Equal Employment Opportunity/Diversity

Section: IV. ADSV - 213
Approved By: Dr. Pamela J. Transue, April 12, 2012
Last Review: Unknown
Last Revision: Unknown
Prior Revisions: Unknown
Initial Adoption: Unknown

Policy

The College will assure equal employment opportunity and prohibit discrimination in employment on the basis of race, ethnicity, religion, national origin, gender, sexual orientation, sexual identity, age, marital status, status as a disabled or Vietnam era veteran , the presence of a sensory, mental or physical disability or genetic information.The College will integrate the principles of diversity into all facets of the College. We strive to eliminate barriers to employment which artificially restrict hiring, promotion, recruitment, and tenure and to create an organization that reflects the diversity of the client constituencies we serve. Further, the College is committed to creating a climate in which diversity is valued and fostered, exposure to differing cultures and peoples is viewed as a key component of the employment experience, and that the College seeks to strengthen and expand the diversity of faculty, staff and students wherever possible.

The College is committed to creating a culture and environment that respects and values individual differences as well as encourages the productive potential of every employee.

The College seeks to address challenges, further our objectives and develop a culture welcoming to all who enter. The diversity of the College has a direct correlation to the excellence of services provided to students to meet their needs culturally, economically and socially.

Purpose

To define and affirm the College's commitment to Equal Employment Opportunity and Diversity.

To whom does this policy apply?

All employees and volunteers are covered by this policy.

References

Governor's Executive Order 93-07 - Affirming Commitment to Diversity and Equity in

Service Delivery and in the Communities of the State, Re-establishing Affirmative

Action and Prohibiting Discrimination in State Workplaces.

RCW 49.60; Discrimination - Human Rights Commission

WAC 162; Human Rights Commission

Title II of the Genetic Information Nondiscrimination Act of 2008

TCC Board Resolution 98-04 - Commitment to Diversity and Equal Employment

Opportunity.

TCC Board Resolution 93-05 - Board Support to Accomplish Diversity Goals.

Definitions

American Indian or Alaskan Native - A person with origins in any of the original peoples of North America and who maintains cultural identification through documented tribal affiliation or community recognition.

Asian/Pacific Islander - A person with origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. For example, China, Japan, Korea, Pakistan, the Philippine Republic, and Samoa.

Black/African-American - A person with origins in any of the Black racial groups of Africa.

Disabled Person - Federal and state definitions vary. The term disability is substitute for the term handicap in the following definitions:

The Federal Affirmative Action and Equal Opportunity Definition -

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment (as described in paragraph (3)).

Regarded as having such an impairment: An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. Regarded as having such impairment shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

The definition of disability shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of the ADA.

The term "substantially limits" shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.

An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as: 1) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; 2 ) use of assistive technology; 3) reasonable accommodations or auxiliary aids or services; or 4) learned behavioral or adaptive neurological modifications.

4(a) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. 1) the term "ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and 2) the term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image.

The Washington State Affirmative Action Definition - A person is disabled who: "Disability" means the presence of a sensory, mental, or physical impairment that: 1) Is medically cognizable or diagnosable; or 2) Exists as a record or history; or 3) Is perceived to exist whether or not it exists in fact.

A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.

"Impairment" includes, but is not limited to: 1) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or 2)Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

A limitation is not substantial if it has only a trivial effect.

Disabled Veteran - A person entitled to disability compensation under laws administered by the U.S. Department of Veteran Affairs for disability rated at 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

Genetic Information - includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder, or condition of an individual's family members (i.e. an individual's family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future

Hispanic - A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race. For example, persons from Brazil, Guyana, or Surinam would be classified according to their race and would not necessarily be included in the Hispanic category. This category does not include persons from Portugal, who should be classified according to race.

Marital Status - The legal status of being married, single, separated, divorced or widowed. It does not include consideration of cohabiting relationships.

Sexual Identity - Transsexual, intersexed, transvestite or transgender.

Sexual Orientation - Heterosexual, bisexual, or homosexual.

White/Caucasian - A person with origins in any of the original peoples of Europe, North Africa, or the Middle East.

Vietnam-era Veteran - A person who served on active duty for a period of more than 180 days, any part of which occurred between August 5,1964, and May 7,1975, and was discharged or released from duty with other than a dishonorable discharge.

See College Policy - Definitions