The terms "discrimination" and harassment" are legal terms of art. In the employment relations arena, discrimination involves adverse employment actions based on a protected category. In the education arena, discrimination involves adverse educational actions based on a protected category. "Adverse employment actions" include, but are not limited to, denial of promotions, unequal pay, demotions, terminations, etc. “Adverse educational actions” include, but are not limited to, denial of admission, unequal grading, suspensions, expulsions, etc.

 

Harassment, on the other hand, involves behavior that is based on a protected category that has the effect of unreasonably interfering with a reasonable person's performance or creating an offensive, hostile and intimidating work or educational environment. A “reasonable person” is defined as a person in the victim’s shoes, e.g., a “reasonable women” if sexual harassment, a “reasonable Black person” if racial harassment, etc. “Behavior” includes written, physical (e.g., touching, blocking movement) and verbal (e.g., jokes, derogatory comments) conduct.

 

To be actionable, the discrimination or harassment MUST occur because the alleged victim belongs to a protected category.

 

Sexual harassment is a particular type of harassment. The behavior involved in this harassment specifically includes physical (e.g., fondling, kissing, grabbing), verbal (e.g., sexual jokes, questions regarding sex life, requests for dates or sex), visual (e.g., sexual postings, sexual hand gestures) and/or unfavorable consequences for failing to submit to any of the above. Such behavior could be "economic" or "environmental."  "Economic" harassment occurs when a person in a position of power over the victim subjects the victim to offensive behavior based on the protected category and implies either overtly or covertly that employment or educational opportunities are conditional upon acceptance of the offensive behavior or retaliates against the victim for failing to accept those conditions. "Environmental" harassment, on the other hand, while it can be perpetrated by a person in power, is not tied to educational or employment opportunities per se.

 

In addition to prohibiting discrimination and harassment, CSUEB prohibits retaliation against an individual for reporting conduct the individual reasonably and in good faith believes is discrimination or harassment or participating in any investigation of discrimination or harassment.  Complaints of discrimination, harassment and retaliation should be directed to the Director of Equity and Diversity.  Individuals who believe they have been retaliated against for “blowing the whistle” regarding conduct unrelated to discrimination or harassment should follow the Whistleblower Retaliation Complaint Procedures.

 

For more detailed and additional information about discrimination and harassment please see the following sites:

 

• EO Policies and Procedures

 

• EO Off-Campus Resources