Nondiscrimination and Equal Opportunity Procedures
Procedures
1. Equal Opportunity
Brigham Young University–Hawaii will provide equal opportunity to all qualified employees and applicants for employment. This policy prohibits unlawful discrimination on the basis of any of the legally protected categories in all employment practices, including:
- Recruiting, hiring, training, upgrading, promoting, and transferring;
- Compensation and benefits;
- Conditions and privileges of employment; and
- Discipline, layoff, and termination.
Generally, available positions should be listed with the appropriate employment office.
2. Discriminatory Conduct
The university strives to provide employees and students with a working and educational environment free from all forms of unlawful discrimination, including unlawful harassment. Federal law prohibits harassment when it is based on the victim’s membership in the legally protected categories and the harassment becomes so severe or pervasive that it creates a hostile work environment or for participation in other programs and activities of the university. Unlawful harassment that creates a hostile environment is prohibited at the university.
In addition to this prohibition against unlawful harassment, the CES Honor Code requires students, employees, and others subject to its provisions to “maintain the highest standards of . . . consideration of others.”
As an educational institution sponsored by and affiliated with the Church, the university gives a lawful preference in employment and admissions decisions to qualified, faithful members of the Church in good standing. In addition, employees and students must observe the CES Honor Code and all university policies.
3. Retaliation
The university also prohibits retaliation against any employee or student who engages in either of the following legally protected actions:
- opposing unlawful discrimination by communicating to the university through word or action a belief that unlawful discrimination is taking place or has taken place, or
- participating in any way in an investigation, proceeding, hearing, or litigation under state and federal discrimination laws.
Any adverse action taken against an individual because he or she has engaged in any legally protected actions constitutes unlawful retaliation if the adverse action is reasonably likely to deter the person or others from pursuing their rights. Retaliation will be considered a separate act of discrimination under this procedure.
Adverse actions do not include petty slights and trivial annoyances, such as stray negative comments in an otherwise positive evaluation, “snubbing” by a colleague or fellow student, or negative comments or evaluations that are justified by an employee’s or a student’s poor performance.
This policy also prohibits university employees or students from encouraging others to retaliate and protects both the person who has engaged in any Legally Protected Actions and individuals closely associated with that person, such as a spouse or close relative. Retaliation is prohibited under this policy even if the original discrimination complaint is without merit; however, an individual opposing discrimination by communicating an allegation of unlawful discrimination to the university must act in reasonable good faith in order to be protected against retaliation.
4. Reporting
Any employee or student who believes that he or she has been a victim of discrimination or retaliation in violation of this procedure or the Church Educational System Nondiscrimination policy who wishes to make a formal complaint, should bring the issue immediately to the attention of the dean of students (students) or the employee relations manager (employees).
Disclaimer
The policies on this website (including any university procedures, processes, benefits, courses of conduct, or oral or written statements arising from or related to these policies) do not constitute any legally enforceable contract, obligation, or liability on the part of the university, except to the extent that they are incorporated by reference into a written agreement signed by an authorized university official. These policies do not alter the “at-will” employment status of any university employee hired on an “at-will” basis. The university reserves the right to interpret, revise, or withdraw these policies at any time and at its sole discretion.