Equal Employment Opportunity and Antidiscrimination Policy

Effective Date:

February 21, 2017

Supersedes:

Previous EEO policies, including Equal Employment Opportunity Policy, Nondiscrimination on the Basis of Age Policy, Nondiscrimination on the Basis of Sexual Orientation, Discrimination Policy, Employment of Disable Individuals Policy, and Employment of Special Disabled, Vietnam Era, and Other Protected Veterans, Affirmative Action Policies Summaries

Policy Review Date:

This policy will be reviewed by the Manager of Employee Relations and Affirmative Action and the Office of General Counsel annually on the anniversary of the effective date and may be updated as needed.

Issuing Authority:

Research Foundation President

Responsible Party:

Vice President of Human Resources

Contact Information:

518.434.7139

kathleen.caggiano-siino@rfsuny.org

Reason for Policy

The Research Foundation for The State University of New York ("Research Foundation" or "RF") established this policy to provide equal employment opportunities for all qualified persons, to prohibit discrimination in employment, and to promote the full realization of employment opportunities through outreach programs as reflected in affirmative action plans.

Consistent with the goals and standards outlined in the Code of Conduct, the RF promotes and supports a work environment where conduct is based on mutual respect, fairness, and integrity. Employees are expected to be polite, fair, and respectful of one another and those within the communities we serve.

Statement of Policy

The Research Foundation is committed to equal opportunity and non-discrimination in employment for all qualified persons without regard to race, color, religion, sex, gender identity or expression, national origin, citizenship, age, creed, disability, veteran status, marital status, familial status, military status, domestic violence victim status, sexual orientation, genetic characteristics/genetic information, or any other trait protected by federal, state, or local law. This policy applies to all employment practices including hiring, advertising, recruitment, promotion, demotion or transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training and development.

Affirmative Action Employer. As an affirmative action employer, the Research Foundation has established outreach programs to provide employment opportunities to women, racial minorities, and individuals with disabilities, special disabled veterans, Vietnam Era veterans, recently separated veterans, Armed Forces service medal veterans, and other protected veterans, consistent with federal law.

If you believe you are eligible for any of the Research Foundation’s affirmative action programs, you are invited to identify yourself as an eligible individual. This information is strictly voluntary and will be kept confidential. Refusal to provide such information will not subject the applicant or employee to any adverse treatment and will only be used in accordance with government regulations.

Reasonable Accommodations for Qualified Individuals with Disabilities. The Research Foundation is committed to providing equal employment opportunities to qualified individuals with disabilities. To that end, the Research Foundation will provide reasonable accommodations to such individuals during the application/hiring process or to perform the essential functions of their positions, except where doing so would pose an undue hardship. If you believe that you need a reasonable accommodation during the application/hiring process or to perform the essential functions of your position, you must notify your local operating location’s Human Resources office. The Research Foundation will work with you to develop a reasonable accommodation in connection with the application/hiring process or performance of the essential functions of your position. The Research Foundation retains the right to select which accommodations, if any, will be granted.

Prohibition Against Discrimination, Harassment, and Retaliation. The Research Foundation prohibits employees, representatives, vendors, contractors, or other persons doing business with or for the RF from engaging in Discrimination, Harassment, or Retaliation. Discrimination, Harassment, or Retaliation may not occur in the performance of Research Foundation business, at a Research Foundation sponsored event, or on Research Foundation or SUNY property. Discrimination, Harassment, and Retaliation is also prohibited in off-duty conduct between individuals who work together on RF business.

All employees are expected to comply with this policy and the Resolving Discrimination, Harassment, and Retaliation Procedure, to take appropriate measures to ensure that prohibited conduct does not occur, and to report any suspected policy violations to the local operating location’s Complaint Manager. An employee’s obligations under this Policy include reporting any violations witnessed by the employee, regardless of whether the employee was the victim or target of the offending conduct. The Research Foundation will take appropriate disciplinary action against any employee who violates this policy. Based upon the seriousness of the offense, disciplinary action may include verbal or written counseling, suspension, or termination of employment.

