Equal Employment Opportunity FAQs
What is the Office of Equal Opportunity and Equity?
The Office of Equal Opportunity and Equity provides centralized leadership to East Carolina University’s efforts to ensure compliance and equity in all programming, employment and educational opportunity. For more information, please see the Message from the University Equity Officer.
What is Equal Employment Opportunity (EEO)?
Equal Employment Opportunity grants all applicants and employees equal opportunity in all personnel matters such as recruitment, selection, hiring, promotion, compensation, performance appraisal, disciplinary actions, benefits, transfers, training, etc. Applicable federal EEO laws, state EEO laws, and ECU policies prohibit discrimination and/or harassment of a person or class of persons belonging to a federally or institutionally protected class.
What is a protected class?
A protected class is a group of people that share common characteristics and are protected from discrimination and harassment. Most protected classes are covered by federal and state laws. ECU’s protected classes are age, color, creed, disability, national origin, race, religion, sex, sexual orientation and veterans’ status. For a complete list of definitions of each protected class click here.
How do I know if I belong to a protected class?
Most people belong to several protected classes—protected classes are for everyone. For example, belonging to the protected class of sex/gender means that you are covered whether male or female. The class of religion offers protection for those that belong to an organized religion or those that do not practice any religion (e.g. atheism).
What if my complaint is not associated with ECU’s 10 protected classes? What if my supervisor is just being rude?
There are a number of processes established to address workplace issues. The Office of Equal Opportunity and Equity handles complaints based on any of the ten protected classes, i.e. if you feel that your supervisor is being discriminatory on the basis of race or age or sexual orientation in his or her hiring practices. If your supervisor is just being rude, volatile or insensitive, contact the Employee Relations Unit within Human Resources at 328-9848.
What if I feel that I am being harassed or discriminated against based on my membership in a protected class?
If you feel that you have been discriminated or harassed based on a protected class, you may file a complaint with our office. For more information about filing a complaint, please see the Harassment and Discrimination section of this site.
Is sexual harassment covered under EEO law?
Yes, in fact, sexual harassment is a form of sex discrimination. State and federal agencies define two types of sexual harassment: “Quid Pro Quo” and “Hostile Environment.”
ADA Employee FAQs Back to Top
What employment practices are covered under the ADA?
Personnel practices and decisions such as: hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment are covered under the ADA. Other applicable practices related to employment covered by the ADA are recruitment, tenure, layoff, leave and fringe benefits
What is a disability as defined by the ADA?
The ADA has a three part definition of disability. As defined by the ADA a disability an individual with a disability is one who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record of such impairment; or
- Is regarded as having such an impairment
Who is a “qualified individual with a disability”?
A qualified individual with a disability is anyone who can perform the “essential functions” of a job with or without reasonable accommodation. They must meet all skill, experience, education, and other requirements of the job to be considered a “qualified individual.”
A person may not be deemed unfit for a job if they cannot perform non-essential, marginal, or incidental job functions related to the position they hold or are seeking.
Does the employer have to give preference to a qualified applicant with a disability?
An employer is open to hire whichever candidate is most qualified to perform the essential functions of the job, regardless of disability. If the person with a disability is not able to perform the essential functions of the job with reasonable accommodation, than other applicants, the employer is free to hire the more qualified applicant for the position.
What is considered reasonable accommodation?
Any adjustments to the job or modifications of the work environment that allows a person with a disability to perform job functions or complete the application process is considered to be a reasonable accommodation. This includes any accommodations made to ensure that a person with a disability has all the same rights and privileges related to employment as someone without a disability. Individuals requesting accommodation needs should contact the Office of Disability Support Services at 252-737-1016.
When is reasonable accommodation required?
Reasonable accommodation is only required of employers where instances of a know disability exist. If any employee does not make an employer aware of their disability the employer is under no obligation to provide reasonable accommodation unless the disability impairs the person’s ability to communicate their disability to their employer where the disability is apparent to the employer. The person with the disability, in general, will be able to suggest reasonable accommodations and each accommodation, in general, will vary on a case by case basis.
The only instances where an employer is not required to provide reasonable accommodation are those where is will put “undue hardship” on the employer or business. Undue hardship is deemed to be any action that requires the employer to go through significant difficultly or significant financial expense in relation to the size and financial condition of the employer or business entity.
ADA Student FAQs Back to Top
What schools are bound by section 504 of the Rehabilitation Act and the Americans with Disabilities Act?
All post-secondary institutions including universities, community colleges, and vocational schools that receive federal funds are bound by Section 504 and the ADA. The only schools not bound by Section 504 and the ADA are private post-secondary institutions that do not receive any federal funds. Private institutions that do receive federal funds are still bound by Section 504 and the ADA.
