PPM Section 380-15

This section summarizes federal and state law and UC and UCD policy on complaints of employment discrimination. It also describes a unique UCD process, called an "informal review," for resolving such complaints without requiring recourse to a grievance or lawsuit.

All staff employees are covered by this policy and are strongly urged to use these options and resources to seek assistance and resolve complaints.

For sex discrimination, this section covers complaints of nonsexual conduct. For sexual conduct, see Section 380-12.

For complaints by students, see Section 280-05.

For complaints by academics, see Academic Senate Bylaw 335 and Academic Personnel Manual Sections 140 and UCD-140.

II. Definitions

A. Discrimination--an adverse employment action or harassment based on personal characteristics that is illegal under federal or state law. The illegal forms of discrimination are listed in III.A below.

B. Affirmative Action & Diversity Office (AA&D)--the campus Staff Affirmative Action & Diversity Office and the UCDHS Equal Opportunity, Mediation, and Sexual Harassment Office.

III. Policy

A. Discrimination

It is the policy of the University not to engage in discrimination against or harassment of any person employed by or seeking employment with UC on the basis of race, color, national origin, religion, sex, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or status as a covered veteran. This policy is intended to be consistent with the provisions of applicable state and federal laws and University policies.

B. Retaliation

No one shall retaliate against a person who has brought a complaint of discrimination or taken part in an investigation or hearing.

C. Principles of Community

It is the expectation of the University that matters conducted on its behalf by members of the University community be done in accord with the UCD Principles of Community. These principles of mutual respect, freedom of expression, and nondiscrimination are published on the Web at http://principles.ucdavis.edu/.

D. Responsibility

1. Department heads, managers, and supervisors shall:

a. Prevent and correct acts that meet the definition of discrimination.

b. Respond promptly to each complaint of discrimination.

c. Consult with AA&D when a complaint is received.

d. Sponsor education and training for all members of their units.

2. The campus and UCDHS AA&D Offices shall:

a. Provide informal review of staff discrimination complaints.

b. At UCDHS, conduct factfinding for external complaints. On campus, Employee & Labor Relations provides these services.

c. Provide education and training programs for administrative units and advisory groups. On campus, the Office of Campus Community Relations also provides training and education.

IV. Federal and State Law

A. Federal law

1. Title VII of the Civil Rights Act of 1964 protects on the basis of race, color, religion, sex, pregnancy, and national origin.

2. The Age Discrimination in Employment Act protects people aged 40 years or older.

3. The Immigration Reform and Control Act protects on the basis of national origin or citizenship.

4. The Rehabilitation Act of 1973 and the Americans with Disabilities Act protect people with disabilities.

5. The Vietnam-Era Veterans' Readjustment Assistance Act and other federal laws protect veterans.

B. State law

1. The California Fair Employment and Housing Act protects on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, pregnancy, and sexual orientation.

2. The Unruh Act bars discrimination in accommodations, services, business practices, franchising, and real property. It protects on the basis of sex, race, color, religion, ancestry, national origin, disability, medical condition, or the use of a service dog.

V. Confidentiality

Every effort will be made to maintain the privacy of all parties involved in a discrimination complaint. However, under some circumstances, the privacy of a disclosure cannot be guaranteed.

A. General discussions

An employee may ask that a discussion with a University official be kept confidential, or that no action be taken. This can be done as long as the discussion is not specific enough to identify the accused.

B. Complaints

1. A complaint is a contact with a supervisor, manager, or other appropriate UC official in which the employee relates an act of discrimination and identifies the accused.

2. When a complaint has been made, but the complainant requests confidentiality, the University will balance the request with its legal responsibility to take appropriate action and the rights of the accused under the California Information Practices Act.

3. During an informal review, the accused has a right to receive the name of the complainant and a description of the allegations, but other information may be withheld under the "ongoing investigation" exception in the Act.

4. After the informal review has ended, the accused has the rights described in the Information Practices Act. However, information obtained under a promise of confidentiality may be redacted or summarized as provided in the Act.

VI. Options for Resolution of Complaints

There are many options for resolving a discrimination complaint. The following resources may be used to obtain information, assistance, and resolution. See V above for information about confidentiality.

A. Discrimination hotlines

These hotlines provide all members of the UCD community with a place to call for confidential information, assistance, and referral. They are available during working hours, with voicemail for after-hours calls. A poster with the hotline numbers is available from the AA&D offices.

Campus: (530) 752-HELP (752-4357)

UCDHS: (916) 734-3000

B. Information and consultation

All members of the UCD community with concerns about discrimination are encouraged to consult with the AA&D offices:

Campus: Staff Affirmative Action & Diversity, (530) 752-6030

UCDHS: Equal Opportunity, Mediation, and Sexual Harassment, (916)734-5335

These offices will provide information about all options available to the employee, so that the employee can make an informed decision about what action to take.

C. Mediation services

The mediation process helps people talk to one another about difficult topics. A mediator can help parties reach decisions, solve problems, and share information. The process is informal and confidential, and there is no cost for services.

Campus: Mediation Services, (530) 752-9257

UCDHS: Equal Opportunity, Mediation, and Sexual Harassment, (916) 734-5335

D. Other University officials

An employee may seek assistance from his or her supervisor or department head, from the offices of their dean, vice chancellor, or UCDHS Associate Director, or from Employee & Labor Relations. He or she may also contact an Affirmative Action Compliance Officer:

Affirmative Action Compliance Officer: Provost & Executive Vice Chancellor, (530) 752-2065

Deputy Affirmative Action Compliance Officer/Staff: Associate Vice Chancellor--Human Resources, (530) 752-3383

Associate Executive Vice Chancellor--Campus Community Relations, (530) 752-2071

E. Informal review

An informal review is a University process to resolve a complaint that a staff employee has been discriminated against, at the earliest opportunity, and without requiring recourse to a grievance or lawsuit. An analyst will listen to the complaint; investigate; present findings and recommendations; and attempt to resolve the complaint through an informal review process. The informal review process is described in VII below.

