Kingsborough Community College also complies with New York State and New York City human rights laws. Collectively, these laws prohibit discrimination in employment on the basis of:
These laws also prohibit retaliation against an individual for raising an allegation of discrimination, filing a complaint alleging discrimination, or participating in a proceeding to determine if discrimination has occurred. The affirmative action laws governing CUNY and Kingsborough Community
College include Executive Order 11246; as amended, Section 503 of the
Rehabilitation Act of 1973; and Section 402 of the Vietnam Era Veterans
Readjustment Act of 1974.
The affirmative action policies and practices of Kingsborough Community College are part of CUNY’s goal to provide equal employment opportunity and prevent discrimination. Such policies and practices apply to persons in federally protected groups, including women, persons with disabilities, Vietnam Era veterans, Blacks, Hispanics, Asian/Pacific Islanders, and American Indians/Alaskan Natives. In addition, CUNY and Kingsborough Community College have designated Italian Americans as a protected group for whom these policies apply. I. Discrimination Defined Discrimination may take several forms. It may occur when a person is excluded from an employment opportunity or treated less favorably than other similarly situated persons because of race, color, religion, gender, national origin or citizenship status, disability, age, marital status, sexual orientation, prior arrest or conviction record, genetic predisposition or carrier status, Sabbath observance, or any other basis prohibited by law. This type of discrimination is considered disparate treatment or a difference in treatment. Adverse impact discrimination results from neutral employment policies and practices that may be applied evenly to all applicants or employees but have the effect of disproportionately excluding a group with a protected status. The failure to provide reasonable accommodations for the known disabilities of an otherwise qualified applicant or employee, or to reasonably accommodate the religious practices of an applicant or employee, may be discriminatory also. Additionally, harassment on any of these bases is contrary to law, as is the retaliation of an individual for raising an allegation of discrimination, filing a complaint alleging discrimination, or participating in a proceeding to determine if discrimination has occurred. Furthermore, state law and the Americans with Disabilities Act (ADA) provide protections on the basis of a person’s perceived protected status. The laws prohibiting discrimination in employment apply to all terms and conditions of employment, including, but not limited to, recruitment, testing, selection, hiring, work assignments, salary and benefits, performance evaluations, promotions and tenure, training opportunities, transfers, discipline, discharge, and working conditions. II. Coverage This equal employment opportunity procedure applies to all job applicants and employees and, in some instances, former employees of Kingsborough Community College. Students employed by Kingsborough Community College have the right to equal employment opportunity in their capacity as employees. The procedure for handling allegations of discrimination is objective and impartial, designed to assist in resolving equal employment opportunity issues and in investigating alleged illegal discrimination. The process does not supplant any rights employees may have to pursue allegations of discrimination through a collective bargaining agreement that includes discrimination as a ground for grievance, or any other rights conferred by law. Kingsborough Community College places a strong emphasis on prompt action to resolve complaints alleging discrimination. Members of the college community who believe themselves to have been discriminated against are strongly encouraged to report allegations as promptly as possible. Delay in making a complaint may make it more difficult for the college to investigate the allegations. III. Determining How to Proceed A. Consultation with the Affirmative Action/Equal Employment Opportunity (AA/EEO) Officer A job applicant, employee, or former employee who wishes to make a complaint related to affirmative action or equal employment opportunity, including reasonable accommodations for disabilities, may consult with the Compliance and Diversity/ Affirmative Action/Equal Employment Opportunity (AA/EEO) Officer of the college: Carlos Ortiz, Chief Affirmative Action Officer and Special Assistant to the Legal Affairs and Labor Designee Issues pertaining to sexual harassment may be directed to the college’s Sexual Harassment Panel. Please refer to Policy Against Sexual Harassment and Its Implementing Procedures. Any vice-president, dean, director, department chairperson, administrator, or other person with managerial or supervisory authority who becomes aware that applicants or employees believe that they have been discriminated against should advise those applicants or employees of their right to contact the Compliance and Diversity/AA/EEO Officer. An employee has the right to meet privately with the Compliance and Diversity/AA/EEO Officer during working hours; however, the employee should obtain approval for leaving a work assignment. An employee need not disclose the details of the purpose of a meeting with the Compliance and Diversity/AA/ EEO Officer to their supervisor. Managers and supervisors shall allow employees to meet with the Compliance and Diversity/AA/EEO Officer at the earliest practicable time consistent with the operational needs of their units. The Compliance and Diversity/AA/EEO Officer may arrange to meet with an employee outside the college when necessary in order to ensure confidentiality. At an employee’s request, arrangements may also be made to hold meetings before or after working hours or during the employee’s lunch period. The initial consultation provides an opportunity for the Compliance and Diversity/AA/EEO Officer to learn the general nature of the employee’s allegations and to determine whether those allegations would, if demonstrated to be true, violate any law, regulation, or policy related to equal employment opportunity or affirmative action. If the facts presented do not point to any violation of law, regulation, or policy related to equal employment opportunity or affirmative action, the complainant will be so advised. The Compliance and Diversity/AA/EEO Officer, whenever possible, will provide information about other college or CUNY offices that might provide guidance or assistance to the employee. There may be circumstances in which the Compliance and Diversity/AA/EEO Officer initiates an investigation of a matter that has come to the attention of the college even when no specific complaint has been made. B. Using the grievance procedureIn lieu of consulting with the Compliance and Diversity/AA/EEO Officer, employees who are covered by collective bargaining agreements may use their contractual grievance procedures, within the time limits provided in those a agreements, to report allegations of discrimination. Employees choosing this avenue should contact their union representative directly. C. Using external agenciesAlthough Kingsborough Community