Section 1. The Employer and the Association agree not to discriminate in any way in violation of applicable law or University policy, against employees covered by the Agreement on account of race, religion, creed, color, national origin, sex, age, veteran status, sexual orientation, marital status, mental or physical disability, political belief or affiliation, or membership or non-membership in any organization.

Section 2. The Association and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, creed, color, age, sex, national origin, or mental or physical disability, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion, transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. To accomplish these goals certain positions may be designated as affirmative action target positions in accordance with the Employer's Affirmative Action Plan filed with the U.S. Department of Labor. The President of the Association shall be informed of such targeted positions simultaneously with the Division of Human Resources.

Section 3. No employee shall participate directly in any decision or recommendation relating to appointment, promotion, retention, or other condition of employment at the University of any parent, child, spouse, sibling, parent-in-law, sibling-in-law, child-in- law, or stepchild of such employee, or supervise the performance of any such person except under such circumstances as the CEO may determine as warranting waiver of this prohibition in the best interests of the University.

Section 4. The Employer and the Association acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no unit employee should be subjected to such harassment. The term sexual harassment as used here is conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.