Employment Discrimination Complaint Procedure
Revised Spring 2007
The City University of New York (CUNY) adheres to federal, state, and city laws and regulations regarding equal employment opportunity and affirmative action. Federal laws that incorporate equal employment opportunity components include, among others, Title VII of the Civil Rights Act of 1964, as amended in 1991, Title IX of the Educational Amendments of 1972, the Age Discrimination in Employment Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1974, and the Immigration Reform and Control Act of 1986. CUNY also complies with New York State and New York City human rights laws. Collectively, these laws prohibit discrimination in employment on the basis of race, color, national or ethnic origin, religion, age, sex, sexual orientation, transgender, disability, genetic predisposition or carrier status, alienage, citizenship, veteran, marital status, and prior arrest or conviction record under certain conditions.1 These laws also prohibit retaliation against an individual for raising an allegation of discrimination, filing a complaint alleging discrimination, or participating in a proceeding to determine if discrimination has occurred. The affirmative action laws governing CUNY include Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, and Section 402 of the Vietnam Era Veterans Readjustment Act of 1974.
1 The assessment of the conviction record of an applicant or employee must be reviewed in accordance with CUNY policies and the New York State Correction Law, Sec. 752, which among other things, states that if there is a direct relationship between one or more of the applicant’s previous conviction/s and the specific employment sought, or where employing the applicant poses an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, then the discrimination is not unlawful.
CUNY’s affirmative action policies and practices are part of its goal to provide equal employment opportunity and prevent discrimination. Such policies and practices apply to persons in federally protected groups as revised by the Office of Management and Budget during September 2006 including women, persons with disabilities, Vietnam Era veterans, Blacks or African Americans, Hispanics or Latinos, Asians, Native Hawaiians or Other Pacific Islanders, American Indians or Alaskan Natives, and Two or More Races. In addition, CUNY has designated Italian Americans as a protected group for whom these policies apply.
The Office of Faculty and Staff Relations adopted a CUNY-wide “Employment Discrimination Procedure” on January 25, 1999. In September 2000, the Graduate Center adapted the following procedure from the CUNY-wide statement.
Discrimination can take several forms. It can occur when a person is excluded from an employment opportunity or treated less favorably than other similarly situated persons because of race, color, religion, gender, national origin or citizenship status, disability, age, marital status, sexual orientation, prior arrest or conviction record, genetic predisposition or carrier status, or any other basis prohibited by law. This type of discrimination is considered “disparate treatment” or a difference in treatment. “Adverse impact” discrimination results from neutral employment policies and practices that may be applied evenly to all applicants or employees but have the effect of disproportionately excluding a group with a protected status. The failure to reasonably accommodate the religious practices of an applicant or employee, as well as the failure to provide reasonable accommodations for the known disabilities of an otherwise qualified applicant or employee, may also be discriminatory. Furthermore, harassment on any of these bases is contrary to law. The ADA also provides protections on the basis of a person’s perceived protected status.
The laws prohibiting discrimination in employment apply to all terms and conditions of employment, including, but not limited to, recruitment, testing, selection, hiring, work assignments, salary and benefits, performance evaluations, promotions and tenure, training opportunities, transfers, discipline, discharge, and working conditions.
This equal employment opportunity procedure applies to all job applicants and employees and, in some instances, former employees of the Graduate Center. Students employed by the Graduate Center have the right to equal employment opportunities in their capacity as employees.
This procedure for handling allegations of discrimination is objective and impartial, designed to assist in resolving equal employment opportunity issues and in investigating alleged illegal discrimination. This process does not supplant any rights employees may have to pursue allegations of discrimination through a collective bargaining agreement that includes discrimination as a ground for grievance, or any other rights conferred by law.
Each vice president, dean, director, executive officer, administrator, or other person with managerial or supervisory authority who becomes aware that an applicant or employee believes that s/he has been discriminated against should advise that applicant or employee of her/his right to contact the Affirmative Action Officer (AAO).
Issues of discrimination in the form of sexual harassment can be referred to any member of the Sexual Harassment Awareness and Intake Committee by any executive officer and any other person with supervisory responsibility.
CUNY places a strong emphasis on prompt action to resolve complaints alleging discrimination. Members of the Graduate Center community who believe they have been discriminated against are strongly encouraged to report allegations to any member of the Sexual Harassment and Awareness Intake Committee as promptly as possible. Delay in making a complaint may make it more difficult for the Graduate Center to conduct a proper investigation and reach a resolution.2 Applicants and employees are encouraged to consult with the Committee or AAO as soon as they become aware of an alleged violation Also, time limits, some of which are extremely short, apply when filing complaints with external agencies or when filing grievances under collective bargaining agreements. Those administrative agencies and/or labor relations representatives should be consulted directly for time limits and other filing requirements.
This procedure seeks to protect the privacy of persons making inquiries about their rights, as well as the rights of persons otherwise involved in an investigation. Therefore, while it is not possible to provide absolute confidentiality, the entire complaint, investigation, and resolution process will be handled discreetly. Information concerning the process will be divulged only on a need-to-know basis. All parties to the process are requested to adhere to a similar standard of discretion.
