Common use of ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION Clause in Contracts

ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. The Employer and the Union agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disability, union activity, gender identity, gender expression, military or veteran status. Section 2. The Union and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, or mental or physical disability, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. The Statewide Labor/Management Committee established pursuant to ARTICLE 25 shall give priority to the area of affirmative action. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's Executive Order No. 116 dated May 1, 1975 or as subsequently amended or in Governor's Executive Order #253 (1988) or as subsequently amended. Section 4. The Employer and the Union acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no employee should be subjected to such harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Section 5. A grievance alleging a violation of Section 4 of this Article shall be filed initially at Step II of the grievance procedure. Such action must be brought within twenty-one (21) days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the Commonwealth’s Statewide Sexual Harassment Policy may not file a grievance regarding those same allegations under this Section.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. 6.1 The Employer and the Union Association agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disability, union activityAssociation activities, gender identity, gender expression, military or veteran status. Section 2. 6.2 The Union Association and the Employer agree that when the effects effect of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, or mental or physical disability, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation compensation, and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. 6.3 The Statewide LaborState-wide Association/Management Committee established pursuant to ARTICLE 25 28 shall give priority to the area of affirmative action. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's Executive Order No. 116 dated May 1, 1975 or as subsequently amended or in Governor's Executive Order #253 (1988) or as subsequently amended. Section 4. 6.4 The Employer and the Union Association acknowledge that sexual harassment is a form of unlawful sex discrimination, discrimination and the parties mutually agree that no employee should be subjected to such sexual harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, favors and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. Submission to or rejection of such conduct advances, requests or behavior is made made, either explicitly or implicitly a term or condition of an individual’s employment's employment or the basis for an employment decision; B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. Such conduct behavior has the purpose or effect of unreasonably interfering with an individual's work performance performance; or C. Such behavior has the purpose or effect of creating an intimidating, hostile or sexually offensive working work environment. Section 5. 6.5 The provisions contained in ARTICLE 14 - VACANCIES, TRANSFERS, PROMOTIONS and ARTICLE 20 - RECALL PROCEDURES shall not be construed to impede the implementation of Affirmative Action Programs developed by Departments/Agencies in accordance with the goals set forth in this Article. Section 6.6 A grievance alleging a violation of Section 4 of this Article shall be filed initially at Step step II of the grievance procedure. Such action must be brought within twenty-one (21) days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the Commonwealth’s 's Statewide Sexual Harassment Policy may not file a grievance regarding those same allegations under this Section.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. 6.1 The Employer and the Union MOSES agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disability, union activity, gender identity, gender expression, military or veteran status. Section 2. The Union 6.2 MOSES and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, or mental or physical disability, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, discrimination and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation compensation, and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. 6.3 The Statewide LaborMOSES/Management Committee established pursuant to ARTICLE 25 Article 26 shall give priority to the area of affirmative action. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's Executive Order No. 116 227 dated May 1February 25, 1975 or as subsequently amended or in Governor's Executive Order #253 (1988) 1983 or as subsequently amended. Section 4. 6.4 The Employer and the Union MOSES acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no employee should be subjected to such harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. Submission to or rejection of such conduct advances, requests or behavior is made made, either explicitly or implicitly implicitly, a term or condition of an individual’s employment; B. Submission to employment or rejection of such conduct by an individual is used as the basis for an employment decisions affecting such individualdecision; or C. B. Such conduct behavior has the purpose or effect of unreasonably interfering with an individual's work performance performance; or C. Such behavior has the purpose or effect of creating an intimidating, hostile hostile, humiliating or sexually offensive working environment. Section 5. 6.5 A grievance alleging a violation of Section 4 6.4 of this Article article shall be filed initially at Step II 2 of the grievance procedure. Such action must be brought within twenty-one (21) 21 days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the Commonwealth’s 's Statewide Sexual Harassment Policy may not file a grievance regarding those same allegations under this Sectionsection. Section 6.6 There shall be no discrimination by the Employer or its Agent against any employee because of his/her activity or membership in MOSES. Section 6.7 The Employer shall not interfere with MOSES' legal rights to self-operation, nor shall any officer or representative of MOSES be prevented from serving in his/her capacity under the law.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. 6.1 The Employer and the Union agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disabilityhandicap, union activity, gender identity, gender expression, military or veteran status. Section 2. 6.2 The Union and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, creed, color, age, sex, national origin, or mental or physical disabilityhandicap, or being a Vietnam Era Veteran, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. 6.3 The Statewide Labor/Management Committee established pursuant to ARTICLE 25 26 shall give priority to the area of affirmative action. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's Executive Order No. 116 dated May 1, 1975 or as subsequently amended or in Governor's Executive Order #253 (1988) or as subsequently amended. Section 4. 6.4 The provisions contained in Article 14 and Article 18 shall not be construed to impede the implementation of affirmative action programs developed by department/agencies in accordance with goals set forth in this Article. Section 6.5 The Employer and the Union acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no employee should be subjected to such harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s 's employment; B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Section 5. 6.6 A grievance alleging a violation of Section 4 5 of this Article shall be filed initially at Step II of the grievance procedure. Such action must be brought within twenty-one (21) days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the Commonwealth’s 's Statewide Sexual Harassment Policy may not file a grievance regarding those same allegations under this Section.