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Approved by the Board of Trustees
October 7, 2022
Statement of Non-Discrimination
Pomona College complies with all applicable state and federal civil rights laws prohibiting discrimination and harassment in the workplace. This policy uses the term “Legally Protected Characteristics” to encompass all of the categories that are protected by state and federal employment laws, including: sex (including pregnancy, childbirth and related medical conditions, breastfeeding, and conditions related to breastfeeding), gender identity and expression, pregnancy, religion (including religious dress and grooming practices), creed, color, race (including traits historically associated with race, including but not limited to hair texture and protective hairstyles), national or ethnic origin, ancestry, sexual orientation, medical condition, physical or mental disability, age (age 40 and over),marital status, registered domestic partner status, military and/or veteran status, , genetic characteristics and information or any other basis prohibited by state or federal law. All forms of harassment and discrimination destroy that foundation of respect and violate the sense of community vital to the College’s educational enterprise.
In addition, in accordance with California law, the College does not discriminate against employees on the basis of a lawful change of name, Social Security Number or federal employment authorization document (Labor Code section 1024.6); receipt of Medi-Cal coverage (Govt. Code section 13084); or having a California driver’s license with a “federal limits apply” notation (Govt. Code section 12926(v)), and, in the spirit of these laws, the College extends these protections to students. Similarly, the College also does not discriminate against employees and/or students with “driving privilege cards,” “driver authorization cards,” or other government-issued alternative driver’s licenses. Furthermore, in accordance with California law, the College does not discriminate against students on the basis of immigration status, primary language and citizenship (Civil Code section 51(b)), and, in the spirit of California law, extends these protections to employees. Verification of immigration status, and employment decisions based upon such verification where required by federal law, shall not constitute a violation of this Policy.
This Policy strictly prohibits all employees, including supervisors and managers, from engaging in unlawful discrimination and harassment against any individual at the College or at College activities occurring away from campus, including but not limited to all individuals regularly or temporarily employed, studying, or with an official capacity at Pomona College (such as Trustees, guest lecturers, volunteers, and contractors) and third parties with whom individuals may come into contact with in the workplace. The College also prohibits retaliation against any individual who makes a complaint or who participates in an investigation under this policy. This Policy covers admissions, access, and service in Pomona College programs and activities, as well as hiring, promotion, compensation, benefits, and all other terms and conditions of employment at Pomona College.
Equal Employment Opportunity Commitment
The College is committed to equal employment opportunity. The College does not discriminate on any basis protected by state and federal law, meaning that the College does not base employment decisions on any Legally Protected Characteristics possessed by the employee or any person with whom the employee is associated.
The College’s Equal Employment Opportunity policy governs all aspects of employment, including admissions, access, and service in Pomona College programs and activities, as well as hiring, training, promotion, compensation, benefits, discipline and discharge and all other terms and conditions of employment at the College.
The College offers reasonable accommodations to qualified individuals with physical or mental disabilities to the extent the accommodation will allow them to perform the essential functions of the job and will not create an undue hardship. The College also offers reasonable accommodations for an employee’s religious beliefs and observance. Further information relating to reasonable accommodations is available from the Human Resources Department. If an employee believes she/he needs reasonable accommodation because of a disability or religious practice, they should speak with the Human Resources Department or their supervisor.
Harassment-Free Campus and Workplace
The College strives to provide a campus and work environment where all individuals can visit, study, and/or work together comfortably and productively. Each individual has the right to visit, study and work in a professional atmosphere that promotes equal opportunity and prohibits discriminatory practices, including sexual and other forms of prohibited harassment. Such prohibited harassment is unacceptable and will not be tolerated. This Policy applies to all individuals in the workplace, not only employees but also contractors, unpaid interns and volunteers. It both protects these students,staff, faculty and visitor s and governs their conduct while engaged in College business and interacting with othermembers of the College.
The College prohibits workplace harassment based on an individual’s Legally Protected Characteristics. The workplace is not limited to the College’s facilities, but may also include client and vendor facilities, as well as anywhere a student- orbusiness-related function is taking place.
Prohibited harassment includes, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the employee’s normal work or movement.
Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on the College’spremises or circulated in the workplace that denigrates, shows hostility or aversion towards an individual or groupbecause of any Legally Protected Characteristic. Whether or not the person means to give offense or believed his or hercomments or conduct were welcome is not significant. Rather, the College’s Policy is violated when other workers,whether recipients or mere observers are, in fact, offended by comments or conduct based on a Legally Protected Characteristic, so as to disrupt their emotional tranquility in the workplace, interfere with their personal sense of well-being, or affect their ability to perform their job as usual.
