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It is the policy of both Carteret Community College and the NC Community College System to maintain and promote equal employment and educational opportunities without regard to race, color, religion, national origin, sex (including pregnancy discrimination), age, marital status, political affiliation, genetic information or disability, except where age, sex or physical requirements constitute bona fide occupational qualifications. The College is committed to ensuring all aspects of employment, including hiring, dismissal, compensation, job assignment, classification, promotion, reduction-in-force, training, benefits, and other terms and conditions of employment are implemented in accordance with federal and state EEO laws.
It is further the policy of the College to prohibit harassment referenced above and/or retaliatory action of any kind taken by any employee of the College against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hearing, proceeding or investigation of employment discrimination.
Definition of Terms:
- Covered Individuals – 1) Current employees; 2) Former employees; and 3) Applicants for employment.
- “Race/Color Discrimination” – Title VII of the Civil Rights Act of 1964 forbids unfavorable treatment of covered individuals because he or she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating an individual unfavorably because of skin color. In addition, Title VII protects covered individuals from discrimination because the individual is married to (or associated with) an individual of a certain race or color or because of an individual’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color.
- “Religious Discrimination” – Title VII of the Civil Rights Act of 1964 forbids unfavorable treatment of covered individuals because of his or her religious beliefs. The law protects not only the people who belong to traditional, organized religions (such as Buddhism, Christianity, Hinduism, Islam, and Judaism), but also others who have sincerely-held religious, ethical or moral beliefs. In addition, Title VII protects an individual who is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group. The College will attempt to accommodate an employee’s religious beliefs or practices, unless doing so would cause unreasonable difficulty or expense for the College. This would include making reasonable adjustments at work that will allow the employee to practice his or her religion.
- “National Origin Discrimination” – Title VII of the Civil Rights Act of 1964 prohibits unfavorable treatment of covered individuals because he or she is from a particular country or part of the world, because of ethnicity or accent, or because he or she appears to be of a certain ethnic background (even if he or she is not). In addition, the law covers individuals who are married to (or associated with) an individual of a certain national origin or because of their connection with an ethnic organization or group.
- “Sex-Based Discrimination” – Title VII of the Civil Rights Act of 1964 forbids unfavorable treatment of covered individuals because of that individual’s sex. In addition, the law protects an individual because of his or her connection with an organization or group that is generally associated with people of a certain sex. The Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.
- “Pregnancy Discrimination” – The Pregnancy Discrimination Act of 1978 prohibits unfavorable treatment of a covered individual because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
- “Age Discrimination” – The Age Discrimination in Employment Act of 1967 forbids employment discrimination on the basis of age against individuals who are age 40 or older.
- “Genetic Information Discrimination” – The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law which prohibits discrimination in the terms and conditions of employment against covered individuals based on their genetic information. Genetic information is:
- an individual’s genetic tests (including genetic tests done as part of a research study);
- genetic tests of the individual’s family members (defined as dependents and up to and including 4th degree relatives);
- genetic tests of any fetus of an individual or family member who is a pregnant woman, and genetic tests of any embryo legally held by an individual or family member utilizing assisted reproductive technology;
- the manifestation of a disease or disorder in family members (family history);
- and, any request for, or receipt of, genetic services or participation in clinical research that includes genetic services (genetic testing, counseling, or education) by an individual or family member.
- “Disability Discrimination” – The Americans with Disabilities Act of 1990 (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) prohibits discriminatory treatment of a qualified individual who has a physical or mental impairment that substantially limits one or more major life activities, has a history (or record) of such an impairment, or is regarded as having such an impairment that is not transitory (lasting or expected to last six months or less) or minor. In addition, the law protects covered individuals from discrimination based on their known relationship (or association) with an individual with a disability (even if they themselves do not have a disability).
- “Bona Fide Occupational Qualification” (BFOQ) – A BFOQ is any requirement which is job-related and necessary for the performance of the job. Age, sex or physical requirements may be considered if they constitute a BFOQ necessary for job performance in the normal operations of the agency. Such standards are reasonably necessary for the specific work to be performed and are uniformly and equally applied to all applicants for the particular job category. Whether such a requirement is a BFOQ will depend on the facts in each case. This exemption will be construed very narrowly. To establish age, sex or physical requirements as a BFOQ, it will be necessary to submit a recommendation to the Human Resources Director, setting forth all facts and justification as to why the requirement should be considered as a reasonable employment factor in each of the classifications in question. An approved BFOQ must be included on the job description document for the position to which it applies.
An individual covered by this policy who is alleging unlawful discrimination may file a complaint following the process outlined in the employee Conflict Resolution (Grievance) Policy.
Training
The College will require annual compliance training to raise awareness of equal opportunity and avoiding discriminatory practices in the workplace.
Rev. 2/3/23