Discrimination and Harassment Policy Revised

UB Seal on Crosby Hall.

Published December 16, 2019

The Discrimination and Harassment Policy, approved and signed by President Tripathi, is available in the University Policy Library

Overview

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The University at Buffalo prohibits discrimination and harassment and requires that accommodations be provided to individuals when such accommodations are reasonable and necessary as a result of an individual’s disability, religion, pregnancy, maternity, breastfeeding, transgender status, or sexual violence victim status. This policy describes how the university will investigate or resolve reports of discrimination and harassment.

The university is committed to ensuring equal employment, educational opportunity, and equal access to services, programs, and activities without regard to an individual's race, color, national origin, sex, religion, age, disability, gender, pregnancy, gender identity, gender expression, sexual orientation, predisposing genetic characteristics, marital status, familial status, veteran status, military status, domestic violence victim status, or criminal conviction status. This includes, but is not limited to, recruitment, the application process, examination and testing, hiring, training, grading, disciplinary actions, rates of pay or other compensation, advancement, classification, transfer and reassignment, discharge, and all other terms and conditions of employment, educational status, and access to university programs and activities. Employees, students, applicants, or other members of the university community (including but not limited to vendors, visitors, and guests) may not be subjected to harassment that is prohibited by law or treated adversely based upon a protected characteristic.

Policy Revisions

The policy was updated to:

  • Specify that the timeframe for reporting discrimination is extended to within seven years of the alleged acts of sexual harassment for allegations of sexual harassment including sexual violence
  • Revise the definition of “discrimination” to specify that discrimination may also result from failure of the university to provide accommodations to individuals when required due to the individual’s transgender status or sexual violence victim status
  • Revise the definition of “harassment" based on changes to the New York State Human Rights Law. The previous definition of “harassment” was “Conduct that is unwelcome, severe, pervasive, or persistent enough to interfere with an individual's employment, education, or other access to university programs and activities, and that is targeted toward an individual or group based on a protected factor, including race, color, national origin, sex, religion, age, disability, gender, pregnancy, gender identity, gender expression, sexual orientation, predisposing genetic characteristics, marital status, familial status, veteran status, military status, domestic violence victim status, and criminal conviction status; harassment is a form of discrimination.”
  • Revise Appendix A, definition of “hostile environment” to:
    • Delete the words “is sufficiently severe or pervasive to” and replace with the words “has the effect of altering”
    • Add a reference to the New York State Human Rights Law (see, N.Y. Exec. Law § 296)

Applicability

This policy:

  • Applies to all persons without regard to race, color, national origin, sex, religion, age, disability, gender, pregnancy, gender identity, gender expression, sexual orientation, predisposing genetic characteristics, marital status, familial status, veteran status, military status, domestic violence victim status, and criminal conviction status
  • Applies to all members of the university community, including students, faculty, staff, volunteers, vendors, visitors, and guests
  • Applies to all employment and educational practices and actions
  • Applies to all job classifications and titles in the university and to all types of appointments under university jurisdiction, whether full time, part time, or volunteer
  • Governs all university policies, practices, and actions including but not limited to recruitment, hire, rate of pay or other compensation, advancement, upgrading, promotion, demotion, renewal, non-renewal, termination, transfer, layoff, leave, training, grading, housing, and employee and student benefits of whatever nature
  • Applies to all university organizational units
  • Expects that each contractor, supplier, union, public agency, or cooperative agent will support this policy by complying with applicable state and federal equal employment opportunity laws and regulations

Guidance

Questions can be directed to Equity, Diversity and Inclusion at 716-645-2266 or diversity@buffalo.edu.