VI-1.00(A)

UMB Policy on Affirmative Action and Equal Opportunity

Administration   |   Approved October 9, 2012

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Responsible VP/AVP

Dawn M. Rhodes, DBA, MBA

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Revision History

Approved by the President, July 1994; Amended effective October 9, 2012 [nondiscrimination definition, per USM VI 1.05]

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Purpose

The University of Maryland, Baltimore is committed to ensuring that equal employment opportunity in the workplace is a reality. To maintain that commitment the University has prepared an Affirmative Action Program designed to guarantee equal access. The University does not discriminate on the basis of race, color, religion, age, ancestry or national origin, sex, sexual orientation, gender identity and expression, physical or mental disability, marital status and protected veteran's status.

The Associate Vice President and Chief Human Resources Officer has the overall responsibility for implementing and monitoring the Affirmative Action Program. Their responsibilities include ensuring the University will:

• recruit, hire, train and promote persons in all job titles, without regard to race, color, religion, age, ancestry or national origin, sex, sexual orientation, gender identity or expression, physical or mental disability, marital status and protected veteran's status;
• base all decisions on employment so as to further the principle of equal employment opportunity;
• make all promotion decisions according to principles of equal employment opportunity by imposing only valid promotion requirements;
• administer all personnel actions without regard to race, color, religion, age, ancestry or national origin, sex, sexual orientation, gender identity or expression, physical or mental disability, marital status and protected veteran's status.

Affirmative Action cannot perform these tasks alone. Ultimately, every member of the University's management group must assume responsibility for ensuring that all qualified persons are permitted and encouraged to participate in every area of the workforce and that an environment free of discrimination is maintained. Through internal monitoring and reporting systems, the University assesses the effectiveness of its Affirmative Action and updates the program on an ongoing basis.

As an employer, and as a concerned member of the community, the University of Maryland, Baltimore is firmly committed to the principle of equal employment opportunity. The University recognizes that implementation of such a policy requires constant attention and effort. We will take every step necessary to guarantee that this commitment is honored not only on principle, but also in practice.

Policy Statement

HUMAN RELATIONS CODE – UMB

ARTICLE I – PURPOSE

The University of Maryland, Baltimore (UMB) is committed to the principles of free inquiry. It is also committed to human service. These commitments imply respect for all people, irrespective of any personal characteristics, and evaluation and advancement of individuals on the basis of their abilities and accomplishments with regard to all University matters.

UMB affirms its commitment to a policy of eliminating unlawful discrimination on the basis of race, color, religion, age, ancestry or national origin, sex, sexual orientation, gender identity or expression, physical or mental disability, marital status and protected veteran's status or exercise of rights secured by the First Amendment of the United States Constitution. UMB also is committed to eliminating unlawful sexual harassment, which is recognized as sex discrimination. UMB will not condone racism, bigotry or hatred in any form directed to any individual or group of individuals under any circumstances.

UMB establishes this Human Relations Code consistent with the policies of the Board of Regents of the University of Maryland System. The specific purpose of this Code is to prevent or eliminate discrimination which is unlawful. This goal is to be accomplished through educational programs and through existing grievance procedures.

ARTICLE II - SCOPE OF THE CODE

This Code prohibits unlawful discrimination by the University, or by those using University facilities, with respect to employment, student placement services, promotion, or the award of academic or economic benefits on the basis of race, color, religion, age, ancestry or national origin, sex, sexual orientation, gender identity or expression, physical or mental disability, marital status and protected veteran's status or the exercise of rights secured by the First Amendment of the United States Constitution. The Code does not apply to potential students or potential employees and does not apply to business relations between the University and other individuals or organizations.

Nothing in this Code shall be construed to prohibit adoption of requirements of cleanliness, neatness, uniforms, or other prescribed standards when uniformly applied for admittance to any facility for participation in clinical education or clinical activities, or when a standard is required in the interest of public relations or to avoid danger to the health, welfare or safety of any individual, including students, employees, or the public.

Exceptions.

The enforcement of federal, State, or Baltimore City laws and regulations does not constitute prohibited discrimination for purposes of this Code. Separate housing or other facilities for men and women, mandatory retirement age requirements, variations in benefit packages based on marital status, and religious and ethnic/cultural clubs are not prohibited.

The Code is not to be construed to alter the methods by which promotions in academic rank may be achieved or by which salaries of faculty or employees may be determined. However, if, in the course of any grievance, it is alleged that discrimination has resulted in unfair application of standards for promotion or salary change, the appropriate fact finder may make a report to the campus authority responsible for making a final decision in the matter. The report will be advisory.

Specific activities subject to the Code.

The Code shall apply to the UMB community in relation to activities including:

All educational, athletic, cultural and social activities occurring on the campus or at another location under UMB's jurisdiction.

All services rendered by the campus to students, faculty and staff, such as job placement programs and off-campus listings of housing.

University sponsored programs occurring off campus, including cooperative programs, adult education, continuing education and seminars.

Subject to limitations stated previously, employment relations between UMB and all of its employees, including faculty. The conduct of UMB employees and their colleagues, supervisors or subordinates who are employed by UMB's affiliates (e.g., UMMS). Although UMB cannot directly control the behavior of affiliates' employees, UMB will work with its affiliates to eliminate actions by their personnel contrary to this Code.

In the event of any questions about the applicability of the Code to a specific issue presented in a grievance, the President, UMB, shall make the final decision concerning the scope of the Code.

ARTICLE III - ADMINISTRATIVE MATTERS

This Code shall be effective July 1, 1987, or, if later, upon receipt of final approval (a) from the Chancellor of the University of Maryland System and, (b) with respect to form and legal sufficiency, from the Office of the Attorney General. This Code is subject to modification by the President with the approval of the Office of the Attorney General as to form and legal sufficiency. With regard to all issues, the Code shall be interpreted to be consistent with Board of Regents policies, with laws and regulations applicable to the University, and with the principles that final decisions with respect to academic promotions, establishment of salaries, and grading and evaluation of students shall be made by the academic community and not pursuant to this Code.