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I. Title of Policy
3.9002 Equal Opportunity and Non-Discrimination
II. Objective of Policy
To provide equal opportunity in all areas of the College’s employment and educational practices, to foster a safe and non-discriminatory workplace and educational environment in all areas of College operations and programs and to provide a discrimination free workplace and educational environment.
All applicable legislation including but not necessarily limited to Executive Order 11246 as amended by Executive Order 11375; the Civil Rights Acts of 1964 and 1991; the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act of 1990; the Equal Pay Act of 1963; Genetic Information Nondiscrimination Act of 2008; the Rehabilitation Act of 1973; Vietnam-Era Veterans Readjustment Assistance Act of 1974; Uniformed Services Employment and Reemployment Rights Act; Section 504 of the Rehabilitation Act of 1973 as amended; Americans with Disabilities Act of 1991 and the ADAA of 2008; N.J.S.A. 10:5-1, et seq.- the New Jersey Law Against Discrimination and N.J.S.A. 10:6-1, et seq.- the New Jersey Civil Rights Act, Title 18A of the New Jersey Statutes; other applicable State and Federal law, and the Bylaws of the Board of Trustees.
IV. Policy Statement
This Policy extends to recruitment and hiring, working conditions, pay and benefits, professional development opportunities, performance review, promotion, and all other terms and conditions of employment. Furthermore, the College shall not discriminate or permit harassment or a hostile environment on the basis of any protected class in employment or the administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other College-administered programs.
The College is an equal opportunity education institution and does not discriminate on the basis of race, creed, color, national origin, ancestry, religion, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, familial status, genetic information, sex, gender identity or expression, disability (including perceived disability, physical, mental, and/or intellectual disabilities, AIDS or HIV infection), pregnancy, childbirth, breastfeeding, political affiliation (to the extent protected by law), atypical hereditary cellular or blood trait, or because of the liability for service in the Armed Forces of the United States, veteran status, citizenship status, or any other group status protected by law, unless required by a bona fide occupational qualification. All forms of unlawful discrimination or harassment including sexual harassment, which is a form of unlawful gender discrimination, are prohibited.
For the accompanying Regulation and for the Internal Procedures for Complaints Alleging Discrimination, Harassment or Hostile Work Environment in the Workplace or Education Programs, see 3.9002R.
This Policy does not apply to sexual harassment that is prohibited by Title IX of the Education Amendments Act of 1972, as amended, 34 C.F.R. 106, including sexual assault, dating violence, domestic violence, and stalking. Such conduct is covered by Policy 2.1001 Title IX Policy Against Sexual Harassment and the accompanying Regulation, 2.1001R Title IX Regulation Against Sexual Harassment.
Allegations of sexual harassment that fall within the scope of Policy 2.1001 Title IX Policy Against Sexual Harassment (hereinafter “Title IX Policy”)must be handled in accordance with the Title IX Policy and are excluded from the scope of this Policy and accompanying regulation. However, this policy utilizes a broader definition of sexual harassment than the Title IX Policy, consistent with other State and Federal laws that also prohibit sexual harassment. Therefore, complaints of sexual harassment alleged to have been committed by employees or third parties that do not fall within the scope of the Title IX Policy may still be investigated under this Policy.
V. Responsibility for Implementation
Approved: 11/16/1989 Revised: 6/27/1996
Revised: 9/25/2018, replaces Affirmative Action Policy Lodged: 9/25/2018
Approved: Board of Trustees, 10/23/2018
Approved: Board of Trustees, 10/27/2020, previously named 3.9002 Non-Discrimination and Policy 3.9007 Equal Opportunity and Anti-Discrimination retired on 10/27/2020