WORKPLACE NONDISCRIMINATION POLICY
Approved by the Pomona College Board of Trustees on December 8, 2023
Statement of Nondiscrimination
Pomona College complies with all applicable state and federal civil rights laws prohibiting discrimination and harassment in the workplace. This policy uses the term “Legally Protected Characteristics” to encompass all of the categories that are protected by state and federal employment laws, including: sex (including pregnancy, childbirth and related medical conditions, breastfeeding, and conditions related to breastfeeding), gender identity and expression, pregnancy, reproductive health decision-making, religion (including religious dress and grooming practices), creed, color, race (including traits historically associated with race, including but not limited to hair texture and protective hairstyles), national or ethnic origin, actual or perceived shared ancestry or ethnic characteristics, citizenship or residency in a country with a dominant religion or distinct religious identity, , sexual orientation, medical condition, physical or mental disability, age (age 40 and over), marital status, registered domestic partner status, military and/or veteran status, genetic characteristics and information or any other basis prohibited by state or federal law. All forms of harassment and discrimination destroy that foundation of respect and violate the sense of community vital to the College’s educational enterprise.
In addition, in accordance with California law, the College does not discriminate against employees on the basis of a lawful change of name, Social Security Number or federal employment authorization document (Labor Code section 1024.6); receipt of Medi-Cal coverage (Govt. Code section 13084); or having a California driver’s license with a “federal limits apply” notation (Govt. Code section 12926(v. Similarly, the College does not discriminate against employees with “driving privilege cards,” “driver authorization cards,” or other government-issued alternative driver’s licenses. Furthermore, consistent with California law, the College does not discriminate against employees on the basis of immigration status, primary language and citizenship (Civil Code section 51(b). Verification of immigration status, and employment decisions based upon such verification where required by federal law, shall not constitute a violation of this Policy.
This Policy strictly prohibits all employees, including supervisors and managers, from engaging in unlawful discrimination and harassment against any individual at the College or at College programs and activities occurring away from campus. This policy protects all individuals regularly or temporarily employed, , or with an official business capacity at Pomona College (such as Trustees, guest lecturers, volunteers, vendors and contractors) and third parties with whom individuals may come into contact within the workplace. The College also prohibits retaliation against any individual who makes a complaint or who participates in an investigation under this policy. This Policy covers hiring, promotion, compensation, benefits, and all other terms and conditions of employment at Pomona College.
The College also recognizes that discrimination and harassment may occur in an intersectional manner. Intersectional discrimination and harassment occur when discrimination or harassment is based on a combination of interconnected protected statuses. A non-exhaustive list of examples of intersectional discrimination and harassment is below.
- Antisemitism can be a form of intersectional discrimination or harassment based on religion, shared ancestry, and/or national origin. Antisemitism may manifest as engaging in any of the following conduct against an individual because the individual is or is perceived to be Jewish or because the individual is or is perceived to be from Israel: repeatedly using anti-Semitic slurs; defacing an individual’s property with a hateful symbol or word (e.g., a swastika); denying an individual access to or refusing to allow an individual to participate in any program sponsored or hosted by the College; using force or intimidation to obstruct the path of an individual; or refusing to grant an individual a benefit to which they are entitled (e.g., a letter of recommendation). Evidence of an individual’s perceived protected status may include, for example, association with Israel or with a Jewish organization, wearing religious attire (e.g., a kippah), or displaying a religious symbol associated with Judaism (e.g., a star of David).
- Islamophobia can be a form of intersectional discrimination or harassment based on religion, shared ancestry, and/or national origin. Islamophobia may manifest as repeated incidents of slurs based on an individual’s actual or perceived protected status; blaming an individual for actions of other individuals of their actual or perceived shared identity as Middle Eastern or Muslim (e.g., calling an individual a “terrorist”); or denying an individual access to or refusing to allow an individual to participate in any program sponsored or hosted by the College because of their actual or perceived protected.
- Discrimination or harassment based on age and disability can be another form of intersectional discrimination or harassment, which may manifest as acting on assumptions about an individual’s inability to participate in an educational activity based on their age and disability or using patronizing language toward an older individual with a disability, even when not engaging in similar behavior towards an older individual without a disability or younger individual with a disability.
- Discrimination or harassment based on race and gender can be another form of intersectional discrimination or harassment, which may manifest as applying different expectations for behavior to women of color or acting on stereotypes about characteristics of particular groups of women of color, even when not engaging in similar behavior towards men of color or white women.
