Sexual harassment is once again in the news and is being discussed among faculty, staff, and students across the CSU. At the bargaining table, 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 hire ombudspersons with such training at each campus. Our advocacy for these remedies continues, even after 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 Collective Bargaining Agreement (CBA), the “Non-Discrimination” article, “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.”
Additionally, the CSU’s Executive Order 1096 — “System wide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties and System wide Procedure for Addressing Such Complaints by Employees and Third Parties”—further protects faculty from acts and conduct that violate civil rights guaranteed by various laws.
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.
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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 3 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 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 Women’s Caucus (called “Women and Gender Nonconforming Caucus” on some campuses)? 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.