Purpose: To establish uniform guidelines in order to promote a work environment at Businesses of Reconnaissance Brothers Foundation that is free of discrimination and harassment, and to affirm the Foundation's commitment to equal opportunity and affirmative action.
Article 1 - Policy Statement
Article 2 - Defining and Recognizing Discrimination
Article 3 - Processing & Procedures
Article 4 - Rights & Responsonsibilites
Article 5 - Reporting Resources
Article 6 - Frequently Asked Questions
Equal Opportunity and Nondiscrimination at Businesses of Reconnaissance Brothers Foundation: BRB foundation is enriched by the many experiences and perspectives each individual member brings to our community. BRB Foundation does not discriminate in employment, programs or activities on the basis of race, color, national or ethnic origin, ancestry, age, religion, disability, sex or gender, sexual orientation, military or veteran status. Retaliation is also prohibited. BRB Foundation will comply with state and federal laws such as M.G.L. c. 151B, Title IX and its supporting regulations, Title VI and Title VII of the Civil Rights Act, the Americans with Disabilities Act, Section 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Vietnam Era Veterans Readjustment and Rights Act, Executive Order 11246 and other similar laws that prohibit discrimination, all as amended. BRB Foundation is an equal employment opportunity employer.
BRB Foundation is committed to the principle of equal opportunity in employment. BRB Foundation prohibits discrimination against and harassment of any employee, applicant for employment, third party or community member because of race; color; national or ethnic origin; age; religion; disability; sex; veteran status; retaliation; and any other characteristic protected under applicable federal or state law, herein called "protected categories". The Foundation expects all BRB Foundation employees, and community members to join with and uphold this commitment.
BRB Foundation also prohibits retaliation based on a protected activity, such as the filing of a complaint of discrimination or participation in the investigation of such a claim. Any witness, complainant or respondent involved in an investigation ought not to be retaliated against for their participation in the fact-finding process.
All BRB Foundation personel at the exempt level who are responsible for hiring, promoting, and managing employees and/or Foundation's programs are required to promptly escalate all potential violations of this policy to a manager or supervisor, or board member, or directly to the Office of Equal Opportunity (OEO).
BRB Foundation's OEO is also responsible for planning and implementing the Foundations's affirmative action program and monitoring affirmative action-related decisions and activities in accordance with state and federal law. BRB Foundation seeks to maintain an internal system of audit and reporting that shall facilitate the identification and removal of inequities and deficiencies in its employment and those policies and practices that could preclude the fair and equal treatment of minorities, women, individuals with disabilities, and all protected veterans.
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Unlawful discrimination occurs when a person is harassed or treated arbitrarily or differently because of the person's real or implied membership in a "protected category" such as race, national or ethnic origin; age; religion; disability; sex; veteran status; retaliation or any other characteristic protected under applicable federal or state law.
For the purposes of this policy, protected veteran status includes
(1) disabled veterans;
(2) recently separated veterans;
(3) active-duty wartime or campaign badge veterans; and
(4) Armed Forces service medal veterans. The classifications of protected veterans are defined as follows:
A "disabled veteran" means:
(1) a veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or
(2) a person who was discharged or released from active duty because of a service-connected disability.
A "recently separated veteran" means any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service.
An "active-duty wartime or campaign badge veteran" means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense.
An "Armed Forces service medal veteran" means any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209).
In the employment context, discrimination may begin with an adverse employment action, which is something an employer has done that is unfair to an employee (for example: terminating the employee or not selecting them for hire or a promotion, harassing the employee, denying the employee's request for a reasonable accommodation, etc.). If OEO determines, through fact-finding, that the employee or applicant's membership in a protected category was the reason for the adverse employment action, this may lead to a policy violation of the non-discrimination policy and/or any other policy herein. Personality differences or conflicts, general mistreatment not based on the above protected categories, or a response to poor performance are usually employee relations issues, not discrimination matters. To contact your Human Resource Officer (HRO) to discuss an employee relations matter. HRO can also help you determine what type of issue you may be experiencing and will refer you to the appropriate resources.
If you feel that you are being retaliated against for filing a complaint, participating in a complaint or speaking out against a potential discriminatory practice. Retaliation is prohibited by BRB Foundation policies and by state and federal anti-discrimination laws. Retaliation at BRB Foundation is also subject to disciplinary action up to and including termination from employment for employees from BRB Foundation.
