Policy - Harassment and Discrimination

Discrimination may be related to an employee’s employment, hiring separation from employment, training or failure to train, including, but not limited to any claims for salary, bonuses, severance pay, vacation pay or any benefits under the Employee Retirement Income Security Act (ERISA). Sexual or other harassment or discrimination may be based on race, color, national origin, ancestry, pregnancy, religion, marital status, gender, sexual orientation, gender identity, citizenship status, medication condition or disability (as defined by the Americans with Disabilities Act , or any other state or local laws), age, or any other unlawful discrimination (under the Age discrimination in Employment Act as amended by the Older Workers Benefit Protection Act of 1990, Title VII of the Civil Rights Act of 1964, as amended or any other federal state, or local laws), or retaliation for any claim of discrimination.

Case law provides many examples of discrimination. All, however, can be summarized in the following manner: Disparate treatment resulting in discrimination occurs when an employer treats some individuals less favorably than other, similarly situated individuals because of their race, color, religion, sex, ancestry, pregnancy, marital status national origin, sexual orientation or gender identity. Thus, a Hispanic professor who has better credentials than a non-Hispanic professor, but was denied tenure while the non-Hispanic professor was granted tenure, will have a discrimination claim.

Examples of the verbal or physical conduct prohibited by Section 2 above include, but are not limited to:

1. Physical assault or battery;
2. A pattern of conduct (not legitimately related to the subject matter of a course if one is involved) which causes discomfort or humiliation or both, that includes one or more of the following: i) comments of a harassing or discriminatory nature or ii) explicit harassing or discriminatory statements, questions, jokes, or anecdotes, include the displaying or distribution of jokes and/or sexually explicit pictures via e-mail;
3. A pattern of harassing or discriminatory conduct which causes discomfort or humiliation, or both, to a reasonable person at whom the conduct was directed.

For information on the Iona College Harassment and Discrimination policy and procedure, please click here.