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A. Discrimination

Discrimination is different treatment with respect to a person’s employment or participation in an Education Program or Activity based, in whole or in part, upon the person’s actual or perceived Protected Characteristic(s). Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take two primary forms:

  1. Disparate Treatment Discrimination:

    Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived Protected Characteristic and that:
    1. Excludes a person from participation in;
    2. Denies the person benefits of; or
    3. Otherwise adversely affects a term or condition of a person’s participation in a University program or activity.
  2. Disparate Impact Discrimination:
    Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
    1. Excludes a person from participation in;
    2. Denies the person benefits of; or
    3. Otherwise adversely affects a term or condition of a person’s participation in a University program or activity.