If you feel that you have been or are being subject to Discrimination, Harassment, or Retaliation in violation of this policy or if you are aware of any violation of this policy, please refer to the Research Foundation’s Procedure for Resolving Discrimination, Harassment, or Retaliation Complaints immediately.

Responsibilities

The following table outlines the responsibilities for compliance with this Policy:

Responsible Party

Responsibility

Corporate Vice President for Human Resources or delegate

Support corporate and local efforts to promote equal employment opportunities; support Complaint Managers in responding appropriately to Discrimination, Harassment, and Retaliation complaints as they arise.

Ensure that each operating location is complying with applicable affirmative action requirements;

Train affirmative action officers, as necessary, and inform them of changes in rules and regulations affecting individuals eligible for affirmative action programs;

Prepare the annual Equal Employment Opportunity Information Report and the Federal Contractor Veterans’ Employment Report; and

Update this Policy as necessary and disseminate revised policies to operating locations.

Office of General Counsel

Support Complaint Managers in responding appropriately to Discrimination, Harassment, and Retaliation complaints as they arise; and

Represent and counsel in legal and regulatory matters related to affirmative action, including OFCCP audits and conciliation agreements.

Operations Managers

Promote equal employment opportunities; and

Receive and responds appropriately to Discrimination, Harassment, and Retaliation complaints as they arise.

Complaint Managers

Ensure that the operating location properly complies with this Policy; and

Receive complaints of Harassment, Discrimination, and Retaliation and conducts or oversees internal investigations where appropriate.

Affirmative Action Officers

Oversee the operating location’s affirmative action efforts.

Supervisors and Employees

Comply with this Policy, Resolving Discrimination, Harassment, and Retaliation Procedure, and all other EEO-related policies and procedures.

Definitions

Complaint Manager - an individual or office designated by an operating location as the primary contact for complaints of Discrimination, Harassment, or Retaliation at that location. Contact information for the designated Complaint Manager can be found on the Research Foundation website.

Discrimination - treatment of an individual based on that individual's Protected Trait. Differences in treatment are not discrimination under this policy where differences in treatment are permissible under federal and state law.

Harassment - abuse, intimidation/threats/coercion, assault, and/or other unwelcomed conduct related to a Protected Trait, where the conduct has the purpose or effect of:

  1. unreasonably interfering with an individual’s work environment; or
  2. creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee.

    Such conduct includes verbal, visual, or physical conduct directed at an individual because of a Protected Trait, to include slurs, insults, insulting/derogatory pictures, assault, blocking ingress/egress, and other unwelcome behaviors.

    Protected Trait –sex, race, color, religion, national origin, citizenship, age, creed, disability, veteran status, marital status, military status, domestic violence victim status, sexual orientation or gender identity and expression, predisposing genetic characteristics/genetic information, or any other category protected by applicable federal, state, or local law.

    Qualified Person – an applicant or employee who meets the skill, experience, education, or other requirements of an employment position that s/he holds or seeks and who can perform the essential functions of the position with or without reasonable accommodation.

    Retaliation - any adverse action or credible threat of an adverse action taken by the Research Foundation or any individual doing work for or on behalf the Research Foundation, in response to a complaint of Discrimination or Harassment, participation in an investigation under the RF Procedure for Resolving Discrimination, Harassment, or Retaliation Complaints, or engaging in lawfully protected activities.

    Sex Harassment – Harassment that is sexual in nature or based on an individual’s sex. Conduct that may violate RF policy includes but is not limited to:

Related Information

If you believe that this policy has been violated, please refer to the Procedure for Resolving Discrimination, Harassment, and Retaliation Complaints.

Forms

Voluntary Self-Identification of Disability (Form CC-305)

Voluntary Invitation to Disclose Veteran Status Form

Change History

Date

Summary of Change

February 21, 2017

See Supercedes list on page 1.

 

 

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