Resolving Discrimination, Harassment, and Retaliation Complaints

Effective Date:

April 22, 2019

Function:

Human Resources

Contact:

Vice President for Human Resources

Basis for Procedure

The Research Foundation for The State University of New York ("Research Foundation" or "RF") has established this procedure, consistent with the Equal Employment Opportunity and Antidiscrimination Policy, to provide individuals with methods for resolving Discrimination, Harassment, or Retaliation complaints as quickly and effectively as possible.

Procedure Summary

The Research Foundation is committed to promoting a work environment that supports diversity, inclusion, and respect for individual differences, and promotes and maintains a work environment free of Discrimination, Harassment, or Retaliation. This procedure outlines the steps an Employee must take when reporting a potential violation of the Equal Employment Opportunity and Antidiscrimination Policy.

Procedure for Employee Complaints

Research Foundation employees who believe they have been subjected to Discrimination, Harassment, or Retaliation or who are aware of Discrimination, Harassment, or Retaliation in violation of RF policy must report any such violationsto a supervisor, manager, RF campus human resources office ("RF Campus HR"), campus diversity office, RF Operations Manager or Deputy Operations Manager, the RF Central Human Resources Office ("RF Central HR"), the Office of General Counsel, the Office of Internal Audit, the Office of Compliance Services, or anonymously through the RF’s Ethics Hotline.

The Research Foundation takes complaints about Discrimination, Harassment, and Retaliation very seriously and will ensure a prompt review of such complaints. Employees should provide names of witnesses, supporting documentation (notes, emails, etc.), and any other relevant information to facilitate the investigation to the extent such information is known or available to the individual. Employees are required to participate fully under this procedure and to provide truthful and complete information.

Where there is a Discrimination, Harassment, or Retaliation complaint against an individual who is not on the RF payroll or where there is more than one employer involved, the RF may, at its discretion, refer the complaint to the appropriate employer for review/investigation.

Statement on Confidentiality: Information gathered during any investigation into alleged instances of Discrimination, Harassment, or Retaliation will be handled discreetly. In some instances, however, it may be necessary to disclose information in order to conduct a thorough review. The Research Foundation will take steps to ensure that confidentiality is maintained, where practicable.

If you experience or are aware of an incident involving Sexual Harassment, please refer to the Research Foundation’s Sexual Harassment Prevention Policy immediately.

Definitions

Discrimination - treatment of an individual based on that individual's Protected Trait. Differences in treatment are not Discrimination under this policy where those differences are permitted or required by 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, familial 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 Procedure for Resolving Discrimination, Harassment, or Retaliation Complaints, or engaging in lawfully protected activities.

    Sexual Harassment – A form of unlawful sex discrimination which includes harassment on the basis of sex, sexual orientation, gender identity and the status of being transgender. Sexual harassment includes unwelcome conduct that is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

Related Information

Equal Employment Opportunity and Antidiscrimination Policy

Forms

None

Change History

Date

Summary of Change

April 22, 2019

Update for consistency with changes in the EEO Policy.

April 4, 2017

In Responsibilities Section, changed the Responsible Party "Corporate Manager of Employee Relation and Affirmative Action" to "Vice President for Human Resources".

February 2, 2017

Updated to streamline and make more efficient the process for employees to resolve discrimination, harassment, and retaliation complaints.

March 1, 2006

Completely revamped procedure and responsibilities.

June 17, 2004

Updated a link in the Cross References section.

 

 

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