Generally, to count as harassment under this Policy, such conduct must:
- be based upon one or more Legally Protected Characteristics;
- be offensive to the individual complaining of harassment and offensive to a reasonable person; and
- be so persistent, repetitive, pervasive, or severe that it has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, abusive or hostile educational,employment or living environment at the College.
Generally, statements and/or conduct legitimately and reasonably related to the College’s mission of education do notconstitute harassment.
Sexual Harassment
Both sex and gender are Legally Protected Characteristics, and sexual harassment is a type of harassment prohibited by this policy. Sexual harassment is defined as unwelcome sexual or gender-based conduct of any nature that creates an offensive or hostile work environment or unwelcome sexual conduct that is made a condition of working at the Company. Sexual harassment, like other forms of prohibited harassment, will not be tolerated.
Examples of prohibited sexual harassment include unwelcome sexual conduct such as: Verbal harassment (e.g., sexualrequests, comments, jokes, slurs); Physical harassment (e.g., touching, kissing); and Visual harassment (e.g., posters, cartoons, or drawings of a sexual nature).
Sexual harassment is not limited to conduct motivated by sexual attraction or desire. It may occur between members of the opposite sex or members of the same sex, regardless of their sexual orientation. It also may be in the form of non-sexual, offensive conduct that is directed at an individual because of his or her gender. This would include, for example, conduct based on the individual’s (i) gender identity or gender expression; (ii) pregnancy, childbirth, or related medical conditions; and/or (iii) breastfeeding and related medical conditions.
Harassment may also occur when submission to conduct described above is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment at the College, or participation in a College activity.
Complaint Procedures
If any member of the College community has questions or concerns about any type of discrimination or harassment, theyshould bring them to the attention of their supervisor, Student Affairs or Human Resources. Students and employees canraise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination or harassment will be subject to disciplinary action, up to and including expulsion and/or termination ofemployment.
It is the responsibility of all faculty, staff and students at the College to ensure compliance with this Policy. Accordingly, students, faculty and staff who believe they are being harassed or discriminated against, have observed harassment of, ordiscrimination against, another person at the College in violation of this Policy, or believe such conduct has occurred,should immediately report the incident following the complaint reporting procedures described in the TCC Title IX Policy, the College’s Faculty and Staff Title IX Policy, the College’s Sexual Misconduct, Harassment and Discrimination Policy or the College’s Discrimination and Harassment Investigation and Response Procedures. If students have any questions related to the TCC Title IX Policy, the Faculty and Staff Title IX Policy, the Sexual Misconduct, Harassment and Discrimination Policy, please contact Associate Dean of Students and Title IX Coordinator Erica Taylor (erica.taylor@pomona.edu); (909) 621- 8017. If students have any questions related to the Discrimination andHarassment Investigation and Response Procedures, please contact Associate Dean of Campus Life Ellie Ash-Bala (ellie.ash-bala@pomona.edu); (909) 621- 8611. If faculty have any questions related to these policies, please contactAssociate Dean Pierre Englebert (pierre.englebert@pomona.edu); (909) 621-8722). If staff have any questions related to these policies, please contact Assistant Vice President, Human Resources, Brenda Rushforth(Brenda.Rushforth@pomona.edu; (909) 607-1686).
If an immediate supervisor is involved in the conduct or, for some other reason, an employee feels uncomfortable making the report to that supervisor, the employee should report directly to the Human Resources Department. The College encourages prompt reporting of complaints so that it can take appropriate action. Late reporting by itself, however, will not preclude the College from taking remedial action. In addition, any individual may lodge a complaint of unlawful workplace discrimination, harassment or retaliation with the California Department of Fair Employment and Housing, www.dfeh.ca.gov, and/or the U.S. Equal Employment Opportunity Commission, www.eeoc.gov.
Any manager or supervisor who sees or hears about conduct that may constitute harassment, discrimination or retaliation under this Policy must immediately contact the Human Resources Department.
Prohibition Against Retaliation
This Policy prohibits Retaliation against any person who is exercising their rights under this Policy. Retaliation is defined as the taking of an adverse action by any student, faculty or staff member against another individual as a result of that individual’s exercise of a right under this Policy, including participation in the reporting, refusal to participate in, or assistance with the investigation, reporting, remedial or grievance processes as provided in this Policy or relevant College policies. Retaliation includes adverse actions intended to improperly deter involvement of another in these procedures set forth in this Policy, and may involve actions intended either to intimidate or to penalize individuals for their participation. Retaliation is strictly prohibited by law and/or this Policy; any person who is found to have engaged in retaliation shall be subject to disciplinary action, up to and including termination/dismissal. The College will not retaliate, nor will it tolerate retaliation, against individuals who complain in good faith about discrimination or harassmenton the campus or in the workplace. Claims of retaliation under this Policy will be addressed and resolved just like complaints of discrimination or harassment under the appropriate College policy/ies.
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