4-OP-C-7-I Office of Equal Opportunity and Compliance (EOC)
|Responsible Division:||Finance and Administration|
|Approving Official:||Kyle Clark|
|Effective Date:||January 1, 2014|
|Last Revision Date:||Unrevised at this time.|
The Florida State University (University) is committed to a policy ensuring that individuals with disabilities are not discriminated against and that they have equal opportunity and equal access to all the rights and privileges enjoyed by those who are not disabled. The Florida State University will comply with all applicable federal and state laws, regulations, ordinances, orders, and rules and will provide, upon request, reasonable accommodations to individuals with disabilities. This policy and procedure does not intend to expand what is required by law, but to provide procedures for implementation of reasonable accommodation requests.
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act Amendments Act of 2008
The Rehabilitation Act of 1973, Section 503-504
Architectural Barriers Act of 1968
Florida Statute Chapter 760.10 Florida Civil Rights Act of 1992
Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction
This policy is to establish reasonable accommodation request procedures for individuals with disabilities and to ensure that all appropriate parties participate in the interactive process ensuring an appropriate, reasonable, and effective accommodation(s) is implemented.
A. Scope and CoverageNON-STUDENT PROCEDURES FOR REASONABLE ACCOMMODATION REQUESTS
This policy applies to all faculty, staff, applicants, students, and visitors on campus who are individuals with disabilities.
The Human Resources’ Office of Equal Opportunity and Compliance (EOC) is the primary internal authority for the University, with responsibility to ensure equal access and opportunities for faculty, staff, applicants, and visitors with disabilities. Preliminary contact can be made with Employment and Recruitment Services for assistance with the application process and/or the hiring authority for assistance during the interview process.
The Student Disability Resource Center (SDRC) is the primary advocate for students with disabilities. SDRC works with faculty and staff to provide accommodations for the unique needs of students both in and out of the classroom. Students who believe they need an academic related reasonable accommodation are encouraged to contact SDRC at (850) 644-9566 or at 108 Student Services Building.
It is a violation of this policy for anyone to intentionally submit forged documentation. Any person who intentionally misrepresents or omits facts under this policy shall be subject to disciplinary action or other administrative consequences. Failure to document a disability is not equivalent to falsifying documentation.
D. Record Keeping/Confidentiality
All employee records containing medical information that may be identified as relating to a disability must be maintained as "medical confidential" and kept separate from the employee's personnel file or departmental file. This information will remain confidential and only made accessible as allowed by federal and state law. Information obtained from an employee's medical examination or inquiry shall not be used to discriminate against the employee in any employment practice.
All medical confidential documents regarding requests for reasonable accommodation must be forwarded to the University ADA Coordinator, in the EOC, where they will be retained for the minimum period required by applicable local, state, and federal laws.
These procedures apply to all faculty, staff (AEX, A&P, USPS, and OPS), applicants, and visitors. To initiate a request for a reasonable accommodation, or to follow up upon a verbal request, faculty, staff, applicants, or visitors must submit a completed Reasonable Accommodation Request Form (RARF) to the ADA Coordinator in the EOC.
Any supervisor or department hosting an event who receives a verbal or written request for assistance as the result of a health condition shall direct the individual to the University’s RARF. Additionally, the supervisor or hosting department shall contact the ADA Coordinator to report the request immediately, but no later than two working days. Any individual with a disability may submit a request directly to the ADA Coordinator.
B. Reasonable Accommodation Procedures
Following the submission of a completed RARF to the ADA Coordinator, the ADA Coordinator will engage the requestor and the appropriate approving authority in an interactive process to further evaluate the request for a reasonable accommodation. The interactive process will include:1. Written confirmation of receipt of request provided to the requestor.C. Determinations
2. Completion of a Medical Certification of Disability form by the requestor’s health care professional, unless the nature and impact of the disability is apparent. The medical certification should include information that supports the existence of the disability, its functional limitations, and the need for an accommodation in order for the individual to perform the job or participate in the campus event.
3. A threshold determination made by the ADA Coordinator as to whether the requestor meets the ADA’s definition of ‘individual with a disability,’ and thus, is or is not entitled to a reasonable accommodation.
