The Policy applies to all students, faculty, and staff, as well as third parties (including but not limited to guests and consultants), whose conduct is directed toward University students, faculty, staff members or other third parties while on campus or participating in Yale’s programs or activities.
In accordance with the Equal Employment Opportunity Commission (EEOC), “protected class refers to groups of people who are legally protected from being harmed or harassed by laws, practices, and policies that discriminate against them due to a shared characteristic.”
Yale’s Policy prohibits discrimination based on sex; sexual orientation; gender identity or expression; pregnancy, childbirth or related conditions; race; color; national or ethnic origin; religion; age; disability; protected veteran status, and membership in any other protected classes as set forth in Connecticut and federal law.
Discrimination means treating an individual or group adversely based on their actual or perceived protected class status or characteristic.
Allegations of discrimination are evaluated on a case-by-case basis, considering all relevant factors, and could include (but are not limited to) differential negative treatment, failure to hire, failure to promote, termination, or less favorable working hours, grades or schedule because of someone’s protected characteristic rather than a legitimate non-discriminatory reason.
Discrimination also includes the failure to provide a reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, as well as failure to provide a reasonable accommodation for limitations based on pregnancy, childbirth or another related medical condition.
Discrimination also includes failure to provide a reasonable accommodation for an employee’s religious beliefs or practices.
Discrimination and Harassment have important distinctions. Here are some illustrations of those differences.
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Discrimination: Subjecting someone to negative consequences because of a protected characteristic (like race, sex, age, and other protected characteristics noted above).
Examples: Getting demoted because of your race. Receiving a lower grade because of your sex.
- Discriminatory Harassment:
- Hostile Environment: Creating a hostile environment by subjecting someone to conduct that the individual and an objective party would find severe or pervasive, and that denies the individual the ability to work or learn. The behavior must be based on a protected characteristic.
Example: Constantly being ridiculed or mistreated by your coworkers because of your religion, making it difficult to work.
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Quid Pro Quo Harassment: Using power (like a manager over a staff member or professor over a student) to demand sexual favors in exchange for benefits (like a promotion or good grades). It’s Latin for “this for that.”
Example: Your professor suggests that you’ll get an “A” only if you go on a date with them
Allegations of hostile environment harassment are evaluated on a case-by-case basis considering all relevant factors and could include (but are not limited to) verbal, physical, electronic, or other conduct based upon an individual’s protected characteristics. This can include inappropriate jokes or derogatory comments using inflammatory and degrading language based on protected characteristics that interfere with an individual’s work or academic environment. Note that a single such comment would not likely create a hostile environment.
For more generalized concerns around climate or culture that are unrelated to protected class identities, Yale has a variety of resources depending on the situation and your role at the university. A few good places to begin may include your residential college dean (Yale College students); your dean of student affairs (graduate and professional students); your chair and/or dean (faculty); or your supervisor/manager and/or human resources business partner (staff).
Sex refers to an individual’s biological attributes, like chromosomes and reproductive organs.
Gender identity or expression refers to an individual’s self-representation, regardless of whether that presentation is different from their sex.
Sexual orientation refers to the gender or genders that a person is romantically, emotionally or sexually attracted to (or not attracted to), or individuals that a person is perceived or believed to be attracted to.
Discrimination against an individual because of their sex, gender identity or expression, or sexual orientation is prohibited under the Policy.
Concerns about discrimination based on pregnancy, childbirth or related conditions are evaluated by asking whether the person requested an accommodation, whether the request was ignored or denied without good reason, and whether the accommodation would have caused an undue hardship. The review may also include looking at whether others in a similar situation were treated more favorably, which may indicate differential treatment.
Race discrimination involves treating someone unfavorably due to their actual or perceived racial or associated characteristics, or due to stereotypes and assumptions about their race. Color discrimination involves treating someone unfavorably based on skin color complexion.
The university has not adopted any single definition of racism. The Office of Institutional Equity and Accessibility (OIEA) considers all applicable state and federal law and guidance when evaluating a claim of race or color discrimination or harassment.
