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Below is a summary of relevant laws, policies and regulations for Affirmative Action and Equal Opportunity.

 

Age
Federal 
  1. Age Discrimination in Employment Act (ADEA): Prohibits discrimination in employment for employees 40 or over. Covers employers engaged in interstate commerce with 20 or more employees.
State 
  1. Chapter 230, Wisconsin Statutes: Covers employment in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.
  2. Chapter 36.12, Wisconsin Statutes: Provides that, “no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.” Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
Consensual Relationships
UW System
  1. UW System Statement on Consensual Relationship. Direct UW System institutions to educate the university community about the professional risks associated with consensual romantic and/or sexual relationships where there is a potential conflict of interest or a potential abuse of power differential. Also, directs UW System institutions to develop statements on consensual relationships. (Adopted by the UW System Board of Regents — July 12, 1991).
UW Oshkosh
  1. GEN 1.2.(7) Consensual Relationship Policy
Disability
Federal
  1. Americans with Disabilities Act of 1990. Prohibits employers from discriminating against qualified applicants and employees on the basis of disability in any aspect of employment. The act requires employers to provide reasonable accommodations to enable employees with disabilities to perform the essential functions of their jobs, unless doing so would impose an undue burden on the operation of the business.
  2. Federal Rehabilitation Act of 1973 – Section 503. Requires affirmative action in employment of handicapped persons. Covers employers with government contracts in excess of $2500. Section 503 requires employers with 50 or more employees and with contracts of $50,000 or more to prepare a written Affirmative Action Plan.
  3. Federal Rehabilitation Act of 1973  – Section 504.  Prohibits discrimination against qualified handicapped individuals. Also prohibits denial of benefits and exclusion from participation in programs.
State
  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.
  2. Chapter 36.12, Wisconsin Statutes, provides that “no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.” Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
UW Oshkosh
  1. GEN. 1.2(2) Disability Accommodation Policy and Procedures
  2. GEN 1.2(4) Racist and Discriminatory Conduct
Employment Discrimination
Federal
  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate or classify employees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.
  2. Executive Order 11246 requires federal contractors with contracts in excess of $10,000 to include anti-discrimination clauses in their contracts. If contract has 50 or more employees and contract exceeds $50,000 a written affirmative action plan is required.
State
  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230. 18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.
  2. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, natural origin, ancestry, sexual orientation, arrest record, conviction record or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.
Gender Identity and Expression
UW System
  1. UW System Board of Regents, Regents Policy Documents, Section 17: Equal Opportunity Policies:Education and Employment, 17 – 4, Equal Employment Opportunities, (Formerly 75-5), I. Policy Statement. “It is, and continues to be, the policy of the University of Wisconsin System to adopt and support measures designed to prevent and eliminate discrimination against employees and prospective employees of the University of Wisconsin System on the basis of race, color, religion, sex, gender identity or expression, national origin, age, or physical handicap.
  2. As a part of this policy, the University of Wisconsin System is committed to the implementation of affirmative action employment programs to recruit, employ, and promote qualified women and minorities. System administrators and the University faculties shall continue to take such steps as may be necessary to accelerate the final elimination of any and all vestiges of discrimination because of race, color, religion, sex, gender identity or expression, national origin, age, or physical handicap that may still exist in the employment policies, practices and/or procedures of the University of Wisconsin System.” History: Res. 1051 adopted 8/15/75, amended by Res. 8963, 2/05. (With 1982 amendments from 82-4.) Please refer to:http://www.uwsa.edu/bor/policies/rpd/rpd17-4.htm
UW Oshkosh
Immigration
Federal
  1. Immigration Reform and Control Act of 1986. Prohibits hiring individuals who cannot provide verification of identity or authorization to work in the United States. Covers all employers in the United States.
Pregnancy
Federal
  1. Pregnancy Discrimination Act of 1978. Prohibits treating a female applicant or employee differently from male applicant or employee on the basis of the female’s pregnancy or capacity to become pregnant. Amends Title VII of the Civil Rights Act of 1964.
  2. 34 Code of Federal Regulations (CFR) § 106.40 Marital or parental status. 