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. The Employer and the Union agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disability, union activity, gender identity, gender expression, military or veteran status. Section 2. The Union and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, or mental or physical disability, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. The Statewide Labor/Management Committee established pursuant to ARTICLE 25 shall give priority to the area of affirmative actionaction and reasonable accommodation. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's ’s Executive Order No. 116 dated May 1, 1975 or as subsequently amended or in Governor's ’s Executive Order #253 (1988) or as subsequently amended. The provisions contained in Article 14 and Article 18 shall not be construed to impede the implementation of affirmative action programs developed by the Employer in accordance with goals set forth in this Article 6. Section 4. The Employer and the Union acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no employee should be subjected to such harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's ’s work performance or creating an intimidating, hostile or offensive working environment. Section 5. A grievance alleging a violation of Section 4 of this Article shall be filed initially at Step II of the grievance procedure. Such action must be brought within twenty-one (21) days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the CommonwealthEmployer’s Statewide Sexual Harassment Prevention Policy may not file a grievance regarding those same allegations under this Section. Section 6. The Employer and Union agree that individuals with disabilities should enjoy equal access to all employment opportunities. During the process to identify a reasonable accommodation the employee may elect to have union representation present.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. 6.1 The Employer and the Union agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disabilityhandicap, union activity, gender identity, gender expression, military or veteran status. Section 2. 6.2 The Union and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, creed, color, age, sex, national origin, or mental or physical disabilityhandicap, or being a Vietnam Era Veteran, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. 6.3 The Statewide Labor/Management Committee established pursuant to ARTICLE 25 26 shall give priority to the area of affirmative action. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's Executive Order No. 116 dated May 1, 1975 or as subsequently amended or in Governor's Executive Order #253 (1988) or as subsequently amended. Section 4. 6.4 The provisions contained in Article 14 and Article 18 shall not be construed to impede the implementation of affirmative action programs developed by department/agencies in accordance with goals set forth in this Article. Section 6.5 The Employer and the Union acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no employee should be subjected to such harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, favors and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s 's employment; B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Section 5. 6.6 A grievance alleging a violation of Section 4 5 of this Article shall be filed initially at Step II of the grievance procedure. Such action must be brought within twenty-one (21) days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the Commonwealth’s 's Statewide Sexual Harassment Policy may not file a grievance regarding those same allegations under this Section.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. The Employer and the Union agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disabilityhandicap, union activity, gender identity, gender expression, military or veteran status. Section 2. The Union and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, or mental or physical disabilityhandicapdisability, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. The Statewide Labor/Management Committee established pursuant to ARTICLE 25 shall give priority to the area of affirmative actionaction and reasonable accommodation. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's Executive Order No. 116 dated May 1, 1975 or as subsequently amended or in Governor's Executive Order #253 (1988) or as subsequently amended. The provisions contained in Article 14 and Article 18 shall not be construed to impede the implementation of affirmative action programs developed by the Employer in accordance with goals set forth in this Article. Section 4. The Employer and the Union acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no employee should be subjected to such harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. : Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; B. ; Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. or Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Section 5. A grievance alleging a violation of Section 4 of this Article shall be filed initially at Step II of the grievance procedure. Such action must be brought within twenty-one (21) days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the Commonwealth’s Statewide Sexual Harassment Policy may not file a grievance regarding those same allegations under this Section. Section 6. The Employer and the Union agree that individuals with disabilities should enjoy equal access to all employment opportunities. During the process to identify a reasonable accommodation the employee may elect to have union representation present.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION. Section 1. 1 The Employer and the Union agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, gender, sex, sexual orientation, age, ethnicity, mental or physical disabilityhandicap, union activity, gender identity, gender expression, military activity or veteran status. Section 2. 2 The Union and the Employer agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, or mental or physical disabilityhandicap, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation and in-service or apprenticeship training programs. Therefore the parties acknowledge the need for positive and aggressive affirmative action. Section 3. 3 The Statewide Labor/Management Committee established pursuant to ARTICLE 25 shall give priority to the area of affirmative action. The Committee shall review affirmative action programs and shall devote its best efforts to alleviating any obstacles that are found to exist to the implementation of the policy and commitments contained in the Governor's ’s Executive Order No. 116 dated May 1, 1975 1975, or as subsequently amended amended, or in Governor's ’s Executive Order #253 (1988) or as subsequently amended. Section 4. 4 The Employer and the Union acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no employee should be subjected to such harassment. The term sexual harassment as used herein is conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which constitutes sexual harassment when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's ’s work performance or creating an intimidating, hostile or offensive working environment. Section 5. 5 A grievance alleging a violation of Section 4 of this Article shall be filed initially initial- ly at Step II of the grievance procedure. Such action must be brought within twenty-one (21) 21 days from the alleged act or occurrence. However, an employee who has filed a complaint alleging sexual harassment under the Commonwealth’s Statewide Sexual Harassment Policy may not file a grievance regarding those same allegations under this Section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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