Equal Opportunity and Non-Discrimination - Human Resources Policy - 40340

Germanna Community College is committed to an inclusive and welcoming environment for faculty and staff and promotes equal opportunity and non-discrimination in employment and educational opportunity.

2.1  The College is committed to providing an environment that is free of discrimination based on any status protected by law. The College promotes and maintains employment and educational opportunities without regard to race, color, national origin/and/or ethnicity, religion, disability, sex, sexual orientation, gender identity or expression, marital status, pregnancy, childbirth or other related lactation conditions, or age (except when age is a bona fide occupational qualification), veteran status, political affiliation, or genetic information.

2.2 The prohibition against employment discrimination applies to all aspects of the hiring process and employment practices, including hiring, demotion, promotion, job change, salary adjustment, layoff, transfer; performance management, employee development, and employee recognition; corrective actions, including disciplinary actions; compensation, pay practices, benefits, and other terms, conditions, and privileges of employment

2.3 This policy applies to all employees active and inactive, as well as applicants for employment to the College.

2.4  There shall be no retaliatory action taken against a good-faith participant making allegations or accusations of violations of this policy.  Conversely, knowingly filing a false report may have consequences.

2.5 This policy directs managers to take measures to emphasize the recruitment, hiring, retention, development, and engagement of qualified persons of protected classes to serve at all levels of the College.

2.6 The policy permits appropriate employment preferences for veterans.

2.7 The College shall adhere to all applicable federal and state laws, regulations, and guidelines with respect to providing reasonable accommodations as necessary to afford equal employment opportunity and equal access to programs for qualified persons with disabilities.

3.1 Complaints of discrimination, harassment, or retaliation are to be filed with the Equal Opportunity Officer (Associate Vice President of Human Resources).

3.1.1 A completed and signed Discrimination Complaint Form and any supporting documentation must be submitted by the complainant or filed on behalf of the complainant should the complainant wish to remain anonymous to the Equal Opportunity Officer within 30 calendar days of the last incident of alleged incident with the respondent(s).

3.1.2 The filing of a formal complaint does not preclude the parties involved in making a mutually agreed-upon effort to informally resolve the issue(s).  If informal resolution cannot be agreed-upon, a formal investigation begins.

3.1.3 The College’s Equal Opportunity Officer shall investigate the grievance raised by the complainant or on the complainant’s behalf. An investigation may include interviews with all parties involved, review of documentation and other appropriate follow-up.  Within 30 business days upon receipt of a complaint, both the complainant and respondent(s) shall receive written notice that the investigation has concluded.

3.1.4 The College’s Equal Opportunity Officer may determine that the complaint is without merit and dismiss the complaint or find that the complaint has merit and recommend appropriate remedy/sanctions, if any, to the College’s President.

3.1.5 Upon receipt of the initial decision, the complainant and/or respondent(s) may appeal in writing to the College’s President within 10 business days.  The only issue that can be reviewed on appeal are those asserted in the filing of the initial grievance.  No new issues can be raised or heard during the appeal review process.  Decisions made upon appeal are final.

4.1 Discrimination. Direct discrimination is when a person or group is treated less favorably than another person or group in a similar situation because of their background or personal characteristics. Indirect discrimination is when the requirements, policies, or practices, which are the same for everyone and appear to be neutral and fair, actually disadvantage people who share a particular attribute.

4.2 Ethnicity. Of or pertaining to people who regard themselves and/or are regarded as having common origins and who share or have shared such attributes as culture, history, language, religion or traditions.

4.3 Good-Faith Participation. Reporting, or otherwise expressing opposition to, misconduct based on a reasonable belief that misconduct has occurred. Alternately, honestly participating in an investigation of misconduct or accessing conflict resolution services.

4.4 Race. A person’s nationality, country of birth, color, ancestry, ethnic origin, or people associated with those of a particular race. The word “race” is used in these procedures to reflect relevant legislation.

4.5 Retaliation. Adverse action against an individual because they have made a protected disclosure or has participated in an investigation, proceeding or hearing involving a protected disclosure.

5.1 Department of Human Resource Management, Policy 2.05 Equal Opportunity

5.2 VCCS Policy Manual, HR Policy 3.14.0

5.3 Applicable Federal and State Statutes, Executive Actions, and State Policy: The Virginia Community College System is subject to Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Vietnam Era Veterans’ Readjustment Assistant Act of 1974, the Federal Executive Order 11246, the Governor’s Executive Order Number 1, and all other applicable laws and policies.

5.4 Discrimination Form

Assistant Vice President of Human Resources

President’s Cabinet: February 02, 2022