4. If the threshold is met, a private interview conducted by the ADA Coordinator with the requestor to ascertain relevant information and confirm the need for a reasonable accommodation. Interview topics may include:a. Detailing the specifics of how the impairment impacts the requestor’s job duties or ability to participate in a campus event;5. A meeting with the appropriate approving authority to discuss the requested accommodation and determine what accommodation is appropriate and reasonable under the circumstances or if the request imposes an undue hardship.
b.How the limitations could be overcome with a reasonable accommodation;
c. Identification of potential reasonable accommodations; and,
d. An assessment of the effectiveness the accommodation(s) would have in enabling the individual to perform the essential functions of the position or to participate in the campus event.
6. A written determination to the requestor.
Determinations relating to an individual’s request for a reasonable accommodation may be approved or denied (partially or completely). All reasonable accommodations shall be reviewed and approved by the requestor, the appropriate approving authority, and the ADA Coordinator. The approved reasonable accommodation request will be implemented and, when applicable, periodically reviewed to ensure it remains effective and appropriate.
Costs incurred with the implementation of an approved reasonable accommodation request are the responsibility of the department in which the individual is or will be employed or by the department sponsoring the event in which the individual desires to participate.An accommodation may be denied (partially or completely) based on the following circumstances:1. The requested accommodation imposes an undue hardship on the business unit and University. Departments must explore possible alternative accommodations in conjunction with the ADA Coordinator. If none exist, then the department will submit a statement of undue hardship explaining the reason(s) for the denial.
2. The requestor is unable to perform the essential functions of the job, even with a reasonable accommodation, as documented by a health care professional.
3. The requestor is not an individual with a disability, as documented by a health care professional.
4. The requestor failed to participate in the interactive process.
ADA DISCRIMINATION COMPLAINT PROCEDURES
Any employee, applicant, or visitor may file a complaint regarding an alleged violation of this policy by following the procedures set forth in the University’s Equal Opportunity, Non-Discrimination, and Non-Retaliation Policy & Procedures.
BOG Regulation 1.001(5)(a)
Florida State University's Grant-in-Aid (GIA) Program is intended to attract, develop and retain high-performing, qualified staff, as well as foster workplace diversity at all levels.
Florida State University's Employee Grant-in-Aid Program helps to enhance and maintain the University's status as an "employer of choice" and as a "great place to work." This initiative is among various University strategies intended to attract, develop and retain high-performing staff and foster workplace diversity at all levels. Faculty, University Support Personnel System (USPS) and Administrative and Professional (A&P) staff may apply, according to eligibility standards set by a committee.
The GIA Program is coordinated by the Human Resources' Office of Equal Opportunity and Compliance , which acts as staff for the GIA Selection Committee. The President or President's designee appoints the Committee. The Committee reviews all applications and makes recommendations to the President regarding finalists.
To be eligible for the award, applicants must be U. S. citizens or permanent residents and full-time, salaried employees. Also, applicants must submit a completed application form with appropriate attachments; two letters of nomination for the award, including one from their immediate supervisor and/or department head; a resume; and, all post-high school transcripts no later than the published deadline.
The Selection Committee reviews each eligible applicant's submitted information and numerically ranks each applicant, based upon the following points system:
- 1. Applicant is pursuing a degree in an under-represented discipline/field or employment area: Yes=3; No=0
- 2. Academic Performance-Based on GPA: 3.0 to 4.0 = 3; 2.5 to 2.9 = 2; and 2.0 to 2.4 = 1
- 3. Expected graduation date with grant: Less than one (1) year = 3; Less than two (2) years = 2; and two (2) to five (5) years = 1
- 4. Need-Based: Applicant will receive no additional financial aid = 3; Applicant will receive additional financial aid = 2
- 5. Motivation/commitment and qualifications based on personal statement, resume and reference letters: Outstanding = 3; Above Satisfactory = 2; and Satisfactory = 1
- 6. Other Considerations: May include, but not be limited to, need, non-traditional discipline and strength of letters of recommendation. Maximum = 10
- 7. Maximum possible score = 25
D. FINAL RECOMMENDATIONS
The Selection Committee determines the finalists by adding total points assigned to each applicant from each Committee member. The applicant(s) with the highest composite score will be the recipient(s). The Chairperson then forwards the Committee's recommendations to the President for review and approval.