How do Section 504 and the ADA affect admissions?
Section 504 and the ADA prohibit eligibility requirements by post-secondary institutions. Applications are not allowed to ask any questions relating to mental illness or any other potential disability.
What accommodations must an institution make to be more accessible for a person with a disability?
There are many accommodations that institutions must make for people with disabilities. Architectural accessibility must be provided so that a person with a disability will be able to have the same access and experience that a non-disabled person has, including access to dorm rooms.
In addition to the architectural accessibility requirements of Section 504 and the ADA, post-secondary institutions must also provide things to aid communication for people with disabilities. Things such as Braille materials, qualified interpreters, adapted computer terminals, assistive listening systems, etc. must be provided to qualified students upon request unless they would result in undue hardship or financial burden, or if providing such assistance would fundamentally alter the program. Individuals requesting accommodation needs should contact the Office of Disability Support Services at 252-737-1016.
Can I be charged additional money for any accommodations that I may need?
No. No post-secondary institution can charge you any additional fees to provide you with any services relating to a disability covered by Section 504 and/or the ADA.
Do I have to provide documentation for my disability, and if so what type of documentation?
Documentation from a credentialed doctor, psychologist or psychiatrist, or counselor detailing the nature of the disability and appropriate accommodations is required. Documentation should be current, no more that three years old, and if no current documentation is available it is the responsibility of the student to provide the necessary examinations and documentation.
Title IX FAQs Back to Top
What is Title IX?
Title IX of the educational amendments of 1972 is a federal law that protects people from any discrimination based on their sex in educational programs that receive any Federal financial assistance. The Title IX law reads:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
What schools/institutions are covered?
There are over 24,000 educational institutions that fall under Title IX jurisdiction. Included in that total are 16,000 local school districts, 3,200 post-secondary schools, 5,000 for profit schools including libraries and museums. All state and local agencies that receive Federal financial assistance are covered under Title IX laws.
Who is responsible for compliance?
The responsibility for enforcing Title IX falls to the Office for Civil Rights (OCR) within the department of ED. The major enforcement activity of the OCR is to resolve and investigate complaints filed by those who feel they have been the subject of sex discrimination covered under Title IX. Due to the large number of institutions under the jurisdiction of the OCR, the OCR takes proactive steps to help institutions voluntarily comply with Title IX laws by providing them with information and guidance pertaining to Title IX. All educational institutions covered under Title IX laws are required to appoint a Title IX Coordinator.
Is sexual harassment covered under Title IX? What constitutes sexual harassment under Title IX?
Yes, sexual harassment is covered under Title IX; in fact it is one of the ten major areas of focus for Title IX.
“Sexually harassing conduct (which can include unwelcome sexual advances,requests for sexual favors, and over verbal, nonverbal, or physical conduct of a sexual nature) by and employee, by another student, or by a third party that is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or activity, or to create a hostile or abusive educational environment.”
Sexual harassment against students, as recognized by Title IX, can be engaged in by school employees, other students or third parties. Not all sexually connotative behavior is considered sexual harassment under Title IX. Institutions must consider the maturity and age of the offender when taking action regarding a sexual harassment allegation. Also, a one-time incident must be deemed severe to rise to the level of harassment.
Don’t forget Title IX applies protection from sexual harassment to both males and females!
How does Title IX pertain to employment practices?
Title IX prohibits discrimination, on the basis of sex, in employment and employment practices in any education program receiving Federal financial assistance. Title IX encompasses many aspects of employment practices including but not limited to: recruitment, advertising, hiring, tenure, rates of pay and fringe benefits.
Title IX also provides protection from questions about a potential applicant’s marital or parental status. Title IX requires that pregnancy be treated as a temporary disability not a reason for dismissal. It requires a granting of leave and payment of disability income, and continuation of other benefits and services.
How does Title IX apply to athletics?
Title IX requires that all athletic departments to provide equal opportunity for participation in sports to both sexes. Equal opportunity is accomplished if athletic departments can show any one of the following requirements:
- Substantially proportionate athletic opportunities for both males and females,
- A history and continuing practice of expanding opportunities for the under-represented sex,
- Full and effective accommodation of the interests and abilities of the under-represented sex. The institution are not required to offer the same sports, they must provide an equal opportunity for females to play in sports of interest.
Title IX athletics component of Title IX covers everything thing from amount of scholarship money awarded, the total aid must be in proportion with the total number of male and female athletes, to equipment and supplies, to per diem travel allowances. The major idea behind compliance with the athletic component of Title IX is one of quality not necessarily quantity.
