By anti discrimination law, discrimination on the basis of the following characteristics are prohibited:
status of a relationship
religious convictions or activities
political convictions or activities
sexual activity that is legal
identity of a particular gender (In addition to gender identity, the University recognizes gender expression and intersex status as extensions of gender identity.)
or a connection to, or relationship with, a person identified by any of the aforementioned characteristics.
The Explanation of Attributes Schedule contains definitions for these terms.
Discrimination can take place in two ways: directly or indirectly.
Direct Discrimination occurs when an individual is disadvantaged or treated unfairly in comparison to another. Direct Discrimination is when an individual is denied employment solely because he or she is in a wheelchair.
Indirect Discrimination occurs when a practice or policy appears to be fair on the surface because it treats everyone equally but actually disadvantages members of a specific group. Indirect discrimination occurs when all applicants for a job are required to pass a written grammar test, even if the ability to write in English is not required for the job. This test may disqualify a greater number of people whose first language is not English.
Harassment is prohibited under federal and state law based on any of the characteristics specified in anti-discrimination or human rights legislation. The following are some examples of specific behaviors that constitute Harassment; however, this is not an exhaustive list.
Sexual Harassment occurs when a person is subjected to unwanted sexual conduct that causes them to feel offended, humiliated, and/or intimidated in circumstances where those feelings are reasonable. Sexual Harassment can take a variety of forms, including the following:
Unwelcome touching, hugging, or kissing; leering, staring, or making suggestive remarks; transmitting sexually explicit material online or via email
Unwanted invitations to dates or requests for sex; insults and taunts directed at a person’s sexual orientation
Physical assault, indecent exposure, sexual assault, stalking, or obscene communications are all examples of behavior that would constitute a criminal offense under the criminal law.
It is illegal to harass someone on the basis of their disability or that of a relative or associate who has a disability under the Disability Discrimination Act 1992. Their disability could have occurred in the past, present, or future. Several examples include the following:
making rude, abusive, or insulting comments or engaging in insulting or humiliating behavior related to a person’s disability, such as suggestive images, jokes, or computer screensavers
making remarks or taking actions that foster an adversarial environment
employing domineering or abusive behavior toward a disabled person.
Racial Harassment is defined as any behavior that has a reasonable likelihood of ‘offending, insulting, humiliating, or intimidating’ another person. This behavior can include making disparaging remarks about a person’s race, color, nationality, accent, or ethnic origin. Several examples include the following:
Racist ridicule, for example, making disparaging remarks about physical characteristics, skin color, cultural and religious observances, or imitating someone’s accent
displaying or disseminating racist cartoons, literature, or graffiti
Isolation or segregation based on race or ethnic origin; public display of racist symbols (such as badges) or clothing with racist slogans.
Sexual harassment includes those who are heterosexual, lesbian, gay, or bisexual. Vilification on the basis of sexual orientation or gender identity is also prohibited. Several examples include the following:
using derogatory language to describe a person’s sexuality or sexual preference over the phone, in person, or in online discussions
utilizing posters in public spaces to harass individuals based on their sexual orientation
websites that incite hatred against homosexuals and lesbians, as well as public ridicule of people based on their sexual orientation.
Gender-based Harassment is defined as a person who identifies as a member of the opposite sex by living or wishing to live as a member of that sex, or an individual of indeterminate sex who wishes to live as a member of a particular sex. It can include the following behaviors:
directing someone to use a toilet that is inconsistent with their gender self-identity
insulting language, such as addressing someone as “it,” remark, joke, or practical joke
Employees in a business’s reception area discussing a person, making disparaging remarks, and encouraging members of the public to join in.
Harassment on the basis of age is defined by negative references based on stereotypes about what people are capable of doing at a particular age. This may include the following:
insults directed at a person’s age, mental and physical capabilities, or appearance
Embarrassing or patronizing someone due to their age
isolation or segregation on the basis of an individual’s age