Equal Employment Opportunity Commitment
The College is committed to equal employment opportunity. The College does not discriminate on any basis protected by state and federal law, meaning that the College does not base employment decisions on any Legally Protected Characteristics possessed by the employee or any person with whom the employee is associated.
The College’s Equal Employment Opportunity policy governs all aspects of employment, including admissions, access, and service in Pomona College programs and activities, as well as hiring, training, promotion, compensation, benefits, discipline and discharge and all other terms and conditions of employment at the College.
The College offers reasonable accommodations to qualified individuals with physical or mental disabilities to the extent the accommodation will allow them to perform the essential functions of the job and will not create an undue hardship. The College also offers reasonable accommodations for an employee’s religious beliefs and observance. Further information relating to reasonable accommodations is available from the Human Resources Department. If an employee believes they need a reasonable accommodation because of a disability or religious practice, they should speak with the Human Resources Department or their supervisor.
Workplace Harassment: Special Considerations
The College strives to provide a work environment where all individuals can work together comfortably and productively. Each individual has the right to work in a professional atmosphere that promotes equal opportunity and prohibits discriminatory practices, including sexual and other forms of prohibited harassment. Such prohibited harassment is unacceptable and will not be tolerated. This Policy applies to all individuals in the workplace, not only employees but also contractors, vendors, unpaid interns and volunteers.
The College prohibits workplace harassment based on an individual’s Legally Protected Characteristics. The workplace is not limited to the College’s facilities, but may also include client and vendor facilities, as well as anywhere a work-related function is taking place.
Prohibited harassment includes, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the employee’s normal work or movement which is aimed at an individual or group because of their Legally Protected Characteristic(s).
Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on the College’s premises or circulated in the workplace that denigrates, shows hostility or aversion towards an individual or group because of any Legally Protected Characteristic. Whether or not the person means to give offense or believed his or her comments or conduct were welcome is not significant. Rather, the College’s Policy is violated when other workers, whether recipients or mere observers are, in fact, offended by comments or conduct based on a Legally Protected Characteristic, so as to disrupt their emotional tranquility in the workplace, interfere with their personal sense of well-being, or affect their ability to perform their job as usual.
Generally, to count as workplace harassment under this Policy, such conduct must:
- be based upon one or more Legally Protected Characteristics;
- be offensive to the individual complaining of harassment and offensive to a reasonable person; and
- be so persistent, repetitive, pervasive, or severe that it has the purpose or effect of substantially interfering with an individual’s workplace performance or creating an intimidating, abusive or hostile employment environment at the College.
Sexual Harassment
Both sex and gender are Legally Protected Characteristics, and sexual harassment is a type of harassment prohibited by this policy. Sexual harassment is defined as unwelcome sexual or gender-based conduct of any nature that creates an offensive or hostile work environment or unwelcome sexual conduct that is made a condition of working at the College. Sexual harassment, like other forms of prohibited harassment, will not be tolerated.
Examples of prohibited sexual harassment include unwelcome sexual conduct such as: Verbal harassment (e.g., sexual requests, comments, jokes, slurs); Physical harassment (e.g., touching, kissing); and Visual harassment (e.g., posters, cartoons, or drawings of a sexual nature).
Sexual harassment is not limited to conduct motivated by sexual attraction or desire. It may occur between members of the opposite sex or members of the same sex, regardless of their sexual orientation. It also may be in the form of non-sexual, offensive conduct that is directed at an individual because of his or her gender. This would include, for example, conduct based on the individual’s (i) gender identity or gender expression; (ii) pregnancy, childbirth, or related medical conditions; and/or (iii) breastfeeding and related medical conditions.
Harassment may also occur when submission to conduct described above is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment at the College, or participation in a College program and/or activity. More specific information about how the College addresses various specific forms of harassment based on sex (e.g., sexual assault, dating violence, domestic violence, stalking, and related forms of conduct) may be found in the TCC Title IX Policy, the College’s Faculty and Staff Title IX Policy, or the College’s Sexual Misconduct, Harassment and Discrimination Policy.
Complaint Procedures
If any member of the College community has questions or concerns about any type of discrimination or harassment, they should bring them to the attention of their supervisor, Student Affairs or Human Resources. All concerned individuals, including students and employees, can raise complaints and make reports without fear of reprisal.