F. TIME FRAMES AND RECORDS
Applications and letters of nomination for the Employee Grant-in-Aid Program will be accepted for approximately six weeks during the Spring semester.
All records of the selection process, and transmittals thereof, will be maintained within the Human Resources' Office of Equal Opportunity and Compliance , unless otherwise authorized.
G. AWARD REQUIREMENTS
Grant-in-Aid applicants should have at least two (2) years employment in a regular University position at the time of application.
Grant-in-Aid recipients must:
- 1. Agree to continued employment with the University for a period of time equal to twice the length of the leave, excluding Summer term(s); and,
- 2. Successfully complete a course load during the award period consisting of major discipline core courses, full-time academic and/or relevant electives applicable towards their educational goal and/or practicum/internship; and,
- 3. Participate in any follow-up assessments that may be conducted with respect to program accountability through the Human Resources' Office of Equal Opportunity and Compliance .
H. OTHER PROGRAM INFORMATION
USPS recipients receive payment of their regular salary and benefits for up to two semesters, plus a $600 stipend per semester. During the award period, which is considered educational leave, the recipient is not required to work. The recipient's work unit may receive funding of up to $3,000 for each full-time semester of leave granted, with approval of the Human Resources' Office of Equal Opportunity and Compliance and the Grant-in-Aid Committee.
Faculty and A&P staff recipients receive their salaries and benefits for up to two semesters of leave with no requirement to work during the time the award is in effect. Funding of up to $5,000 per full-time semester of educational leave is available, with approval of the Human Resources' Office of Equal Opportunity and Compliance and the Grant-in-Aid Committee.
Florida State University (University) is an affirmative action and equal opportunity employer supporting a culturally diverse educational and work environment. The University is committed to a policy of equal opportunity, non-discrimination and non-retaliation for any member of the University community on the basis of race, creed, color, sex, religion, national origin, age, disability, veterans’ or marital status, sexual orientation, gender identity, gender expression, or any other protected group status. This policy applies to faculty, staff, students, visitors, applicants, and contractors in a manner consistent with applicable federal and state laws, regulations, ordinances, orders and rules, and University's policies, procedures, and processes. It addresses all terms and conditions of employment in addition to student life, campus support services and/or academic environment.
The University expressly prohibits unlawful discrimination, harassment, or retaliation, whether in assumption, attitudes, acts, or policies. Conduct that intimidates by threat, brings about adversity, or creates a hostile environment, is contrary to the University's commitment of maintaining a harmonious, high performance work and educational environment.
Retaliation against an individual, who in good faith brings a discrimination or harassment complaint, participates in the investigation of a complaint, or engages in some other protected activity, is expressly prohibited and will be regarded as a separate and distinct cause for discipline under these procedures.
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act Amendments Act of 2008
The Rehabilitation Act of 1973, Section 503-504
The Federal Civil Rights Act of 1964, Titles VI-VII
The Federal Civil Rights Act of 1991
The Education Amendments of 1972, Title IX
The Equal Pay Act of 1963
The Pregnancy Discrimination Act of 1978
The Age Discrimination in Employment Act of 1967
The Vietnam Era Veterans’ Readjustment Assistance Act
The Uniformed Services Employment and Reemployment Rights Act
The Genetic Information Nondiscrimination Act of 2008
Executive Order 11246
Florida Statute Chapter 760.10, Florida Civil Rights Act of 1992
Florida Statute Chapters 119.071, 295.07, and 1012.91
FSU Regulation FSU-4.013
The objective of this policy is to establish complaint procedures for any faculty, staff, students, visitors, applicants, and contractors who believe a harassing or discriminatory act has occurred. Upon submission of a complaint to the appropriate investigating authority, an impartial review will be conducted.
A. Scope and CoverageNON-STUDENT COMPLAINT PROCEDURES
The scope of this policy applies to all employment, business transactions, and academic practices involving the University.
