Tag: Employment Policies and Procedures

Pregnant Workers Fairness Act Policy

The College provides reasonable accommodation for an employee’s pregnancy, childbirth, or any condition related to the employee’s pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child, unless the accommodation causes undue hardship to the College.  Employees are entitled to reasonable accommodations for pregnancy of related conditions, even if the employee is not experiencing a pregnancy-related disability. Reasonable accommodations may include, but are not limited to:

  • More frequent or longer paid or unpaid breaks
  • Time off for appointments, pregnancy complications, or recovery from childbirth
  • Acquisition or modification of equipment or seating
  • A temporary transfer to a less strenuous or hazardous position, including light duty
  • Job restructuring
  • Private non-bathroom space for expressing breast milk
  • Assistance with manual labor
  • Modification of work schedule

Requests for accommodation should be directed to Human Resources.  The accommodation request should include an explanation of the pregnancy-related limitations, the accommodation requested, and any alternative accommodation(s) that might be reasonable. Depending on the nature of the accommodation, the individual may be requested to submit a statement from a health care provider substantiating the need for the accommodation.  The College engages in an interactive process with the employee to determine an appropriate accommodation. Accommodations are provided unless it creates an undue hardship. The College prohibits retaliation against an employee who requests or receives an accommodation under this policy law.  Employees have the right to be free from discrimination in relation to pregnancy or related conditions, including but not limited to lactation or the need to express breast milk for a nursing child, as well as a right to reasonable accommodations as stated above.

Definitions

Discrimination

Discrimination is a discrete adverse action taken by a College official against an applicant, student, or employee based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability, or any other characteristic protected by law. Discrimination can occur under this Policy in either an employment or an educational context. Discrimination also includes failing to provide reasonable accommodations to a qualified person with a disability or to reasonably accommodate an employee’s religious beliefs or practices, as required by state and federal law.

Harassment

Harassment is unwelcome verbal, visual, physical, electronic, or other conduct based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability, or any other characteristic protected by law that is sufficiently severe, persistent, or pervasive to unreasonably interfere with a person’s ability to participate in or benefit from the College’s education program or activity or to interfere with the terms or conditions of the person’s employment, as judged by a reasonable person in the position of the individual subject to the conduct and considering all the circumstances.

Sexual Harassment

Sexual harassment under Appendix A:

Conduct that is sexual, or on the basis of sex or gender, committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved which is one of the following:

  • When a College employee conditions the provision of an educational, research, scholarly, or work benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo); and/or
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it effectively denies a person equal access to an educational, research, scholarly, or work program, or activity of the College.  Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns.

Sexual harassment under Appendix B:

Sexual harassment – Conduct that is sexual, or on the basis of sex or gender, committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved which is sufficiently severe, persistent, or pervasive to unreasonably interfere with a person’s ability to participate in or benefit from the College’s education program or activity or to interfere with the terms or conditions of the person’s employment, as judged by a reasonable person in the position of the individual subject to the conduct and considering all the circumstances. This can take the form of conduct by one or more individual respondents that, for each respondent, meets this definition or it can take the form of a cumulative hostile environment.

See CCS’s full policy, including definitions – Policy On Prohibited Discrimination, Harassment, And Sexual Misconduct (Including Title IX).

Family and Medical Leave Act (FMLA)

The College affords eligible employees family or medical leave in accordance with the federal Family and Medical Leave Act (FMLA). All rights and obligations under the FMLA and this policy are interpreted according to the law. All leaves of absence, including workers’ compensation, temporary disability, and FMLA leaves, will be coordinated and will run concurrently as allowed by law. The College’s Family and Medical Leave Act policy can be found in the CCS Policy Database.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is meant to provide fair and equitable treatment of the disabled through non-discriminatory practices and reasonable accommodations.

The ADA protects people who are disabled – defined as anyone with a physical or mental impairment that substantially limits one or more major life activities. The law protects both job applicants and employees.

CCS supports and follows the provisions of the Americans with Disabilities Act and Michigan law, as stated in the law. The institution’s ADA policy is available on the CCS Policy Database.

