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Nondiscrimination Policy

    Title:

    Nondiscrimination Policy

    Publication date:

    10/30/2012

    Effective date:

    10/30/2012

    BRIEF

    Policy Summary

    Berkeley Lab is committed to nondiscrimination in employment. The Laboratory does not engage in discrimination against or harassment of any person employed by or seeking employment with the Laboratory on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (as defined by the Uniformed Services Employment and Re-employment Rights Act of 1994). This policy is intended to be consistent with the provisions of applicable state and federal laws and Laboratory policies. This applies to all personnel actions, including hiring, transfer, training, promotion, termination, and other terms and conditions of employment.

    Who Should Read This Policy

    • All employee classifications: Career, Term, Faculty, Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retirees, Graduate Student Research Assistant (GSRA), and Student Assistant
    • Both represented and nonrepresented employees
    • All affiliates, visitors, and applicants for employment

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact the Diversity and Inclusion Manager, Title VII and Title IX Officer or your division's Human Resources (HR) Center.
    Do you have feedback regarding this policy? Contact the HR Policies Analyst, HR Department, hrpolicies@lbl.gov

    Title:

    Nondiscrimination Policy

    Publication date:

    10/30/2012

    Effective date:

    10/30/2012

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) is committed to nondiscrimination in employment. The Laboratory does not engage in discrimination against or harassment of any person employed by or seeking employment with the Laboratory on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (as defined by the Uniformed Services Employment and Re-employment Rights Act of 1994). This policy is intended to be consistent with the provisions of applicable state and federal laws and Laboratory policies. This applies to all personnel actions, including hiring, transfer, training, promotion, termination, and other terms and conditions of employment.

    B. Persons Affected

    This policy applies to:

    • All employee classifications: Career, Term, Faculty, Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retirees, Graduate Student Research Assistant (GSRA), and Student Assistant
    • Both represented and nonrepresented employees
    • All affiliates, visitors, and applicants for employment

    C. Exceptions
    Other Policy of Interest

    Requests for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, Chief Human Resources and Diversity Officer (CHRO) approval.

    D. Policy Statement
    Frequently Asked Question

    Q1: How is military service defined under USERRA?
    A1: For purposes of this policy, the Laboratory uses the definition of "service in the uniformed services" found in the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), which currently states that this term "means the performance of duties on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, and inactive duty training, full-time National Guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to do any such duty, and the period for which a person is absent from employment for the purpose of performing funeral honors duty." USERRA currently defines “uniformed services" as "the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency."

    1. General. The Laboratory does not engage in discrimination against or harassment of any person employed by or seeking employment with the Laboratory on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services. This policy is intended to be consistent with the provisions of applicable state and federal laws and Laboratory policies.
    2. Retaliation. Laboratory policy also prohibits retaliation against any employee or person seeking employment for bringing a complaint of discrimination or harassment pursuant to this policy. This policy also prohibits retaliation against persons who assist someone with a complaint of discrimination or harassment, or who participate in any manner in an investigation or resolution of the complaint of discrimination or harassment. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment.
    3. Complaints. Information regarding applicable policies and procedures for resolving complaints of discrimination and harassment and for pursuing available remedies is available at the HR Web site.

    E. Roles and Responsibilities

    Role

    Responsibility

    Chief Human Resources and Diversity Officer (CHRO)

    Has the functional responsibility for this policy

    Employees

    Have the responsibility to adhere to the provisions of this policy

    Human Resources Department

    Has the responsibility to advise management and employees on how to comply with this policy and investigate claims of discrimination

    Managers and Supervisors

    Have the responsibility to adhere to the provisions of this policy

    Roles, responsibilities, authority, and accountability are documented in applicable procedures.

    F. Definitions/Acronyms

    Term

    Definition

    CBA

    Collective bargaining agreement

    CHRO

    Chief Human Resources and Diversity Officer

    Gender

    The sex of a person and includes a person's gender identity and "gender expression"

    Gender Expression

    A person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth

    Executive Officer

    The University President or the Chancellor or the Laboratory Director

    Pregnancy

    Includes pregnancy, childbirth, and medical conditions related to pregnancy and childbirth

    Service in the Uniformed Services

    Includes "service in the uniformed services" as defined by the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), as well as state, military, and naval service

    G. Recordkeeping Requirements

    The Human Resources Department is responsible for maintaining all employee records.

