Introduction
Webster's Dictionary defines discrimination as "…to make a difference in treatment or favor on the basis of other than individual merit." Basically, this means treating people differently. Not all discrimination is illegal. For example, an employer can fire a person for disliking their personality, or a restaurant can turn someone away for lawful reasons.
Civil Rights
A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. Statutes have been enacted to prevent discrimination because of a persons race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances, sexual preference.
U.B. Rules and Standards Concerning Discrimination
The following is quoted directly from the UB Student Conduct Rules University Standards and Administrative Regulation:
Article 5: University Standards:
Nondiscrimination-The University at Buffalo is committed to fostering a positive environment for learning, and to ensuring the safety, rights, and dignity of every member of the University community. To that end the University encourages each and every member of the academic community to assume individual responsibility for respecting the rights and dignity of others and for helping to promote the free and open exchange of ideas in an atmosphere of mutual respect.
Finally, it is the policy of the University at Buffalo to prohibit invidious categorical discrimination based on such characteristics as race, sex, sexual orientation, age, national origin, religion, veteran or marital status or disability in all matters affecting employment or educational opportunities within the University itself. It is the firm belief of the Council, the faculty, and the administration that judgments about persons within the University should be based on their individual merits, accomplishments, aptitudes, and behavior, and that invidious categorical discrimination is wholly inappropriate to the University's mission and values. Students who violate this policy shall be subject to sanctions within the University, up to and including expulsion. Any violation of the rules which is motivated by bias may be prosecuted and/ or sanctioned as a more serious offense.
What To Do If You Are Being Discriminated Against at U.B.
Complaints regarding any violations of nondiscrimination laws or policies should be made to the Diversity, Equity, and Affirmative Action Administration Office, Suite 108, The Commons, 645-2266.
U.B. Statement on Sexual Assault and Abuse
The University at Buffalo will not tolerate sexual assault or abuse.
Sexual Assault
Any actual or attempted non-consensual sexual activity including, but not limited to, forcible anal or oral sex, attempted intercourse, sexual touching, by a person(s) known or unknown to the victim.
Rape
The perpetration of an act of sexual intercourse with a person against their will and consent, whether their will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent, or when the person is unconscious or otherwise physically unable to communicate willingness.
Reporting Options:
A victim or proxy may report incidents of sexual assault to University Police, municipal police, residence hall officials, or Student Health Center. Immediate reporting is recommended. A disciplinary complaint may also be filed with the Student Wide Judiciary for action against the assailant if they are a student. This may be done in conjunction with or instead of criminal prosecution.
Another source of assistance, advice, or intervention is the staff in the Diversity, Equity & Affirmative Office, Suite 108, The Commons; 645-2266. You may speak confidentially to the Affirmative Action Officer or the Associate Director.
Sexual Harassment at the University at Buffalo
Sexual Harassment of employees and students, as defined below, is contrary to University policy and is a violation of federal and state laws and regulations. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement;
- Submission to, or rejection of, such conduct by an individual is used as the basis for employment or academic decisions affecting such individual;
- such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or creating an intimidating, hostile, or offensive environment.
No University employee of either sex shall impose a requirement of sexual cooperation as a condition of employment or academic advancement, or in any way contribute to or support unwelcome physical or verbal sexual behavior.
Any member of the University community who requires additional information, wishes to make a complaint, or to receive a copy of the University procedures to be followed for complaints arising from matters related to the policies outlined above should contact the Affirmative Action Office, Room 517 Capen Hall.
The New York State Human Rights Law
The New York State Human Rights Law is Article 15 of the New York State Executive Code. It is similar to sections of Federal Law, including Title VII of the Civil Rights Act of 1964. The Human Rights Law protects individuals from discrimination based on their age, race/color, national origin, sex, marital status, disability, creed, arrest record, retaliation, criminal record, familial status, and genetic predisposition or carrier status. Collectively, these are known as "protected classes" or "bases for discrimination". The Human Rights Law covers discrimination in employment, housing, public accommodation, education, and credit.
Human Rights Law Classifications
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Race/Color
This involves cases based on one's racial background or skin color
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Creed
A person's creed is their religious beliefs. This includes wearing religious garb and observing religious holidays.
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National Origin
One's national group or one's ancestry.
