Discrimination
What is discrimination?
Discrimination means treating a person less favorably than other people or groups. Not all discrimination is a violation of University policy. One can be subject to unfair treatment that does not violate University policy or state or federal law. An example would be being treated unfairly because someone doesn't like you for personal reasons or because of your political affiliations. Prohibited discrimination is treating someone differently based on a protected class. A protected class is a group of people protected against discrimination by University policy or by State and Federal law. At the University of Utah, the protected classes are: Race, Ethnicity, National Origin, Color, Religion, Sex/Gender, Sexual Orientation, Gender Identity, Gender Expression, Pregnancy, Pregnancy-Related Conditions, Disability, Veteran’s Status, Age, and Genetic information.
What is discriminatory harassment?
Discriminatory harassment is any unwelcome, typically repeated offensive conduct that
is directed at an individual because of their membership based upon a protected class.
Harassment is considered a form of discrimination.
What is the University's policy on accommodations for disability, religion, and pregnancy?
University policies require that reasonable accommodations be made based upon a person’s disability, religious beliefs, and pregnancy/pregnancy-related conditions. To request an accommodation, see the forms available here.
Does University policy prohibit retaliation?
University policy prohibits retaliation for having exercised rights protected under the Nondiscrimination policy. This includes someone reporting or opposing issues of discrimination and sexual misconduct, requesting a reasonable accommodation based upon religious beliefs, a disability, or a pregnancy or pregnancy-related condition. Retaliation also protects an individual’s right to file a Formal Complaint, participating as a witness, and protects a Respondent’s right to participate in an OEO/AA process. For more information, visit the Retaliation section.
Definitions of Protected Classes
Race/Color: Race includes someone’s race, but also includes personal characteristics associated with race, such as hair texture, skin color, or other facial features. Color discrimination involves treating someone unfavorably because of their skin color or complexion.
National Origin: National origin is based upon a person’s country of origin, country or part of the world, or because of their ancestry, and can include ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).
Sex/Gender: Sex/Gender includes someone’s sex/gender and includes sexual orientation, gender identity or pregnancy although University policy identifies each of these categories as separate protected classes. Sex/gender discrimination and harassment can also include conduct “of a sexual nature” but also includes sex/gender stereotyping.
Sexual Orientation: Sexual orientation is about who you’re attracted to and want to have relationships.
Gender Identity: Gender identity is one’s own internal sense of self and their gender. Unlike gender expression, gender identity is not outwardly visible to others.
Gender Expression: Gender expression is how a person presents outwardly, through behavior, clothing, voice or other perceived characteristics.
Pregnancy or Pregnancy-Related Conditions: Pregnancy or pregnancy-related condition includes pregnancy, childbirth, termination of pregnancy, or lactation, including medical conditions and recovery related to each of those conditions.
Disability: A person with a disability is defined as a person with a substantial limitation of a major life activity. You can be discriminated against for having a disability, because someone assumes you have a disability, or because you have a past history (a record) of a disability. University policy also provides for equal access to University programs and activities, and for reasonable accommodations.
Religion: Religion includes people’s beliefs who belong to traditional organized religions such as Buddhism, Christianity, Hinduism Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs are also protected.
Age: All ages are protected through the University’s discrimination policy. There are some exceptions, for example where age is a requirement by state or federal law. There are also some exceptions for programs designed for minors (under the age of 18).
Protected Veterans Status: Protected veterans status means:
- Disabled Veteran: a veteran who served on active duty in the U.S. Military and is entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to disability compensation) under laws administered by the Secretary of Veterans Affairs, or was discharged or released from active duty because of a service-connected disability; or
- Other Protected Veteran: a veteran who served on active duty in the U.S. Military during a war, or in a campaign or expedition for which a campaign badge was authorized under the laws administered by the Department of Defense; or
- Recently Separated Veteran: a veteran separated within the past three years (a three-year period beginning on the date of the veteran's discharge or release from active duty in the U.S. Military); or
- Armed Forces Service Medal Veteran: a veteran who, while serving on active duty in the U.S. Military, participated in a U.S. Military operation that resulted in receiving an Armed Force service medal.
Genetic Information: Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about the manifestation of a disease or disorder in an individual's family members (i.e. family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.
Disability
University policy, consistent with federal law, prohibits discrimination against individuals with disabilities. University policy also provides for equal access to University programs and activities, and for reasonable accommodation in both academic programs and in the workplace. A person with a disability is defined as a person with a substantial limitation of a major life activity. You can experience discrimination for having a disability, because someone assumes you have a disability, or if you have a past history (a record) of a disability.
