EEOC/AA Frequently Asked Questions (FAQs)
Whom Do I Contact If I Feel I Have Been Discriminated Against?
MUSC is committed to encouraging and sustaining a work and learning environments that are free from prohibited discrimination. Equal employment and educational opportunities are provided without regard to race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information.
If you believe that you have been treated in a negative or adverse manner because of one or more of the above, we encourage you to seek assistance. You may contact the Office of the University’s Chief Diversity Office. You may also raise your concern with Human Resources and your departmental HR administrator, your manager, director, dean, or chair.
You have the right to raise a concern of discrimination, without fear of reprisal and retaliation.
What is Harassment & What Do I Do If I Feel Harassed?
Generally, harassment occurs when there is unwelcome behavior that is either so extreme or persistent that it is likely to interfere with your work or education. Whether there has been conduct that rises to the level of harassment is fact-specific and depends, in part, on the context and surrounding facts of a particular situation. While it is helpful to understand the general definition of harassment, it is even more helpful and important to get assistance if you feel harassed.
The MUSC Harassment Policy and the Student Complaint Procedures prohibit retaliation for coming forward with a concern or complaint.
The MUSC Harassment Policy and Procedures prohibit all forms of harassment. If you have a question or concern about harassment, there are several places you can go for help. Employees may contact the Equal Employment Program Coordinator at 843-792-1282 in the Office of the University’s Chief Diversity Officer. You may also raise your concern with Human Resources Staff and your departmental HR administrator, your manager, director, dean or chair. Additionally, the University Compliance Office is tasked with providing a proactive program that ensures full compliance with all applicable policies, procedures, laws, and regulations.
Student Complaint Procedures are listed and the most common complaint categories can be found at the MUSC Bulletin/Academic Policies page.
If you believe that you have been sexually harassed by an undergraduate, graduate or professional student, or Faculty you may contact Connie Best, Associate Dean, Office of Gender Equity, for confidential support, 843-792-2945 Undergraduate, graduate, and professional students who wish Counseling and Psychological Services may contact CAPS at 843-792-1570.
- Under the Harassment Policy and Procedures, you can file a complaint or report of mistreatment not involving sexual misconduct by a student at the link above.
What is Title VII?
Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state, and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Equal employment opportunity cannot be denied any person because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII's prohibitions apply regardless of whether the discrimination is directed at Whites, Blacks, Asians, Latinos, Arabs, Native Americans, Native Hawaiians, and Pacific Islanders, multi-racial individuals, or persons of any other race, color, or ethnicity.
It is unlawful to discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment. Title VII prohibits not only intentional discrimination, but also neutral job policies that disproportionately affect persons of a certain race or color and that are not related to the job and the needs of the business. Employers should adopt "best practices" to reduce the likelihood of discrimination and to address impediments to equal employment opportunity.
Title VII's protections include:
Recruiting, Hiring, and Advancement
Job requirements must be uniformly and consistently applied to persons of all races and colors. Even if a job requirement is applied consistently, if it is not important for job performance or business needs, the requirement may be found unlawful if it excludes persons of a certain racial group or color significantly more than others. Examples of potentially unlawful practices include:
- Soliciting applications only from sources in which all or most potential workers are of the same race or color;
- Requiring applicants to have a certain educational background that is not important for job performance or business needs;
- Testing applicants for knowledge, skills or abilities that are not important for job performance or business needs.
Employers may legitimately need information about their employees or applicants race for affirmative action purposes and/or to track applicant flow. One way to obtain racial information and simultaneously guard against discriminatory selection is for employers to use separate forms or otherwise keep the information about an applicant's race separate from the application. In that way, the employer can capture the information it needs but ensure that it is not used in the selection decision.
Unless the information is for such a legitimate purpose, pre-employment questions about race can suggest that race will be used as a basis for making selection decisions. If the information is used in the selection decision and members of particular racial groups are excluded from employment, the inquiries can constitute evidence of discrimination.
Harassment/Hostile Work Environment
Title VII prohibits offensive conduct, such as racial or ethnic slurs, racial "jokes," derogatory comments, or other verbal or physical conduct based on an individual's race/color. The conduct has to be unwelcome and offensive, and has to be severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.
Compensation and Other Employment Terms, Conditions, and Privileges
Title VII prohibits discrimination in compensation and other terms, conditions, and privileges of employment. Thus, race or color discrimination may not be the basis for differences in pay or benefits, work assignments, performance evaluations, training, discipline or discharge, or any other area of employment.
Segregation and Classification of Employees
Title VII is violated where employees who belong to a protected group are segregated by physically isolating them from other employees or from customer contact. In addition, employers may not assign employees according to race or color. For example, Title VII prohibits assigning primarily African-Americans to predominantly African-American establishments or geographic areas. It is also illegal to exclude members of one group from particular positions or to group or categorize employees or jobs so that certain jobs are generally held by members of a certain protected group. Coding applications/resumes to designate an applicant's race, by either an employer or employment agency, constitutes evidence of discrimination where people of a certain race or color are excluded from employment or from certain positions.
Employees have a right to be free from retaliation for their opposition to discrimination or their participation in an EEOC proceeding by filing a charge, testifying, assisting, or otherwise participating in an agency proceeding.
