Office for Equal Opportunity
North Carolina
State University

Location & Hours
1 Holladay Hall
8:00 am - 5:00 pm
Monday - Friday

Mailing Address
Campus Box 7530
Raleigh, NC
27695-7530

Phone Numbers
Main: 919-515-3148
Fax: 919-513-1428
TTY: 919-515-9617

Equal_Op - November, 2004 - Volume 5, #2

The 1964 Civil Rights Act — 40 Years Later: A Legal Foundation for the Office for Equal Opportunity’s Work

With all of the excitement surrounding the 50th anniversary of the 1954 Supreme Court decision in Brown v. Board of Education, it is equally important to note another milestone essential to fostering equal opportunity on our campus and across the United States. The year 2004 marks the fortieth anniversary of the passing of the 1964 Civil Rights Act. Signed into law by President Lyndon B. Johnson on July 2, 1964, the Civil Rights Act was a landmark in legislative attempts to improve the quality of life for African Americans and other minority groups.

The 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex and national origin. Conservative Southern Congressmen added the word “sex” to the protected categories covered by the act in a vain attempt to prevent passage of the legislation. The Civil Rights Act made it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment. The act also created the Equal Employment Opportunity Commission (EEOC) to implement the law and review complaints of employment discrimination.

Called the most prominent civil rights legislation since Reconstruction, the 1964 Civil Rights Act is a product of the intense activities undertaken by the federal government in the 1960s to protect minority rights. While this act did not resolve all problems of discrimination, it opened the door to further progress by lessening racial restrictions on the use of public facilities, providing more job opportunities, strengthening voting laws, and limiting federal funding of discriminatory aid programs. In the forty years since the passage of the 1964 Civil Rights Act, we have made tremendous strides while continuing to grapple with some of the same problems of discrimination facing the nation four decades ago.

To learn more about the 1964 Civil Rights Act and other equal opportunity issues, consider taking a course offered through OEO’s Equal Opportunity Institute. For more information, see OEO’s website at www.ncsu.edu/equal_op/education.html or contact Beverly Jones Williams at 919-513-3836. See also the websites for the Office of Civil Rights (www.ed.gov/about/offices/list/ocr) and the Equal Employment Opportunity Commission (www.eeoc.gov).

Title IX: What Universities Need to Know

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance. NC State University is a postsecondary institution that receives federal financial assistance and, therefore, is obligated to comply with Title IX. Examples of the types of discrimination that are covered under Title IX include sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. The Title IX regulation is enforced by the Office of Civil Rights (OCR). Title IX prohibits retaliation for filing an OCR complaint or for advocating for a right protected by Title IX. Employment discrimination is also prohibited by Title IX, but employment complaints filed with OCR are generally referred to the Equal Employment Opportunity Commission (EEOC).

Title IX regulations require recipients of federal funds to designate a Title IX coordinator, to adopt and disseminate a nondiscrimination policy, and to put grievance procedures in place to address complaints of discrimination on the basis of sex in educational programs and activities. Dr. Rhonda Sutton is the Title IX coordinator at NC State. She can be reached in 1 Holladay Hall, by email at rhonda_sutton@ncsu.edu, or by phone at 919-513-1234. NC State’s Equal Opportunity and Nondiscrimination Policy Statement (Regulation 04.25.01) can be viewed at www.ncsu.edu/policies/campus_environ/non- discrimination/
REG04.25.1.php. Resolution procedures for complaints that allege noncompliance with Title IX are covered by Regulation 04.25.02, Resolution Procedures for Harassment Complaints, which can be viewed at www.ncsu.edu/policies/campus_environ/non-discrimination/
REG04.25.2.php. For more information about Title IX, see the Office for Equal Opportunity’s website at www.ncsu.edu/equal_op/title_ix.html.

Programming Notes

EO – Excellent Opportunities

OEO (Office for Equal Opportunity) is happy to provide EO (excellent opportunities) for our campus community. These opportunities include a chance to gain new information about protected classes and other issues related to equal opportunity. On October 14, 2004 the Office for Equal Opportunity sponsored “The Protected Classes of Religion and Creed.” This program featured information on the laws related to the protected classes of religion and creed, as well as a panel of presenters who represented the Bahai, Muslim, Buddhist, and Christian faiths. This event was an excellent opportunity to learn more about different faiths, how individuals experience discrimination on and off our campus, and strategies to overcome discrimination and harassment based on religion. The presentation was scheduled to coincide with the Faith Culture Fair that was taking place outside the workshop so individuals had an opportunity to continue learning more after the program.