National and ethnic origin discrimination involve treating people unfavorably based on country of origin, ethnicity, accent, or perceived ethnic background.
Shared ancestry includes an individual’s actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity. An individual’s ancestry includes their descent from identifiable groups associated with a country, nation, or tribe, for example, along with shared physical, cultural, or linguistic characteristics.
Ethnicity refers to shared attributes distinguishing a group, such as traditions, ancestry, language, history, culture, religion, or social treatment within their residing area.
Discrimination based on shared ancestry or ethnic characteristics includes racial, ethnic, or ancestral slurs or stereotypes, as well as discrimination based on skin color, physical features, style of dress reflecting ethnic and religious traditions, place of origin, foreign accent, foreign name, or speaking a foreign language.
The university has not adopted any single definition of Antisemitism. In addition to all applicable state and federal legal and regulatory guidance, the Office of Institutional Equity and Accessibility (OIEA) considers the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, the Jerusalem Declaration, and the Nexus Document when evaluating a claim of Antisemitism.
The university has not adopted any single definition of Islamophobia. In addition to all applicable state and federal legal and regulatory guidance, the Office of Institutional Equity and Accessibility (OIEA) considers the Council on American-Islam Relations (CAIR) and All Party Parliamentary Group on British Muslims (APPG) definitions when evaluating a claim of Islamophobia.
Some concerns related to Islamophobia also may implicate anti-Arab racism. Such claims would be evaluated consistent with national/ethnic origin discrimination and the analytical framework surrounding claims of race discrimination, as applicable.
According to the Department of Education’s Office for Civil Rights, expressing such views is Constitutionally protected speech under the First Amendment and would not violate Title VI, unless it is “targeted at or infused with discriminatory comments about persons from or associated with a particular country.”
U.S. Department of Education, Office for Civil Rights. (2024, May 6). Dear Colleague Letter: Race and national origin discrimination based on shared ancestry or ethnic characteristics.
Religious discrimination involves treating someone unfavorably due to their beliefs or association with a specific religion.
Religious discrimination may also occur when a person is denied a reasonable accommodation for their sincerely held religious belief or practices – such as flexible scheduling for prayer or observance of religious holidays – without a valid reason, unless it would cause a substantial burden.
Another helpful Yale resource related to religion are Yale’s Religious Accommodation Guidelines.
Age refers to how old a person is, or the number of years from the date of a person’s birth.
In accordance with relevant state and federal law, age discrimination involves unfavorable treatment because of one’s age.
Consistent with the Americans with Disabilities Act (ADA), a person is considered disabled if they have: (i) a physical or mental condition substantially limiting major life activities or bodily functions; (ii) a history of disability; or (iii) experienced adverse employment actions due to actual or perceived impairments, except if transitory and minor.
Disability discrimination encompasses unfavorable treatment based on disability, perceived disability, association with a disabled person, or record of disability. This includes denying equal educational opportunities. Under Section 504 of the Rehabilitation Act of 1973, schools must avoid unjustified discriminatory effects on students due to disability.
Disability discrimination can occur when a reasonable accommodation is denied, ignored or not implemented – unless providing it would cause undue hardship, fundamentally change a program, or remove essential job duties. Failing to engage in the interactive process may also be discriminatory.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits civilian employers from discriminating based on present, past, or future military service. It ensures prompt reemployment for service members, including National Guard members and reservists, after completing covered military duty.
The Vietnam Era Veteran’s Readjustment Assistance Act of 1974 (VEVRAA) bars federal contractors and subcontractors from discriminating against protected veterans and those associated with them.
Protected veteran status applies to individuals honorably discharged from activity duty, including disabled veterans, recently separated veterans, active-duty wartime or campaign badge veterans, and Armed Forces service medal veterans.
Retaliation means any adverse action taken against a person who has reported a concern, filed a complaint, and/or participated in an investigation pursuant to this policy. Protected activity also may include expressing an intent to make a complaint about discrimination or harassment as defined in the policy, intervening to protect others from discrimination or harassment, opposing practices that may violate the policy, raising concerns about potentially discriminatory pay practices, or requesting accommodations for disability, religious beliefs, or conditions related to pregnancy or childbirth.
