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Summary of Relevant Laws, Policies & Regulations for Affirmative Action & Equal Opportunity

Age

Consensual Relationships


Disability

Employment Discrimination

Gender Identity and Expression

Immigration

Pregnancy

Race

Religion/Creed

Sex Discrimination (Including Sexual Harassment)

Sexual Orientation

Veterans


AGE

Federal

  1. Age Discrimination in Employment Act (ADEA). Prohibits discrimination in employment for employees 40 or over. Covers employers engaged in interstate commerce with 20 or more employees.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


CONSENSUAL RELATIONSHIPS

UW System

  1. UW System Statement on Consensual Relationships. Directs UW System institutions to educate the university community about the professional risks associated with consensual romantic and/or sexual relationships where there is a potential conflict of interest or a potential abuse of power differential. Also directs UW System institutions to develop statements on consensual relationships. (Adopted by UW System Board of Regents July 12, 1991).

UW-Madison

  1. UW-Madison Statement on Consensual Relationships. (Faculty Document # 940, 6-April-1992 and Academic Staff Document # 092, 13-April-1992. Supersedes UW-Madison Consensual Relationships Statement, September 1987). Statement on Consensual Relationships developed jointly by UW-Madison governance bodies in accordance with UW System directives. The UW-Madison statement contains a reporting policy requiring that, "where a conflict of interest exists, or may exist, in the context of a consensual romantic and/or sexual relationship, the individual with the power status or advantage shall notify his or her immediate supervisor. The supervisor shall have the responsibility for making arrangements to eliminate or mitigate a conflict whose consequences might prove detrimental to the university or to either party in the relationship."


DISABILITY

Federal

  1. Americans with Disabilities Act of 1990. Prohibits employers from discriminating against qualified applicants and employees on the basis of disability in any aspect of employment. The act requires employers to provide reasonable accommodations to enable employees with disabilities to perform the essential functions of their jobs, unless doing so would impose an undue burden on the operation of the business.

  2. Federal Rehabilitation Act of 1973 - Section 503. Requires affirmative action in employment of handicapped persons. Covers employers with government contracts in excess of $2500.00. Section 503 requires employers with 50 or more employees and with contracts of $50,000 or more to prepare a written Affirmative Action Plan.

  3. Federal Rehabilitation Act of 1973 - Section 504. Prohibits discrimination against qualified handicapped individuals. Also prohibits denial of benefits and exclusion from participation in programs.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.

UW-Madison

  1. UW-Madison Prohibited Harassment Policy. Parts I and II prohibit sexual harassment by campus employees. Parts III and IV prohibit harassment by campus employees on the basis of gender, race, cultural background, ethnicity, sexual orientation and handicap. (Prohibited Harassment: Definitions and Rules Governing the Conduct of UW-Madison Faculty and Academic Staff. Faculty Document # 786, 6-February-1989 and Academic Staff Document # 021, 21-February-1989).


EMPLOYMENT DISCRIMINATION

Federal

  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classifyemployees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.

  2. Executive Order 11246 requires federal contractors with contracts in excess of $10,000 to include antidiscrimination clauses in their contracts. If contractor has 50 or more employees and contract exceeds $50,000 a written affirmative action plan is required.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.


GENDER IDENTITY AND EXPRESSION

UW System

  1. UW System Board of Regents, Regents Policy Documents, Section 17: Equal Opportunity Policies: Education and Employment, 17 - 4, Equal Employment Opportunities, (Formerly 75-5), I. Policy Statement. "It is, and continues to be, the policy of the University of Wisconsin System to adopt and support measures designed to prevent and eliminate discrimination against employees and prospective employees of the University of Wisconsin System on the basis of race, color, religion, sex, gender identity or expression, national origin, age, or physical handicap.

  2. As a part of this policy, the University of Wisconsin System is committed to the implementation of affirmative action employment programs to recruit, employ, and promote qualified women and minorities. System administrators and the University faculties shall continue to take such steps as may be necessary to accelerate the final elimination of any and all vestiges of discrimination because of race, color, religion, sex, gender identity or expression, national origin, age, or physical handicap that may still exist in the employment policies, practices and/or procedures of the University of Wisconsin System." History: Res. 1051 adopted 8/15/75, amended by Res. 8963, 2/05. (With 1982 amendments from 82-4.) Please refer to: http://www.uwsa.edu/bor/policies/rpd/rpd17-4.htm

UW-Madison

  1. UW-Madison Prohibited Harassment Policy. Parts I and II prohibit sexual harassment by campus employees. Part III, "Expression in Instructional Settings" and Part IV, "Protected and Unprotected Expression in Non-Instructional but Work-Related Settings," address expression directed at a specific student, employee or recipient of University services that clearly derogates or debases him or her on the basis of gender, gender identity and expression, race, religion, ethnicity, sexual orientation or disability. (Faculty Policies and Procedures, II-303, Prohibited Harassment: Definitions and Rules Governing the Conduct of UW-Madison Faculty and Academic Staff. Faculty Document # 786, 6-February-1989 and Academic Staff Document # 021, 21-February-1989). Please refer to: http://www.secfac.wisc.edu/governance/legislation/Pages300-399.htm#303


IMMIGRATION

Federal

  1. Immigration Reform and Control Act of 1986. Prohibits hiring individuals who cannot provide verification of identity or authorization to work in the United States. Covers all employers in the United States.


