Affirmative Action, Non-Discrimination, and Title IX Non-Discrimination Policy Statement

Affirmative Action, Non-Discrimination, and Title IX compliance at the University of Massachusetts Amherst are overseen by the Equal Opportunity and Access Office (EOAO). Important related policies with which UMass community members comply are provided on EOAO's website.

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Know Your Rights: Workplace Discrimination is Illegal

U.S. Equal Employment Opportunity Commission
Know Your Rights: Workplace Discrimination is Illegal

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.

Who is Protected?

• Employees (current and former), including managers and temporary employees
• Job applicants
• Union members and applicants for membership in a union

What Organizations are Covered?

• Most private employers
• State and local governments (as employers)
• Educational institutions (as employers)
• Unions
• Staffing agencies

What Types of Employment Discrimination are Illegal?
Under the EEOC’s laws, an employer may not discriminate against you, regardless of your immigration status, on the bases of:

• Race
• Color
• Religion
• National origin
• Sex (including pregnancy and related conditions, sexual orientation, or gender identity)
• Age (40 and older)
• Disability
• Genetic information (including employer requests for, or purchase, use, or disclosure of genetic tests, genetic services, or family medical history)
• Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

What Employment Practices can be Challenged as Discriminatory?
All aspects of employment, including:

• Discharge, firing, or lay-off
• Harassment (including unwelcome verbal or physical conduct)
• Hiring or promotion
• Assignment
• Pay (unequal wages or compensation) Failure to provide reasonable accommodation for a disability or a sincerely held religious belief, observance or practice
• Benefits
• Job training
• Classification
• Referral
• Obtaining or disclosing genetic information of employees
• Requesting or disclosing medical information of employees
• Conduct that might reasonably discourage someone from opposing discrimination, filing a charge, or participating in an investigation or proceeding.

What can You Do if You Believe Discrimination has Occurred?
Contact the EEOC promptly if you suspect discrimination. Do not delay, because there are strict time limits for filing a charge of discrimination (180 or 300 days, depending on where you live/ work). You can reach the EEOC in any of the following ways:

• Submit an inquiry through the EEOC’s public portal: https://publicportal.eeoc.gov/Portal/Login.aspx
• Call 1–800–669–4000 (toll free) 1–800–669–6820 (TTY) 1–844–234–5122 (ASL video phone)
• Visit an EEOC field office (information at www.eeoc.gov/field-office)
• E-Mail info [at] eeoc [dot] gov

Additional information about the EEOC, including information about filing a charge of discrimination, is available at www.eeoc.gov.

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) enforces the nondiscrimination and affirmative action commitments of companies doing business with the Federal Government. If you are applying for a job with, or are an employee of, a company with a Federal contract or subcontract, you are protected under Federal law from discrimination on the following bases:

• Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National Origin Executive Order 11246, as amended, prohibits employment discrimination by Federal contractors based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment
• Asking About, Disclosing, or Discussing Pay Executive Order 11246, as amended, protects applicants and employees of Federal contractors from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.
• Disability Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment by Federal contractors. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship to the employer. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.
• Protected Veteran Status The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination against, and requires affirmative action to recruit, employ, and advance in employment, disabled veterans, recently separated veterans (i.e., within three years of discharge or release from active duty), active duty wartime or campaign badge veterans, or Armed Forces service medal veterans.
• Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination by Federal contractors under these Federal laws. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under OFCCP’s authorities should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP) U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 1–800–397–6251 (toll-free) If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. OFCCP may also be contacted by submitting a question online to OFCCP’s Help Desk at https://ofccphelpdesk.dol.gov/s/, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor and on OFCCP’s “Contact t Us” webpage at https://www.dol.gov/agencies/ofccp/contact.

PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

• Race, Color, National Origin, Sex: In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.
• Individuals with Disabilities Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

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Policy Against Discrimination, Harassment, and Related Interpersonal Violence

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including the Policy Against Discrimination, Harassment, and Related Interpersonal Violence.

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Statement of Affirmative Action and Equal Opportunity (Trustee Policy)

The conduct of UMass Amherst employees is guided, in part, by federal law, state law, University policy including policies enacted by the University of Massachusetts Board of Trustees including the Statement of Affirmative Action and Equal Opportunity.

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Fair Employment in Massachusetts

Fair Employment in Massachusetts

Applicants to and employees of private employers with 6 or more employees*, state and local governments, employment agencies and labor organizations are protected under Massachusetts General Laws Chapter 151B from discrimination on the following bases:

RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, SEX, GENDER IDENTITY, SEXUAL ORIENTATION, GENETIC INFORMATION, ANCESTRY, MILITARY SERVICE M.G.L. c. 151B protects applicants and employees from discrimination in hiring, promotion, discharge, compensation, benefits, training, classification and other aspects of employment on the basis of race, color, religion, national origin (including unlawful language proficiency requirements), age (if you are 40 years old or older), sex (including pregnancy), gender identity, sexual orientation, genetic information, ancestry, and military service. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose an undue hardship.