Students, faculty and staff who believe they are being harassed or discriminated against, have observed harassment of, or discrimination against, another person at the College in violation of this Policy, or believe such conduct has occurred, should immediately report the incident following the complaint reporting procedures described in the TCC Title IX Policy, the College’s Faculty and Staff Title IX Policy, the College’s Sexual Misconduct, Harassment and Discrimination Policy or the College’s Discrimination and Harassment Investigation and Response Procedures. If students have any questions related to the TCC Title IX Policy, the Faculty and Staff Title IX Policy, the Sexual Misconduct, Harassment and Discrimination Policy, please contact Associate Dean of Students and Interim Title IX Coordinator Josh Eisenberg (josh.eisenberg@pomona.edu); (909) 621- 8017. If students have any questions related to the Discrimination and Harassment Investigation and Response Procedures, please contact Associate Title IX Coordinator Abby Lawlow (abigail.lawlor@pomona.edu); (909) 621-8017. If faculty have any questions related to these policies, please contact Associate Dean April Mayes (april.mayes@pomona.edu); (909) 621-8722). If staff have any questions related to these policies, please contact interim Assistant Vice President, Human Resources, Carol Salvidar (carol.salvidar@pomona.edu; (909) 607-1686).
If an immediate supervisor is involved in the conduct or, for some other reason, an employee feels uncomfortable making the report to that supervisor, the employee should report directly to the Human Resources Department. The College encourages prompt reporting of complaints so that it can take appropriate action. Late reporting by itself, however, will not preclude the College from taking remedial action. In addition, any individual may lodge a complaint of unlawful workplace discrimination, harassment or retaliation with the California Civil Rights Department, www.calcivilrights.ca.gov, and/or the U.S. Equal Employment Opportunity Commission, www.eeoc.gov.
Any manager or supervisor who sees or hears about conduct that may constitute harassment, discrimination or retaliation under this Policy must immediately contact the Human Resources Department.
Anyone found to be engaging in any type of unlawful workplace discrimination or harassment will be subject to disciplinary action, up to and including termination of employment or business relationship with the College.
Prohibition Against Retaliation
College prohibits Retaliation against any person who is exercising their rights under this Policy. Retaliation is defined as the taking of an adverse action by any student, faculty or staff member against another individual as a result of that individual’s exercise of a right under this Policy, including participation in the reporting, refusal to participate in, or assistance with the investigation, reporting, remedial or grievance processes as provided in this Policy or relevant College policies. Retaliation includes adverse actions intended to improperly deter involvement of another in these procedures set forth in this Policy, and may involve actions intended either to intimidate or to penalize individuals for their participation. Retaliation is strictly prohibited by law and/or this Policy; any person who is found to have engaged in retaliation shall be subject to disciplinary action, up to and including termination/dismissal. The College will not retaliate, nor will it tolerate retaliation, against individuals who complain in good faith about discrimination or harassment on the campus or in the workplace. Claims of retaliation under this Policy will be addressed and resolved just like complaints of discrimination or harassment under the appropriate College policy/ies.
NONDISCRIMINATION POLICY REGARDING STUDENT-RELATED MATTERS
Approved by the Pomona College Board of Trustees on December 8, 2023
Statement of Nondiscrimination
Pomona College complies with all applicable state and federal civil rights laws prohibiting unlawful discrimination and harassment against students. This policy uses the term “Legally Protected Characteristics” to encompass all of the categories that are protected by state and federal employment laws, including: sex (including pregnancy, childbirth and related medical conditions, breastfeeding, and conditions related to breastfeeding), gender identity and expression, pregnancy, reproductive health decision-making, religion (including religious dress and grooming practices), creed, color, race (including traits historically associated with race, including but not limited to hair texture and protective hairstyles), national or ethnic origin, actual or perceived shared ancestry or ethnic characteristics, citizenship or residency in a country with a dominant religion or distinct religious identity, sexual orientation, medical condition, physical or mental disability, age (age 40 and over), marital status, registered domestic partner status, military and/or veteran status, genetic characteristics and information or any other basis prohibited by state or federal law. All forms of harassment and discrimination destroy that foundation of respect and violate the sense of community vital to the College’s educational mission.
In addition, consistent with California law, the College does not discriminate against students on the basis of a lawful change of name, Social Security Number or federal employment authorization document (Labor Code section 1024.6); receipt of Medi-Cal coverage (Govt. Code section 13084); or having a California driver’s license with a “federal limits apply” notation (Govt. Code section 12926(v)). Similarly, the College also does not discriminate against students with “driving privilege cards,” “driver authorization cards,” or other government-issued alternative driver’s licenses. Furthermore, in accordance with California law, the College does not discriminate against students on the basis of immigration status, primary language and citizenship (Civil Code section 51(b)). Verification of immigration status, and employment decisions based upon such verification where required by federal law, shall not constitute a violation of this Policy.
