Laws, Policies & Procedures

The University at Albany observes all federal and state laws and has adopted and implemented several policies and procedures to promote a respectful, safe, and nonthreatening environment for its students, faculty, staff, and visitors.

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UAlbany Policies & Procedures

Student Bill of RightsThe rights listed in the Student's Bill of Rights are afforded to all students reporting sexual violence, as well as all students accused of sexual violence.

Title IX Grievance Policy: This policy ensures the University's compliance with federal Title IX regulations.

Sexual Violence Response Policy: Developed in accordance with recognized best practices, this policy informs the institutional response to sexual violence when it occurs within our campus community. This policy fully complies with the mandates of relevant law and policy, including Title IX, the Violence Against Women Act and New York State’s Enough is Enough legislation.

Community Rights and Responsibilities: UAlbany's student code of conduct sets forth the behavioral expectations of UAlbany students. Section 5 addresses the procedures that will be followed when an incident involving sexual misconduct has been referred to the Office of Community Standards for administrative adjudication.

University at Albany Student Sanction Guide: This guide sets forth the range of sanctions that can be imposed after an administrative finding that a student has violated one or more provisions of Community Rights and Responsibilities.

Transcript Notation Procedures in Sexual Misconduct Cases: New York State Education Law article 129-b, known as "Enough is Enough," requires that certain notations be made on the transcripts of students who have been dismissed or suspended from the University at Albany for a sexual misconduct violation.

Non-Discrimination Notice: The University at Albany prohibits all forms of discrimination.

Discrimination Complaint Procedure: The Title IX Coordinator is responsible for coordinating the institutional response to instances of discrimination based upon a person's sex, sexual orientation, gender identity, familial status, pregnancy, or domestic violence victim status. Complaints involving sex discrimination should be made to the Title IX Coordinator.

Request for Reasonable Accommodation for University Employees and Applicants for Employment: UAlbany is committed to assuring equal employment opportunity and equal access to services, programs and activities. It is the policy of the University to provide reasonable accommodation(s) to a qualified person with a disability to enable such person to perform the essential functions of the position for which they are employed or are applying for employment. The policy and procedures apply to all employment practices and actions.

Domestic Violence and the Workplace Prevention Policy: UAlbany, to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligations and collective bargaining agreements, will take all appropriate actions to promote safety in the workplace and to respond effectively to the needs of victims of domestic violence.

 

UAlbany

Federal Laws

The Equal Pay Act of 1963: This law makes it illegal to pay different wages to men and women if they perform substantially equal work in the same workplace. It also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title VII of the Civil Rights Act of 1964: This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. This law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

The Pregnancy Discrimination Act: This Act amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Sections 102 and 103 of the Civil Rights Act of 1991Among other things, this law amends Title VII and the Americans with Disabilities Act to permit jury trials and compensatory and punitive damage awards in international discrimination cases.

Executive Order No. 11246: This order prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. It also requires covered contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

The Age Discrimination in Employment Act of 1967 (ADEA): This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990: While the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted or funded by Federal agencies, and in Federal employment and employment practices of Federal contractors, the Americans with Disabilities Act extends these protections prohibiting discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in Title I of the Americans with Disability Act.

Sections 501 and 505 of the Rehabilitation Act of 1973: These sections make it illegal to discriminate against a qualified person with a disability in federal government. They also make it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Furthermore, the act also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Section 503 of the Rehabilitation Act of 1973This section prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain and promote qualified individuals with disabilities. All covered contractors and subcontractors must also include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts.

Section 504 of the Rehabilitation Act of 1973: This section prohibits discrimination on the basis of disability and applies to, among other entities, public elementary and secondary schools. Children with disabilities may be eligible for special education and related services. Section 504's definition of disability is broader than the Individuals with Disabilities Education Act (IDEA) definition.

Title I of the Americans with Disabilities Act of 1990 (ADA): Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Furthermore, the law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Americans with Disabilities Act Amendment Act of 2008 (ADAAA): This law emphasizes that the definition of disability should be construed in favor of a broad coverage of individuals to the maximum extent permitted by the terms of the ADA.

Title IX, Education Amendment of 1972: This law makes it illegal to discriminate against someone based on sex. Discrimination based on sex includes the exclusion of participation and access, denial of benefits, or subjection to discrimination under any education program or activity receiving federal financial assistance.

Title IX, Final Rule (2020): This final rule amends Title IX regulations regarding the investigation, review and adjudication of sexual harassment.

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA): This law requires federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, the law requires that contractors and subcontractors to list their employment openings with the appropriate employment service delivery system and that covered veterans receive priority in referral to such openings.

Jobs for Veterans Act (JVA): The JVA was approved in 2002 to revise and improve employment, training, and placement services provided for veterans.

The Genetic Information Non-discrimination Act of 2008 (GINA): This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e., an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Lily Ledbetter Fair Pay Act of 2009: This act grants employees the right to file an employment discrimination claim regarding compensation within the 180 day statute of limitation period of the most recent paycheck that included the discriminatory compensation, rather than within 180 days of the initial pay disparity.

 

Federal

New York State Laws

Executive Law, Article 15 of the Human Rights Law: This law requires employers to take responsibility to act to assure that every individual within is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity — whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care — not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state.

This law, as amended, also requires all employers — public and private, regardless of number of employee — to establish a workplace policy defining and prohibiting sexual harassment in the workplace and to train employees annually on the rights and obligations under policy and law. Harassment, including retaliatory harassment, need no longer by "severe or pervasive" to alter conditions of employment, but rather an activity is unlawful discrimination when it subjects an individual to inferior terms, conditions or privileges of employment because of the individual's membership in one or more protected classes. The law grants employers an affirmative defense where the harassment "does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences."

Sexual Orientation Non-discrimination Act of 2003 (SONDA): This act amends the Executive Law to include sexual orientation as a protected class in the areas of employment, housing, public accommodation, education and credit.

Gender Expression Non-discrimination Act of 2019 (GENDA): This law adds gender identity and gender expression to the state's human rights and state crimes laws as protected classes in the areas of employment, housing, and public accommodations.

Executive Order No. 19 (Governor Mario M. Cuomo): This order requires agencies to issue a strong management policy statement defining and prohibiting sexual harassment in the workplace. The policy statement should inform employees of their rights of redress, and the availability of complaint resolution channels and assistance with incidents or sexual harassment.

Executive Order No. 33 (Governor David A. Paterson): This order prohibits discrimination in state employment on the basis of gender identity.

Executive Order No. 8 (Governor Eliot Spitzer): This order removes barriers to minority and women business enterprises' participation in state contracting.

Executive Order No. 66 (Governor Mario M. Cuomo): This order established a Governor's Advisory Committee for Black Affairs.

Executive Order No. 77 (Governor Mario M. Cuomo): This order established membership of the Martin Luther King, Jr. Commission.

Executive Order No. 82 (Governor Mario M. Cuomo): This order established the Governor's Office for Hispanic Affairs.

Executive Order No. 96 (Governor Mario M. Cuomo): This order promotes a New York State policy against age discrimination in the workplace.

Executive Order No. 147 (Governor Mario M. Cuomo): This order established The Office of Indian Relations.

 

NYS

City of Albany Ordinances

Article III Omnibus Human Rights Law 1990: This law established that every individual within the city boundaries is afforded an equal opportunity to enjoy a full and productive life, free from violation of basic civil and human rights, and that discriminatory practices adversely affecting the equality of opportunity threaten the general welfare of the municipality and its inhabitants.

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