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Equal Opportunity Office

Discrimination Complaints

What Types of Complaints Are Handled By The EOO?

The EOO handles discrimination complaints brought forward by employees, students, residents and applicants.

What is Discrimination?

The most common form of discrimination exists when a factor that is identified by law as a protected class (e.g., national origin, sex, age, veteran status or disability) is the only reason for an academic or employment decision that is identified by law as a protected issue (e.g., terms and conditions of employment, access to educational programs, or residency and academic decisions).

But this is a highly simplified definition. There are actually four types of discrimination:

  • Disparate Treatment: This type of discrimination can occur in two ways:
    1. Similarly situated individuals are treated differently in the context of a similar situation based solely on their protected class.
    2. Individuals are subjected to harassing behavior based on their protected class which is severe or pervasive enough to have a negative impact on their ability to work or learn or to create a hostile environment.
  • Adverse Impact: This occurs when a neutral practice or policy is applied consistently, but has the effect of disproportionately excluding or negatively impacting a group sharing the same protected class and it cannot be justified by business necessity.
  • Failure to Provide Reasonable Accommodation: This occurs when an employer or educational institution fails to make reasonable accommodation for known disabilities or religious requirements of qualified applicants, employees, residents or students.
  • Retaliation: This occurs when adverse action is taken against individuals because they file discrimination complaints, oppose discriminatory practices or participate in investigations of discrimination complaints.

Remember, not all forms of discrimination or unfair treatment are illegal. Federal and state anti discrimination laws and the University's Equal Opportunity/Nondiscrimination Policy require that employment and academic decisions are based on relevant and meaningful factors such as job-related qualifications, merit, grade point average or performance.

What Happens If You Bring a Complaint To The EOO?

We know that when you have a concern, you may be frustrated and angry. It may help you to know how we determine if we are the right resource to assist you. The following scenarios describe the types of issues the EOO handles and lists some of the questions that you will be asked.

Issue: Disparate Treatment

Examples:

A supervisor has 10 employees (5 men and 5 women) who have the same job titles and same work responsibilities. He refuses to let the female employees bid on overtime assignments because he thinks they should be home at 5 p.m. to get dinner ready.

OR

An admissions committee rejects all applicants from Vietnam, regardless of their qualifications.

Questions:

If you were terminated from employment or an educational program, disciplined, demoted, denied tenure, or other terms and conditions of your employment or academic standing and your progress was negatively impacted...

  • What adverse action was taken against you, why and by whom? (if available, provide documentation)
  • What adverse action was taken against you, why and by whom? (if available, provide documentation)
  • Why do you believe this action was discriminatory? (for example, who has done the same thing as you, but was treated more favorably?)
  • If you were discharged or disciplined, provide a copy of any written notices you received.

If you were not hired/promoted or admitted/accepted into an educational program...

  • What position or program did you apply for and when did you apply?
  • Were you given an interview? If so, when and by whom?
  • As best you can, describe the job duties and required education and/or work experience or admissions/program requirements for the position or program to which you applied.
  • Explain why you believe you are qualified for the position or program.
  • What reasons were given to you for not being hired/promoted or admitted/accepted? (if available, provide documents)
  • Why do you believe your failure to be hired/promoted or admitted/accepted was discriminatory?

Issue: Failure to Provide a Reasonable Accommodation

Examples:

A department chair interviews a fully qualified applicant for a faculty position. The applicant, who uses a wheelchair, requests that the podium in each of the 3 lecture rooms be either moved or lowered. The department chair rejects the applicant simply because she doesn't want to bother with those arrangements.

OR

An employee's request that she not be required to work past 5 p.m. on the day before an annual religious holiday was rejected by the program director without consulting with EOO or legal counsel regarding the reasonableness of the request.

Questions:

If you were not provided an accommodation for a disability or religious beliefs...

  • Did you request an accommodation?
  • If so, what is your disability or religious requirement?
  • What accommodation was requested, when did you make the request, and to whom did you make the request?
  • If your request was denied, who denied it, when and what reason was given for the denial. (if available, provide documentation)

Issue: Retaliation

Examples:

An employee is terminated for poor performance shortly after filing a discrimination complaint against her supervisor. All prior evaluations have been satisfactory.

OR

A professor fails a student in her class only because the student provided testimony about a sexual harassment complaint against the department chair.

Questions:

If you were subjected to adverse action for taking part in a protected behavior...

  • What did you do that you feel is protected from retaliation? When did you do it?
  • Describe how the work environment and/or your treatment changed after your protected activity.
  • Identify each retaliatory act taken against you, the date(s) they occurred and who the retaliator was.
  • What reason(s) were you given for adverse action(s) taken against you?
  • Did the retaliator know about your protected activity?

If you think you may have been discriminated against, contact the EOO. Whether or not the EOO can be of assistance to you will be decided as a result of determining the following information:

  • First, we determine if we have jurisdiction over you. Our policies cover current students, residents, and employees, applicants for admissions or employment, and members of the general public who wish to access University programs, activities or services.
  • Secondly, we will determine if we have jurisdiction over the person you are accusing. Our policies cover current employees and residents and companies contracted to perform services for the University. Complaints about students are handled through the Department of Student Services.
  • Thirdly, we will ask you to identify what protected class(es) is/are the basis for the alleged discrimination and explain how you've been adversely treated.
  • Finally, we will ask you to explain why you believe your protected class was the reason for the adverse treatment. Reasons may include knowledge that similarly situated individuals of a different protected class were treated more favorably, actual discriminatory statements, and prohibited pre-employment/pre-admission inquiries.

Other Resources

If your issue does not involve discrimination, it may fall into one of the following categories:

  • interpersonal conflict
  • grading and performance evaluation disputes
  • unprofessional or unethical conduct, conflicts of interest
  • employment or academic appeals and grievances
  • harassment which is not based on a protected class
  • scientific or research misconduct

The University provides other avenues for handling these types of issues. If you bring your concern to the EOO, you will be referred to the appropriate office. The following resources can also provide information about additional complaint procedures at the University:

Students

Dorothy Knoll, Ph.D., Dean of Students, Student Services, KUMC campus
Garold Minns, M.D., Associate Dean for Student and Academic Affairs, Student & Academic Affairs, Wichita campus
Mark Meyer, M.D., Associate Dean for Student Affairs, SOM Student Affairs, KUMC campus
Rita Clifford, R.N., Ph.D., Associate Dean & Director of Student Affairs, SON Student Affairs, KUMC campus
Lou Loescher-Junge, Assistant Dean for Administration, SOAH and SON Dean's Office, KUMC campus
Joe Bast, Ph.D., Associate Dean for Graduate Studies, Graduate Studies Office, KUMC campus

Residents

Graduate Medical Education Office, KUMC campus
Terry Tsue, Associate Dean
Lori Roop, Assistant Dean
Penny Vogelsang, Director, Graduate Medical Education Office, Wichita Campus

Faculty

Allan Rawitch, Ph.D., Vice Chancellor for Academic Affairs & Dean of Graduate Studies, Office of Academic Affairs, KUMC campus

Research Misconduct

The University has a Discrimination Complaint Procedure which fully describes the process that will be used if you file a discrimination complaint with the EOO. Please contact the EOO if you have questions regarding this procedure.