PREGNANCY

Federal

  1. Pregnancy Discrimination Act of 1978. Prohibits treating a female applicant or employee differently from male applicant or employee on the basis of the female's pregnancy or capacity to become pregnant. Amends Title VII of the Civil Rights Act of 1964.

State

  1. Chapter 111.36, Wisconsin Statutes, (Fair Employment Act). Prohibits discrimination against any woman on the basis of pregnancy childbirth, maternity leave or related medical conditions.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


RACE

Federal

  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.

State

  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

  2. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.

  3. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.' Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


RELIGION/CREED

Federal

  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.

State

  1. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.

  2. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the befits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.


SEX DISCRIMINATION (INCLUDING SEXUAL HARASSMENT)

Federal

  1. Civil Rights Act of 1964 - Title VII. Prohibits employment discrimination on the basis of race, color, national origin, religion, sex, and pregnancy, including childbirth or related condition. Covers all employers engaged in interstate commerce with 15 or more employees.

  2. U.S. Equal Employment Opportunity Commission (EEOC), Definitions of, and Guidelines on Sexual Harassment. November 10, 1980. Prohibits sexual harassment in the workplace for employees with 15 or more employees.

  3. Equal Pay Act of 1963. Prohibits pay differentials on the basis of sex in substantially equal work requiring equal skill, effort, and responsibility under similar working conditions.

  4. Title IX of the Education Amendments of 1972, as amended. This statue prohibits discrimination on the basis of sex, including sexual harassment, in educational programs and activities that receive assistance from the Federal government.

State

  1. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.

  2. Chapter 111.36,(1) (a), (b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation.

  3. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.

UW System

  1. UW System Sexual Harassment Policy Statement & Implementation. Defines sexual harassment and directs UW System institutions to develop and implement policies, procedures, and programs to eliminate sexual harassment. (Adopted by the UW System Board of Regents on May 7, 1981. Amended April 10, 1987).

UW-Madison

  1. UW-Madison Prohibited Harassment Policy. Parts I and II prohibit sexual harassment by campus employees. Parts III and IV prohibit harassment by campus employees on the basis of gender, race, cultural background, ethnicity, sexual orientation and handicap. (Prohibited Harassment: Definitions and Rules Governing the Conduct of UW-Madison Faculty and Academic Staff. Faculty Document # 786, 6-February-1989 and Academic Staff Document # 021, 21-February-1989).

  2. UW-Madison Sexual Harassment Policy for Classified Personnel. Provides additional protection for classified employees and is included in labor agreements for classified employees.

  3. Sexual Harassment Contact Persons. Faculty and staff designated by college, division, employing unit or department to provide first-line contact for persons wishing to inquire about the subject of sexual harassment, raise a concern or file a complaint.


SEXUAL ORIENTATION

State

  1. Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.

  2. Chapter 111.31(1), (2), and (3), Wisconsin Statutes, prohibits discrimination in employment on the basis of sexual orientation. Chapter 111.36(1) (a),(b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation. Chapter 112, Laws of 1981, published on March 2, 1982, amended the Wisconsin Statutes by prohibiting discrimination on the basis of sexual orientation.

UW-Madison

  1. UW-Madison Prohibited Harassment Policy. Parts I and II prohibit sexual harassment by campus employees. Parts III and IV prohibit harassment by campus employees on the basis of gender, race, cultural background, ethnicity, sexual orientation and handicap. (Prohibited Harassment: Definitions and Rules Governing the Conduct of UW-Madison Faculty and Academic Staff. Faculty Document # 786, 6-February-1989 and Academic Staff Document # 021, 21-February-1989).

  2. Sexual Harassment Contact Persons. Faculty and staff designated by college, division, employing unit or department to provide first-line contact for persons wishing to inquire about the subject of sexual harassment, raise a concern or file a complaint.


VETERANS

Federal

  1. Vietnam Era Veteran's Readjustment Assistance Act. Requires affirmative action regarding Vietnam Era veterans and disabled veterans. Covers all employers with federal contracts of $10,000.00 or greater. Employers with 50 or more employers and contracts of $50,000.00 or more must develop a written Affirmative Action Plan.

  2. Federal Military Selective Service Act. Provides employees returning from U.S. military service the same wages, benefits, and rights as the employee would have received had he/she not left to serve. Normally, employee must reapply within 90 days after release from service. Employment discrimination against Reservists is barred.

State

  1. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.

 

 

 
 
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