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<< Policies and Procedures Main Page

The City University of New YorkThe City University of New York Employment
Discrimination Complaint Procedure 

Introduction

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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I. Discrimination Defined

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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