This Policy strictly prohibits unlawful discrimination and harassment against any individual at the College or at College activities occurring away from campus, including international and domestic programs, including but not limited to all individuals studying, participating in or seeking to participate in the College’s education programs or activities. The College also prohibits retaliation against any individual who makes a complaint or who participates in an investigation under this Policy. This Policy covers admissions, access to, participation in and service in Pomona College programs and activities.
Harassment-Free Campus
The College also strives to provide a campus environment where all individuals can visit and study together comfortably and productively. Each individual has the right to visit and learn in an environment that promotes equal opportunity and prohibits discriminatory practices, including sexual and other forms of prohibited harassment. Such prohibited harassment is unacceptable and will not be tolerated. This Policy applies to all individuals on campus regarding their conduct outside of the workplace context.
The College prohibits harassment, as further defined below, based on an individual’s Legally Protected Characteristics, including but not limited to antisemitic harassment or Islamophobia. This prohibition is not limited to the College’s campus and facilities, and shall apply anywhere a College-related education program or activity is taking place.
Prohibited harassment includes, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with a student’s normal academics or extracurricular movement which is aimed at an individual or group because of their Legally Protected Characteristic(s).
The College also recognizes that discrimination and harassment may occur in an intersectional manner. Intersectional discrimination and harassment occur when discrimination or harassment is based on a combination of interconnected protected statuses. A non-exhaustive list of examples of intersectional discrimination and harassment is below.
- Antisemitism can be a form of intersectional discrimination or harassment based on religion, shared ancestry, and/or national origin. Antisemitism may manifest as engaging in any of the following conduct against an individual because the individual is or is perceived to be Jewish or because the individual is or is perceived to be from Israel: repeatedly using anti-Semitic slurs; defacing an individual’s property with a hateful symbol or word (e.g., a swastika); denying an individual access to or refusing to allow an individual to participate in any program sponsored or hosted by the College; using force or intimidation to obstruct the path of an individual; or refusing to grant an individual a benefit to which they are entitled (e.g., a letter of recommendation). Evidence of an individual’s perceived protected status may include, for example, association with Israel or with a Jewish organization, wearing religious attire (e.g., a kippah), or displaying a religious symbol associated with Judaism (e.g., a star of David).
- Islamophobia can be a form of intersectional discrimination or harassment based on religion, shared ancestry, and/or national origin. Islamophobia may manifest as repeated incidents of slurs based on an individual’s actual or perceived protected status; blaming an individual for actions of other individuals of their actual or perceived shared identity as Middle Eastern or Muslim (e.g., calling an individual a “terrorist”); or denying an individual access to or refusing to allow an individual to participate in any program sponsored or hosted by the College because of their actual or perceived protected.
- Discrimination or harassment based on age and disability can be another form of intersectional discrimination or harassment, which may manifest as acting on assumptions about an individual’s inability to participate in an educational activity based on their age and disability or using patronizing language toward an older individual with a disability, even when not engaging in similar behavior towards an older individual without a disability or younger individual with a disability.
- Discrimination or harassment based on race and gender can be another form of intersectional discrimination or harassment, which may manifest as applying different expectations for behavior to women of color or acting on stereotypes about characteristics of particular groups of women of color, even when not engaging in similar behavior towards men of color or white women.
To constitute non-workplace campus harassment under this Policy, such conduct must:
- be based upon one or more Legally Protected Characteristics;
- be so persistent, repetitive, pervasive, or severe that it has the purpose or effect of substantially interfering with and/or materially limiting a reasonable person’s ability to participate in or benefit from the College’s educational programs or activities.
Harassment that is deemed sufficiently severe as to limit or deny a reasonable person’s ability to participate in or benefit from the College’s educational programs or activities may be communicated or presented in many different forms, including written or graphic material placed on walls, bulletin boards or elsewhere on the College’s premises.
Protected and Unprotected Speech and Harassment
Just as the College is committed to providing a campus and work environment where all individuals can enjoy a safe educational and work environment free of harassment, it is equally committed to maintaining academic freedom and free speech consistent with all applicable state and federal laws. Generally, the legitimate expression of differing opinions and concerns, including hateful, politically controversial, abhorrent, unpopular or dissident viewpoints, is
an essential element of the academic process and do not constitute prohibited harassment. In addition, as discussed in the College’s Speech Code and Hate Crimes and Bias-Incident Protocol, student speech that is politically controversial, offensive, hateful, unpopular, or abhorrent is generally considered a protected exercise of a student’s free expression rights under California’s Leonard Law and will not be deemed a violation of this policy. Similarly, while hateful speech may feel threatening, speech that makes generalized threats to a group of people but is not focused on a specific person(s) is also generally protected. By contrast, speech that communicates or incites a serious intent to harm that is directed toward a particular individual or a group of specific individuals might not be protected.
