Discrimination

University policy as well as New York State and Federal Law prohibit employment discrimination. The Office of Diversity and Inclusion (ODI) ensures that the University is in compliance with State, Federal and local non-discrimination Laws and Executive orders by receiving, reviewing and investigating allegations of unlawful discrimination. Furthermore, the University actively promotes a climate of tolerance and will vigorously address all forms of discrimination.

To file a complaint

If you elect to file an informal or formal complaint of discrimination or sexual harassment, please refer to theDiscrimination and Sexual Harassment Complaint Procedures. These procedures contain information about the internal complaint process as well as information about state and federal agencies through which you may also file a complaint. To process an internal complaint, please fill out “Appendix C” and return it to the Office of Diversity and Inclusion located in University Hall, room 207.
Consultation and/or Filing a Complaint

What is unlawful employment discrimination?

Employment discrimination is an action or behavior that results in negative or different treatment of an individual based upon any protected status, including but not limited to, race, ethnicity, color, religion, national origin, sex, sexual orientation, gender identity and expression, disability, age, marital status, or protected veteran status.

Harassment is a form of discrimination and violates University policy when:

  • The offensive conduct explicitly or implicitly becomes a term or condition of employment or participation in a University course, program or activity; or
  • The conduct creates an environment that a reasonable person would consider intimidating, hostile, or offensive.

The law prohibits not only intentional discrimination, but also practices that have a discriminatory effect.

What discriminatory practices are prohibited by Federal and State Non-discrimination laws?

According to Federal and State non-discrimination laws, it is illegal to discriminate in any aspect of employment, including:

  • Hiring and firing;
  • Compensation, assignment, or classification of employees;
  • Transfer, promotion, layoff, or recall;
  • Job advertisements;
  • Recruitment;
  • Testing;
  • Use of company facilities;
  • Training and apprenticeship programs;
  • Fringe benefits;
  • Pay, retirement plans, and disability leave.

Discriminatory practices under these laws also include:

  • Harassment on the basis of one or more protected statuses;
  • Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
  • Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals based on characteristics including but not limited to race, color, religion, or ethnic group, age, sex, sexual orientation, gender identity and expression, national origin, language or origin, individuals with disabilities, veteran status, genetics, marital or parental status, domestic partner status and socio-economic status,
  • Denying employment opportunities to a person because of marriage to, or association with, an individual of a protected status group. Federal law also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

What you can do if you believe you have been discriminated against or harassed

Everyone at the University has the right to experience an environment free from discriminating and harassing behavior.

If you feel that you have been a victim of or if you observe discriminatory or harassing behavior:

  • Address the harassing behavior with the offender, not the values of the person. Identify specific behaviors you find offensive. If you are not, comfortable addressing the person directly, seek support in confronting the behavior. There are many resources available on campus to assist you (See back of pamphlet).
  • Document the harassment (dates, times, names, documents, places, witnesses, etc.)
  • Faculty, staff and students may contact the Office of Diversity and Inclusion to discuss and receive guidance and/or file a complaint.
  • If you are a student, and the situation is sexual assault and/or harassment, contact the Sexual Assault Resource Center for assistance. Cases involving student on student sexual harassment outside of the employment setting will be handled in accordance with the Community Rights and Responsibilities handbook. The Office of Conflict Resolution and Civic Responsibility is responsible for the investigation and resolution of such allegations.
  • Talk to a faculty member, staff administrator, supervisor, Human Resources professional, University Counseling Center staff member (for students) or Employee Assistance Program (for faculty, staff and administrators) for support.

Confidentiality

To the extent practicable, and consistent with applicable law, the confidentiality of all individuals involved in and all information related to a complaint investigation and/or resolution process will be maintained. Such information will be disseminated only to those individuals with a legitimate need to know for the purpose of investigating or resolving a complaint, or as required by law.

Retaliation

Federal and state law prohibits retaliation against individuals who oppose unlawful employment discrimination, participate in employment discrimination proceedings, and investigations or otherwise assert their rights under the law. Retaliation is serious and sanctions may be imposed if it is found to have occurred.

Consultation and/or Filing a Complaint

These advocates can listen, answer your questions and discuss your options.

Office of Diversity and Inclusion

Dr. Tamra Minor
Chief Diversity Officer,
Assistant Vice President
Title IX Coordinator

Geoffrey P. Gabriel
Personnel Associate

University Hall 207
518-956-8110
odi@albany.edu

Office of Conflict Resolution & Civic Responsibility

(Student Success)

Clarence L. McNeill
Director
Campus Center, CC 538
518-442-5501
cmcneill@uamail.albany.edu

University Counseling Center

518-442-5800

University Police Department

1400 Washington Avenue
University Police Building
518-442-3132