It is a violation of federal, state, and city law, as well as CUNY and Graduate Center policy, to retaliate against any person for opposing discrimination, filing a complaint, or participating in a proceeding to determine if discrimination has occurred. Complaints of retaliation will be investigated and a finding reached. Where findings warrant, appropriate disciplinary action will be taken.
A job applicant, employee, or former employee who wishes to make a complaint related to equal employment opportunity or affirmative action may consult with the Affirmative Action Officer (AAO) of the Graduate Center.
An employee has the right to meet privately with the AAO during working hours; however, the employee should obtain approval for leaving his/her work assignment. An employee need not disclose the details of the purpose of the meeting with the AAO to the supervisor. Managers and supervisors shall allow employees to meet with AAO at the earliest practicable time consistent with the operational needs of their units.
The AAO may arrange to meet with an employee outside the Graduate Center when necessary in order to support confidentiality. At an employee’s request, arrangements may also be made to hold meetings before or after working hours or during the employee’s meal period.
The initial consultation provides an opportunity for the AAO to learn the general nature of the employee’s allegations and to determine whether those allegations would, if demonstrated to be true, violate any law, regulation, or policy related to equal employment opportunity or affirmative action. If the facts presented do not point to any violation of law, regulation, or policy related to equal employment opportunity or affirmative action, the complainant will be so advised. The AAO, whenever possible, will provide information about other Graduate Center or CUNY offices that might provide guidance or assistance to the employee (i.e., The Graduate Center’s Ombuds Officer).
There may be circumstances where the AAO initiates an investigation of a matter that has come to the attention of The Graduate Center, even when no specific complaint has been made.
Requests for accommodations of a disability may be directed to the AAO, Edith Rivera, or the Assistant Vice President of Human Resources (Yosette Jones Johnson), or the ADA Coordinator (Matthew Schoengood).
After consultation with the AAO, where it has been determined that a possible violation may have occurred, the complainant will be informed of options available for subsequent action. These options can fall into two main categories:
- Alternative Dispute Resolution
- Internal Complaint Investigation
The objective of alternative dispute resolution (ADR) is to stop the behavior or action that forms the basis for the complaint of illegal discrimination without the Graduate Center engaging in a full investigation or making a finding as to whether discrimination has occurred. This option will be recommended if the AAO and the complainant agree that this approach has the potential to address the allegation(s). A decision to proceed through the ADR channel does not preclude a subsequent investigation if the complaint cannot be resolved through ADR. Possible resolutions through ADR include, but are not limited to:
- The complainant taking steps to resolve the complaint on her/his own without intervention by the AAO or a Graduate Center official.
- Ombuds Officer: The Ombuds Office is open to all students, faculty, staff, and administrators and provides a neutral, impartial, fair and confidential arena for alternative dispute resolution options. The Ombuds Officer will work with the complainant to discuss the ramifications of different choices that may be made to resolve a particular issue, engage in shuttle diplomacy, and act as a neutral party. All issues and information discussed are held in complete confidence. See last page for Ombuds Officer contact information.
- Complaint resolution activities facilitated by the AAO or another appropriate Graduate Center official. Whenever possible, complaints should be resolved within 90 working days following initiation of the complaint. Any settlement, withdrawal, or other disposition of such a matter does not constitute binding precedent in the resolution of similar complaints.
When ADR is not feasible or possible, the AAO will completely and thoroughly investigate discrimination complaints and will make a determination as to whether an antidiscrimination law, regulation, or City University or Graduate Center policy has been violated. If the AAO determines that a violation has occurred, action will be taken to correct the violation and where appropriate a recommendation may be made to the President to discipline employees who have engaged in discriminatory conduct.
Any employee wishing to pursue an investigation is encouraged to file a written complaint with the AAO. When a complainant is unwilling or unable to file a written complaint, the AAO will nevertheless investigate the complaint based on the complainant’s oral statements as soon as possible after the AAO receives a complaint. The appropriate parties will be notified that a complaint has been filed and that an investigation has begun.
Where the investigation of a complaint requires it, the AAO shall have the authority to request and examine relevant records and files and to make inquiries necessary to investigate the complaint. All Graduate Center employees are expected to cooperate with the investigation.
Anonymous complaints will be investigated, to the extent possible, as any other complaint to ascertain the existence of illegal discrimination and to remedy the problem, if necessary.
1. Finding that the Allegations Are Not Supported by the Facts
In the event that the investigation uncovers no reasonable basis for the allegations of discrimination, the complainant, the President, and all other appropriate parties will be notified of such outcome. At that time, the complainant will be notified of options available to her/him.
2. Finding that the Allegations Are Supported by the Facts
When the allegations of discrimination are substantiated by the facts, the AAO will make a written summary of the findings for the President. Following receipt of the report, the President shall promptly take such action as she deems necessary and proper to correct the effects or to prevent further harm to an affected party or others similarly situated. Examples of corrective action include but are not limited to commencing disciplinary proceedings that could result in discharge, issuing verbal warnings, transferring an employee, and/or granting a benefit wrongfully withheld. The Graduate Center’s action will vary from case to case and will depend upon the degree and type of violation that has occurred. If, before an investigation is fully completed, the President believes immediate action must be taken to protect the Graduate Center community, he/she may do so.