A. OEO Complaint Procedures:
If you have questions about the Processes and Procedures after filing a complaint, or if a complaint has been filed against you, please contact the Executive Director and Title IX Coordinator of OEO.
If you are a employee please review the Foundations's Sexual Misconduct Adjudication Policy and Process.
If you are an employee or third party please review the Discrimination Complaint Resolution Guidelines.
Where complaints involve employees and/or third parties, the complaint process which applies to the respondent will normally control.
Note: Mediation will not be used as a means to address or resolve cases of sexual assault or other sex-based violence and those who have reported/experienced sexual harassment will not be required to resolve the matter directly with the respondent or to confront respondent(s). See the Discrimination Complaint Processing Guidelines.
As a member of the BRB Foundations community, you have the right to work and live in an environment free from discrimination and harassment. You have the right to equal opportunity and equal access to all BRB Foundationns programs and activities.
A. Duty to Report
Managers, supervisors, and other "responsible employees" of the BRB Foundations are required by law to promptly report allegations of sexual harassment and other forms of sexual misconduct that they observe or learn about to OEO or to another reporting officer. The Foundation defines "responsible employees" to include managers, supervisors and officials with significant responsibility.
Failure to report a known or suspected incident of discrimination or harassment to OEO may result in disciplinary action.
B. Duty to Cooperate
employees and staff must cooperate with Foundations investigations concerning allegations of discrimination or harassment. Refusal to cooperate with an investigation may result in disciplinary action.
C. Freedom from Retaliation
Any member of the Foundations community has the right to raise concerns or make a complaint regarding discrimination or harassment under this policy without fear of retaliation. It is a violation of Foundations policy to retaliate against an individual for filing a complaint of discrimination or harassment or for cooperating in an investigation of alleged discrimination or harassment. Any person at BRB Foundation found in violation of this policy is subject to disciplinary action up to and including termination of employment.
D. Confidentiality
The Foundation recognizes the importance of confidentiality and understands that some individuals filing complaints of harassment/discrimination or who are otherwise involved in an investigation may want their identity to remain anonymous and/or confidential. In all cases, issues of confidentiality must be balanced against the Foundation's need to investigate and take appropriate action. The University will respect the privacy and confidentiality of individuals involved in an investigation to the fullest extent possible. If you have concerns about this please call the Executive Director.
A. Where can I file a complaint if I am an employee?
1. The Office of Equal Opportunity (OEO) for BRB Foundation
BRB Foundation prohibits discrimination based on race; color; national or ethnic origin; age; religion; disability; sex; veteran status; retaliation; or any other characteristic protected under applicable state and federal law.
There is no statute of limitations to file a complaint in OEO. However, please understand that our response to a complaint may be more limited in scope as a result of the length of time between the alleged incident and the report of the incident.
A. Where can I file a complaint if I am a third party or community member?
BRB Foundation prohibits discrimination based on race; color; national or ethnic origin; age; religion; disability; sex; veteran status; genetics; retaliation; or any other characteristic protected under applicable state and federal law.
A. What is the goal of equal opportunity?
The goal of equal opportunity is to ensure equal access in all phases of the employment. Employment decisions are based solely on merit and qualifications related to the specific job. These employment decisions should not be made on the basis of someone's real or implied membership in a protected class. Equal opportunity is hiring the most qualified person for the job.
B. What is unlawful discrimination?
Unlawful discrimination is the unfair or unequal treatment of an individual or group based on certain characteristics that are specifically protected by law. Specifically, at BRB Foundation, discrimination is prohibited based on race; color; national or ethnic origin; age; religion; disability; sex; or any other characteristic protected under applicable federal or state law. In addition, BRB Foundation prohibits retaliation against a person or group for reporting about discrimination or for participating in the investigation of such a complaint.
C. What is affirmative action?
Affirmative action refers to programs that promote equal opportunity and the commitment to apply a good faith effort to eliminate the present effects of past discrimination or to prevent discrimination against minorities, women, individuals with disabilities, and all protected veterans. It is not a numerical quota system or program of preferential treatment.
BRB Foundation's Office of Equal Opportunity (OEO) is responsible for enforcing the Foundation's non-discrimination policy.