UA updates its policy on nondiscrimination

The University of Arkansas at Fayetteville on Wednesday released an updated nondiscrimination policy for students, and faculty and staff members.

The policy change comes after an executive order signed in July by President Barack Obama outlawing federal contractors from discriminating on the basis of sexual orientation or gender identity.

In reaction to the order, the University of Arkansas System sent an email to all UA campuses. The email stated that if a campus has executed a federal contract valued at more than $10,000, "you are advised to amend your campus's 'Equal Opportunity' and 'Nondiscrimination' policies to include 'gender identity' and 'sexual orientation.'"

Charlie Alison, a UA spokesman, said the university has long had a nondiscrimination policy. It previously was posted on the website of the university's Office of Equal Opportunity and Compliance. It's now been included with campuswide policies for "more visibility and accessibility," Alison wrote in an email, describing how the policy has been updated regularly to reflect changes in federal law.

"Most recently, the presidential order in July caused us to add 'gender identity,'" Alison wrote. The policy had already prohibited discrimination on the basis of sexual orientation, he wrote. Unlike some states, Arkansas does not have a law prohibiting discrimination on the basis of sexual orientation.

The national advocacy organization Campus Pride tracks "gender identity" language in university nondiscrimination policies.

The language "specifically caters to the transgender community," said Rebby Kern, Campus Pride's media, communications and programs manager. She explained that the language choice of "gender identity" is in contrast to "where we've seen 'sex' for so long indicate the biological identity of the person."

The word choice can allow people "to sort of comprehend and understand that gender is an identity," Kern said.

Before the presidential executive order, the University of Missouri System in June adopted gender identity and gender expression in language used for its nondiscrimination policy. Campus Pride states on its website that more than 700 colleges and universities have also done so.

Having such a policy is important for students who may feel they're not being treated properly, Kern said. She gave as an example a teacher using inappropriate gender pronouns when addressing a transgender student.

"Students want to feel comfortable on campus, and when they're not feeling comfortable, they need to know they have somewhere to turn to express that," Kern said.

UA's updated policy mostly lists protections in place under federal laws prohibiting discrimination on the basis of race, religion, sex, national origin, pregnancy, age, disability status, or genetic information.

Among other protections, the UA policy also states that discrimination is prohibited against veterans, or on the basis of marital or parental status.

The policy states in part: "The university should be a place of work and study for students, faculty, and staff, that is free of all forms of discrimination, sexual intimidation and exploitation. Therefore, the University of Arkansas is committed to providing equal opportunity for all students and applicants for admission and for all employees and applicants for employment regardless of race, age, gender, sex (including pregnancy), religion, national origin, marital or parental status, disability, veteran status, sexual orientation, gender identity or any other characteristic protected under applicable federal or state law."

The policy goes on to note that the policy "will be followed in all employment and academic decisions, including, but not limited to recruiting, hiring, determination of pay, promotions, University-sponsored training programs, transfers, layoffs, returns from layoff, demotions, terminations, social and recreational programs, use of University facilities, fringe benefits, and treatment as individuals."

Other UA campuses have had nondiscrimination policies with varying language. UA System spokesman Nate Hinkel said it's now expected that every campus's policy will include the "gender identity" and "sexual orientation" language.

Metro on 08/14/2014

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