    H. Implementing Documents

    Audience

    Document Number

    Document Title

    All

    02.02.001.003

    Workforce Diversity Office (WFDO) Web Site

    All

    02.02.001.004

    Equal Employment Opportunity (EEO) Office Web Site

    All

    02.02.001.005

    Affirmative Action Program

    Lab Staff

    02.02.001.006

    Affirmative Action Plan

    All

    02.02.001.007

    Affirmative Action Plan for Covered Veterans and Persons with Disabilities

    Lab Staff

    02.02.001.001

    Managers and Supervisors Responsibilities under the Nondiscrimination Policy

    HR Staff

    02.02.001.002

    Understanding the Nondiscrimination and Harassment Policies

    I. Contact Information

    For more information, contact the Diversity and Inclusion Manager, Title VII and Title IX Officer or your division's Human Resources Center.

    Do you have feedback regarding this policy? Contact the HR Policies Analyst, HR Department, hrpolicies@lbl.gov

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    M. Bello

    Rewrite for wiki

    All

    Minor

    10/30/2012

    1

    M. Bello

    Reformatted for Wiki. And effective 07.01.2012, UCOP made technical changes to PPSM 12 – Nondiscrimination in Employment. Besides clarifying the policy, UCOP made the following changes:

    • Added "gender" and "gender expression" as protected categories per CA Assembly Bill 887 (1/1/2012)
    • Revised the definition of "service in the uniformed services" to reflect current statutory language.

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Nondiscrimination Policy

    Document number

    02.02.001.000

    Revision number

    1

    Publication date:

    10/30/2012

    Effective date:

    10/30/2012

    Next review date:

    10/30/2015

    Policy Area:

    Work Environment

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.01(B)(1)

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.01(B)(1)

    Source Requirements Documents

    Source

    Document number & Effective Date

    Document Title

    California

     

    Fair Employment and Housing Act (FEHA)

    California

     

    Military and Veterans Code Section 394 (prohibits discrimination against a military member)

    California

    AB 887, January 1, 2012

    Assembly Bill 887 (added "gender" and "gender expression" as protected categories)

    Department of Energy (DOE)

    DOE Contract 31, Clause I.23

    FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

    Department of Energy (DOE)

    DOE Contract 31, Clause I.24

    FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

    Federal

     

    Age Discrimination in Employment Act (ADEA) of 1967

    Federal

     

    Americans With Disabilities Act of 1990

    Federal

     

    Bankruptcy Act

    Federal

     

    Civil Rights Act of 1991

    Federal

     

    Equal Pay Act of 1963

    Federal

    1965

    Federal Executive Order 11246 (1965)

    Federal

    1967

    Federal Executive Order 11375 (1967)

    Federal

    1969

    Federal Executive Order 11478 (1969)

    Federal

    1970

    Fair Credit Reporting Act (FCRA)

    Federal

     

    Genetic Information Nondiscrimination Act (GINA)

    Federal

    2009

    Lilly Ledbetter Fair Pay Act of 2009

    Federal

    1978

    Pregnancy Discrimination Act of 1978

    Federal

    1973

    Rehabilitation Act of 1973

    Federal

    1973

    Section 504 of the Rehabilitation Act of 1973

    Federal

     

    The Vietnam Era Veterans' Readjustment Assistance Act

    Federal

    1972

    Title IX of the Education Act Amendments of 1972

    Federal

    1964

    Title VII of the Civil Rights Act of 1964

    Federal

    1971

    Vocational Rehabilitation Act (1971)

    Federal

    2005

    Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA)

    UCOP

    PPSM 12, July 1, 2012

    Nondiscrimination in Employment

    UCOP

    Regents Policy 4402

    Policy on Nondiscrimination on Basis of Sexual Orientation

    UCOP

    Office of the President, March 31, 2012

    UC Nondiscrimination and Affirmative Action Policy regarding Academic and Staff Employment

    Implementing Documents

    Audience

    Document Number

    Document Title

    All

    02.02.001.003

    Workforce Diversity Office (WFDO) Web Site

    All

    02.02.001.004

    Equal Employment Opportunity (EEO) Office Web Site

    All

    02.02.001.005

    Affirmative Action Program

    Lab Staff

    02.02.001.006

    Affirmative Action Plan

    All

    02.02.001.007

    Affirmative Action Plan for Covered Veterans and Persons with Disabilities

    Lab Staff

    02.02.001.001

    Managers and Supervisors Responsibilities under the Nondiscrimination Policy

    HR Staff

    02.02.001.002

    Understanding the Nondiscrimination and Harassment Policies

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