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The 2011 - 2013 General Catalog - East Los Angeles College

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<strong>General</strong> Information<br />

<strong>General</strong><br />

Information<br />

marital status, cancer-related medical condition of an employee, sexual<br />

orienation, age, physical or mental disability, or veteran status.<br />

Definition of Sexual Harassment<br />

Sexual harassment is unwelcome sexual advances, requests for sexual<br />

favors, and other verbal, visual, or physical conduct of a sexual<br />

nature where:<br />

• Submission to the conduct is made either explicitly or implicitly<br />

a term or condition of employment, academic status, or progress;<br />

• Submission to, or rejection of, the conduct is used as the basis for<br />

employment or academic decisions;<br />

• Conduct has the purpose or effect of having a negative impact upon<br />

work or academic performance, or creating an intimidating, hostile,<br />

or offensive work or educational environment;<br />

• Submission to, or rejection of, the conduct by the individual is used<br />

as the basis for any decision affecting the individual regarding benefits,<br />

services, honors, programs, or activities available at or through<br />

the district.<br />

Retaliation<br />

Retaliation against anyone who makes a complaint, refers a matter<br />

for investigation or complaint, participates in investigation of a complaint,<br />

represents or serves as an advocate for an alleged victim or<br />

alleged offender, or otherwise furthers the principles of this policy is<br />

prohibited.<br />

False Allegations<br />

Anyone who files a complaint pursuant to this policy in which he or<br />

she knowingly makes false allegations of fact shall also have violated<br />

this policy and be subject to applicable or appropriate disciplinary process.<br />

Complaints that a complainant has made false allegations about<br />

a violation of this policy shall be made through this policy only.<br />

Confidentiality<br />

All persons involved in investigation of complaints shall have a duty<br />

to maintain the confidentiality of the matters discussed, except as may<br />

be required or permitted by law, which include the rules and regulations<br />

of the District.<br />

A complete record of each complaint and investigation shall be kept by<br />

the Director of Diversity Programs.<br />

<strong>The</strong> Written Decision or any Settlement Agreement regarding<br />

the results of the investigation shall be placed in the personnel file<br />

of each employee involved as an alleged offender, alleged victim or<br />

complainant.<br />

<strong>The</strong> specific rules and procedures for reporting charges of sexual<br />

harassment and for pursuing available remedies are incorporated in<br />

the LACCD Board Rules, Chapter XV. Copies of the policy may<br />

be obtained from the college sexual harassment compliance officer,<br />

Angelica Toledo at (323) 267-3746, the office of the Vice Chancellor<br />

of Educational Programs and Institutional Effectivness, and the District<br />

Diversity Programs Office.<br />

Equal Employment Opportunity is the Law<br />

Applicants to and employees of most private employers, state and local<br />

governments, educational institutions, employment agencies and<br />

labor organizations are protected under Federal law from discrimination<br />

on the following bases:<br />

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN<br />

Title VII of the Civil Rights Act of 1964, as amended, protects applicants<br />

and employees from discrimination in hiring, promotion, discharge,<br />

pay, fringe benefits, job training, classification, referral, and<br />

other aspects of employment, on the basis of race, color, religion, sex<br />

(including pregnancy), or national origin. Religious discrimination<br />

includes failing to reasonably accommodate an employee’s religious<br />

practices where the accommodation does not impose undue hardship.<br />

DISABILITY<br />

Title I and Title V of the Americans with Disabilities Act of 1990,<br />

as amended, protect qualified individuals from discrimination on the<br />

basis of disability in hiring, promotion, discharge, pay, fringe benefits,<br />

job training, classification, referral, and other aspects of employment.<br />

Disability discrimination includes not making reasonable accommodation<br />

to the known physical or mental limitations of an otherwise<br />

qualified individual with a disability who is an applicant or employee,<br />

barring undue hardship.<br />

AGE<br />

<strong>The</strong> Age Discrimination in Employment Act of 1967, as amended, protects<br />

applicants and employees 40 years of age or older from discrimination<br />

based on age in hiring, promotion, discharge, pay, fringe benefits,<br />

job training, classification, referral, and other aspects of employment.<br />

SEX (WAGES)<br />

In addition to sex discrimination prohibited by Title VII of the Civil<br />

Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits<br />

sex discrimination in the payment of wages to women and men<br />

performing substantially equal work, in jobs that require equal skill,<br />

effort, and responsibility, under similar working conditions, in the<br />

same establishment.<br />

GENETICS<br />

Title II of the Genetic Information Nondiscrimination Act (GINA) of<br />

2008 protects applicants and employees from discrimination based on<br />

genetic information in hiring, promotion, discharge, pay, fringe benefits,<br />

job training, classification, referral, and other aspects of employment.<br />

GINA also restricts employers’ acquisition of genetic information<br />

and strictly limits disclosure of genetic information. Genetic information<br />

includes information about genetic tests of applicants, employees,<br />

or their family members; the manifestation of diseases or disorders in<br />

family members (family medical history); and requests for or receipt<br />

of genetic services by applicants, employees, or their family members.<br />

RETALIATION<br />

All of these Federal laws prohibit covered entities from retaliating<br />

against a person who files a charge of discrimination, participates in a<br />

discrimination proceeding, or otherwise opposes an unlawful employment<br />

practice.<br />

WHAT TO DO IF YOU BELIEVE<br />

DISCRIMINATION HAS OCCURRED<br />

<strong>The</strong>re are strict time limits for filing charges of employment discrimination.<br />

To preserve the ability of the U.S. Equal Employment Opportunity<br />

Commission (EEOC) to act on your behalf and to protect your<br />

right to file a private lawsuit, should you ultimately need to, you should<br />

contact EEOC promptly when discrimination is suspected: <strong>The</strong> U.S.<br />

Equal Employment Opportunity Commission (EEOC), 1-800-669-<br />

4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals<br />

with hearing impairments). EEOC field office information is<br />

18<br />

east los angeles college

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