Institutional Equity

Arkansas State University is committed to offering all current employees, current students, students desiring admission to the university, and other interested parties the rights and protections afforded them by Federal and State laws regarding discrimination of any type. ASU ensures that the following laws and regulations will be carried out as they pertain to those constituencies.

NON-DISCRIMINATION STATEMENT

Arkansas State University does not discriminate on the basis of color, sex, sexual orientation, gender identity, race, age, national origin, religion, marital status, veteran status, genetic information or disability in any of its practices, policies or procedures. This includes, but is not limited to, employment, admissions, educational services, programs or activities which it operates or financial aid.

RETALIATORY ACTION PROHIBITED

Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited by law and Arkansas State University. Any person who needs further explanation or who believes he or she has been retaliated against should contact the Human Resources Department.

All employees and/or students who need further explanation or who believe they have been discriminated against under these laws should, unless otherwise noted, contact:

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. It forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services.

Section 504 protects qualified individuals with disabilities who are defined as persons with a physical or mental impairment which substantially limits one or more major life activities.

Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Some examples of impairments which may substantially limit major life activities, even with the help of medication or aids/devices are AIDS, alcoholism, blindness or visual impairment, cancer, deafness or hearing impairment, diabetes, drug addiction, heart disease and mental illness.

Persons who have a history of, or who are regarded as having a physical or mental impairment that substantially limits one or more major life activities, are also covered.

In addition to meeting the above definition, for purposes of receiving services, education or training, qualified individuals with disabilities are persons who meet normal and essential eligibility requirements.

All employees should contact:

Title II of the Americans with Disabilities Act of 1990

Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability in all programs, activities, and services of public entities. Public entities include state and local governments and their departments and agencies including public institutions of higher education.

Specific Requirements

Public entities may not:

• Refuse to allow a person with a disability to participate in, or benefit from, their services, programs or activities because the person has a disability,
• Apply eligibility criteria for participation in programs, activities and services that screen out or tend to screen out individuals with disabilities, unless they can establish that such criteria are necessary for the provision of services, programs or activities,
• Provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure that the benefits and services are equally effective.

Public entities must:

• Provide services, programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities
• Make reasonable modifications in their policies, practices and procedures to avoid discrimination on the basis of disability, unless they can demonstrate that a modification would fundamentally alter the nature of their service, program or activity
• Ensure that individuals with disabilities are not excluded from services, programs and activities because buildings are inaccessible
• Provide auxiliary aids to individuals with disabilities, at no additional cost, where necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. (Auxiliary aids include such services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for the deaf [TDDs], videotext displays, readers, taped texts, brailed materials, and large print materials.)

All employees should contact:

Equal Employment Opportunity

Requires policies and practices in employment that do not discriminate against individuals on the basis of race, color, religion, sex, national origin, disability, age, or genetics.

See links in the callout to the left.

Age Discrimination Act of 1975

The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive federal financial assistance. The U.S. Department of Education gives financial assistance to colleges and universities like ASU. The Age Discrimination regulation is enforced by the Office for Civil Rights and is in the Code of Federal Regulations at 34 CFR Part 110.

The Act also permits federally assisted programs and activities, and recipients of Federal funds, to continue to use certain age distinctions and factors other than age which meet the requirements of the Act and these regulations.

"[N]o person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance."

Age Discrimination in Employment Act of 1967

Prohibits discrimination based on age in employment for employees and job applicants 40 years of age or older. Under the ADEA, it is unlawful to discriminate against a person because of age with respect to any term, condition, or privilege of employment including, but not being limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

Equal Pay Act of 1963

Prohibits pay differentials based on sex.

Title VII of the Civil Rights Act of 1964

Prohibits harassment and other discrimination in employment based on race, color, religion, sex, or national origin.

Title IX of the Education Amendments of 1972

In June 1972, President Richard M. Nixon signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principle objective of Title IX is to avoid the use of federal money to support sexually discriminatory practices in education programs such as sexual harassment and employment discrimination, and to provide individual citizens effective protection against those practices.

Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. Many of these education program providers/recipients became subject to Title IX regulations when the Title IX final common rule was published on August 30, 2000.

Title IX was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equal treatment in all areas of public schooling: recruitment, admissions, educational programs and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual harassment, and athletics.

Arkansas State University has designated a Title IX coordinator for each campus. Any incidence of sexual discrimination including sexual harassment or sexual violence should be reported to the Title IX coordinator who will take prompt action to secure a full and equitable review. In the event the sexual discrimination allegation is against the Title IX coordinator, the report should be made to the Office of University Counsel.

Pregnancy Discrimination Act of 1978

Prohibits discrimination in employment based on pregnancy, childbirth, or other related conditions.

Title VI of the Civil Rights Act of 1964

Prohibits discrimination based on race, color, or national origin in programs and activities receiving federal financial assistance.

Retaliatory Action Prohibited

Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited by the law and Arkansas State University.