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Laws, Policies and Regulations

Below is a summary of relevant laws, policies and regulations for Affirmative Action and Equal Opportunity.

Consensual Relationships
UW System
  1. UW System Statement on Consensual Relationship. Direct UW System institutions to educate the university community about the professional risks associated with consensual romantic and/or sexual relationships where there is a potential conflict of interest or a potential abuse of power differential. Also, directs UW System institutions to develop statements on consensual relationships. (Adopted by the UW System Board of Regents — July 12, 1991).
UW Oshkosh
  1. GEN 1.2.(7) Consensual Relationship Policy
Pregnancy
Federal
  1. Pregnancy Discrimination Act of 1978. Prohibits treating a female applicant or employee differently from male applicant or employee on the basis of the female’s pregnancy or capacity to become pregnant. Amends Title VII of the Civil Rights Act of 1964.
  2. 34 Code of Federal Regulations (CFR) § 106.40 Marital or parental status. 

(a) Status generally. A recipient shall not apply any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex.

(b) Pregnancy and related conditions.

(1) Shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.

(2) May require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation so long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician.

(3) Can operate a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section shall ensure that the separate portion is comparable to that offered to non-pregnant students.

(4) Shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan or policy which such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient’s educational program or activity.

(5) Shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student’s physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.

Sex Discrimination (Including sexual harassment)
Federal
  1. Civil Rights Act of 1964 – Title VII. Prohibits employment discrimination on the basis of race, color, national origin, religion, sex, and pregnancy, including childbirth or related condition. Covers all employers engaged in interstate commerce with 15 or more employees.
  2. U.S. Equal Employment Opportunity Commission (EEOC), Definitions of, and Guidelines on Sexual Harassment. November 10, 1980. Prohibits sexual harassment in the workplace for employees with 15 or more employees.
  3. Equal Pay Act of 1963. Prohibits pay differentials on the basis of sex in substantially equal work requiring equal skill, effort, and responsibility under similar working conditions.
  4. Title IX of the Education Amendments of 1972, as amended. This statue prohibits discrimination on the basis of sex, including sexual harassment, in educational programs and activities that receive assistance from the Federal government.
State
  1. Chapter 36.12, Wisconsin Statutes, provides that, “no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.” Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
  2. Chapter 111.36,(1) (a), (b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation.
  3. Chapter 230, Wisconsin Statutes, covers employment relations in state agencies and institutions of higher education. Chapter 230.18, prohibits employment discrimination on the basis of age, sex, handicap, race, color, sexual orientation, national origin or ancestry.
UW System
  1. UW System Sexual Harassment Policy Statement & Implementation. Defines sexual harassment and directs UW System institutions to develop and implement policies, procedures, and programs to eliminate sexual harassment. (Adopted by the UW System Board of Regents on May 7, 1981. Amended April 10, 1987).
UW Oshkosh
  1. GEN 1.2.(4) Racist and Discriminatory Conduct
  2. GEN 1.2.(6) Sexual Harassment Policy
  3. GEN 1.2.(5) Relationship Violence Policy
  4. GEN 1.2.(7) Consensual Relationship Policy
Sexual Orientation
State
  1. Chapter 36.12, Wisconsin Statutes, provides that, “no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.” Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.
  2. Chapter 111.31(1), (2), and (3), Wisconsin Statutes, prohibits discrimination in employment on the basis of sexual orientation. Chapter 111.36(1) (a),(b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation. Chapter 112, Laws of 1981, published on March 2, 1982, amended the Wisconsin Statutes by prohibiting discrimination on the basis of sexual orientation.
UW Oshkosh
  1. GEN 1.2.(4) Racist and Discriminatory Conduct
  2. GEN 1.2.(6) Sexual Harassment Policy
  3. GEN 1.2.(5) Relationship Violence Policy
  4. GEN 1.2.(7) Consensual Relationship Policy