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Policies and Procedures Main Page
The City University of New York Employment
Discrimination Complaint Procedure
The City University of New York adheres to federal, state and city
laws and regulations regarding equal employment opportunity and affirmative
action. Federal laws that incorporate equal employment opportunity components
include, among others, Title VII of the Civil Rights Act of 1964, as amended
in 1991, Title IX of the Educational Amendments of 1972, the Age Discrimination
in Employment Act, the Americans with Disabilities Act, Section 504 of
the Rehabilitation Act of 1974, and the Immigration Reform and Control
Act of 1986. The University also complies with New York State and New
York City human rights laws. Collectively, these laws prohibit discrimination
in employment on the basis of race, color, religion, gender, national
origin or citizenship status, disability, age, marital status, sexual
orientation, prior arrest or conviction record under certain conditions',
and genetic predisposition or carrier status. These laws also prohibit
retaliation against an individual for raising an allegation of discrimination,
filing a complaint alleging discrimination, or participating in a proceeding
to determine if discrimination has occurred. The affirmative action laws
governing The City University of New York include Executive Order 11246,
as amended, Section 503 of the Rehabilitation Act of 1973, and Section
402 of the Vietnam Era Veterans Readjustment Act of 1974. . 'The affirmative
action policies and practices of The City University of New York are part
of CUNY's goal to provide equal employment opportunity and prevent discrimination.
Such policies and practices of The City University of New York apply to
persons in federally protected groups including women, persons with disabilities,
Vietnam Era veterans, Blacks, Hispanics, Asian/Pacific Islanders, and
American Indians/Alaskan Natives. In addition, the University has designated
Italian Americans as a protected group for whom these policies apply.
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Discrimination can take several forms. It can occur when a person is excluded
from an employment opportunity or treated less favorably than other similarly
situated persons because of race, color, religion, gender, national origin
or citizenship status, disability, age, marital status, sexual orientation,
prior arrest or conviction record, genetic predisposition or carrier status,
or any other basis prohibited by law. This type of discrimination is considered
"disparate treatment" or a difference in treatment. "Adverse impact" discrimination
results from neutral employment policies and practices that may be applied
evenly to all applicants or employees but have the effect of disproportionately
excluding a group with a protected status. The failure to reasonably accommodate
the religious practices of an applicant or employee, as well as the failure
to provide reasonable accommodations for the known disabilities of an
otherwise qualified applicant or employee, may be also discriminatory.
Furthermore, harassment on any of these bases is contrary to law. The
ADA also provides protections on the basis of a person's perceived protected
status.
The laws prohibiting discrimination in employment apply to all terms and
conditions of employment, including, but not limited to, recruitment,
testing, selection, hiring, work assignments, salary and benefits, performance
evaluations, promotions and tenure, training opportunities, transfers,
discipline, discharge, and working conditions.
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1 The assessment of the conviction record of an applicant
or employee must be reviewed in accordance with CUNY policies and the
New York State correction Law, Sec. 752, which among other things, states
that if them is a direct relationship between one or more of the applicant's
previous convictions and the specific employment sought, or where employing
the applicant poses an unreasonable risk to property or to die safety
or welfare of specific individuals or the general public, then the discrimination
is not unlawful.
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