Nondiscrimination Policies

Equal Opportunity Policies

The University of Alabama provides equal opportunity in education and employment for all qualified persons regardless of race, color, religion, national origin, sex (which includes sexual orientation, gender identity, and gender expression), age, disability, or veteran status. The following relevant polices can be found by visiting the UA Policies website:

• Equal Opportunity and Non-Discrimination Policy
• Harassment Policy
• Title IX & Sexual Misconduct Policy
• Child abuse Reporting Policy and Procedures
• UA Animal control and Assistance Animal Policy
• Consensual Romantic Relationship Policy
• Family Medical Leave Policy
• Pregnancy Employee Policy
• Paid Parental Leave Policy
• Employee Reasonable Accommodations Policy
• Food Allergy Policy
• Employee Handbook
• Faculty Handbook
• Code of Student Conduct

Equal Opportunity Laws

Numerous federal and state laws and executive orders prohibit unlawful discrimination in employment and education.

ACA Non Discrimination Notice
“Equal Employment Opportunity is The Law” Poster
“Know Your Rights: Workplace Discrimination is Illegal” Poster
“Your Rights Under USERRA” Poster
Summary of Major Federal Equal Opportunity Laws
Major Federal Equal Opportunity Laws: By Category
Enforcement Agencies

Reaffirmation of Equal Opportunity and Non-Discrimination Policy

The University of Alabama annually reaffirms its full commitment to equal opportunity and non-discrimination, including the policies and procedures that prohibit discrimination and unlawful harassment throughout our campus community.

I pledge my personal commitment to uphold the values expressed in this declaration, as well as to equal opportunity and nondiscrimination in all employment-related decisions. I trust all of you will join me in this pledge.

Please review the Equal Opportunity and Non-Discrimination Policy. This policy, as well as other policies and information related to equal opportunity and unlawful discrimination in employment and education is available on the Office of Equal Opportunity and Title IX Programs website and the Human Resources website. If you have any questions, I encourage you to contact the Office of Equal Opportunity and Title IX Programs.  The Director of Equal Opportunity Programs, Marques Evans, can be reached at (205) 348-5496 or eop@ua.edu.

Stuart R. Bell
President

Equal Opportunity and Non-Discrimination Policy

Purpose

The University of Alabama (UA) is committed to compliance with all applicable laws regarding the concept and practice of equal opportunity, non-discrimination (including anti-retaliation and reasonable accommodation) and affirmative action in all aspects of its employment practices and educational programs and activities.

Policy

UA provides equal opportunity in education and employment for all qualified persons regardless of race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, genetic or family medical history information, disability, protected veteran status, or any other legally protected basis. UA makes employment decisions based only on valid job-related requirements. UA does not discriminate on the basis of a physical or mental disability or an individual’s status as a protected veteran with regard to application for employment or any terms and conditions of employment, provided the individual is qualified, with or without reasonable accommodations, to perform the essential functions of the job.

Non-discrimination Notice

UA complies with applicable laws prohibiting protected class discrimination or harassment and related retaliation, including but not limited to Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Executive Order 11246, Title IX of the Education Amendments of 1972 and applicable regulations, Sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era Veterans’ Adjustment Assistance Act, as amended by the Jobs for Veterans Act of 2002 (VEVRAA), the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the Age Discrimination Act of 1975, the Americans with Disabilities Act (ADA) of 1990, the ADA Amendments Act of 2008, the Family and Medical Leave Act, and the Genetic Information Nondiscrimination Act of 2008. Consistent with those laws and UA’s Title IX and Sexual Misconduct Policy, Harassment Policy, and other policies, UA prohibits discrimination on the basis of genetic or family medical history information, race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, disability, protected veteran status, or any other legally protected basis in admission or access to, or treatment of employment in, its programs and services. These prohibitions against discrimination apply to recruitment, application, selection, hiring, appointment, transfer, demotion, promotion, tenure, job assignments, classification, compensation, benefits, leaves of absence, sick leave or any other leaves, job training and development, tuition assistance, participation in UA-sponsored educational, social, and recreational programs, discharge, layoff, and/or any other term, condition or privilege of employment. Inquiries or concerns related to protected class discrimination or harassment, sexual misconduct, or related retaliation may be directed to Beth Howard, Executive Director of Equal Opportunity and Title IX Programs, 2418 Capital Hall, Box 870259, Tuscaloosa, AL 35487-0300, (205) 348-5496 (Voice), (205) 348-5573 (TDD), gbhoward@ua.edu.

Non-discrimination in Health Care Programs/Activities

UA also complies with Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain University health care programs and activities and UA’s group health plans and wellness programs. Additional information and contact information for inquiries and concerns related to compliance with Section 1557 is available on the University’s Affordable Care Act (ACA) Section 1557 Non-discrimination Notice website.

Anti-Retaliation

Retaliation is any action that a reasonable person would expect to have the effect of intimidating, threatening, coercing, or discriminating against a person for engaging in a legally protected activity, such as alleging Prohibited Conduct, harassment, or illegal discrimination; filing a complaint; assisting or participating in an investigation of such complaint; refusing to participate in any manner in an investigation, hearing, or other proceeding; opposing an allegation of Prohibited Conduct; or advocating for others’ rights pursuant to this Policy or applicable law.

This Policy prohibits retaliation in the form of harassment, intimidation, threats, or coercion, or in the form of any materially adverse harm that would dissuade a reasonable student, employee, or third party from filing a complaint or participating in a Prohibited Conduct related investigation.

Disciplinary action separate from the original report of legally protected class harassment or discrimination may be taken based on a finding of responsibility for retaliation.  An individual is protected from retaliation regardless of the validity or reasonableness of the original allegation of harassment or discrimination and when there is a finding of not responsible based on the allegations in the original report of harassment or discrimination.

