Early Resolution for Informal Complaints of Discrimination
It is the policy of the University not to engage in discrimination against or harassment of any person employed by or seeking employment with the University on the basis of race, color, national origin, religion, sex, gender identity, genetic information, pregnancy (including childbirth and related medical conditions), physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services). This policy is intended to be consistent with the provisions of applicable state and federal laws. The local UC Davis policy is available at: Personnel Policy Manual Section 380-15
What is discrimination?
An illegal or prohibited adverse employment action based on a protected characteristic or category.
Discrimination based on the following characteristics is prohibited by University policy:
- National origin
- Genetic information
- Sexual orientation
- Marital status
- Medical condition
- Disability (physical or mental)
- Citizenship or service in the uniformed services
Examples of discriminatory behavior:
- A supervisor refusing to give a well qualified candidate a promotion because she is pregnant
- Insisting that Gay or Lesbian Advisors be restricted to advising Gay or Lesbian students
The Early Resolution Process:
If you feel you've been a victim of discrimination or have concerns about discriminatory behavior contact the Early Resolution Discrimination Coordinator:
- Vickie Gomez, firstname.lastname@example.org, 530-752-2158 in The Office of Campus Community Relations
- The Early Resolution Discrimination Coordinator will either handle your inquiry or refer you to an Early Resolution Discrimination Advisor. These individuals will listen to your concerns and provide general information about discrimination, and provide you with referrals for additional support.
- If you are uncertain whether or not you want to file a complaint, it is best to speak in general terms and not name individuals. If you speak in specifics naming individuals, the Early Resolution Coordinator is "on notice" and as an agent of the institution may be compelled to act.
The University will protect the privacy of everyone involved to the greatest degree possible under law and University policy; however, under some circumstances, the privacy of a disclosure cannot be guaranteed. See http://manuals.ucdavis.edu/ppm/380/380-15, section VII for more information.
Consulting with confidential resources does not constitute a report of discrimination, and such discussions do not need to be reported to the Early Resolution Discrimination Coordinator. No action will be taken to resolve the concerns without specific request or unless the person also makes a non-confidential report. The following are confidential resources:
- Academic and Staff Assistance Program 752-2727
- Women's Resources and Research Center 752-3372
- Lesbian, Gay, Bisexual, and Transgender Resource Center 752-2452
- Mediation Services (530) 297-4480
- Your complaint will be reviewed by the Early Resolution Discrimination Coordinator and the Campus Compliance Director to determine if the complaint is appropriate for early resolution. For UCDHS the Manager of Equal Employment Opportunity reviews complaints.
- Your complaint may also be referred to the Case Management Team (includes the Campus Compliance Director, UCDHS Manager of Equal Employment Opportunity, Sexual Harassment Officers, Early Resolution Discrimination Coordinator, and representatives from Campus Counsel, Human Resources, Academic Personnel, Student Judicial Affairs, and other members as required) to decide if early resolution is appropriate for your complaint
- When this happens the Case Management Team may decide that a formal investigation is needed or they may refer it for Early Resolution.
Early Resolution can include a range of options some of which are;
- Establishing an agreement between you and the other person regarding changes in how you communicate or interact
- Separating you and the other person
- Conducting a "no fault" conversation with written confirmation
- Conducting training on discrimination for you or the other person's department
- Referrals to campus Mediation Services, Academic and Staff Assistance Program
An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination.
UC Davis employees have a right to:
- Report discrimination
- Assist in the complaint process
- Participate in an investigation
Benefits of Early Resolution
- Resolve issues at the earliest stage possible
- Opportunity to foster improved relationships within your department
- Improves and promotes a better campus climate and workplace for all staff members
Principles of Community
While not a policy, important principles for us to practice, and model:
"We confront and reject all manifestations of discrimination, including those based on race, ethnicity, gender, age, disability, sexual orientation, religious or political beliefs, status within or outside of the university, or any of the other differences among people which have been excuses for misunderstanding, dissension, or hatred."