Non-Discrimination Policy

We are committed to providing an academic and workplace environment for employees which recognizes the dignity and worth of all members of the university community.
In this Section

Non-Discrimination Policy

The University of Wisconsin-Stout is committed to providing an academic and workplace environment for employees which recognizes the dignity and worth of all members of the university community. The University will not tolerate discrimination or harassment by or toward employees and visitors on the basis of sex, race, religion, color, creed, disability, sexual orientation, gender identity or expression, national origin, ancestry, age, marital status, pregnancy, political affiliation, arrest or conviction record, veterans status, or any other prohibited basis defined by federal or state law or University of Wisconsin System policy.

Discrimination and harassment are inconsistent with the University’s efforts to foster an environment of respect for all members of the university community. Incidents of discriminatory conduct are detrimental to the individuals directly involved and diminish the university community as a whole. It is, therefore, the policy of the University that such behavior will not be tolerated and will be dealt with according to the procedures outlined. Retaliation for filing a complaint of discrimination or harassment is also a form of harassment and is therefore prohibited.

Title IX prohibits discrimination on the basis of sex in any educational program or activity receiving Federal financial assistance. The University has designated the Director of Human Resources as the Title IX Coordinator to handle all inquiries regarding its efforts to comply with and carry out its responsibilities under Title IX.

Please see the Non-Discrimination Policy for detailed information.

Definitions

State Law

The Wisconsin Fair Employment Act (s.111.32) defines a handicapped individual as an individual who:

  • Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;
  • Has a record of such an impairment; or
  • Is perceived as having such an impairment.
Federal Law

The Americans with Disabilities Act of 1990 (42 U.S.C. 12102) and Section 504 of the Rehabilitation Act defines a disabled individual as an individual who:

  • Has a mental or physical impairment which substantially limits one or more of such person’s major life activities;
  • Has a record of such impairment; or
  • Is regarded as having such impairment.
Physical or mental impairment

A physiological disorder or condition, cosmetic disfigurement, or anatomical loss such as epilepsy, paralysis, HIV infection, AIDS, or substantial hearing or vision impairment, or (b) a mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. Examples of conditions that would not be disabilities are short-term, non-chronic conditions such as a broken bone, a sprain or a common cold. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

Major life activities

The activity of caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Substantially limits

A material restriction of the duration, manner or condition under which an individual can perform a major life activity when compared to the average person’s ability to perform that same major life activity. Temporary impairments that take significantly longer than normal to heal, long-term impairments, or potentially long-term impairments of indefinite duration may be disabilities if they are severe.

Record of such an impairment

An individual who has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities. Individuals who have been misclassified by a school or hospital as having mental retardation or a substantially limiting learning disability would be covered by this part of the definition of disability.

Is regarded as an impairment

An individual who has an actual physical or mental impairment and the University is aware of such impairment, or an individual who the University perceives to have a physical or mental impairment (whether one exists or not).

Qualified employee with a disability

An individual who has a disability as defined by this policy and who has the experience, education, and/or training to enable him or her, with or without a reasonable accommodation, to perform the essential functions of the job.

Reasonable accomodation

A modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process, perform the essential job functions and/or participate in the educational opportunities, programs and activities of the University. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

Undue hardship

An accommodation that would be unduly costly, expensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the University’s business.

Direct threat to health or safety

A condition, impairment or conduct that an employer has determined on the basis of legitimate and reasonable evidence that an individual’s employment at UW-Stout poses a direct threat to the health or safety of the individual or others in the workplace. A determination of a direct threat may not be based solely upon speculation or unsubstantiated evidence.

Confidential Nature of Process

Due to the sensitive nature of discrimination cases, complainants, respondents, witnesses, and any other parties involved in a complaint of discrimination are expected to maintain confidentiality throughout the complaint and investigative process. Information relating to the alleged discrimination should be shared only with individuals who have a legitimate need to be informed and/or apprised of the details of the case. The University shall take all reasonable and necessary steps to maintain confidentiality during the complaint and investigative process; however, confidentiality cannot be guaranteed.