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Sex
This includes sexual harassment and pregnancy discrimination. In the workplace, men and women are entitled to equal pay, benefits, working conditions and seniority rights.
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Age
Protects persons 18 years and older. Age is not a protected basis in public accommodation.
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Disability
A disability is a physical, mental, or medical impairment resulting from anatomical, physiological or neurological conditions. A person is covered if he/she is perceived to have a disability, whether or not he/she actually does. The Human Rights Law treats HIV and AIDS as any other disability. If you need a disability accommodation to complete the essential tasks of your job in a reasonable manner, your employer is required to provide that accommodation.
*What determines reasonable varies from employer to employer, and job to job.
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Marital Status
Persons who are married, divorced, single, separated or widowed.
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Familial Status
Includes pregnant women or persons who have children or want to have children.
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Retaliation
Action taken against someone who has filed a complaint or action against their witnesses.
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Arrest or Conviction Record
It is illegal to inquire about a person's arrest record, but you can ask if someone has ever been convicted of a crime.
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Genetic Predispositions or Carrier Status
It is illegal for a potential employer to ask about your health or your health history. This provision was added in 1996.
Human Rights Law Jurisdictions
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Employment
It is illegal to discriminate in the hiring, firing, wages, and in terms, conditions, and privileges of employment. It is also illegal during interviews, promotion or transfer. An employer must have at least four employees, but not at the same location.
It is illegal for an employer, or prospective employer to ask you the following questions:
- How old are you?
- Have you ever been arrested?
- Are you pregnant or planning to have a family?
- Do you have a disability?
- Are you married, single, widowed or divorced?
- Have you been treated for any of the following diseases?
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Housing
Every person is guaranteed equal opportunity to purchase, rent, or lease housing, land, or commercial space. Rental units in two family housing units are not covered if the owner occupies on of the units.
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Public Accomodation
Places of public accommodation include hospitals, nursing homes, clinics, doctors' and dentists' offices, hotels, restaurants, public transportation, sports facilities, amusement parks, garages, entertaining or cleaning facilities and rental/wholesale stores. Age is not a covered classification for public accommodations.
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Education
Any non-sectarian, tax exempt educational institutions cannot deny the use of their facilities to anyone qualified.
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Credit
Credit institutions include banks, trust companies, savings and loan associations, credit unions, insurance agencies, and credit card issuers.
Human Rights Law Sexual Harassment Division
Sexual harassment is prohibited under the Human Rights Law as a form of sex discrimination. It consists of unwanted verbal or physical sexual advances, sexually explicit statements or discriminatory remarks that are offensive or objectionable to the recipient.
Behavior constitutes sexual harassment when
- Submission to such conduct is made a term or condition of employment, OR
- Submission or rejection of conduct is used for the basis of decisions affecting one's employment, OR
- Such conduct interferes with an individual's work performance, or creates a hostile or offensive work environment.
Sexual Harassment may include the following
- Request for sexual favors, accompanied by threats concerning one's employment
- Subtle or obvious pressure for unwelcome sexual activities
- Verbal harassment or abuse in the form of a pattern of sexual comments and questions
- Unnecessary touching, patting, or pinching
- Constant brushing against a person's body
- Display of lewd photos or drawings
Steps to take if you are being harassed
- Say no the first time
- Keep a diary of activity that is occurring
- Ask other people if they are being harassed by your harasser
- Tell harasser you object to his/her behavior
- Speak to your supervisor or your harasser's supervisor about what is happening
- Report the behavior to the proper legal authority
The New York State Division of Human Rights
The New York State Division of Human Rights enforces the New York State Human Rights Law. Anyone claiming to have been discriminated against in accordance with the Human Rights Law can file a complaint directly in State Court. The Division of Human Rights was set up as an alternative to the State Court system. Division staff are trained to specialize in enforcing the Human Rights Law and there is no charge for the Division's services. When you file under the Division, your claim is automatically filed with the Equal Employment Opportunity Commission (EEOC), the Age Discrimination in employment Act (ADEA), or the Americans with Disabilities Act (ADA).
Steps to filing a complaint
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Filing a complaint
You must file within one year of the discriminatory act. You may file in person at the Division or by mail.
