Section 1 - Governing Principles of Employment

1-1 Introduction
1-2 Affirmative Action Program
1-3 Equal Employment Opportunity
1-4 Background Screening
1-5 Verification of Employment Eligibility
1-6 New York State Wage Theft Prevention Act
1-7 Internet and E-Mail Accounts
1-8 Dual Employment Activities
1-9 Pay Transparency
1-10 Discrimination, Harassment and Retaliation are Prohibited
1-11 New York: Non-Harassment
1-12 University Integrity Hotline and University Whistleblower Policy
1-13 Reasonable Workplace Accommodation Policy
1-14 New York City Pregnancy Accommodations
1-15 New York City Supplemental Gender Discrimination
1-16 Campus Crime Awareness and Campus Security Act of 1990
1-17 Drug-Free Workplace
1-18 Workplace Violence
1-19 NY HERO Act

1-1 Introduction

This Employee Handbook applies to all Fordham University employees, except to the extent that a specific provision states that it only applies to a certain subset of employees. Employees that are represented by a Union are subject to the terms of their Collective Bargaining Agreement. Tenured/Tenure Track Faculty should review the Undergraduate Faculty Handbook and the University Statutes for additional information about the terms and conditions of their employment.

1-2 Affirmative Action Program

As a government contractor, Fordham maintains an Affirmative Action Plan (AAP) which has been designed to attract employees of different genders, members of minority groups, protected veterans, and individuals with disabilities into all levels and segments of Fordham University's workforce in proportion to their representation in the qualified relevant labor market.

The AAP measures the Fordham workforce yearly, and compares it against the relevant qualified labor market. This analysis allows leadership to assess how effective its efforts have been to attract and retain women, under-represented minorities, persons with disabilities, and protected veterans. Where there are gaps in representation, the AAP sets forth ways to help increase the diversity of applicant pools, so that Fordham may make progress toward achieving the expected representation in all areas of its workforce when and if it hires new employees.

For more information regarding the University’s AAP, please contact the Office of Human Resources Management at 718-817-4930.

1-3 Equal Employment Opportunity

Fordham University is an Equal Opportunity Employer that does not discriminate on the basis of actual or perceived race, creed, color, religion, alienage or national origin, ancestry, citizenship status, age, disability or handicap, sex, marital status, veteran status, sexual orientation, arrest record, parental status, genetic information, gender identity or expression (including transgender status), height and weight, or any other characteristic protected by applicable federal, state or local laws. The University and its employees are dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee access to facilities, programs and activities and general treatment during employment.

1-4 Background Screening

Fordham University believes that the hiring of qualified individuals will support the University’s overall strategic success. The purpose of this policy is to describe the terms and conditions under which a background screening will be conducted. Background screening is designed to promote a safe working environment that will protect the University’s most important assets, the people with whom we work and serve. Background screening will assist hiring managers to make prudent employment decisions based upon comprehensive job-related information that will serve as an integral part of the selection process.

Fordham University will conduct a background screening on all eligible prospective applicants’ post-offer (contingency offer), as well as current employees being transferred or promoted to a new position if the new position has additional requirements that were not screened in the past (e.g. professional licensing, education, or if the employee does not currently have a background check on file). This means that an offer may be extended to the prospective applicant, subject to the results of the background screening. Fordham University will use an impartial third-party vendor to conduct the background screening.

The University reserves the right to designate certain employee classifications to submit to annual background screening recertification. Additionally, the University requires that if there are charges pending against an employee for a state or federal crime punishable by imprisonment, the employee must promptly notify the Office of Human Resources Management. Failure to do so may constitute cause for immediate dismissal.

For more information, please review the University Background Check Policy.

