1. Reporting Concerns

Any employee, applicant for employment or beneficiary of our federally assisted programs who believes that they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination on the basis of race, age, creed, color, religion, national origin or ancestry, sex, gender, veteran status, sexual orientation, gender identity or expression, or pregnancy, genetic information, or disability, or any other characteristic protected under applicable federal or state law should promptly report the matter to his or her immediate supervisor or anyone in their chain of authority and/or to UCAR’s Director of Human Resources, who serves as UCAR’s Section 504 and Title VI, Title VII, and Title IX Coordinator: 

Director of Human Resources
3090 Center Green Drive,
Boulder, CO 80301
(phone) 303-497-8721
(email)  HRdirector@ucar.edu

Anonymous complaints may also be made.  See this website for instructions: /ethics/anonymous-reporting .  Any supervisor or manager who becomes aware of a possible violation of this policy must promptly advise the Director of Human Resources or a member of the President's Council. 

2. Addressing Concerns

All complaints will be promptly investigated by Human Resources.  Individuals filing complaints will be notified of the results of the investigation as soon as possible following the conclusion of the investigation.  Human Resources generally follows the guidance of the Equal Employment Opportunity Commission (EEOC) in dealing with and investigating employee concerns. More information can be found at: http://www.eeoc.gov/laws/guidance/subject.cfm

If after investigating a complaint brought under the EEO Policy, UCAR determines that the complaint is not bona fide or that an employee has provided false information regarding the complaint, disciplinary action, including termination, may be taken against the individual who filed the complaint or who gave false information. 

3. Reasonable Accommodation

Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) and state law, UCAR will reasonably accommodate applicants for employment and employees with disabilities, as defined by law, and health conditions related to pregnancy or the physical recovery from childbirth.  Failure to reasonably accommodate such employees is a violation of federal and/or state law as well as UCAR policy.

To ensure that an employee with a disability can perform or continue to perform their job responsibilities, a reasonable accommodation by UCAR may include, but is not limited to, the purchase of special equipment, changing the physical layout of the workplace, and/or temporarily restructuring job responsibilities and work schedules.

To ensure that an employee with health conditions related to pregnancy or the physical recovery from childbirth can continue to perform her job responsibilities, a reasonable accommodation by UCAR may include, but is not limited to, more frequent or longer break periods, the purchase of special equipment or seating, temporary lifting limitations, and/or temporarily restructuring job responsibilities and work schedules.

UCAR will seek input from the employee and will determine what constitutes a reasonable accommodation on a case-by-case basis.  UCAR may require an employee or applicant to provide a note stating the necessity of a reasonable accommodation from a licensed healthcare provider before providing a reasonable accommodation.  No employee is required to accept an accommodation that the employee has not requested or an accommodation that is unnecessary for the employee to perform the essential functions of the job.

Medical documentation obtained in connection with the reasonable accommodation process must be kept confidential and maintained separately from an employee’s personnel file.  This includes the fact that an accommodation request was made or approved and information about the employee’s functional limitations.  Information regarding limitations may be shared with the employee’s supervisor and other supervisors/managers only as necessary to make appropriate determinations on a reasonable accommodation request, and all employees who obtain or receive accommodation information must otherwise keep such information confidential. 

An accommodation will not be deemed reasonable if UCAR has to: hire new employees that UCAR would not have otherwise hired, discharge an employee, transfer another employee with more seniority, promote another employee who is not qualified to perform the new job, create a new position (including a light-duty position, unless a light-duty position would be provided for another equivalent employee) for the employee, or provide the employee paid leave beyond what is provided to similarly situated employees.  

Under the ADA, a reasonable accommodation must not pose an “undue hardship” on the employer.  In limited instances, a requested accommodation may pose an "undue hardship" on UCAR, which prevents a particular accommodation from being offered. 

For more information regarding reasonable accommodation and undue hardship under the ADA, see the enforcement guidance from the equal employment opportunity commission (EEOC) at: https://www.eeoc.gov/policy/docs/accommodation.html  

4. Definitions

1. Discrimination:  Unfavorable or unfair treatment in employment practices such as recruiting, hiring, training, discipline, compensation, benefits, advancement, leaves, and discharge of a person or class of persons based solely on a person's or a class of persons' race, color, religion, national origin, gender, sexual orientation, age, disability, marital status, veteran status or any other characteristic protected by law.
    
2. Harassment:  A form of discrimination consisting of written, verbal or physical conduct which is a) unwelcome, b) based on a protected class (such as race, color, religion, national origin, gender, age or sexual orientation), c) severe or pervasive, and d) has a negative impact on conditions of employment.
    
3. Reasonable Accommodation:  Any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.  
    
4. Undue Hardship:  Undue hardship refers to an action requiring significant difficulty or expense to the employer. The following factors are considered in determining whether there is undue hardship to the employer: • the nature and cost of accommodation; • the overall financial resources of the employer; • the overall size of the employer’s business; • the accommodation’s effect on expenses and resources or its effect upon the operations of the employer; If the employer has provided a similar accommodation to other classes of employees, the Act provides that there is a rebuttable presumption that the accommodation does not impose an undue hardship.

5. Responsibilities

1. Laboratory and Program Directors are responsible for ensuring that their labs and programs are free from discrimination and harassment and that there is no retaliation against employees who: (i) initiate a complaint of or inquiry about discrimination or other unlawful harassment; or (ii) request or use a reasonable accommodation related to a disability, pregnancy, physical recovery from childbirth or a related condition.  Discrimination and harassment complaints and requests for accommodation that cannot be promptly granted should be immediately forwarded to the director of human resources.
    
2. Supervisors are responsible for ensuring that their departments are free from discrimination and harassment and that there is no retaliation against employees who: (i) initiate a complaint of or inquiry about discrimination or other unlawful harassment; or (ii) request or use a reasonable accommodation related to a disability, pregnancy, physical recovery from childbirth or a related condition. Discrimination and harassment complaints and requests for accommodation that cannot be promptly granted should be immediately forwarded to the Director of Human Resources. 
    
3. All employees are responsible for behaving in ways that maintain an environment that is free of discrimination, harassment and retaliation. Employees are also responsible for reporting inappropriate behavior in a timely manner.
    
4. The Director of Human Resources is responsible for ensuring that all human resources policies and procedures are in compliance with Federal, State, and local requirements; monitoring the uniform and consistent implementation of this policy; investigating charges of discrimination and harassment; and engaging with employees and their supervisors regarding the need for, and the options regarding, reasonable accommodation.