Summary of Federal Laws and College Policies Applicable to The Citadel


Title VI of the Civil Rights Act of 1964
Title IX of the Education Amendments of 1972
Title VII of the Civil Rights Act of 1964 (as amended)
Equal Pay Act of 1963 (as amended)
Age Discrimination in Employment Act of 1967 (as amended)
Age Discrimination Act of 1975
Rehabilitation Act of 1973
Vietnam Era Veterans Readjustment Act of 1974
Executive Order 11246 (1965), as amended by Executive Order 11375
Americans With Disabilities Act of 1990

HOW FILE A COMPLAINT:

A member of the Citadel community who believes he/she has been subjected to unlawful discrimination should consult the appropriate policy statements, which can be reached via the links below, and/or contact the Chief Diversity Officer, Bridgette Beasley for assistance.

Grievance and Appeals Procedure
Sexual Harassment Policy (Memorandum 15)
Title IX Grievance Procedure
Title IX Grievance Form


DEFINITIONS:

Affirmative Action (AA)

Affirmative Action is taking positive actions to hire and promote QUALIFIED persons in protected groups. The protected groups are Federally defined as:

The Citadel's goal is to achieve a female and minority representation within each job category at The Citadel that is equal to the female and minority percentage in that job category in the recruitment area workforce. The main approach used to support this goal is to strive to have a pool rich in diversity and a fair hiring process.

Equal Employment Opportunity (EEO)

Equal Employment Opportunity means that all individuals must be treated equally in all employment activities (hiring, training, or promotion). Each person is to be evaluated on his or her ability to do the job, and must not be subjected to discrimination based on:


Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other physical and expressive behavior of a sexual nature. Such harassment can be verbal, non-verbal, or physical. Sexually harassing behavior that causes an intimidating, offensive, or hostile work environment, should be reported immediately to your supervisor, department head, or to the Office of Equal Employment (OEO).

Sexual harassment is a form of discrimination and will not be tolerated by the Citadel. You should be aware that substantiated incidents of sexual harassment will result in serious disciplinary action, up to and including dismissal. In addition to college sanctions, people who engage in sexual harassment may be subject to civil or criminal action.

If you have questions about the Citadel's Sexual Harassment Policy and Procedures (Memorandum 15), about options for responding to sexual harassment, or about the confidentiality and resolution of complaints, call the Office of Equal Opportunity in Human Resources, at 953-5252.

Title IX

In 1972 the United States Congress passed Title IX of the Education Amendment Act. This act banned sexual discrimination in education programs which received federal funding. In the realm of athletics, it required universities which received federal funding to provide equal athletic opportunities for men and women.

SUMMARY OF FEDERAL LAWS:

Title VI of the Civil Rights Act of 1964

Prohibits unlawful discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. No person can be excluded from participation in, be denied the benefits of or be subjected to discrimination in any university program or activity that receives Federal funds because of their race, color, or national origin.

Enforced by the Office of Civil Rights, U.S. Department of Education.

Title IX of the Education Amendments of 1972

Prohibits discrimination on the basis of sex in any education program or activity receiving Federal financial assistance. No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any education program or activity that receives Federal funds because of their sex.

Enforced by the Office of Civil Rights, U.S. Department of Education.

Title VII of the Civil Rights Act of 1964 (as amended)

Prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. All institutions or agencies with 15 or more employees are covered. Most terms and conditions of employment are covered, including:

Harassment on the basis of sex is a recent issue that has been defined as a violation of Title VII.

Enforced by the Equal Employment Opportunity Commission (EEOC).

Equal Pay Act of 1963 (as amended)

No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, that an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.

Enforced by the Equal Employment Opportunity Commission (EEOC).

Age Discrimination in Employment Act of 1967 (as amended)

Forbids age discrimination in employment by private or governmental employers with 20 or more employees against persons 40 years of age or older. Covers hiring, discharge, and classification, as well as other terms and conditions of employment.

Enforced by the Equal Employment Opportunity Commission (EEOC).

Age Discrimination Act of 1975

Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance.

Enforced by the Federal department or agency with which the contract is made.

Rehabilitation Act of 1973

Section 503 requires any employer with a Federal contract of $2500 or more to take affirmative action to employ and advance in employment qualified disabled persons. Section 504 prohibits discrimination against qualified disabled persons in programs or activities receiving Federal financial assistance.

Enforced by the Office of Federal Contract Compliance Programs, U.S. Department of Labor (503); Section 504 is enforced by the Office of Civil Rights, Department of Education.

Vietnam Era Veterans Readjustment Act of 1974

Requires any employer with a Federal contract of $10,000 or more to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era.

Enforced by the U.S. Department of Labor's Veterans Employment Service.

Executive Order 11246 (1965), as amended by Executive Order 11375 (1967) (added prohibition of discrimination based on sex)

Prohibits employment discrimination in institutions or agencies which have contracts with the Federal government for $10,000 or more. (Those institutions with Federal contract of $50,000 or more and 50 or more employees are required to develop written affirmative action plans with numerical goals and timetables.) Although the contract may involve only one unit within the institution, the affirmative action plan must cover all employees throughout the institution. Prohibited discrimination involves race, religion, color, sex and national origin. Essentially the same as Title VII with respect to the particular terms and conditions of employment covered.

Enforced by the Office of Federal Contract Compliance Programs, Department of Labor.

Americans With Disabilities Act of 1990

Guarantees equal opportunity in employment, public accommodations, transportation, state and local government services, and telecommunications for individuals with disabilities. This provision is based on the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. On July 26, 1992, the Act became applicable to businesses employing twenty-five or more persons and on July 26, 1994 it became applicable to employers of fifteen or more.

Enforced by several agencies depending on individual provision. Employment provisions enforced by the Equal Employment Opportunity Commission (EEOC).

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