However, just because speech is protected does not mean that it is consistent with the College’s values as a supportive and inclusive campus community. Students are therefore encouraged to engage in more dialogue on campus, as well as exercise their right to walk away and not be held as a captive audience. In addition, the College has a Bias-Related Incident Protocol that is focused on assisting and supporting targeted individuals. Finally, there are support resources on campus for students who have been negatively impacted by hate speech. These include the Monsour Counseling and Psychological Services, TCCS Chaplains, Office of Black Student Affairs, Chicago/Latino Student Affairs, the Queer Resource Center, and the Asian American Resource Center.
For additional information, see Pomona College Student Code, Article IV: Speech Code and the College’s Hate Crime and Bias-Related Incident Protocol and related Bias Report Form.
Sexual Harassment
Both sex and gender are Legally Protected Characteristics, and sexual harassment is a type of harassment prohibited by this policy. Sexual harassment is defined as unwelcome sexual or gender-based conduct of any nature that creates an offensive or hostile work environment or unwelcome sexual conduct that is made a condition of working at the College. Sexual harassment, like other forms of prohibited harassment, will not be tolerated.
Examples of prohibited sexual harassment include unwelcome sexual conduct such as: Verbal harassment (e.g., sexual requests, comments, jokes, slurs); Physical harassment (e.g., touching, kissing); and Visual harassment (e.g., posters, cartoons, or drawings of a sexual nature).
Sexual harassment is not limited to conduct motivated by sexual attraction or desire. It may occur between members of the opposite sex or members of the same sex, regardless of their sexual orientation. It also may be in the form of non-sexual, offensive conduct that is directed at an individual because of his or her gender. This would include, for example, conduct based on the individual’s (i) gender identity or gender expression; (ii) pregnancy, childbirth, or related medical conditions; and/or (iii) breastfeeding and related medical conditions.
Harassment may also occur when submission to conduct described above is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment at the College, or participation in a College program and/or activity. More specific information about how the College addresses various specific forms of harassment based on sex (e.g., sexual assault, dating violence, domestic violence, stalking, and related forms of conduct) may be found in the TCC Title IX Policy, the College’s Faculty and Staff Title IX Policy, or the College’s Sexual Misconduct, Harassment and Discrimination Policy.
Complaint Procedures
If any member of the College community has questions or concerns about any type of discrimination or harassment, they should bring them to the attention of their supervisor, Student Affairs or Human Resources. All concerned individuals, including students and employees, can raise complaints and make reports without fear of reprisal.
Students who believe they are being harassed or discriminated against, have observed harassment of, or discrimination against, another person at the College in violation of this Policy, or believe such conduct has occurred, should immediately report the incident following the complaint reporting procedures described in the TCC Title IX Policy, the College’s Faculty and Staff Title IX Policy, the College’s Sexual Misconduct, Harassment and Discrimination Policy or the College’s Discrimination and Harassment Investigation and Response Procedures. If students have any questions related to the TCC Title IX Policy, the Faculty and Staff Title IX Policy, the Sexual Misconduct, Harassment and Discrimination Policy, please contact Associate Dean of Students and Interim Title IX Coordinator Josh Eisenberg (josh.eisenberg@pomona.edu); (909) 621- 8017. If students have any questions related to the Discrimination and Harassment Investigation and Response Procedures, please contact Associate Title IX Coordinator Abby Lawlor (abigail.lawlor@pomona.edu); (909) 621-8017.
Prohibition Against Retaliation
The College prohibits Retaliation against any person who is exercising their rights under this Policy. Retaliation is defined as the taking of an adverse action by any student, faculty or staff member against another individual as a result of that individual’s exercise of a right under this Policy, including participation in the reporting, refusal to participate in, or assistance with the investigation, reporting, remedial or grievance processes as provided in this Policy or relevant College policies. Retaliation includes adverse actions intended to improperly deter involvement of another in these procedures set forth in this Policy, and may involve actions intended either to intimidate or to penalize individuals for their participation. Retaliation is strictly prohibited by law and/or this Policy; any person who is found to have engaged in retaliation shall be subject to disciplinary action, up to and including termination/dismissal. The College will not retaliate, nor will it tolerate retaliation, against individuals who complain in good faith about discrimination or harassment on the campus or in the workplace. Claims of retaliation under this Policy will be addressed and resolved just like complaints of discrimination or harassment under the appropriate College policy/ies.
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