This workshop is one of many sponsored by the Office for Equal Opportunity. Expert speakers present our programs and offer opportunities for discussion. The goals of these programs are to provide new information to participants and spark interest in learning more. All NC State faculty, staff and students are encouraged to attend. To view our workshop listings and register, visit: www.ncsu.edu/equal_op/education/oeo_reg.html.

New Online Training Tool

The Office for Equal Opportunity (OEO) has a new way for faculty, staff, and students to learn about unlawful harassment. Our new online training module allows members of the campus community to increase their knowledge of unlawful harassment issues within the university community. In addition to definitions, information about laws, and campus resources for responding to unlawful harassment, this electronic educational program offers video clips that provide examples of potential forms of behavior that could lead to unlawful harassment. The Office for Equal Opportunity encourages you to view the online module at: www.ncsu.edu/oeo-training/harassment.

If you have questions or feedback regarding this online training tool, please email our webmaster, Elizabeth Snively, at elizabeth_snively@ncsu.edu or Dr. Rhonda Sutton, Director of Harassment Prevention and Equity Programs, at rhonda_sutton@ncsu.edu. Also, you may use this training module with employees and students in your department as part of their orientation to campus or new hire procedures. For further information about the training OEO offers on unlawful harassment, please contact Dr. Rhonda Sutton at 919-513-1234.

What is Retaliation?

Scenario: An employee, Miriam, is subject to religious discrimination in her workplace by her co-workers because she is Catholic. She complains to her supervisor, Dan, about the religious harassment but Dan brushes away her concerns and tells her to ignore the harassing behavior. Another of Miriam’s co-workers, Adam (who is Buddhist), becomes uncomfortable with the religious harassment he sees Miriam experiencing. Adam also goes to Dan, the supervisor, to complain about his co-workers’ treatment of Miriam. Dan tells Adam to mind his own business. Shortly thereafter, both Miriam and Adam are demoted for insubordination. Is this retaliation?

There are three generally acknowledged forms of discrimination: (1) unlawful discrimination, (2) harassment, and (3) retaliation. Retaliation is a form of discrimination that usually occurs after a claim of unlawful harassment or discrimination has been filed. Retaliation, in either the employment or academic arena, occurs when a student or employee is subjected to adverse treatment in response to that individual engaging in a protected activity. Protected activities may include expressing concern about discrimination; participating in the opposition to a discriminatory action; or participating in the resolution of a claim of discrimination and/or harassment. According to the Equal Employment Opportunity Commission (EEOC), there are three essential elements of a retaliation claim:

1. engagement in a protected activity, opposition to discrimination or participation in the complaint process;

2. experiencing subsequent adverse action; and

3. establishing a causal connection between the protected activity and the adverse action.

So, does the scenario described meet the criteria for a claim of retaliation? If Miriam and Adam can demonstrate that there was no basis for their demotions and link them directly to their registering claims of harassment, yes. Note that a person who alleges retaliation for protesting discrimination against persons in a protected class need not be in the same protected class in order to bring a retaliation claim; even though Adam does not share the same religious faith as Miriam, he can bring forward a complaint of religious discrimination.

NC State 2004 EEO Plan Now Online

The NC State University 2004 Equal Employment Opportunity (EEO) Plan is now online at www.ncsu.edu/equal_op/affirmative.html. There are two major components to the EEO Plan. The first is a narrative that lists information such as policy statements, areas of responsibility, equal opportunity planning, and the Unlawful Workplace Harassment Prevention Plan. The second component of the EEO Plan includes statistical analyses: job group analysis (a statistical picture of the NC State workforce by race and gender), availability data (the percentage of qualified persons in the recruitment area), and established goals for the year (the percentage increase needed for the numbers of women and underrepresented minorities in the University’s workforce to indicate equal availability).