Any complainant has the right to request that the investigation be terminated at any stage of the process. However, the AAO may not terminate an investigation when there is evidence that the law or a CUNY or Graduate Center policy has been violated. In such an instance, the investigation must continue until a finding is made, and the AAO should make the complainant aware of the procedure. Where an investigation is terminated at the request of a complainant, however, all appropriate parties will be notified in writing of the termination.
1. Ombuds Officer
The Ombuds Office is open to all students, faculty, staff, and administrators and provides a neutral, impartial, fair and confidential arena for alternative dispute resolution options. The Ombuds Officer will work with the complainant to discuss the ramifications of different choices that may be made to resolve a particular issue, engage in shuttle diplomacy, and act as a neutral party. All issues and information discussed are held in complete confidence.3
2. Using the Grievance Procedure
In lieu of consulting with the AAO, and other college officials employees who are covered by collective bargaining agreements may use their contractual grievance procedures, within the time limits provided in those agreements, to report allegations of discrimination. Employees should consult their union contracts to review the protection provided and then contact their union representatives directly.
3. Using External Agencies
All applicants, employees, or former employees seeking to file a discrimination complaint are encouraged to file such complaint internally with the AAO; by contacting the AAO, a person does not forfeit her/his right to file an external complaint with an administrative agency handling discrimination complaints. Although the Graduate Center would prefer the opportunity to investigate allegations of discrimination internally and remedy situations where the law or Graduate Center/CUNY policies have been violated, an employee may, at any time, file a complaint of discrimination with a city, state, or federal administrative agency that enforces the law prohibiting discrimination. Once such an agency has intervened in a complaint, the AA Office will surrender jurisdiction of the matter to the CUNY Office of the General Counsel, which will take over administration of the complaint.
The following external administrative agencies enforce laws prohibiting discrimination. Each agency has a time limit governing the filing of complaints. Each agency should be contacted directly for information pertaining to filing a complaint.
U.S. Equal Employment Opportunity Commission
New York District Office
33 Whitehall Street, 5th Floor
New York, NY 10004
1.212.336.3620 or 1.800.669.4000
www.eeoc.gov
NYS Division of Human Rights
One Fordham Plaza
Bronx, NY 10458
1.718.741.8459
1.718.741.8304 (TOO)
NYC Commission on Human Rights
40 Rector Street
New York, NY 10006
1.212.306.7500
1.212.306.7686
Office of Civil Rights, Region II
32 Old Slip 26th Floor
New York, NY 10005
1.646.428.3800
OCR_NewYork@ed.gov
The AAO will maintain records of all complaints of discrimination whether they are processed through ADR, in an internal investigation, or by an outside agency.
REVISIONS
This policy and procedure may be revised at any time to remain current with the law and CUNY and Graduate Center policy.
Employees
Ms. Edith Rivera
Affirmative Action Officer
Rm. 7301 / 1.212.817.7405
Ms. Yosette Jones Johnson
Assistant Vice President of Human Resources
Rm. 8403 / 1.212.817.7700
Students
Mr. Matthew G. Schoengood
Vice President for Student Affairs
Rm. 7301 / 1.212.817.7400
Prof. Michelle Fine
Coordinator
Ph.D. Program in Psychology
(Social Personality)
Rm. 6304.17 / 1.212.817.8710
mfine@gc.cuny.edu
Prof. Shirley Lindenbaum
Deputy Coordinator
Ph.D. Program in Anthropology
Rm. 6402.04 / 1.212.817.8012
slindenbaum@gc.cuny.edu
Ms. Edith Rivera
Deputy Coordinator
Affirmative Action Officer
Rm. 7301 / 1.212.817.7410
erivera@gc.cuny.edu
Mr. Chris Caruso
Doctoral Student
Ph.D. Program in Anthropology
ccaruso@gc.cuny.edu
Ms. Stephanie Jensen-Moulton
Doctoral Student
Ph.D. Program in Music
Sjensen-moulton@gc.cuny.edu
Ms. Sharon Lerner
Director of Student Affairs
Rm. 7301 / 1.212.817.7413
slerner@gc.cuny.edu
Ms. Rhonda Palant
Assistant Program Officer
Ph.D. Program in Educational Psychology
Rm. 3204.07 / 1.212.817.8295
rpalant@gc.cuny.edu
Ms. Tawana Spellen
Assistant Director for Administration
Office of Information Technology
Rm. 8311 / 1.212.817.7353
tspellen@gc.cuny.edu
Ms. Rosa Valentin
CUNY Administrative Assistant
Office of Human Resources
Rm. 8403 / 1.212.817.7713
rvalentin@gc.cuny.edu
THE GRADUATE CENTER OMBUDS OFFICER
Dr. Rolf Meyersohn
Ombuds Officer
Room 7313
1.212.817.7191
rmeyersohn@gc.cuny.edu
