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Equal Employment Opportunity

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EQUAL EMPLOYMENT OPPORTUNITY NON-DISCRIMINATION STATEMENT

Bowie State University shall not discriminate against any individual on the basis of race, color, religion, age, ancestry or national origin, sex, sexual orientation, disability, marital status or veteran status. All policies, programs, and activities of Bowie State University are and shall be in conformity with all pertinent Federal and state laws of nondiscrimination including, but not limited to: Title VII of the Civil Rights Act of 1964, as amended, Title IX of the Education Amendments of 1972, the Equal Pay Act of 1963, the Age Discrimination Act, Sections 503 and 504 of the Rehabilitation Act of 1973,  the Americans with Disabilities Act of 1990, Federal Executive Order No. 11375, and Article 49B of the Annotated Code of Maryland. This commitment applies in all areas and embraces faculty, staff, and students.

Equal opportunity of access to academic and related programs shall be extended to all persons. Bowie State University shall have as its firm objective equal opportunity in recruitment and hiring, rate of pay, all other promotions, training, retention and dismissals, for all employees and applicants for employment. The University will stress equal access for employees and applicants for employment to all programs and services provided by the University both on and off campus. The University will also provide equal opportunity and an atmosphere of nondiscrimination with respect to women and members of minority groups in all its operations. In addition, the University shall promote equal opportunity and equal treatment through a positive and continuing Affirmative Action Program.

In addition, employment decisions at the University are based only on job-related criteria. All personnel actions or programs that affect qualified individuals with disabilities or covered veterans, such as employment, upgrading, demotion or transfer, recruitment, advertising, termination, rate of pay or other forms of compensation, and selection for training, will be made without discrimination based upon the individual's physical or mental disability or veterans' status.

The University makes, and will continue to make, reasonable accommodations to promote the employment of qualified individuals with disabilities and disabled veterans, unless such accommodations would impose an undue hardship on the University's business.

The AAP includes an audit and reporting system, which, among other things, measures the effectiveness of the AAP. All managers and supervisors will take an active part in the University's AAP to ensure that all qualified employees with disabilities and covered veterans and prospective employees are considered and treated in a non-discriminatory manner with respect to all employment decisions. Furthermore, Bowie State University will solicit the cooperation and support of all employees for the University's policy and AAP.

In accordance with public law, the University's plan of affirmative action for individuals with disabilities and covered veterans will be available for inspection in the Human Resources Department during regular business hours, upon request.

In addition, employees and applicants will not be subjected to harassment, intimidation, threats, coercion, or discrimination because they have engaged in, or may have engaged in, activities such as filing a complaint, assisting or participating in an investigation, compliance review or hearing, or opposing any act or practice made unlawful, or exercising any other right protected by Section 503 of the Rehabilitation Act of 1973, as amended or the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended.



EQUAL EMPLOYMENT OPPORTUNITY (EEO)

Overview

The Equal Employment Opportunity (EEO) Officer works with all members of faculty and staff, committees and departments throughout the University, to design and implement programs to increase diversity and ensure equal opportunity for students, employees and applicants for employment or admission.

The EEO Officer is responsible for the administration and implementation of the following EEO initiatives:

  • Affirmative Action (AA)
  • Discrimination, as outlined in Title VII of the Civil Rights Act of 1964
  • Sexual Harassment
  • Title IX of the Education Amendments of 1972
  • Americans with Disabilities Act (ADA) of 1990, as amended
  • Section 503 of the Rehabilitation Act of 1973
  • Section 504 of Rehabilitation Act of 1973
  • Training and Outreach

The EEO Officer investigates complaints of discrimination and sexual harassment; responds to complaints filed with external agencies; provides training on EEO programs and its relevant components; and assists management with providing reasonable accommodations, among other tasks.

The EEO Officer manages a Reasonable Employment Accommodations Program for persons with disabilities. Reasonable accommodation is the key component of the Reasonable Employment Accommodations Program. Individuals with disabilities may contact the EEO Officer for reasonable accommodations in employment, the application and hiring process. Request forms are available under the ADA section.

Any student, employee, or applicant who is concerned about affirmative action, equal opportunity, sexual harassment, racial harassment, or fairness in admissions or employment at BSU, either in a general sense or with respect to his or her own situation, is encouraged to contact the EEO Officer. All inquiries are treated in a confidential manner, as circumstances permit. Complaint forms are available under each EEO program link.