Joanne Woodard, vice provost for equal opportunity & equity states, “As a major employer throughout the state, NC State University recognizes its responsibilities to ensure that all North Carolinians have access to employment opportunities at our institution. The University’s commitment to the principles of affirmative action and equal opportunity in education and employment is a logical outgrowth of the democratic principles which fostered the creation of land-grant universities throughout the nation.”

Staff Spotlight: Gloria Hunt, Program Assistant

Gloria Hunt joined the Office for Equal Opportunity in August 2004 as Program Assistant. Her primary duties involve providing programmatic support to the assistant equal opportunity officers. Originally a native of Robeson County, she and her husband recently moved to Raleigh from Kentucky where they lived for five years while her husband pursued his master’s degree at the divinity school in Wilmore, Kentucky. Gloria and her husband have three daughters, and she is happy to be back in North Carolina and closer to her 14 sisters and 4 brothers.

Most of Gloria’s previous job experiences were with the Robeson County Board of Education, where she was an administrative assistant for the Associate Superintendent for Curriculum and Instruction. In this capacity, she oversaw the Program Services Department and maintained budgets for 42 schools. When she moved to Kentucky, she continued working in public schools with the Talented and Gifted Program. Gloria also volunteered for two years as a member of the Site-Based Decision Making Team for her daughter’s high school. In addition, she worked for the Student Health Center at the University of North Carolina in Chapel Hill.

In her spare time, Gloria enjoys staying active. In Kentucky, she served as an assistant middle school girls basketball coach, kept the books for the high school varsity girls basketball team, announced high school football games, and served as the high school mascot. In North Carolina, she enjoys watching her daughters cheer and play basketball.

Of her short tenure so far at NC State, Gloria states, “Working here has been great. I find my job to be very challenging as I learn about the different aspects of equal opportunity compliance. I hope to learn much more so that I can help others in need.” OEO welcomes Gloria!

OEO Bids Farewell to Leila Jabbar

Leila Jabbar, who worked part-time in the Office for Equal Opportunity (OEO) as the EEO/AA Assistant, has accepted a full-time position with Carolina Dispute Settlement Services (CDSS). Leila’s expertise is with mediation, and she will be able to focus full-time on mediation services and training with her new role at CDSS. Leila’s departure from OEO and NC State is a great loss due to the support she has provided with harassment investigations, report writing, and other projects that have furthered the goals of the office. One of the greatest contributions Leila has made to OEO is the update and expansion of the Administrator’s Guide for Resolving Unlawful Harassment Claims. OEO wishes Leila the very best in her new position!

OEO Resource Directory

Office for Equal Opportunity (OEO)
1 Holladay Hall
Campus Box 7530
919-515-3148
www.ncsu.edu/equal_op

Disability Services for Students (DSS)
1900 Student Health Center
Campus Box 7509
919-515-7653
www.ncsu.edu/dss

Disability Hotline
To report a disability or accommodation issue or concern, send email to ADAHotline@ncsu.edu.

Harassment Complaints
For help with a harassment concern, contact Dr. Rhonda Sutton at 919-513-1234 or rhonda_sutton@ncsu.edu. [Update as of 11/2006: For help with a harassment concern, contact Amy Circosta at 919-513-1234 or amy_circosta@ncsu.edu.] You can also submit a harassment complaint online at www.ncsu.edu/equal_op/harassment/
harassment_complaint_form.html, or send email to report_harassment@ncsu.edu.

Hiring Procedures & Search Committee Orientations
If you are beginning a new search for a position, OEO encourages you to call 919-515-3148 to schedule a search committee orientation.

Training & Workshops
For information about our workshops and course offerings, please see www.ncsu.edu/equal_op/education.html or contact Beverly Jones Williams at 919-513-3836.

Faculty Exit Interviews
If you are a departing faculty member, please contact Dr. Rhonda Sutton at 919-513-1234 to schedule your exit interview. [Update as of 2/2007: For your exit interview, please contact Carson C. Cook at 919-513-2099 or carson_cook@ncsu.edu.]

About Equal_Op
This newsletter is published by the Office for Equal Opportunity at NC State University. It is available online at www.ncsu.edu/equal_op/pubs.html and in alternate formats upon request.

If you have questions or comments regarding this newsletter, please contact the Office for Equal Opportunity at 919-515-3148 or by email.