PADHR Policies

Policy 

PADH Policy

You can access HRM-009: Preventing and Addressing Discrimination and Harassment here.

Discrimination Defined

• Discrimination happens when a person or a group of people is treated unfairly or unequally because of a protected characteristic or status.
• Under the University's Preventing and Addressing Discrimination and Harassment (PADH) Policy, discrimination is defined as "inequitable treatment by the University of a person based on one or more of that person's protected characteristics or statuses, excepting any treatment permitted or required by law."
  • A protected characteristic or status includes the following: Age, color, disability, family medical or genetic information, gender identity or expression, marital status, military status (which includes active duty service members, reserve service members, and dependents), national or ethnic origin, political affiliation, pregnancy, race, religion, sex, sexual orientation, and veteran status.
• If you feel as though you have been treated unfairly because of who you are or how you have been perceived, the PADH Policy may be implicated. 

Harassment Defined

• Under the University's Preventing and Addressing Discrimination and Harassment (PADH) Policy, harassment is defined as "unwelcome conduct directed against a person based on one or more of that person's protected characteristics or statuses, which conduct is so severe or pervasive that it interferes with an individual's employment, academic performance or participation in University programs or activities, and creates a working, learning, program, or activity environment that a reasonable person would find intimidating, hostile, or offensive."
• The unwelcome conduct described in the PADH Policy must be based on a protected characteristic or status (i.e., age, disability, national or ethnic origin, etc.).
• For information about the difference between bullying and harassment in the workplace, please visit the Respect@UVA program website.

What are the protected characteristics/statuses?

• A protected characteristic — also referred to as a protected class — is a personal trait that cannot be used as a reason to discriminate against someone or harass someone. The following is a list of the protected characteristics and statuses enumerated in the PADH Policy:
  • Age
  • Color
  • Disability
  • Family medical or genetic information
  • Gender identity or expression
  • Marital status
  • Military status (which includes active duty service members)
  • National or ethnic origin
  • Political affiliation
  • Pregnancy
  • Race
  • Religion
  • Sex
  • Sexual orientation
  • Veteran status
• Discriminatory or harassing behavior that does not implicate one or more of the protected statuses listed above does not constitute prohibited conduct under the PADH Policy, but may constitute the need for involvement of other University departments, such as HR, Employee Relations, or the Ombuds program. Please see the resources page for more details.

Types of harassment that ARE NOT covered by the PADH policy:

Sexual harassment and harassment based on gender identity or expression, pregnancy, sexual orientation, and sex are covered by HRM-041: Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence ("Sexual Misconduct Policy"). This policy is enforced by EOCR's Title IX/Sexual Misconduct team. For more information about these forms of prohibited harassment, please visit the Sexual Misconduct & Title IX page.

Examples

Below are a few examples of potential discrimination and harassment:

• Denied ability to participate in a UVA program because of sexual orientation
• Denied an academic accommodation to take an exam on a different day due to religious observance
• Experienced frequent jokes from roommates about a student's national origin that make the student uncomfortable
• Not hired because the hiring manager dislikes veterans

General Policy 

PAR Policy

You can access HRM-010: Preventing and Addressing Retaliation here.

Retaliation Defined

Retaliation is adverse or negative action taken against an individual for one of three reasons:

1. Making a good faith complaint under either the PADH or PAR Policy;
2. Assisting or participating in EOCR's complaint resolution process; OR
3. Requesting an accommodation for a disability, pregnancy, or religion.

Examples

Below are a few examples of potential retaliation:

• Demoted because employee reported harassment based on age to their human resources who contacted their manager about the complaint
• Fired because of participation in EOCR's investigative process as a witness
• Suspended because employee complained to their manager that the manager was refusing to promote certain employees based on gender

What if I am not sure whether what I experienced was discrimination, harassment, or retaliation?

You can find information about UVA's Preventing and Addressing Discrimination and Harassment Policy and Preventing and Addressing Retaliation Policy on this page.

EOCR also welcomes the opportunity to speak with you if you have questions. You may contact the Senior Compliance Director for Equal Opportunity and Civil Rights at [email protected] or (434) 924-3200.

Does the Preventing and Addressing Discrimination and Harassment Policy cover sexual and gender-based harassment?

No. Sexual harassment and harassment based on gender identity, gender expression, pregnancy, and sexual orientation is covered by another UVA policy, the Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence. EOCR's Title IX and Sexual Misconduct team is responsible for enforcing the Sexual Misconduct Policy. For more information, please visit the Title IX page.

 

I am being bullied in the workplace but I do not think it is because of a protected characteristic or status. What can I do?

 

In order for bullying to be considered potential harassment under the PADH Policy, the unwelcome conduct has to be connected to a protected characteristic/status. If you believe you are experiencing disrespectful or bullying workplace conduct that is not connected to a protected characteristic or status, you may file a complaint with the Respect@UVA program. For more information, please visit the Respect@UVA program website. 

 

I feel like I am experiencing retaliation. When does the PAR Policy apply?

 

The PAR Policy prohibits negative or adverse action being taken against someone if they engaged in one of the following activities:

• They complained in good faith about discrimination, harassment, or retaliation;
• They assisted or participated in the process to resolve that type of complaint (e.g., an investigative witness); or
• They requested an accommodation for disability, pregnancy, or religion.

If you did not engage in one of these activities, the PAR Policy will not apply but there could be other resources available to assist you, such as the UVA Ombuds or Employee Relations.