Prohibited Workplace Harassment and Discrimination
It is the policy of the State of North Carolina to provide equality of opportunity in education and employment for all students and employees. Accordingly, the University does not practice or condone prohibited discrimination in any form against students, employees or applicants on the grounds of race, color, religion, creed, sex, national origin, age, disability, or veteran status.
NC State regards discrimination on the basis of sexual orientation to be inconsistent with its goal of providing a welcoming environment in which all its students, faculty, and staff may learn and work up to their full potential. The University values the benefits of cultural diversity and pluralism in the academic community and welcomes all men and women of good will without regard to sexual orientation.
For more information regarding discrimination, or if you believe you have been discriminated against, contact Employee Relations, 919-515-6575, or the Office for Institutional Equity & Diversity, 919-515-3148.
- What Is Prohibited Workplace Harassment?
- How Do I File an SPA Grievance for Prohibited Workplace Harassment?
- Guiding Policies and Other Resources
Prohibited Workplace Harassment
Under the policy of NC State University, no employee may engage in speech or conduct that is defined as prohibited workplace harassment. Employees are guaranteed the right to work in an environment free from prohibited workplace harassment and retaliation. Any interference, coercion, restraint, or reprisal of any person complaining of prohibited workplace harassment is prohibited.
For more information regarding prohibited workplace harassment and/or discrimination, or if you believe you have been harassed or discriminated against, contact Employee Relations, 919-515-6575, or the Office for Institutional Equity & Diversity, 919-515-3148.
What Is Prohibited Workplace Harassment?
Prohibited workplace harassment is unwelcome or unsolicited speech or conduct based upon race, sex, creed, religion, national origin, age, color, disability, veteran status, or sexual orientation, that creates a hostile work environment or circumstances involving quid pro quo.
A hostile work environment is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. A hostile work environment is determined by looking at all of the circumstances, including the frequency of the alleged harassing conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee's work performance. A hostile work environment is created due to prohibited workplace harassment or other forms of discrimination based upon race, color, religion, creed, sex, national origin, age, disability, veteran status, or sexual orientation.
Quid pro quo harassment consists of unwelcome sexual advances; requests for sexual favors, or other verbal or physical conduct when
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
Retaliation is defined as adverse action taken because of opposition to unlawful workplace harassment. Any conduct causing interference, coercion, restraint or reprisal against a person complaining of unlawful workplace harassment or participating in the resolution of a complaint, grievance, or appeal is considered retaliation. Any act of retaliation should be communicated immediately to Employee Relations, 919-515-6575.
Harassment is a form of discrimination in violation of federal law and is not tolerated by NC State. Faculty, staff, and students should be aware that incidents of harassment may lead to serious disciplinary action up to and including dismissal.
How Do I File an SPA Grievance for Prohibited Workplace Harassment?
To file a grievance, a SPA staff member alleging prohibited workplace harassment must contact Employee Relations or the Office for Institutional Equity & Diversity (OIED) within 30 calendar days of the alleged harassing action. If filling the complaint with Employee Relations, an SPA staff member should also complete an SPA Employee Grievance Form. An Employee Relations consultant will then notify the department that a grievance has been filed and will oversee the steps of the grievance procedure. Employee Relations will also contact the Office for Equal Opportunity for review and possible investigation of the complaint presented.
The first step in the grievance process provides for a prompt and impartial review by management of the alleged workplace harassment. Management is responsible for resolving the complaint and providing the grievant with a written ruling stating any remedial actions that will be taken.
If not satisfied, the employee may appeal management's decision to a Prohibited Workplace Harassment Complaint Review Panel within the University. This panel submits a written a recommendation to the Vice Chancellor for Finance and Business, who renders the University a written decision to both the grievant and the department management.
All other employees (non-SPA) should file their harassment complaints with Employee Relations, 919-515-6575, or with the Office for Institutional Equity & Diversity (OIED). Complaints must be filed within 30 days of the alleged harassment.
If the grievant is not satisfied with the University decision, he or she may appeal directly to the Office of Administrative Hearings and the State Personnel Commission. A grievant may file a simultaneous complaint under Title VII with the Equal Employment Opportunity Commission (EEOC), as well.
For further information about the University's Prohibited Workplace Harassment policy, contact Employee Relations, 919-515-6575.
Guiding Policies and Other Resources
- Office for Institutional Equity & Diversity
- Equal Opportunity and Non-Discrimination Policy Statement (Policy 04.25.05)
- Non-Discrimination Policies: Appendix
- Reasonable Accommodations in Employment (Regulation 05.00.02)
- Resolution Procedures for Harassment Complaints (Regulation 04.25.02)