Source: Equal Employment Opportunity Commission
Selected Federal Laws & Regulation on Employment Discrimination
MUSC is committed to encouraging and sustaining work and learning environments that are free from harassment and prohibited discrimination. MUSC prohibits discrimination and harassment in the administration of both its employment and educational policies. Equal employment and educational opportunities are provided without regard to race, color, sex, religion, national origin, disability, veteran status, sexual orientation, gender identity, age, or genetic information. MUSC also makes good faith efforts to recruit, hire, and promote qualified women, minorities, individuals with disabilities, and veterans.
The laws and regulations are listed in the order in which they were enacted.
The Equal Pay Act of 1963 (EPA) was enacted as an amendment to the Fair Labor Standards Act, proscribes sex-based wage discrimination in employment.
Title VI & VII of the Civil Rights Act of 1964 prohibits discrimination in any program or activity and against applicants and employees on the basis of race, color, sex, religion, and national origin. The 1978 amendment provides that discrimination because of pregnancy is sex discrimination. The Civil Rights Act of 1991 was enacted to provide for jury trials in Title VII cases and to expand the remedies available to plaintiffs under the civil rights laws by providing for compensatory and punitive damages, with statutory caps, under Title VII, the ADA, and the Rehabilitation Act.
Executive Order (EO) 11246 issued in 1965 prohibits discrimination by federal contractors on the basis of race, color, national origin, or religion. Subsequent EOs added handicap and age (1969), and sexual orientation (1998) to the definition of discrimination.
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination on the basis of age against applicants and employees who are forty years of age and older.
Title IX of the Educational Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities and extends coverage to employment and admission to institutions receiving federal financial assistance.
The Vocational Rehabilitation Act of 1973 protects people from discrimination in admission, employment, treatment or access based on disability in programs or activities receiving federal financial assistance. Section 503 of the Rehabilitation Act of 1973 was updated in August 2013 to implement changes required by the passage of the ADA Amendments Act (ADAAA) of 2008. The Final Rule established a utilization goal for individuals with disabilities, requires contractors to invite applicants and current employees to voluntarily self-identify as someone with a disability, prescribes several quantitative measurements and comparisons, and requires contractors to include specific language in their subcontracts.
Training & Intercultural Education
Whom Do I Contact to Schedule a Diversity & Inclusion Training?
University faculty, staff, and students should contact Dr. DaNine J. Fleming, Office of Training and Intercultural Education email@example.com or 843-792-1072. Dr. Fleming works in collaboration with a broad team of experts across the organization, and may refer you to representatives from MUSC Health if appropriate.
Can I Arrange to Have Training for Just My Respective Department? I Enjoyed Training But Need One for My Entire Department.
Yes, based upon a unit/department’s need training can be provided for a singular unit/department - as long as there is a critical mass of participants. To schedule departmental or unit training, Dr. Fleming (firstname.lastname@example.org) MUST be contacted for a consult. She will schedule a meeting with the requestor to discuss and develop the appropriate training requirements, arrange for a team of trained leaders to co-facilitate and identify a date for the training.
Can the NCBI Training Model Be Used Independently of the Whole? I Really Liked Certain Parts of the National Coalition Building Institute (NCBI) Training (Welcoming Diversity or Handling Controversial Issues) Training & Would Like to Use Just Those Components for a Workshop. Can I Do That?
No. You are not permitted to use any part of the copy written information or NCBI modules in part or whole. This safeguard is put in place to o protect the integrity of the NCBI training principles and practices. As a training office, national trainers in the work, and senior training leaders we purchase the rights annually to utilize the skillsets provided by NCBI.
Is There Additional Diversity Training Offered on Campus?
Yes, there are additional training and educational opportunities offered on campus. Some of the workshops are on MyQuest, while others require experiential learning and are classroom style. For additional training opportunities you will have to check on MyQuest or within various colleges or departments. You may also email email@example.com for further information about training offered via Human Resources.
The Office of Training and Intercultural Programs housed in the University Chief Diversity Office creates, schedules, and facilitates multiple workshops per year that are sanctioned by the MUSC Enterprise
Are Diversity & Inclusion Trainings Mandatory?
All trainings that will enhance your skill set are strongly encouraged as we continue to embark upon the Imagine 2020 and Diversity and Inclusion Strategic Planning initiatives. Training and skill enhancements are necessary for all employees; but there are a plethora to choose from so which you choose is left to your discretion, unless otherwise requested or mandated by a supervisor.
Who is Eligible For CEU’s for Attendance in the Welcoming Diversity & Handling Controversial Issues Workshops?
All participants who properly register, attend, and complete the entire workshop (listed above) are eligible for the following:
- Handling Controversial Issues workshop will receive 3.5 AMA PRA Category 1 Credit(s)™ (per quarterly session) for the 16/17 fiscal year (July 1, 2016 thru June 30, 2017).
- Welcoming Diversity workshops receive 6.25 AMA PRA Category 1 Credit(s)™ (per monthly session) for the 16/17 fiscal year (July 1, 2016 thru June 30, 2017).
Are There Additional Training Opportunities Available? I Would Like to Attend Training But None of the Standard Dates Fit My Schedule.
You may contact Dr. DaNine J. Fleming at 842-792-1072 or firstname.lastname@example.org for possible additional dates. However, the dates listed are the enterprise-wide dates for the year, and potential participants are strongly encouraged to register for a training date on the annual calendar.