A person with a disability is defined as a person with a substantial limitation of a major life activity. You can be discriminated against for having a disability, because someone assumes you have a disability, or because you have a past history (a record) of a disability. University policy also provides for equal access to University programs and activities, and for reasonable accommodations. Not receiving a reasonable accommodation for your disability can also be a type of discrimination.
What is a reasonable accommodation for a disability?
Reasonable accommodations are adjustments to policies, procedures, or practices that allow a person with a disability to have an equal opportunity to participate in academics, employment, health care, or other University programs. Reasonable accommodations may include specialized equipment, auxiliary aids, policy modifications, academic adjustments or other accommodations that may be effective.
How do I request a reasonable accommodation for a disability?
- Students: Students needing ADA accommodations should contact the Center for Disability and Access at 801-581-5020 or info@disability.utah.edu.
- Campus Employees: ADA accommodations for Campus faculty and staff are administered through Human Resources (801-581-2169 or hraccommodations@utah.edu).
- University of Utah Hospitals and Clinics (UUHC) Employees: ADA accommodations for UUHC employees are administered by UUHC Human Resources (801-581-6500 or adarequest@hsc.utah.edu)
- Patients and Visitors: University of Utah patients and visitors may request an ADA accommodation by contacting the OEO/AA at 801-581-8365 or oeo@utah.edu.
More information, including disability-related accommodation request forms can be found on the University’s Accessibility webpage: https://accessibility.utah.edu/accommodations/index.php.
Religion
What is Religious Discrimination?
University policy prohibits discriminating against someone because of their religious beliefs and includes all aspects of religious observance and practices as well as belief. Religious discrimination is treating someone adversely because of religion or their religious beliefs, observances, and practices.
What is a religious accommodation?
The University will make good faith efforts to provide reasonable religious accommodations to faculty, staff, and students whose sincerely held religious practices, beliefs, or observances conflict with a University policy, procedure, or other academic or employment requirement, unless such an accommodation would create an undue hardship.
- Students seeking religious accommodation should contact the Office of the Dean of Students at (801)-581-7066.
- Campus facility and staff seeking religious accommodations should contact Human Resources at (801)581-2169.
- UUHC employees seeking religious accommodations should contact UUHC’s Human Resources at (801)-581-6500.
Pregnancy
What is pregnancy discrimination?
University policy prohibits discriminating against someone because of pregnancy or pregnancy-related conditions. Generally, pregnancy and pregnancy-related conditions are considered short-term conditions but in some cases pregnancy can be impacted by a disability or can turn into more significant health conditions. As such, pregnancy and can also intersect with protections provided to people with disabilities. Pregnancy or pregnancy-related conditions includes pregnancy, childbirth, termination of pregnancy, contraception, lactation, and recovery from pregnancy, childbirth, termination of pregnancy, lactation or their related medical conditions.
Can accommodations be given to me as an employee or a student because of my pregnancy or for a pregnancy-related condition?
The University is committed to creating an inclusive and accessible environment for pregnant and parenting students and employees. Reasonable accommodations must be provided to allow students or employees who are pregnant or have a pregnancy-related condition to fully participate in educational and employment opportunities, programs, and services, as long as such accommodations do not create an undue hardship on the department.
- Students seeking accommodations due to pregnancy or pregnancy-related conditions should contact the OEO/AA at (801)-581-8365 or oeo@utah.edu.
- Campus faculty or staff seeking accommodations due to pregnancy or pregnancy-related conditions should contact Human Resources at (801)581-2169.
- UUHC employees seeking accommodations due to pregnancy or pregnancy-related conditions should contact UUHC’s Human Resources at (801)-581-6500.
More information, including pregnancy and pregnancy-related accommodation request forms can be found on the University’s Accessibility webpage: https://accessibility.utah.edu/accommodations/index.php.
Gender Identity
University policy prohibits discrimination and harassment based upon a person’s gender identity and gender expression.
What is gender identity?
Gender identity is one’s own internal sense of self and their gender. Unlike gender expression, gender identity is not outwardly visible to others.
What is gender expression?
Gender expression is how a person presents outwardly, through behavior, clothing, voice or other perceived characteristics.
Why is respecting someone's chosen name or pronouns important?
Proper use of gender identity including pronouns is a critical way to signal courtesy and acceptance. Using someone’s correct pronouns or correctly pronouncing a person’s name is a way of respecting the individual as a person.
What is the University's policy regarding restrooms?
University policy requires that individuals may chose to use the restroom that aligns with their identity. Gender-free restrooms throughout the University can be found using the campus map.