The complainant may be any individual, a group, or a department. The request for informal review must be sent to the AA&D Office within 365 calendar days from the date the complainant knew of the discrimination.

Campus: Staff Affirmative Action & Diversity, (530) 752-6030

UCDHS: Equal Opportunity, Mediation, and Sexual Harassment, (916) 734-5335

F. Formal grievance

Instead of, or in addition to, using the resources listed above, an employee may file a formal grievance. To be accepted into the grievance process, a grievance must meet all the conditions described in the applicable personnel policy or collective bargaining agreement.

Grievance procedures contain time limits. A grievance must be filed within the time limit. The time limit is usually 30 days from when the grievant knew or should have known of the event being grieved. Consult the applicable contract or policy to determine the time limit.

Some grievance procedures allow the time limits to be extended, or the grievance to be placed in abeyance, in order to use the informal review process. If so, the grievance must be filed or taken out of abeyance within 30 calendar days of the end of the informal review process.

The AA&D directors may, under the appropriate circumstances, recommend that the Associate Vice Chancellor--Human Resources grant an extension of the time limit to file a grievance.

1. Employees who are not represented may use Personnel Policies for Staff Members, Policy 70.

Contact: Employee & Labor Relations, (530) 752-6660 or (916) 734-3362

2. Employees who are represented may use the grievance articles from the applicable collective bargaining agreement.

Contact: Union steward or Employee & Labor Relations

G. Complaints about faculty

If the accused is a faculty member, the complainant may file a complaint under Academic Personnel Manual Section 015. Contact the Office of the Vice Provost--Academic Personnel for more information.

H. State and federal agencies

The following agencies accept complaints of discrimination. There are time limits for filing. If a complaint is not filed within the time limit, it will not be accepted. Contact the agency to verify the time limits for filing a complaint.

1. California Department of Fair Employment and Housing (DFEH). The DFEH serves as a neutral factfinder and tries to help resolve disputes. If settlement efforts fail, the DFEH may file a formal accusation before the Fair Employment and Housing Commission, or a lawsuit. The Commission can order fines, damages, hiring, reinstatement, back pay, promotion, and changes in practices. Contact DFEH at (800) 884-1684. The time limit to file is 365 days from the last incident.

2. U.S. Equal Employment Opportunity Commission (EEOC). A charge must be presented to the California DFEH first. The time limit to file is 300 days from the last incident or 30 days after receiving notice that the DFEH process has ended, whichever is earlier. Contact the San Francisco Office at (415) 356-5100.

3. U.S. Office of Federal Contract Compliance (OFCCP). If there is only one complainant, OFCCP will normally refer the complaint to EEOC. The time limit is 180 days from the date of the alleged discrimination. Contact the San Francisco Office at (415) 975-4720.

4. State and federal courts. DFEH or EEOC may issue a "right to sue" letter if they are unable to resolve a complaint. In addition, the Unruh Act and the personal liability provisions of the Fair Employment and Housing Act are enforced by the court system. The time limit is one year from the last incident.

VII. Summary of Procedures--Informal Review

Responsibility	Action
Complainant	1. Contacts the campus or UCDHS AA&D Office.
AA&D analyst	2. Advises on options for resolving the complaint and gives the time limits that apply to each.
Complainant	3. Decides which option to use.
AA&D analyst	4. Conducts an informal review if requested by the complainant. Interviews complainant, accused, and witnesses. The interviewee may bring a friend or representative to the interview. 5. Writes a report within 30 calendar days, unless extended by mutual agreement. 6. Gives the complainant and accused a summary of the results of the review. The summary shall be in writing if any party requests it.
Complainant	7. Accepts the review results. OR 8. Rejects the review results and considers other options in VI above.
Department head	9. Consults Employee & Labor Relations, then decides if disciplinary action is appropriate.

VIII. Remedy and Discipline

If discrimination has occurred, the University shall act to correct it.

A. Remedies may include restoring the pay, benefits, or rights lost by the complainant, and adjusting the work environment of the complainant or the accused.

B. Disciplinary action, up to and including dismissal, may be taken against the accused. See the applicable personnel policy or collective bargaining agreement on the rights of the accused. State law may prevent the University from telling the complainant what action was taken. See Section 380-25 on confidentiality of personnel records.

IX. Records

A. The AA&D Offices keep records for at least three years after closure. Records of informal reviews shall be maintained separately from any other personnel files.

B. The record retention periods are different for each of the federal, state, and UC complaint procedures described above. Consult the applicable law or policy.

X. References

A. UCD Policy & Procedure Manual:

1. Section 380-10, Affirmative Action in Employment.

2. Section 380-25, Disclosure of Information from Personnel Records.

B. Personnel Policies for Staff Members:

1. Policy 12, Nondiscrimination in Employment.

2. Policy 14, Affirmative Action.

3. Policy 70, Complaint Resolution.

C. UC/union collective bargaining agreements

D. United States Code (http://www4.law.cornell.edu/uscode/ or http://www.access.gpo.gov/congress/cong013.html):

1. Title VII of the Civil Rights Act of 1964, 42 US Code 2000e.

2. Age Discrimination in Employment Act, 29 US Code 621.