Table of Contents:
- Harassment and Discrimination Policy Statements
- Terms and Descriptions
- UC Sexual Violence and Sexual Harassment Policy
- Sexual Harassment Prevention Training
- Lab & UC Berkeley Sexual Harassment Resources
- Community Sexual Harassment Resources
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.”
- 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.
Berkeley Lab is committed to creating and maintaining a community dedicated to the advancement, application and transmission of knowledge and creative endeavors through academic excellence, where all individuals who participate in Laboratory programs and activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation. Every member of the community should be aware that the Laboratory prohibits sexual violence and sexual harassment, retaliation, and other prohibited behavior (“Prohibited Conduct”) that violates law and/or University of California and Laboratory policy. The Laboratory will respond promptly and effectively to reports of Prohibited Conduct and will take appropriate action to prevent, to correct, and when necessary, to discipline behavior that violates this Policy on Sexual Violence and Sexual Harassment (hereafter referred to as Policy). This Policy addresses the Laboratory’s responsibilities and procedures related to Prohibited Conduct in order to ensure an equitable and inclusive education and employment environment free of sexual violence and sexual harassment. The Policy defines conduct prohibited by the Laboratory and explains the administrative procedures the Laboratory uses to resolve reports of Prohibited Conduct.
The Policy outlines the following sections: policy summary, definitions, policy text, compliance/responsibilities, procedures, related information, frequently asked questions, revision history, and appendices.
This Policy also prohibits retaliation against a person who reports sexual harassment, assists someone with a report of sexual harassment, or participates in any manner in an investigation or resolution of a sexual harassment report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.
Dissemination of the Nondiscrimination and Harassment Policy, Educational Programs, and Employee Training
As part of the Laboratory’s commitment to providing a harassment-free working and learning environment, the Sexual Violence and Sexual Harassment Policy will be disseminated widely to the Laboratory community through publications, Web sites, new employee orientations, and other appropriate channels of communication. Educational materials will be available to all members of the Laboratory community, to promote compliance with this policy and familiarity with Laboratory reporting procedures. In addition, the Laboratory has designated employees responsible for reporting sexual harassment and will provide training to those designated employees. Generally, such persons include supervisors, managers, and HR staff. The Laboratory has posted a copy of this policy in a prominent place on its Web site.
Courses are free for Lab community members (including affiliates and contractors).
Sexual Harassment Prevention Training for Supervisors & Managers (AB1825)
California law (AB1825), effective January 1, 2005, requires two hours of mandatory sexual harassment prevention education for all supervisory employees. In addition to staff supervisors, most academic employees (including all faculty) have been identified as having supervisory authority for the purposes of this law, and as such, are required to receive the training. New supervisory employees must receive the training within six months of their assumption of a supervisory position.
Click here too access the online training program.
The law requires that employers provide two hours of follow up training and education for all supervisory employees every two years for as long as the individual has supervisory authority. The University of California has customized the sexual harassment training courses based on the environment of the supervisor. Two versions are available – one for supervisory employees and one for faculty. Persons who completed their initial training two years ago must complete the training again.
(For local and national resources see below)
|7-911 or 9-911
|Employee Assistance Program
|Human Resources Centers (Contact List)
- Employee Assistance Program – no cost confidential counseling and mental health referral for lab employees
- UC Berkeley’s Tang Center Sexual Assault Resources
- UC Berkeley Gender Equity Resource Center
- UC Berkeley Survivor Support
- Bay Area Women Against Rape – 510-845-RAPE (7273) – 24-hr hotline staffed by trained counselors. Advocates accompany survivors to police dept, hospitals & courts. Offers short term counseling and support groups, and referrals for long-term counseling.
- Women Inc. – San Francisco – 877-348-3578
- Alameda County Medical Center/Highland Hospital, Oakland – 510 845-7273 Sexual Assault Hotline or 510 437-4557 Emergency Room
- Community Violence Solutions – (800) 670-7273 – Community Violence Solutions provides support services to child and adult victims of sexual assault and their families.
- Alameda County Family Justice Center – 510- 267-8800 – ACFJC provides crisis intervention, survivor support and advocacy, legal assistance, medical care and mental health counseling, employment assistance, information on community services, and law enforcement investigation/prosecution.
- California Coalition Against Sexual Assault (CALCASA)
- Asian Women’s Shelter – San Francisco – 415 751-0880
- A Safe Place – Oakland – 510 536-7233
- Ruby’s Place – Castro Valley – Hotline: (888) 339-7233
- Battered Women’s Alternative – Concord/Contra Costa County – 888-215-5555
- La Casa de las Madres – San Francisco – 877 503-1850
Domestic Violence Resources
- Center for Domestic Peace – Marin County –
- Family Violence Law Center – 510-208-0255 – Offers legal help, community and support, including Domestic Violence advocates at City of Berkeley and Oakland Police Departments.
- Communities United Against Violence – 415-333-4357 – 24-hr hotline for emotional support, safety planning, and service referrals.
- Gay Men’s Domestic Violence Project – Cambridge, Massachusetts
- National Resource Center on Domestic Violence – resource/information/library
- National Coalition Against Domestic Violence
- National Domestic Violence Hotline – 800-799-723