Faculty Rights Tip: What to do when you want to report discrimination, harassment, or retaliation

Article 16 of the Collective Bargaining Agreement, 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.”

Additionally, 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.

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, they 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 fields of protection than the federal agency, and will cross file with the EEOC when appropriate.

Finally, remember that CFA is embarking on an anti-racism and social justice transformation this year. To that end, we will be holding meetings to talk to faculty and will continue to offer trainings and workshops on Unconscious Bias. Contact your CFA chapter leaders to learn more.

See previous Faculty Rights Tips on a range of topics in our contract. 

If you have questions about a Faculty Rights Tip please write us with the subject line “Faculty Rights Tip.”