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Fact finding investigation
This process is completed by a Division investigator. Based on the evidence, a determination will be made on whether or not probable cause of the unlawful discrimination exists.
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Pre-hearing Settlement Conference
If probable cause is determined, you are invited to appear before an Administrative Law Judge to try to reach a voluntary settlement.
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Administrative Hearing
This is similar to a court hearing. An Administrative Law Judge presents recommended order to the Division of Human Rights Commissioner. The Commissioner then reviews the findings and issues an order that is the same weight as a judge's decision.
New York State Division of Human Rights
U.S. Equal Employment Opportunity Commission
The mission of the EEOC, as set forth in its strategic plan, is to promote equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance. The EEOC was established by Title VII of the Civil Rights Act of 1964. It enforces the principal federal statutes prohibiting employment discrimination.
The EEOC carries out its work at headquarters in 50 field offices throughout the United States. Individuals who believe they have been discriminated against in employment begin our processes by filing administrative charges. Individual Commissioners may also initiate charges that the law has been violated. Through the investigation of charges, if the EEOC determines there is "reasonable cause" to believe that discrimination has occurred, it must then seek to conciliate the charge to reach a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the EEOC may bring suit in federal court. Whenever the EEOC concludes its processing of a case, or earlier upon the request of a charging party, it issues a "notice of right to sue" which enables the charging party to bring and individual action in court.
Settlements are encouraged at all stages of the process. The EEOC has also launched a mediation-based alternative dispute resolution program. The mediation program is guided by principles of informed and voluntary participation at all stages, confidential deliberation by all parties, and neutral mediators.
Filing a charge
If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, sex, religion, national origin, age or disability, or believe that you have been discriminated against because of opposing a prohibited practice or participating in an equal employment opportunity matter, you may file a charge of discrimination with the EEOC. Charges may be filed in person, by mail, or by telephone by contacting the nearest office. Call 1-800-669-4000 for more information.
The Civil Rights Division of the Department of Justice
This institution was established for the purpose of enforcing federal statutes that prohibit exclusion and discrimination. Its duty is to enforce the letter and spirit of the civil rights laws, without fear or favor, on behalf of all Americans. The Division educates the public about civil rights laws to enhance and promote enforcement activities so that all Americans can be treated with dignity and be able to enjoy fully the bounty of the American ideals of equality, fairness and equal opportunity.
The Civil Rights Division of the Department of Justice was established in 1957 following enactment of the first civil rights statutes since Reconstruction. It is the primary institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, handicap, religion, and national origin. Some of the acts the Division enforces include the Civil Rights Acts of 1957, 1960, 1964, and 1968; the Voting Rights Act of 1965, the Equal Credit Opportunity Act; and the Americans with Disabilities Act. It protects laws that prohibit discrimination in education, employment, credit, housing, public accommodations and facilities, voting, and certain federally funded and conducted programs.
The Civil Rights Division does not have regional offices. All Division employees are stationed in Washington, D.C. Nearly all Division attorneys and, occasionally, some paralegal and clerical personnel are required to travel since litigation activities occur in all parts of the United States.
If you have any questions or comments regarding the work of the Division, please contact the following:
The American Civil Liberties Union
The ACLU is the nation's foremost advocate of individual rights, litigating, legislating, and educating the public on a broad array of issues affecting individual freedom in the United States. The ACLU is not a public defender. It does not handle criminal or civil disputes or choose sides according to financial criteria. Nor does it take political sides. It is a nonprofit, nonpartisan, 275,000 member public interest organization devoted exclusively protecting the basic civil liberties of all Americans, and extending them to groups that have traditionally been denied them.
The mission of the ACLU is to assure that the Bill of Rights is preserved for each new generation. This includes first amendment rights, equal protection of the law, due process of the law, and the right to privacy. The ACLU is a 50 state network of staffed and affiliate offices in most major cities, more than 300 chapters in smaller towns, and regional offices in Denver and Atlanta. It focuses on issues such as AIDS, arts censorship, capital punishment, children's rights, education reform, lesbian and gay rights, immigrants' rights, national security, privacy and technology, reproductive freedom, voting rights, women's rights and workplace rights.
Packet Published 1999, 2001
Researched and Composed by Marybeth Priore
Revised by John Menard 2001
Legal Assistance Director: Alex Melville