Harassment & Discrimination Prevention Policies

Table of Contents:

1. Harassment and Discrimination Policy Statements
2. Terms and Descriptions
3. UC Sexual Violence and Sexual Harassment Policy
4. Sexual Harassment Prevention Training
5. Lab & UC Berkeley Sexual Harassment Resources
6. Community Sexual Harassment Resources

Harassment and Discrimination Policy Statements

Berkeley Lab and the University of California is committed to providing a workplace free of discrimination and harassment. LBNL and the University prohibit discrimination against any person employed; seeking employment; or applying for or engaged in a paid or unpaid internship or training program leading to employment with LBNL or the University of California. In addition, LBNL and the University prohibits harassment of an employee, applicant, paid or unpaid intern, volunteer, person participating in a program leading to employment, or person providing services pursuant to a contract. LBNL and the University undertake affirmative action, consistent with its obligations as a federal contractor.

LBNL and the University prohibits discrimination against any person employed; seeking employment; or applying for or engaged in a paid or unpaid internship or training program leading to employment with LBNL or the University of California on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, gender transition status, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services, including protected veterans. This policy applies to all employment practices, including recruitment, selection, promotion, transfer, merit increase, salary, training and development, demotion, and separation. In addition, LBNL and the University prohibits harassment based on the above protected characteristics of an employee, applicant, paid or unpaid intern, volunteer, person participating in a program leading to employment, or person providing services pursuant to a contract.

For full text, please see: Policy – Discrimination, Harassment, and Affirmative Action in the Workplace.

Individuals who believe they have been subjected to discrimination, harassment, or retaliation are encouraged to submit complaints through their local Human Resources office, Affirmative Action/Equal Employment Opportunity office (LBNL FAIR Office or FAIR@lbl.gov), Academic Personnel office, Labor Relations office, or the University Whistleblower Hotline (800-403-4744). Complaints will be assigned to the appropriate office or officer for review and investigation. When LBNL or the University receives an allegation of discrimination, harassment, or retaliation, it will conduct a fair, timely, and thorough investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected. Confidentiality will by kept by LBNL and the University to the extent possible, but the investigation may not be completely confidential. If the investigation finds discrimination, harassment, or retaliation, appropriate administrators, in consultation with the LBNL FAIR Office, will take appropriate remedial measures.

Profiling employees or potential employees based on perceived racial, sexual or national origin characteristics is illegal and works against achieving fairness and equal opportunity in the workplace. Berkeley Lab supports this policy and knows that in order to achieve true diversity in the workplace, every individual must be given the opportunity to achieve. To express concerns or issues related to prohibited profiling practices, employees are encouraged to contact Berkeley Lab’s Research and Institutional Integrity Office (RIIO). Employees can visit the Lab’s Employee Concerns website to learn more about the forums or mechanisms to express employee concerns.

Equal Employment Opportunity: Berkeley Lab is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, or protected veteran status. Berkeley Lab is in compliance with the Pay Transparency Nondiscrimination Provision under 41 CFR 60-1.4.  Click here to view the poster and supplement: “Equal Employment Opportunity is the Law.”

Terms and Descriptions:

• Harassment is a legal term of unwelcome conduct that is based on a protected class including: race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment is unlawful when (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. General workplace slights, annoyances and isolated incidents (unless extremely serious) will not rise to the level of illegal harassment.
• Discrimination  is a legal term which describes unfair employment action by an employer based on a protected class including: race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. These actions may include but are not limited to decisions by management such as denial of a needed and reasonable workplace accommodation due to a disability, disparate adverse work assignments, or unequal pay for equal work (where other conditions are also equal such as work-unit, performance and years of service).
• Underrepresented Minorities (URMs) is a term for the demographic dataset of identified historically comprised minority groups: African American, American Indian/Alaska Native, Latinx, Pacific Islander, Asian or Underrepresented Genders. These aspects are confidentially recorded as part of a federal contractor’s required Affirmative Action Plan (AAP) and demographics are reviewed for statistically significant disproportionate gaps between the demographic make-up of the available qualified candidate pool as compared to the demographic result in a particular workforce in that same field. Currently, underrepresented minorities are particularity underrepresented in the fields of science, technology, engineering, and mathematics (STEM) nationwide.

Lab & UC Berkeley Sexual Harassment Resources

(For local and national resources see below)