The Office of Equal Opportunity and Compliance (EOC) is the internal authority within the University whose responsibility is to investigate applicant and employee formal complaints of discrimination. EOC also investigates any alleged retaliation against those who engage in or utilize the University's non-discrimination policies and procedures. EOC has full investigative authority. Complaints which are covered exclusively under the provisions of a valid collective bargaining agreement remain subject to those provisions.
The Dean of Students Department is responsible for reviewing student complaints of unlawful harassment or discrimination on the basis of race, creed, color, sex, religion, national origin, age, disability, veterans’ or marital status, sexual orientation, gender identity, gender expression, or any other protected group status. Dean of Students Department, Non-Discrimination Policy and Grievance Procedures can be found at http://deanofstudents.fsu.edu/policypdf/Non-Discrimination%20&%20Grievance_0910.pdf. Students who believe they have been unlawfully harassed or discriminated against are encouraged to contact the Dean of Students Department at 644-2428. Or students may contact the Director of the Office of Multicultural Affairs at firstname.lastname@example.org, 644-2450 or complete the FSU Student discrimination form at http://oma.fsu.edu/documents/FSU Discrimination Report.pdf.
Any person who has been determined to have violated this policy shall be subject to disciplinary action. The specific penalties imposed upon violators will be commensurate with applicable laws and/or in accordance with University rules, regulations, policies, procedures and collective bargaining agreements.
It is a violation of this policy for anyone to knowingly make false accusations of discrimination, harassment, or retaliation. Any person who knowingly or intentionally files a false complaint or intentionally misrepresents or omits facts under this policy shall be subject to disciplinary action. Failure to prove a claim is not equivalent to a false allegation.
The following procedures described in this document apply to all faculty, staff (A&P, USPS, and OPS), visitors, contractors, and applicants alleging violations of federal and state civil rights laws, and the Florida State University Equal Opportunity, Non-Discrimination, and Non-Retaliation Policy. These complaint procedures are internal to the University and have been adopted to demonstrate the University's commitment to an environment free from discrimination and retaliation.
A. ResponsibilitiesOTHER FACULTY AND STAFF GRIEVANCE SOURCES
Any applicant, faculty member, or staff employee who has witnessed what is perceived to be a violation of this policy should promptly report that conduct to EOC, who will then proceed as appropriate. Any supervisor who has witnessed, becomes aware of, or receives a complaint of discrimination and/or retaliation involving a person within that supervisor's purview will be required to take prompt corrective action and promptly report the matter to EOC. Failure of the supervisor to take appropriate corrective action or to report the incident shall be in violation of this policy and shall constitute misconduct subject to disciplinary action. All parties are expected to fully cooperate in an investigation.
Complaints should be submitted to the EOC as soon as possible after the alleged discrimination or retaliation has occurred. EOC will conduct a prompt and thorough investigation. As a general rule, complaints asserted within 120 days of the alleged discriminatory or retaliatory act will be investigated by EOC. EOC will make reasonable efforts to investigate complaints brought forth that are more than 120 days old. All investigations will be completed thoroughly and as expeditiously as possible.
B. Filing a Complaint
To initiate a formal complaint, the aggrieved applicant, employee, or visitor, should submit a completed Discrimination and/or Retaliation Complaint Form to EOC or schedule an appointment with a EOC representative. EOC will conduct an impartial review of complaints alleging discrimination, harassment, or retaliation. Due process will be provided for individuals against whom a formal complaint of discrimination or retaliation has been made. EOC will ensure prompt and corrective measures to remedy unlawful discrimination or retaliation at Florida State University.