Examples of retaliatory actions could include unjustified discipline, suspension, demotion, or termination in the employment context; lowering a grade or dismissing a student from a program; or maliciously and purposefully interfering with, threatening, or damaging the academic or professional career of another individual before, during, or after the investigation and resolution of a report of conduct prohibited by this Policy.

The following actions do not constitute retaliation:

• Initiating a Code of Student Conduct charge or employee investigation/action against an individual for making a materially false statement in bad faith with regard to making a report or in the course of an investigation or proceeding, provided a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith;
• The exercise of rights protected under the First Amendment (except that speech that amounts to intimidation, threats, or coercion for the purpose of chilling the exercise of a person’s rights under this Policy is not protected);
• Mutual restrictions on contact between the parties;
• Advising the parties and participants in any proceeding of the consequences of making false statements;
• Warning the parties and witnesses that retaliation is prohibited and informing the parties and witnesses of the consequences of retaliating against another for exercising their rights;
• Warning the parties not to discuss or disseminate the allegations in a manner that constitutes retaliation or unlawful tortious conduct.

Affirmative Action Program

To further ensure UA’s commitment to equal employment opportunity, UA, as a federal contractor, maintains an affirmative action program in accordance with applicable laws, regulations, executive orders, and government directives. UA has taken and will continue to take, consistent with applicable laws, affirmative action to recruit, employ, advance and not discriminate against qualified women, racial and ethnic minorities, qualified individuals with disabilities, and protected veterans. UA’s affirmative action program applies only to the employment context and should not be applied to any other UA program or activity. Further, UA’s affirmative action program should not be construed as a justification to extend a preference to any individual, select an individual, or adversely affect an individual’s employment status, on the basis of that person’s race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, genetic or family medical history information, disability, protected veteran status, or any other legally protected basis.

Affirmative Action Plan

As part of UA’s affirmative action program, UA prepares annual affirmative action plans (AAPs) for women and minorities and for protected veterans and individuals with disabilities. Those plans are available for inspection upon request and during regular business hours in the Office of Equal Opportunity and Title IX Programs located on campus in 2418 Capital Hall, (205) 348-5496 (Voice), (205) 348-5573 (TDD).

Voluntary Self-Identification

To gather data necessary to report data and perform analysis required by applicable law in its AAPs, UA invites: (i) job applicants to voluntarily self-identify their race, ethnicity, gender, disability status or protected veteran status at the pre- offer stage of the hiring process; (ii) job applicants to voluntarily self-identify their disability or veteran status at the post-offer stage of the hiring process; and (iii) employees to voluntarily self-identify their disability or protected veteran status post-employment. Employees are also periodically reminded of the invitation to self-identify. Voluntary self-identification forms can be found on the Employee tab in MyBama. The information is requested on a voluntary basis and will be used and kept confidential in accordance with Federal law. Refusal to provide this information will not subject any applicant or employee to any adverse treatment. The information is used solely for affirmative action purposes; therefore, individuals who self-identify as having a disability who also require reasonable accommodations to apply or to perform the essential functions of their job must follow UA’s Applicant or Employee Procedures for Reasonable Accommodations accessible on Human Resources’ Americans with Disabilities Act website.

Reasonable Accommodations

Disability: The University makes reasonable accommodations to the known physical or mental impairments of an applicant or employee who is a qualified individual with a disability or is a qualified disabled veteran, unless such accommodations would impose an undue administrative or financial hardship on the operation of UA’s business or fundamentally alter UA’s program and services. Consistent with its Employee Reasonable Accommodations Policy, UA will not deny employment opportunities based on its need to make a reasonable accommodation to such an individual’s physical or mental impairment. However, an employee must be able to perform the essential functions of the job, with or without an accommodation. Additional information about UA’s commitment to individuals with disabilities, the provision of reasonable accommodations, and information regarding procedures for requesting reasonable accommodations through the Human Resources ADA Coordinator is available on Human Resources’ Americans with Disabilities Act website.

Pregnancy: Consistent with its Pregnancy Recovery Leave Policy (for staff) and UA’s Faculty Handbook covering Maternity Leave (for faculty), eligible faculty and staff who are pregnant or have pregnancy-related conditions may be reasonably accommodated, including approved time off.

Religious Beliefs: The University also provides reasonable accommodations for sincerely held religious beliefs or practices of employees or applicants, unless doing so would create an undue hardship on the conduct of UA’s business or operations, resulting in more than a minimal cost to the operations of UA’s business. Religious Accommodation Request Forms and Procedures for employees and applicants are available on Human Resources’ Reasonable Accommodation website.

Responsibility for Implementation

The University President and other senior executive officers have the ultimate responsibility for implementing UA’s Equal Opportunity Policy and Affirmative Action Programs. The President, Dr. Stuart Bell, has reviewed and fully supports this policy. His annual reaffirmation memorandum reiterates his endorsement and urges every employee to comply with this Policy. Beth Howard, Executive Director of Equal Opportunity and Title IX Programs, has been designated to oversee implementation of the University’s equal opportunity and affirmative action programs. Howard is responsible for reviewing and updating annually UA’s affirmative action programs and implementing an auditing and reporting system that a) measures the effectiveness of UA’s affirmative action program; b) indicates the need for remedial action; c) determines the degree to which UA’s objectives have been attained; d) determines whether minorities, women, known individuals with disabilities, and/or protected veterans have had the opportunity to participate in UA-sponsored educational, training, recreational and social activities; e) measures UA’s compliance with its affirmative action program’s specific obligations; and f) documents actions to comply with applicable federal regulations. Howard is assisted in these audit and reporting duties by multiple campus partners.

Scope

This policy applies to students, faculty, staff, contractors, and volunteers.