Alcohol and Other Drug Policy for Students, Faculty, and Staff

The College’s Alcohol and Other Drug Policy is in keeping with the Drug-Free Schools and Communities Act and outlines the institution’s prevention, education, and intervention efforts, as well as consequences that may be applied by both the College and external authorities for policy violations. This policy applies to all faculty and staff, as well as students enrolled in credit-bearing and non-credit-bearing courses at CCS, including any and all programs located off-site. The institution’s Alcohol and Other Drug Policy is available on the CCS Policy Database.

Employee Conflict of Interest

CCS administrative staff should avoid situations where their own interests materially conflict with their obligations to CCS or create the perception of a conflict. All decisions and actions by administrative staff in the course of their professional responsibilities are to be made consistent with their obligations to CCS.

Generally, a conflict of interest arises when an administrative staff member has a personal or financial interest in a transaction or event – or is a party to a transaction or event – that might adversely affect his or her judgment in performing professional or employment duties for CCS. Examples of potential conflicts of interest include, but are not limited to, the following:

1. Engaging in any business with, or employment by, an employer that is in competition or in conflict with any transaction, activity, or objective of CCS.

2. Engaging in business with or employment by a supplier of goods or services to CCS without prior approval of CCS.

3. Using equipment, supplies, or services owned or provided by CCS in conjunction with any external work, without obtaining prior agreement, in writing, from the department that owns the equipment/supplies.

4. Making use of any confidential information acquired through employment with CCS for personal profit or advantage, or the advantage of a third-party.

5. Publicly associating CCS or its prestige with an outside business interest for personal gain.

Administrative staff members who believe they have a financial, personal, or professional interest that is (or could potentially become) a conflict of interest must fully disclose the nature of the potential conflict in writing to the Director of Human Resources. All decisions concerning whether a conflict of interest exists are within the sole discretion of CCS.

Equal Opportunity, Discrimination and Harassment

The College for Creative Studies subscribes to the principle of equal opportunity in its employment, admissions, and educational programs and activities and strives to provide an educational environment and workplace free from unlawful harassment or discrimination. The College is committed to an inclusive community that respects and values all its members, including students, faculty, and staff. This Policy on Prohibited Discrimination, Harassment, and Sexual Misconduct (including Title IX) (“Policy”) prohibits discrimination, including harassment, because of age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law. This prohibition includes discrimination and harassment based on the perception of an individual’s protected status, even if that perception is incorrect. It also prohibits misconduct related to protected status discrimination and harassment specifically, domestic violence, dating violence, and stalking. The Policy applies to the administration of employment and educational policies, practices, programs, and activities.

This Policy specifically prohibits sexual misconduct, including sexual assault, sexual harassment, gender-based harassment, sexual exploitation, stalking, domestic violence, and dating violence. In some cases, this conduct is also prohibited by or included in Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and/or the Violence Against Women Reauthorization Act of 2013. Sexual misconduct represents a serious breach of the College’s commitment to fostering a positive educational and working environment. An individual who violates this Policy may also be subject to criminal prosecution and civil litigation in addition to College disciplinary procedures. As described in the annual security report (see “Sexual Assault/Dating Violence Awareness and Prevention Programs”), with the intent of ending sexual misconduct, the College conducts primary prevention and awareness programs for all incoming students and new employees and ongoing prevention and awareness campaigns for students and employees.

The Office for Institutional Equity and Inclusion is responsible for administering this Policy and its implementing procedures. The Assistant Dean for Institutional Equity and Inclusion is the College’s designated Coordinator for Title IX of the Education Amendments of 1972; the Dean of Students is the Coordinator for Section 504 of the Rehabilitation Act of 1973 for educational matters and for the Age Discrimination Act of 1975; and the Human Resources Director is the Section 504 Coordinator for employment matters.

All employees, except those designated as confidential resources, are required to report any incidents of possible sexual misconduct, discrimination or harassment of which they become aware to the Title IX Coordinator by phone, email, or in person.

Confidentiality

Due to the nature of the College’s work, you may be privy to confidential information. Certain information is required to be confidential by law, while other material must remain confidential in order to comply with contracts or good professional practice.

If you have access to confidential information, you must not disclose it to anyone inside or outside the College unless express authorization has been obtained from the College. If you have any questions about the confidentiality of the work you perform or the information that you receive, either in written or verbal form, please contact your supervisor or the director of Human Resources.