University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

Article 4 Discrimination Prohibition

Statement of Philosophy

The University of Minnesota and the Union are committed to recognizing and acknowledging the healthy and positive diversity that we have on the University campuses. Further, the parties recognize that all employees have the right to work in a productive environment in which there is no verbal or physical intimidation, or discrimination or harassment based on the criteria provided in Section 1, Discrimination Prohibition, and Section 2, Sexual Harassment. It is in this spirit that the parties agree to the provisions of this Article. This statement shall not be grievable nor shall either party use this Section as evidence or argument in arbitration.

Section 1. Discrimination Prohibition

Discrimination on the basis of race, color, creed or religion, sex (including sexual harassment), marital status, affectional preference and/or sexual orientation, public assistance status, disability, age, national origin, veteran status, or political opinions, is prohibited. The Union shall share equally with the University the responsibility for applying this provision of the Agreement.

Section 2. Sexual Harassment

The parties agree that all employees have a right to a workplace free from sexual harassment. The Union recognizes its responsibility to assist in maintaining a workplace free of sexual harassment. Whether sexual harassment has occurred will be determined in each situation. For purposes of illustration and example only, the definition contained in the Equal Employment Opportunity Commission guidelines, the 1984 "Policy Statement on Sexual Harassment," defines sexual harassment as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

  1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement;
  2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual;
  3. such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

Section 3. Union Activity

The Union and the University agree not to interfere with the rights of employees under the Public Employment Labor Relations Act. There shall be no discrimination, interference, restraint, or coercion by the Employer against any employee because of union activity or lack of activity or Union membership or refusal to join the Union. The Union recognizes its responsibility as bargaining representative and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion and without regard to union activity or lack of union activity or Union membership or refusal to join the Union.

Section 4. Nepotism

Relatives may work for the University provided there is no immediate supervisory relationship or substantive administrative relationship. Relatives include: (1) by blood or adoptive relationship: parents, grandparents, children, grandchildren, brothers, sisters; or (2) by marriage relationship: husbands, wives, brothers- or sisters-in-law, fathers- or mothers-in-law, sons- or daughters-in-law, stepparents, stepchildren or (3) by registered domestic partnership: registered same sex domestic partners, brothers or sisters of registered same sex domestic partners, fathers or mothers of registered same sex domestic partners, sons or daughters of registered same sex domestic partners.

Any employee who has passed an initial probationary period and who is required to resign from a position in order to comply with this section shall have rights to the layoff list as though the employee had been laid off. Any employee still serving a probationary period shall be discharged from the position if necessary to comply with this section.

The parties agree that issues of nepotism are appropriately discussed in a meet and confer situation where the issue arises, or at the ULMC on policy issues.

Section 5. Political Activity

No employee shall be required to pay or be allowed to solicit or receive any assessment, contribution, or subscription for political purposes whatsoever during work hours. No employee shall directly or indirectly use the employee's authority or official influence to compel any employee to apply for membership in or become a member of any political organization; or to pay or promise to pay any assessment, subscription, or contribution; or to take part in any political activity.

Section 6. Compliant Procedures

Upon request, the University will make available to employees copies of the various non-discrimination and Equal Opportunity/Affirmative Action (EEO/AA) policies.

Information on University discrimination complaint procedures, which are also the vehicle for sexual harassment complaints, is included in Appendix A.

Should an employee decide to grieve alleged discrimination or sexual harassment through Article 21, Settlement of Disputes, the employee shall not have the right to use the University complaint procedure on the alleged violation in question. Should an employee decide to use the University procedure, then the employee shall not have the right to grieve using Article 21 of the Agreement on the alleged violation in question.