1. A private interview will be conducted by EOC with the Complainant to capture the alleged discriminatory or retaliatory conduct and the nature of the remedy desired. 2. EOC, in consultation with the General Counsel's Office, will make a threshold determination as to whether, presuming the facts underlying the allegation(s) to be true and accurate, the substance of the allegation(s) constitutes a violation of University policy. This preliminary determination will be made within five (5) work days from the date of the initial intake, and may include a determination of whether a formal investigation is required and/or whether appropriate intervening measures are necessary in order to comply with the requirements of federal and state law. 3. EOC may refer the Complainant to any other appropriate investigating authority for assistance if the allegations are not sufficient to warrant a discrimination and/or retaliation investigation. If the initial facts are sufficient to warrant an investigation, the matter will remain in EOC for further review and inquiry and all parties, Complainant and Respondent, will be given notice. 4. The investigation may include, but is not limited to interviewing witnesses, collecting documentation, and seeking any additional information as necessary. EOC investigators shall have unrestricted access to all pertinent materials, records, reports and documents within the possession or control of the University, and shall be afforded the opportunity to interview all persons possessing relevant information. Investigation of complaints of discrimination and/or retaliation generally will be completed within sixty (60) work days from the date of the initial intake unless the parties agree to informally resolve their concerns. 5. Informal resolutions of the complaint may be recommended by EOC. After obtaining consent from the parties involved, EOC will arrange for information to be shared between the parties regarding applicable issues and appropriate remedies. Failure to reach an amicable resolution will result in the continuation of the investigation. 6. At the conclusion of the investigation, EOC will prepare a written summation of its findings and will render its determination as to whether the Complainant was subjected to unlawful adverse treatment in violation of the University's Equal Opportunity, Non-Discrimination, and Non-Retaliation Policy. 7. A final written determination will be sent to the Complainant and Respondent, and the appropriate Vice President, Dean, Director and/or Department Head. 8. If corrective action or disciplinary action is required as a result of a finding against the Respondent, applicable procedures under the Florida State University's Rules & Regulations will be followed.
All complaints and other records in the custody of any unit of local government which relate to a complaint of discrimination relating to race, creed, color, sex, religion, national origin, age, disability, veterans’ or marital status, sexual orientation, gender identity, gender expression, or any other protected group status are exempt from Florida Statute s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a finding is made relating to a probable cause, the investigation of the complaint becomes inactive, or the complaint or other records is made part of the official record of any hearing or court proceeding.
All parties involved in an investigation or hearing, including witnesses, shall keep information concerning the investigation confidential. Violations of the confidentiality of other persons involved in a formal complaint, if identified and confirmed, may result in disciplinary or corrective action.
An individual who has a complaint that involves unlawful discrimination may pursue remedies with outside agencies such as the Florida Commission on Human Relations (FCHR). Employees may also file complaints of unlawful discrimination externally with the Regional Office of the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance (OFCCP), or utilize private counsel as desired. Any employee who feels that they have a complaint regarding issues impacting their employment, not based on unlawful discrimination, harassment, or retaliation, should first attempt to informally resolve the problem through communications with their immediate supervisor and if necessary, with the next level of supervision. If the problem is not resolved, additional resources for employees include the Employee and Labor Relations Office, the Employee Ombuds Program, the Faculty Development and Advancement, and the Employee Assistance Program.
Employees governed by collective bargaining agreements may utilize appropriate union grievance and appeal procedures.
This policy has been superceded by Policy 2-2 Sex Discrimination & Sexual Misconduct Policy.
4-OP-C-7-I5 WAIVER OF ADVERTISEMENT
This policy supports the University's continued commitment to implementing diversity and affirmative action initiatives. There may be occasions, when in the best interest of the University, FSU's policy to advertise all salaried positions for a minimum of seven days may be waived to fill positions.
The President has granted the Human Resources, Director of the Office of Equal Opportunity and Compliance the authority to waive advertising requirements of University faculty and staff positions under certain conditions. No waiver is required for faculty vacancies filled under the Provost's minority recruitment initiative.
Waivers of Advertising (also referred to as a "waiver of posting") are granted when evidence demonstrates a waiver will contribute to the achievement of unmet institutional benchmarks for employment, provided that it involves focused recruitment, or a position for which it is difficult to recruit candidates. The supervisor/hiring authority must obtain explicit approval from the appropriate Dean, Director, and or Department Head to seek/request a waiver. Under extraordinary circumstances a Waiver may also be requested for consideration as a business necessity in the event of unanticipated or other compelling circumstances. Such requests will require Vice Presidential approval.
