- Title IX of the 1972 federal Education Amendments (prohibits sex-based discrimination in programs or activities of federally funded educational institutions);
- Title IV of the 1964 federal Civil Rights Act (prohibits sex-based discrimination in public colleges);
- Title VII of the 1964 federal Civil Rights Act (prohibits sex-based employment discrimination)
- State of Georgia’s Fair Employment Practices Act (FEPA) (prohibits sex-based discrimination against State employees)
Sex discrimination in education and employment at the University of Georgia, including sexual harassmentand pregnancy-related harassment, is also prohibited by the University’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) and by the University System of Georgia Board of Regents' Sexual Misconduct Policy. See also:
- UGA Policy Memorandum: Sex Discrimination
- UGA Policy Memorandum: Notice of Non-Discrimination under Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.
Sex discrimination refers to, without limitation: (1) using sex as a selection criterion in education or employment; (2) making decisions in the educational or employment context based on sex; or (3) subjecting an individual to different, disparate treatment compared to others who are similarly situated based on the individual’s sex.
Employment and educational selection criteria and decision-making must be job or program-related, and sex-neutral. Making assumptions that men or women are better or worse suited for a particular kind of job or program is prohibited. “Glass ceilings” are also prohibited, referring to women being either directly or indirectly discouraged from and/or rejected for promotions or other advancement.
Employment decisions that cannot be based on sex include, without limitation, decisions relating to: recruitment, hiring, compensation and benefits, job assignments, training, promotions, leave, discipline and termination.
Educational decisions that cannot be based on sex include, without limitation, decisions relating to: admission, financial aid, academic advising and instruction, class assignments, evaluation and grading, discipline, housing, athletics, health and counseling services, recreational/residential/extracurricular services or programs, and participation and status in any University program or activity, whether on or off campus.
In addition to sex-based discrimination, various federal and state laws, and the University of Georgia’s NDAH Policy also prohibit sex-based harassment in the educational or employment context. As defined by the NDAH Policy, such harassment consists of unwelcome verbal or physical conduct based on sex when the conduct is sufficiently severe, persistent or pervasive to:
- Unreasonably interfere with the individual’s work or educational performance;
- Create an intimidating, hostile, or offensive working or learning environment; or
- Unreasonably interfere with or limits one’s ability to participate in or benefit from an institutional program or activity.
Both men and women are protected from sex discrimination and sex-based harassment.
Prohibited sex-based discrimination and harassment includes, without limitation, discrimination or harassment based on gender, gender identity, pregnancy or childbirth.
In addition to sex-based discrimination and harassment, various federal and state laws, the University System of Georgia Board of Regents' Sexual Misconduct Policy, and the University of Georgia’s NDAH Policy also prohibit sexual harassment in the educational or employment context.
If you have knowledge of or believe you have experienced sex discrimination or sex-based harassment, including if related to gender, gender identity, pregnancy or childbirth, please contact the Equal Opportunity Office at (706) 542-7912 or firstname.lastname@example.org.
UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment based on sex. Failure to make a report is a separate violation of the NDAH Policy.