DISCRIMINATION IN THE WORKPLACE

Discrimination in the workplace is prohibited by the following laws:

  • Executive Order 01.01.01.16- Governor's Code on Fair Employment Practices
  • Article 49B of the Annotated Code of Maryland
  • Title 20, Human Relations, Subtitle 6- Discrimination in Employment
    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
  • the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
  • The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
  • Title I and Title II of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
  • Section 503 of the Rehabilitation Act of 1973 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.
  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and

It is illegal to discriminate in any aspect of employment, based on the aforementioned anti-discrimination laws, including:

  • Hiring and firing;
  • Compensation, assignment, or classification of employees;
  • Transfer, promotion, layoff, or recall;
  • Job advertisements;
  • Recruitment;
  • Testing;
  • Use of company facilities;
  • Training and apprenticeship programs;
  • Fringe benefits;
  • Pay, retirement plans, and disability leave; or
  • 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, genetic information 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 performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; 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 participation in schools or places of worship associated with a particular racial, ethnic, or religious group. (http://www.eeoc.gov/facts/qanda.html)

If you would like to file a complaint of discrimination, with the BSU Office of Equal Employment Opportunity Programs, please click the following link to download a Discrimination Complaint Form.

If you have any questions or concerns, please contact the University's EEO Officer, Melanie Barr, at 301-860-3442 or mbarr@bowiestate.edu.



AFFIRMATIVE ACTION

An affirmative action program contains a set of specific, result-oriented procedures to which a University commits itself and applies a good faith effort to attain. The purpose of such procedures is equal employment opportunity. Affirmative Action remedies past discrimination by establishing action-oriented programs for the assimilation of minorities and women in the workforce including students.

Affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative actions include training programs, outreach efforts, and other positive steps.

Bowie State University (BSU or the University) is required by Federal law, Executive Order 11246 and the Vietnam's Era Veterans Readjustment Act of 1974, to request and maintain summative data regarding the racial/ethnic, sex, and veteran status of applicants for employment. This information provides BSU and the Federal government with information necessary to monitor the university's progress.

To further its commitment to equal employment opportunity and affirmative action, BOWIE STATE UNIVERSITY REQUESTS ALL APPLICANTS and CURRENT EMPLOYEES TO VOLUNTARILY COMPLETE THE APPROPRIATE FORM BELOW.

This information is for recordkeeping purposes ONLY and will be kept separate from an individual's personnel file and employment application. Any information provided below will NOT be considered in any employment practice.

The federal, regulating agency for Affirmative Action Programs is the United States Department of Labor, Office of Federal Contract Compliance Programs (OFCCP). For more information on affirmative action please visit www.dol.gov/ofccp.

The University's Affirmative Action Plan is available for review. If you have any questions or concerns, please contact the University's EEO Officer, Melanie Barr, at 301-860-3442 or mbarr@bowiestate.edu.


SEXUAL HARASSMENT

The Civil Rights Act of 1964 prohibits sex/gender discrimination, which includes sexual harassment.

Sexual harassment is defined as unwanted, unwelcome behavior of a sexual nature. Sexual harassment is one-sided, undeterred, and usually involves power and/or intimidation. It is unlawful to harass a person (an applicant or employee or student) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

There are three types of sexual harassment:

  1. Quid pro quo, meaning "this for that";
  2. Hostile, intimidating work environment, i.e., inappropriate touching, inappropriate jokes, threats;
  3. Third party sexual harassment, in which an individual is harmed in the workplace by decisions or activities that create a hostile workplace or exclude an individual from equal opportunity for advancement.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. (http://www.eeoc.gov/laws/types/sexual_harassment.cfm)

If you would like to file a complaint of gender/sex discrimination, with the BSU Office of Equal Employment Opportunity Programs, please click the following link to download a Discrimination Complaint Form.

For additional information, contact Melanie Barr, EEO Officer/Title IX Coordinator, at 301-860-3442 or mbarr@bowiestate.edu.



TITLE IX OF THE EDUCATION AMENDMENTS ACT OF 1972

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance.