College would prefer having the opportunity to investigate allegations of discrimination internally and to remedy situations where the law, college, or CUNY policies have been violated, a complainant may, at any time, file a complaint of discrimination with a city, state, or federal administrative agency that enforces the law prohibiting discrimination. The names and contact information for such agencies are included on the last page . IV Pursuing a Complaint with the Compliance and Diversity/AA/EEO Officer After consultation with the Compliance and Diversity/AA/EEO Officer, if it has been determined that a violation may have occurred, the complainant will be informed of options available for subsequent action. These options my fall into two main categories: * Alternative Dispute Resolution * Internal Complaint Investigation A. Alternative Dispute Resolution (ADR) The objective of this option is to stop the behavior or action that forms the basis for the complaint of illegal discrimination without the college’s engaging in a full investigation or making a finding as to whether discrimination has occurred. This option will be recommended if the Compliance and Diversity/AA/EEO Officer and the complainant agree that this approach has the potential to address the allegation(s). A decision to proceed through the ADR channel does not preclude a subsequent investigation if the complaint cannot be resolved through ADR. Possible resolutions through ADR include, but are not limited to: the complainant taking steps to resolve the complaint on her or his own without intervention by the Compliance and Diversity/AA/EEO Officer or a college official; or having complaint resolution activities facilitated by the Compliance and Diversity/ AA/EEO Officer or another appropriate college official. Whenever possible, complaints should be resolved within ninety working days following initiation of the complaint. Any settlement, withdrawal, or other disposition of such a matter does not constitute binding precedent in the resolution of similar complaints. B. Internal complaint investigation 1. Process: When ADR is not feasible or possible, the Compliance and Diversity/AA/EEO Officer will completely and thoroughly investigate discrimination complaints and will make a determination as to whether an anti- discrimination law, regulation, or Kingsborough Community College or CUNY policy has been violated. If a violation has occurred, action will be taken to correct it and, where appropriate, to discipline employees who have engaged in discriminatory conduct. Any employee wishing to pursue an investigation is encouraged to file a written complaint with the Compliance and Diversity/AA/EEO Officer. When a complainant is unwilling or unable to file a written complaint, the Compliance a and Diversity/AA/EEO Officer will nevertheless investigate the complaint, based on the complainant’s oral statements, as soon as possible after the Compliance and Diversity/AA/EEO Officer receives a complaint. The appropriate parties will be notified that a complaint has been filed and that an investigation has begun. If an investigation of a complaint requires it, the Compliance and Diversity/AA/EEO Officer shall have the authority to request and examine relevant records and files and to make inquiries necessary to investigate the complaint. All employees of the college are expected to cooperate with the investigation. Anonymous complaints will be investigated, to the extent possible, as any other complaint to ascertain the existence of illegal discrimination and to remedy the problem, if necessary. 2. Possible outcomes of an internal investigation
3. Withdrawal of complaint The complainant has the right to request that the investigation be terminated at any stage of the process; however, the Compliance and Diversity/AA/EEO Officer may not terminate an investigation when there is evidence that the law or a CUNY or Kingsborough Community College policy has been violated. In such an instance, the investigation must continue until a finding is made. If an investigation is terminated at the request of a complainant, however, all parties will be notified in writing of the termination. V. Confidentiality This procedure seeks to protect the privacy of persons making inquiries about their rights as well as the rights of persons otherwise involved in an investigation. Therefore, while it not possible to provide absolute confidentiality, the entire complaint, investigation, and resolution process will be handled discreetly. Information concerning the process will be divulged only on a need-to-know basis. All parties to the process are requested to adhere to a similar standard of discretion. VI Record Keeping The Compliance and Diversity/AA/EEO Officer will maintain records of all complaints of discrimination whether they are processed through ADR, an internal investigation, or by an outside agency. VII Retaliation ProhibitedIt is a violation of federal, state, and city law, as well as college policy, to retaliate against any person for opposing discrimination, filing a complaint, or participating in a proceeding to determine if discrimination has occurred. Complaints of retaliation will be investigated and a finding reached. Where findings warrant, appropriate disciplinary action will be taken. VIII Time LimitsAll applicants and employees are encouraged to consult with the Compliance and Diversity/AA/EEO Officer as soon as they become aware of an alleged violation. Delays in reporting allegations may impair the ability of the Compliance and Diversity/AA/EEO Officer to conduct a proper investigation and reach a resolution. Thus, employees are encouraged to report allegations immediately. Also, time limits, some of which are extremely short, apply when filing complaints with external agencies or when filing grievances under collective bargaining agreements. Those administrative agencies and/or labor relations representatives should be consulted directly for time limits and other filing requirements. IX External Agencies Where a Complaint May be Filed All applicants, employees, or former employees seeking to file a discrimination complaint are encouraged to file such complaint internally with the Compliance and Diversity/AA/EEO Officer; by contacting the Compliance and Diversity/AA/EEO Officer, a person does not forfeit her or his right to file an external complaint with an administrative agency handling discrimination complaints. Once such an agency has intervened in a complaint, the Compliance and Diversity/AA/EEO Office will surrender jurisdiction of the matter to the CUNY Office of the General Counsel, which will take over administration of the complaint. The following external administrative agencies enforce laws prohibiting discrimination. Each agency has a time limit governing the filing of complaints. Agencies should be contacted directly for information pertaining to filing a complaint. New York City Commission of Human Rights New York State Division of Human Rights 270 Broadway, 9 th Floor One Hanson Place, 3 rd Floor U.S. Equal Employment Opportunity Commission
(EEOC) U.S. Office of Civil Rights, Region II U.S. Department of Justice
Issued by the CUNY Office of Faculty and Staff Relations on January 25, 1999. |
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