Retaliation includes conduct that would discourage a reasonable person from engaging in activity protected under the policy.
Retaliation may be present even when there is a finding of “no responsibility” on the underlying allegations of Discrimination or Harassment.
Retaliation does not mean good faith actions lawfully pursued in response to a report of Discrimination or Harassment.
In determining whether an act constitutes Retaliation, the context of the act will be considered, including the individual’s exercise of free expression in accordance with Yale’s free expression policies.
At Yale, as articulated in the 1974 Report of the Committee on Freedom of Expression at Yale (“Woodward Report”), the free exchange of ideas is fundamental to the vibrant intellectual life of our community and foundational to deep academic inquiry. However, the Policy prohibits speech that meets the definition of harassment or discrimination, including threats of violence, or, under certain circumstances, threats that constitute intimidation or coercion.
More detailed information is contained on Yale’s online guidance regarding Free Expression and Peaceable Expression.
Staff and faculty are required to report incidents that would constitute sexual misconduct involving students to the Title IX Office.
Supervisors are required to report sexual misconduct involving students, trainees, staff, or faculty to the Title IX Office, and Discrimination, Harassment, and related Retaliation involving students, trainees, staff, or faculty to the Office of Institutional Equity and Accessibility.
Some Yale staff are exempt from these responsibilitiesrequirements, including counselors in SHARE and Yale Mental Health and Counseling, YC3 and University Chaplains.
These obligations to report incidents are triggered once the faculty or staff member is made aware of the allegation, regardless of whether the allegation comes from a directly impacted individual. The individual with the reporting obligation should not take any steps to investigate or otherwise verify an allegation before reporting the incident to the Title IX Office or the Office of Institutional Equity and Accessibility.
For purposes of reporting requirements, a supervisor is an individual who either directly oversees the work of others or holds a leadership role, such as director, department head, or unit head, with responsibility for guiding staff, faculty, trainees, programs, or operations within a department, school, or office. Students and bargaining unit members are not considered supervisors.
- Example 1: Postdoctoral Researcher in a Lab (Supervisor)
Dr. Alex Martinez, a postdoctoral researcher in the Chemistry Lab, supervises graduate students and lab technicians, directing experiments and ensuring safety protocols are followed.
- Example 2: Student Worker (Not a Supervisor)
Jane Kim, a student serving for several years as a student worker in an academic department, supports the department in various ways and advises newer student workers about how to perform their job duties. As a student, she is not considered a supervisor, even if she oversees aspects of other students’ work.
- Example 3: Principal Investigator in a Lab (Supervisor)
Dr. Emily Rivera, Principal Investigator in the Neuroscience Lab, supervises a team of postdoctoral researchers, graduate students, and lab technicians, leading research projects and securing funding.
- Example 4: Staff Member in Hospitality (Not a Supervisor)
David Smith, a staff member in the University’s Hospitality Services, manages event setups and catering logistics. While he plays a crucial role in service delivery, he does not oversee other employees or hold a supervisory position. Note that while this staff member would not have reporting requirements as a supervisor, he would have a reporting requirement with regard to sexual misconduct concerns involving students.
Staff from the Title IX Office or the Office of Institutional Equity and Accessibility will review the concern and take steps to provide support for the individual(s) impacted by the alleged behavior and make the impacted individual(s) aware of their options. Title IX and the Office of Institutional Equity and Accessibility will not require the impacted individual(s) to move forward with a complaint or other process, however steps may be taken to further review the concern and, if applicable, remedy a hostile environment and prevent its recurrence.
Reporting Requirements are found here.
Yes! The Title IX Office and the Office of Institutional Equity and Accessibility have prepared an online training for the university community. All members of the community are required to complete this training, which is available online.
In addition, staff from these offices offer a variety of workshops and other learning opportunities, or can assist you with identifying external experts to provide further training and education around these important topics. Please get in touch to request a workshop, training, or further conversation: Website Link