Faculty Rights Tip: What to Do When You Want to Report Discrimination, Harassment, or Retaliation
Sexual harassment is a continuing concern among faculty, staff, and students across the CSU.
At the bargaining table which led to our 2022-2024 Collective Bargaining Agreement (CBA), CFA proposed that the CSU move toward restorative justice and accountability models with regard to discrimination, harassment, and bullying in the workplace and that they appoint ombudspersons with such training at each campus.
Our advocacy for these remedies continues, even though we did win a key improvement to Article 16, after defeating the CSU’s proposal to eliminate Article 16 protections altogether.
Article 16 of the CBA, the “Non-Discrimination” article states: “The CSU prohibits discrimination on the basis of Age, Ancestry, Caste, Color, Disability, Ethnicity, Gender, Gender Expression, Gender Identity, Genetic Information, Marital Status, Medical Condition, Military Status, Nationality, Race, Religion, Religious Creed, Sex, Sexual Orientation, Sex Stereotype, and Veteran Status.”
Under our newest CBA, Article 16 now explicitly protects faculty from discrimination due to caste, as well.
Additionally, the CSU’s — Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy) further protects faculty from acts and conduct that violate civil rights guaranteed by various laws. This comprehensive policy replaces Executive Orders 1095, 1096, and 1097.
Unlike other CSU employees, employees represented by the CFA/CSU Collective Bargaining Agreement do not use the complaint process set out in Executive Order 1096 when they wish to make complaints. Instead, faculty may file grievances and/or complain to California’s Department of Fair Housing and Discrimination (DFEH) and/or the Equal Employment Opportunity Commission (EEOC).
If you or someone you know wishes to file a grievance about discrimination and related violations of the Collective Bargaining Agreement, policies, and laws, contact CFA for advice and assistance.
Click here to find faculty rights advocates on your campus.
We always recommend that faculty file complaints with DFEH if they are facing discrimination, harassment, and/or retaliation. DFEH is uniquely equipped to investigate and advocate for California workers, has a broader field of protection than the federal agency, and will cross-file with the EEOC when appropriate. Please note that DFEH has a more generous three-year statute of limitations and the EEOC has a 180-day limit.
CFA continues to embrace principles and practices of anti-racism and social justice transformation within our union. Our anti-racism and social justice principles are intersectional, and CFA is committed to protecting faculty from sexual harassment, gender-based discrimination, anti-LGBTQ+ discrimination, and bullying at work as well. As we continue to seek accountability when managers abuse – or excuse and ignore the abuse of – members of our CSU community, faculty can count on their CFA reps and faculty rights advocates to point them toward the best path for their particular case.
Want to find out if your CFA chapter has an active Womxn’s Caucus? Become active with your local CFA chapter and find out! Contact your CFA chapter leaders to learn more about discussions that are happening within your campus chapter about challenging sexual harassment, gender-based abuse, and bullying where you work.
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