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Faculty Rights Tip of the Week
What to Do When You Want to Report Discrimination, Harassment, or Retaliation

Article 16 of the Collective Bargaining Agreement (CBA), the “Non-Discrimination” article, “prohibits discrimination against faculty unit employees on the basis of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, gender expression, genetic information, marital status, pregnancy, age, disability, medical condition, or veteran status.”

Making the decision to allege discrimination can be stressful and can stimulate faculty members’ fears of further discrimination and retaliation. The CBA also protects faculty against retaliation for defending our right to enjoy our contractually protected working conditions. Article 10.33 (Grievances) states that “No reprisals shall be taken against any employee for the filing and processing of any grievances.” CFA will vigilantly monitor and contest retaliation against faculty who file Article 16 (or any) grievances, as affirmed in 10.33.

Another anti-discrimination tool is the CSU’s Executive Order 1096—“Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties and Systemwide 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. When faculty allege discrimination, they should file a grievance.

Unlike other CSU employees, employees represented by the CFA/CSU Collective Bargaining Agreement do not use the complaint form contained in Executive Order 1096 when they wish to make complaints. By filing a grievance, faculty begin the process in EO 1096. The University may place the grievance in abeyance while conducting an investigation. Faculty may also 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 recommend that faculty file complaints with DFEH if they are facing discrimination, harassment, and/or retaliation in the workplace. 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.

CFA continues to center anti-racism and social justice (ARSJ) in all the work that we do as a labor union. See our ARSJ Guiding Principles here. We continue to offer trainings and workshops in Unconscious Bias and in Interrupting Racism. Contact your CFA chapter leaders to learn more, or to request a workshop for faculty on your campus.

Want to learn more? Become active with your local CFA chapter Faculty Rights team. Find your representative here.                                               

 

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