Discrimination : Not Just an Undergraduate Issue March 4, 2018

1. Discrimination: Not Just an Undergraduate Issue March 4, 2018

2. Who I Am… Karen A. Salvemini, Esq. Equal Opportunity Compliance Coordinator & Title IX Coordinator Office of the General Counsel 610-758-3535 eocc@lehigh.edu

3. Presentation Agenda • Relevant Federal Laws • Important Terms & Concepts • Specific Issues Impacting Graduate & Professional Students

4. Relevant FederalLaws

5. History of U.S. Non-Discrimination Laws

6. Civil Rights Act of 1964 11 Sections (Titles), including prohibitions on discrimination in employment, voting, public accommodations, schools, federal fund recipients

7. Other Civil Rights and Non-Discrimination Laws • Age Discrimination in Employment Act of 1967 • Fair Housing Act of 1968 • Rehabilitation Act of 1973 • Pregnancy Discrimination Act of 1978 • Americans with Disabilities Act of 1990 • Genetic Information Nondiscrimination Act of 2008

8. Title IX of the Education Amendments Act of 1972 "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." 20 U.S.C. § 1681(Otherwise Referred to as "Title IX")

9. ImportantTerms &Concepts

10. The 6 and The 9 Discrimination & Harassment Sexual Misconduct Sexual Assault Rape Fondling Incest Statutory Rape Sexual Exploitation Stalking Intimate Partner Abuse Dating Violence Domestic Violence • Discrimination • Harassment • Quid Pro Quo • Hostile Environment

11. Protected Characteristics • National or Ethnic Origin • Race • Religion • Sex • Sexual Orientation • Veteran Status • Age • Color • Disability • Gender Identity or Expression • Genetic Information • Marital or Familial Status

12. Discrimination • Subjected to Negative or Adverse Treatment • Based on One or More Protected Characteristics • Denies or Limits the Individual’s Ability to Obtain Educational Benefits or Interferes with the Work Environment

13. Quid Pro Quo Sexual Harassment • Education or job – related benefits • Promised or withheld • Based upon acquiescence to sexual conduct

14. Hostile Environment • Unwelcome verbal, non-verbal, or physical conduct • That is sufficiently serious (severe or pervasive) • Based on a protected characteristic • That creates an intimidating, hostile, or offensive academic or work environment OR • Enduring the offensive conduct becomes a condition of continued employment

15. Examples of Harassment • Violence • Threats or intimidation • Destroying property • Sabotaging • Derogatory remarks, jokes, insults • Graffiti about someone, racist cartoons or images • Refusing to help someone do a job • Stereotyping Can all be considered illegal

16. Microaggressions Brief and commonplace daily verbal, behavioral, or environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative slights and insults, particularly toward people of historically marginalized groups. • Microassaults: Intentional but Don’t Realize the Impact • Microinsults: Convey Bias and Stereotypes • Microinvalidations: Negate Reality • Do occur to dominate groups but don’t happen as frequently and don’t have as much as an impact

18. Retaliation • Was the individual engaged in a protected activity? • Did the person suffer an adverse action? AND • Was there a causal connection between the two?

19. Pushing the Envelope • Disrespectful behavior? • Bullying? • Protected class not involved? • Lack of professional boundaries?

20. Specific IssuesImpacting Graduate &Professional Students

21. Challenges Specific to Graduate & Professional Students • Cultural Differences • Advisor/Advisee Issues • Disabilities • Pregnancy • Spouses

22. Questions???