Prior to the submission of a Waiver of Advertisement to the Office of Equal Opportunity and Compliance , supervisor/hiring authorities must ensure that proposed candidates meet the minimum qualifications of the position.
Procedure The Waiver of Advertisement Request Form is to be submitted to the Director of the Office of Equal Opportunity and Compliance, and accompanied by the following documentation:
|1.||The original, completed Waiver of Advertisement Request Form;|
|2.||The source from which the candidate was identified;|
|3.||The description of the specific circumstances and rationale for the request;|
|4.||The position description (A&P or USPS);|
|5.||The resume of the candidate; and,|
|6.||Any other pertinent information that should be considered: (e.g., other eligible, qualified candidates that were considered for the position; the proposed candidate has unique skills, abilities, and/or experiences that support the University's diversity, affirmative action or equity accountability initiatives).|
The demographics of the University's population are constantly changing; it should not be assumed that a waiver request granted once for a department will be granted again for a similar situation. Waivers are granted on a case-by-case basis prior to any employment offers.
All questions relating to the Waiver of Advertisement Policy should be addressed to Human Resources, Office of Equal Opportunity and Compliance .
4-OP-C-7-I6 BREAK TIME FOR NURSING MOTHERS
This policy provides guidance for nursing mothers who return to the workplace after the birth of a child and elect to use their break time to express milk.
Section 4207 of the Patient Protection and Affordable Care Act (P.L. 111-148) 29.U.S.C.§ 207(r)(1) (“PPACA”) became effective March 23, 2010 and amended Section 7 of the Fair Labor Standard Act (“FLSA”) to now require employers to provide reasonable breaks to nursing mothers needing to express milk.
The Patient Protection and Affordable Care Act of 2010, Section 4207
The Fair Labor Standards Act of 1938
A. Procedure1. FSU policy allows employees up to a 15 minute paid work break period during the first half and another 15 minutes during the second half of their workday.B. Employee Responsibilities
2. Nursing mothers, regardless of their appointment status in an exempt or non-exempt category, are allowed a reasonable amount of break time to express milk during the workday for her nursing child for 1 year after the child’s birth.
3. For A&P, Executive Service, and USPS employees, time to express milk shall include the nursing mother’s 15 minute work breaks. Any additional break time needed may be unpaid leave, annual leave, compensatory leave, or flex time due to an altered schedule with prior approval from the supervisor. Employees are responsible for maintaining their appointed hours for the workweek.
4. For OPS employees, time to express milk shall include the nursing mother’s 15 minute work breaks only. Any additional break time needed will be unpaid.
5. A mother who intends to express milk during work hours must give her immediate supervisor reasonable written notice of her intention including an outline of projected time needed during the workday to allow time to make accommodations, if necessary.
6. Nursing mothers are responsible for providing any supplies needed for the expression of milk.
7. Nursing mothers are permitted to express milk in their office or work area as long as they are concealed from view and are free from intrusion from other employees and the public.
8. If the nursing mother’s office or work area does not offer the above described privacy, then either the employee or the supervisor should contact the Office of Equal Opportunity and Compliance in Human Resources to discuss a reasonable alternative room or location in close proximity to the nursing mother’s office or work area (other than a restroom) where the mother can express milk.
1. A mother who intends to express milk during work hours must give her immediate supervisor reasonable written notice of her intention to allow time to make necessary preparations.C. Department Responsibilities
2. Nursing mothers are responsible for any equipment and supplies needed for the expression of milk.
3. Nursing mothers are permitted to express milk in their office or work area as long as they are concealed from view and are free from intrusion from other employees and the public.
4. The employee is responsible for the appropriate entry of time and/or leave in OMNI.
1. Acknowledge in writing the nursing mother’s notice of intention to use time during the workday to express milk in the workplace and forward a copy to the Office of Equal Opportunity and Compliance in Human Resources.
2. Permit the nursing mother reasonable break time to express milk during the workday to include paid and/or unpaid work breaks as appropriate and outlined in the procedures above.
3. The supervisor is responsible for ensuring the appropriate entry and/or approval of the employee’s time and/or leave in OMNI.