Title IX states, "no person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance."

Programs and activities which receive United States Department of Education (ED) funds must operate in a nondiscriminatory manner. These programs and activities may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing employment, AND sexual harassment of students and employees.

Also, a recipient may not retaliate against any person because he or she opposed an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide a detailed discussion of discrimination prohibited by Title IX. (http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html)

Title IX requires the appointment of a Title IX Coordinator, who ensures notification of the University's Title IX policy. A student may file a complaint with the University's Title IX Coordinator or with the Student Conduct Officer. If a student files a complaint under Title IX, the investigation will be led by the Student Conduct Officer and the current student conduct procedures will be adhered to. The Title IX Coordinator will assist the Student Conduct Officer in investigations filed under Title IX.

All other individuals may also file a complaint with the University's Title IX Coordinator, who will commence an investigation and make recommendations, in accordance with the established conduct procedures for staff and faculty.

If you would like to file a complaint of gender/sex discrimination, under Title IX, with the BSU Office of Equal Employment Opportunity Programs, please click the following link to download a Discrimination Complaint Form.

For additional information related to Title IX, contact Melanie Barr, Title IX Coordinator, at 301-860-3442 or mbarr@bowiestate.edu.


AMERICANS WITH DISABILITIES ACTS OF 1990, AS AMENDED

Bowie State University maintains a policy of equal opportunity for all persons. No person shall be subject to discrimination under any program or activity of the University on the basis of gender, sexual preference, race, age, color, religion, national origin, or disability. 

Disability is defined as an individual with an actual impairment (physically or mentally substantially limits one or more major life activities), a record of such an impairment, or regarded as having an impairment.

The ADA has been amended several times since its initial implementation, as recently as 2008. The ADA, now the Americans with Disabilities Amendment Act (ADAAA) has broadened the definition of disability.

A key requirement of the ADAAA is that of reasonable accommodation. It requires the removal of unnecessary barriers that prevent or restrict employment and educational opportunities and services, for otherwise qualified individuals with disabilities.

Individuals may request accommodations to assist in the employment process, for educational needs, or to conduct business with the University. The University is only obligated to provide a REASONABLE accommodation; therefore, the requested accommodation does not have to be exactly what the individual wants, but what is effective.

Each reasonable accommodation request is a case of one. A request is assessed by reviewing the essential functions of the position and the individual's need (s) to successfully perform those functions. What may be suitable for one may not be suitable for another.

Section 503 of the Rehabilitation Act of 1973

  • Section 503 of the Rehabilitation Act of 1973 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

Section 504 of the Rehabilitation Act of 1973

  • Section 504 of the Rehabilitation Act of 1973 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED).

FACULTY and STAFF: For more information on reasonable accommodations, for faculty and staff, please contact the University's EEO Officer/ADA Coordinator, Melanie Barr, at 301-860-3442 or mbarr@bowiestate.edu.

STUDENTS: For more information on reasonable accommodations, please contact the University's Disability Support Services Coordinator, Dr. Michael Hughes, at 410-860-4067, mhughes@bowiestate.edu, or visit the Disability Support Services webpage.


TRAINING AND OUTREACH

Preventing employment discrimination from occurring in the workplace is preferable to trying to deal with the consequences of discrimination. BSU is committed to providing training, assistance, guidance and outreach to assist students and employees in recognizing, understanding and preventing discrimination.

We believe that discrimination can be avoided if students and employees know their legal rights and responsibilities. The Office of Equal Employment Opportunity Programs is available to assist in achieving this goal.

Training is available on all aspects of EEO; however, sexual harassment training will be emphasized and offered for all staff and faculty throughout the calendar year. This will allow for greater flexibility for faculty who may not be on campus regularly. Morning and afternoon sessions will be offered to further promote participation.

As a Vice President, Dean, Chair, Director, Manager or Supervisor, training is available for your respective departments, upon request.

Training will also be scheduled through the Office of Human Resources Training Coordinator. All scheduled trainings will be disseminated via Community Announcements and the BSU Newsletter.

For more information on training and outreach, please contact the University's EEO Officer, Melanie Barr, at 301-860-3442 or mbarr@bowiestate.edu.


 

PROCEDURES AND FORMS


 

ENFORCEMENT AGENCIES