HARASSMENT Sexual harassment includes sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with a person’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. The law also prohibits harassment based on the protected classes set forth above.

PARENTAL LEAVE The law requires employers to grant an employee who has completed an initial probationary period and has given two (2) weeks’ notice of the anticipated date of departure and the employee’s intention to return, at least eight (8) weeks of paid or unpaid leave for the purpose of childbirth, adoption of a child under 18, or adoption of a child under 23 years old if the child has a mental or physical disability. DISABILITY M.G.L. c. 151B prohibits discrimination the basis of disability, a record of disability or perceived disability, in hiring, promotion, discharge, compensation, benefits, training, classification and other aspects of employment. Disability discrimination may include failing to reasonably accommodate an otherwise qualified person with a disability.

RETALIATION It is illegal to retaliate against any person because s/he has opposed any discriminatory practices or because s/he has filed a complaint, testified, or assisted in any proceeding before the Commission. It is also illegal to aid, abet, incite, compel or coerce any act forbidden under M.G.L. c. 151B, or attempt to do so.

DOMESTIC WORKERS M.G.L. c. 151B prohibits discrimination and harassment against certain domestic workers where the employer has one (1) or more employee.* While some exclusions apply, domestic workers generally include individuals paid to perform work of a domestic nature within a household on a regular basis, such as housekeeping, housecleaning, nanny services, and/or caretaking. Employers are prohibited from engaging in sexual harassment and harassment and/or discrimination based on the protected classes described above, i.e. race, color, etc. Domestic workers are also entitled to parental leave.

CRIMINAL HISTORY INQUIRIES The law prohibits employers from asking applicants on an initial employment application for any criminal background information unless an exemption by statute or regulation exists.

MENTAL HEALTH FACILITY ADMISSION INQUIRIES Employers may not refuse to hire or terminate an employee for failing to furnish information regarding his/her admission to a facility for the care and treatment of mentally ill persons. An employment application may not seek information about an applicant’s admission to such a facility.

IF YOU HAVE BEEN DISCRIMINATED AGAINST If you feel you have been harassed or discriminated against, you should immediately file a charge of discrimination with the Massachusetts Commission Against Discrimination, www.mcad.gov, at one of the offices below. An agreement with your employer to arbitrate your discrimination claim(s) does not bar you from filing a charge of discrimination.

Boston Office: 1 Ashburton Pl., Suite 601, Boston, MA 02108 – P: 617-994-6000 F: 617-994-6024
New Bedford Office: 800 Purchase St., Room 501, New Bedford, MA 02740 – P: 508-990-2390 F: 508-990-4260
Springfield Office: 436 Dwight St., Room 220, Springfield, MA 01103 – P: 413-739-2145 F: 413-784-1056
Worcester Office: 484 Main St., Room 320, Worcester, MA 01608 – P: 508-453-9630 F: 508-755-3861
For more information, please see our website: www.mass.gov/mcad/

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Massachusetts - Sexual Harassment is Illegal

If you are being sexually harassed, report it immediately to your supervisor or contact the UMass Equal Opportunity and Access Office (telephone 413.545.3464 / TitleIXCoordinator [at] umass [dot] edu (TitleIXCoordinator[at]umass[dot]edu)).

You can file a complaint of discrimination with the MA Commission Against Discrimination (MCAD) at one of the following locations:

Boston Headquarters
1 Ashburton Place, Ste. 601, Boston, MA 02108
Phone: 617-994-6000  Fax: 617-994-6024

New Bedford
128 Union St., Ste 206, New Bedford, MA 02740
Phone: 774-510-5801  Fax: 744-510-5802

Springfield
436 Dwight Street, Rm. 220, Springfield, MA 01103
Phone: 413-739-2145   Fax: 413-784-1056

Worcester
484 Main Street, Rm. 320, Workerster, MA 01608
Phone: 508-453-9630   Fax: 508-755-3861

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Massachusetts Pregnant Workers Fairness Act

The Massachusetts Pregnant Workers Fairness Act (“the Act”) provides various protections for pregnant and nursing employees.

Pursuant to the Act, employees have the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy. We endeavor to make our campus a welcoming place for all employees. It is important that  pregnant and nursing employees are aware of the resources which are available to them. While we believe that our campus practices are already in compliance with this Act, should you have any questions or concerns, the following offices are best situated to assist you:

• For questions related to accommodations for pregnancy or a pregnancy-related condition, contact the Accessible Workplace Office.
• For questions related to accommodations for nursing employees, including lactations spaces or release time, contact AskHR [at] umass [dot] edu.
• For concerns related to discrimination, harassment, or retaliation as defined by this Act, please contact the Equal Opportunity and Access Office.

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