NON-DISCRIMINATION

16.1

The CSU prohibits discrimination on the basis of race, color, religion, national origin, ancestry, age, sex, sexual orientation, marital status, veteran status, physical disability, mental disability and medical condition. “Sex,” as used herein, is consistent with the definition provided in the Fair Employment and Housing Act. Currently, the definition of “sex” includes, but is not limited to: pregnancy, childbirth, medical conditions related to pregnancy or childbirth, a person’s gender identity and gender related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. “Veteran status,” as used herein, refers to the categories protected under the Vietnam Era Veterans’ Readjustment Assistance Act. “Disability” and “medical condition,” as used herein, are consistent with the definitions provided in the Americans with Disabilities Act and the Fair Employment and Housing Act.

16.2

An employee who alleges a violation of the CSU systemwide policy on non-discrimination, anti-harassment or non-retaliation shall use the Grievance Procedure under Article 10 of this Agreement to have his/her allegation investigated, except the Informal Procedure specified in Article 10 shall be replaced by the Informal Level procedure specified in Executive Order 675, or any superseding executive order, as applicable.

16.3

If an investigation was conducted in the Informal Level, the University’s response communicating the investigative finding to the grievant shall inform the grievant that he/she may file a formal written grievance under the Formal Procedure of this Article if he/she disagrees with the finding. The grievant shall have 14 calendar days after the filing of the response at the Informal Level to file a formal written grievance under Formal Procedure Step 1.

16.4

A grievant may, at any time, file a complaint regarding the same incident giving rise to his/her discrimination/harassment/retaliation grievance with the Equal Employment Opportunity Commission and/or the Department of Fair Employment and Housing.

Whistleblowing

16.5

An employee who wishes to file a disclosure of an improper governmental activity and/or a significant health or safety threat, shall file his/her complaint under the procedure described in Executive Order 821, or in any superseding executive order, if applicable.

16.6

An employee who alleges that he/she suffered retaliation for making a protected disclosure of an improper governmental activity and/or a significant health or safety threat, shall file his/her complaint under the procedure described in Executive Order 822, or in any superseding executive order, if applicable.