(a) Status generally. A recipient shall not apply any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex.

(b) Pregnancy and related conditions.

(1) Shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.

(2) May require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation so long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician.

(3) Can operate a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section shall ensure that the separate portion is comparable to that offered to non-pregnant students.

(4) Shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan or policy which such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient’s educational program or activity.

(5) Shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student’s physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.

Race
Federal
  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.
State
  1. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.
  2. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.
  3. Chapter 36.12, Wisconsin Statutes, provides that, “no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.’ Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
Religion/Creed
Federal
  1. Civil Rights Act of 1964 Title VII. Prohibits employment discrimination because of race, color, national origin, religion, sex, pregnancy, (including childbirth or related condition). It is an unlawful employment practice for an employer to: a) fail to or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the protected categories identified above; or b) limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive or otherwise adversely affect their status on the basis of the protected categories identified above.
State
  1. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.
  2. Chapter 36.12, Wisconsin Statutes, provides that, “no student may be denied admission to, participation in or the befits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.” Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
Sex Discrimination (Including sexual harassment)
Federal
  1. Civil Rights Act of 1964 – Title VII. Prohibits employment discrimination on the basis of race, color, national origin, religion, sex, and pregnancy, including childbirth or related condition. Covers all employers engaged in interstate commerce with 15 or more employees.
  2. U.S. Equal Employment Opportunity Commission (EEOC), Definitions of, and Guidelines on Sexual Harassment. November 10, 1980. Prohibits sexual harassment in the workplace for employees with 15 or more employees.
  3. Equal Pay Act of 1963. Prohibits pay differentials on the basis of sex in substantially equal work requiring equal skill, effort, and responsibility under similar working conditions.
  4. Title IX of the Education Amendments of 1972, as amended. This statue prohibits discrimination on the basis of sex, including sexual harassment, in educational programs and activities that receive assistance from the Federal government.
State
  1. Chapter 36.12, Wisconsin Statutes, provides that, “no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.” Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
  2. Chapter 111.36,(1) (a), (b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation.
  3. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.
UW System
  1. UW System Sexual Harassment Policy Statement & Implementation. Defines sexual harassment and directs UW System institutions to develop and implement policies, procedures, and programs to eliminate sexual harassment. (Adopted by the UW System Board of Regents on May 7, 1981. Amended April 10, 1987).
UW Oshkosh
  1. GEN 1.2.(4) Racist and Discriminatory Conduct
  2. GEN 1.2.(6) Sexual Harassment Policy
  3. GEN 1.2.(5) Relationship Violence Policy
  4. GEN 1.2.(7) Consensual Relationship Policy
Sexual Orientation
State
  1. Chapter 36.12, Wisconsin Statutes, provides that, “no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.” Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
  2. Chapter 111.31(1), (2), and (3), Wisconsin Statutes, prohibits discrimination in employment on the basis of sexual orientation. Chapter 111.36(1) (a),(b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation. Chapter 112, Laws of 1981, published on March 2, 1982, amended the Wisconsin Statutes by prohibiting discrimination on the basis of sexual orientation.
UW Oshkosh
  1. GEN 1.2.(4) Racist and Discriminatory Conduct
  2. GEN 1.2.(6) Sexual Harassment Policy
  3. GEN 1.2.(5) Relationship Violence Policy
  4. GEN 1.2.(7) Consensual Relationship Policy
Veterans
Federal
  1. Vietnam Era Veteran’s Readjustment Assistance Act. Requires affirmative action regarding Vietnam Era veterans and disabled veterans. Covers all employers with federal contracts of $10,000.00 or greater. Employers with 50 or more employers and contracts of $50,000.00 or more must develop a written Affirmative Action Plan.
  2. Federal Military Selective Service Act. Provides employees returning from U.S. military service the same wages, benefits, and rights as the employee would have received had he/she not left to serve. Normally, employee must reapply within 90 days after release from service. Employment discrimination against Reservists is barred.
State
  1. Chapter 111.31, Wisconsin Statutes. Prohibits discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the state of Wisconsin.

Equal Opportunity & Access

Securing equity and fairness at UW Oshkosh.