ARTICLE 2

Equal Opportunity and Non-Discrimination

Section A.  Employer  Responsibility .  The Employer accepts its responsibility  to in­sure equal opportunity in all aspects of employment for all qualified persons regard­less of race, creed, religion, color, national origin, age, disability, reliance on public assistance, sex, mari­tal status, sexual orientation/affectional preference, or any other class or group distinction, as set forth by state or federal anti-discrimination  laws, or in Board  policy .

Section B.  IFO  Responsibility .  The IFO accepts its responsibility  as exclusive bar­gaining representative, and agrees to represent all faculty members in the bargain­ing uni t without dis­criminatio n as to race, creed, religion, color, national origin, age, disability, reliance on pub­lic assistance, sex, marital status, sexual orienta­tion/affectional preference, or any other class or group distinction, as set forth by state or federal anti-discrimination laws, or in Board  policy .

Section C.  Affirmative Action  Plan .

Subd. 1 .  The Employer  shall have an Affirmative Action  Plan   that is uniform in application throughout the Minnesota state universities . The IFO  shall have the right to meet and confer on the provisions and procedures of the Plan.  The employer and the IFO are both firmly committed to affirmative action. 

Subd. 2. Americans With Disabilities Act . Whenever the employer or President /designee  determines to take actions within the faculty bargaining unit  which are necessary for the reasonable accommodation of any qualified disabled individual to effectuate compliance with the Americans with Disabilities Act , or other applicable law prohibiting discrimination  on the basis of disability, he/she shall first discuss the action with the affected department/unit. In these decisions, all participants shall adhere to the rules pertaining to confidentiality.

Subd. 3.  Processing Allegations of Discrimination  and Final Jurisdiction .  The IFO  recognizes the employer’s obligation to take timely and appropriate action with regard to allegations and findings of discrimination .  This includes the employer’s obligation to establish procedures for investigation of discrimination complaints .  The IFO shall have the right to meet and confer on the procedures established by the employer.  The employer recognizes the IFO’s obligation to fully represent bargaining unit  employees when asked by employees to do so.  The parties recognize that final jurisdiction for resolving claims of discrimination is vested in various state and federal agencies and the courts.

Subd. 4.  Voluntary Mediation of Disputes .   The IFO  and the Employer  agree to offer a voluntary mediation  option for resolution of allegations of discrimination .

Section D.  Association  Membership   .  There shall be no discrimination  by the Em­ploye r or the Administration  because of membership  or non-membership in the IFO , or because of ac­tivities on behalf of the IFO, nor shall any attempts be made to dis­courage or encourage mem­bershi p in the IFO.