Santa Monica College is committed to ensuring the highest standards of quality for its student body, faculty and staff. In order to accomplish this goal the college must have a diverse staff and student body reflective of our pluralistic society and a work and learning environment free of intimidation, harassment or unlawful discrimination, whether purposeful or inadvertent.
Staff and students are protected against discrimination and harassment under Santa Monica College Board Policy and Administrative Regulations, as well as a number of federal and state statues.
Please Note: Santa Monica College is currently reviewing many of its Board Policies and Administrative Regulations. The links found below reflect current Board Policy and Administrative Regulations and are in the process of being updated. (Spring 2009)
Links to the appropriate Board Policies pertinent to Equal Employment Opportunity, Anti-Discrimination and Harassment policies are as follows:
· BP 2410 Non-Discrimination on the Basis of Disability
· BP 3120 Diversity/Affirmative Action
· BP 3121 Non-Discrimination in Employment
· BP 3122 Sexual Harassment
Links to the appropriate Administrative Regulations and Anti-Discrimination/Harassment Complaint Form pertinent to Equal Employment Opportunity, Anti-Discrimination and Harassment policies are as follows:
· AR 3120 Equal Employment Opportunity Program and Discrimination Complaint Procedure
· AR 3121 Sexual Harassment Prevention
· Alleged Discrimination/Harassment Complaint Form
Summary of Federal Laws & Links to EEOC website
U.S. Equal Employment Opportunity Commission website (English): www.eeoc.gov/
U.S. Equal Employment Opportunity Commission website (Spanish): www.eeoc.gov/es/index.html
United States Office of Civil Rights (OCR) [For Student and non-Employee Complaints]
EEOC publications in languages other than English are available at the U.S. Equal Employment Opportunity Commission: www.eeoc.gov/publications.html . Other languages include:
Arabic, Chinese, Haitian Creole, Korean, Russian, Spanish, Vietnamese
Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), 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;
· Use of company facilities;
· Training and apprenticeship programs;
· Fringe benefits;
· Pay, retirement plans, and disability leave;
· Other terms and conditions of employment.
Discriminatory practices under these laws also include:
· Harassment on the basis of race, color, religion, sex, national origin, disability or age;
· 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 performances of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
· Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
· Title VII also prohibits discrimination because of a participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
Other Discriminatory Practices Under Federal EEO Laws:
Title VII: Prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion or sex.
National Origin Discrimination:
· It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
· A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.
· The Immigration Reform and Control Act (IRCA) of 1986 require employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA: verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate the IRCA.
An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.
Title VII’s broad prohibitions against sex discrimination specifically cover:
· Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment.
· Pregnancy Based Discrimination – Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.
Age Discrimination in Employment Act:
The ADEA’s broad ban against age discrimination also specifically prohibits:
· Statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification;
· Discrimination on the basis of age by apprenticeship programs; including joint labor-management apprenticeship programs; and
· Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
Equal Pay Act:
The Equal Pay Act (EPA) prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.
Titles I and V of the Americans with Disabilities Act
The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:
· Individual with a Disability – An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.
· Qualified Individual with a Disability – A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.
· Reasonable Accommodation – Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.
· Undue Hardship – An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer’s business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business’ size, financial resources, and the nature and structure of its operation.
Prohibited Inquires and Examinations:
Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.
Drug and Alcohol Use:
Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA’s restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.
Summary of State of California Laws
State of California EEOC website: www.dfeh.ca.gov
Publications and Documents: www.dfeh.ca.gov/DFEH/Publications/Default.aspx
Contact State of California Department of Fair Employment & Housing: www.dfeh.ca.gov/DFEH/contact/Default.aspx
The Fair Employment and Housing Act specifies:
· Prohibits discrimination in all aspects of employment including hiring, termination and terms and conditions.
· Prohibits harassment of employees or applicants and requires employers to take all reasonable steps to prevent harassment from occurring.
· Requires that all employers provide information to each of their employees describing the forms of sexual harassment, its illegality, the internal and external complaint processes and legal remedies.
· Requires employers to reasonably accommodate employees or job applicants with disabilities in order to enable them to perform the essential functions of the job.
· Requires employers to provide leaves of up to four months to employees disabled because of pregnancy or childbirth.
· Requires an employer to provide reasonable accommodations requested by an employee, with the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions.
· Requires employers of 50 or more persons in a 75 mile radius to allow eligible employees to take up to 12 weeks leave in a 12-month period for the birth of a child, the placement of a child for adoption or foster care, for an employee's own serious health condition, or to care for a parent, spouse, or child with a serious health condition. (Employers are required to post a notice informing employees of their family and medical leave rights.)
· Requires employment agencies to serve all applicants equally; to refuse discriminatory job orders; to refrain from prohibited pre-employment inquiries or advertising.
· Prohibits discrimination by unions in membership or employment referrals.
· Prohibits retaliation against any person who has filed a complaint with the Department, participated in a Department investigation or opposed any activity prohibited by the Act.
The law provides for a variety of remedies, which may include:
· Back Pay
· Cease and Desist Orders
· Damages for Emotional Distress
· Reasonable Attorneys Fees and Costs
· Expert Witness Fees
· Administrative Fines and Court Ordered Punitive Damages
Persons who believe they have experienced employment discrimination may file a DFEH complaint.
Complaints must be filed within one year from the date of the alleged discrimination.