1-5 Verification of Employment Eligibility

As a new employee, you must complete an Employment Eligibility Verification Form (known as the “I-9 Form”), which is required by the Immigration Reform and Control Act of 1986. The purpose of the I-9 Form is to document that each new employee hired after November 6, 1986, is authorized to work in the United States. The Immigration Reform and Control Act stipulates that Fordham University may only hire those who are authorized to work in the United States. Page 1 of the I-9 Form must be completed no later than the first day of employment. In addition, please be prepared to provide appropriate documentation as required by the I-9 Form to establish your identity and employment eligibility within the first three (3) days of your employment. Failure to do so may result in rescinding the offer of employment.

1-6 New York State Wage Theft Prevention Act

The New York State Wage Theft Prevention Act amends New York State’s Labor Law Section 195. The law became effective April 9, 2011. The goal of the law is intended to protect employees from wage theft by their employers. The law applies to all private sector employers and there is no minimum employee threshold.

The law requires that employers provide new hires a notice of their pay at the time of hire.

A copy of New York State describing the Wage Theft Prevention Act can be found here.

1-7 Internet and E-Mail Accounts

As a new employee a Username and E-Mail Account will be established in your name. You will be expected to comply with all the provisions under the University’s Information Technology Policy.

1-8 Dual Employment Activities

Full-time employees of Fordham are expected to devote their major energies to University activities. Accordingly, outside activities from which employees derive compensation should not interfere with their job performance. Devoting significant time to such activities is not permitted, except with the written approval of the Area Vice President or from the Office of the Provost, who will consider the activities' effect on the employee’s University responsibilities and determine if there is a possible conflict of interest. This approval may be given for a period not to exceed one year and may be renewed in writing.

Faculty members should refer to the University Statutes for information and may contact the Office of the Provost with any questions.

Part-time employees are permitted to derive compensation from other activities, but these activities may not interfere with their Fordham job performance and must be disclosed at the time of employment to the Area Vice President or the Office of the Provost, who shall consider whether the other activities create a conflict of interest with the University.

Employees are prohibited from using University resources including but not limited to University electronic devices, premises, office supplies, email address, administrative support for any non-University employment activities.

1-9 Pay Transparency

The University will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is: (1) in response to a formal complaint or charge; (2) in furtherance of an investigation, proceeding, hearing or action, including an investigation conducted by the employer; or (3) consistent with the University’s legal duty to furnish information, or any other applicable law.

Additionally, in compliance with Pay Transparency laws, Fordham University will provide a salary range for all advertised vacant positions.

1-10 Discrimination, Harassment and Retaliation are Prohibited

It is Fordham University's policy to prohibit intentional and unintentional discrimination and harassment of or against job applicants, contractors, interns, volunteers or employees by another employee, supervisor, vendor, customer or any third party on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth and pregnancy-related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information, height and weight or any other characteristic protected by applicable federal, state or local laws (referred to as “protected characteristics”). The University also prohibits workplace retaliation.

Please refer to Fordham University's Policy and Procedures Against Harassment, Discrimination, and Retaliation in Employment.

1-11 New York: Non-Harassment

New York State maintains a telephonic hotline for employees to report incidents of sexual harassment to the New York State Division of Human Rights. The hotline number is 800-HARASS-3 [(800) 427-2773.

1-12 University Integrity Hotline and University Whistleblower Policy

Employees are responsible for helping to create and maintain an environment characterized by high standards of ethical behavior and compliance with University Statutes, policies, federal, state and local laws and regulations. If an employee has information about behavior believed to be in violation of the law or University policies, the normal course of action is to report these suspected violations to one’s supervisor or the Office of Legal Counsel, the Office of Human Resources Management and/or the Office of Internal Audit which are responsible for investigating and responding to the specific situation.

Situations may arise, however, when an employee may discover or reasonably suspect unethical or illegal behavior or behavior that poses danger to the public’s health and safety, and yet may be reluctant to report it for fear of reprisal or retaliation. Accordingly, Fordham University has selected a third-party called EthicsPoint to provide an Integrity Hotline which offers an anonymous means of reporting situations when an employee may choose not to use the other aforementioned reporting procedures.

If the employee is uncomfortable speaking directly with a supervisor or other University officials, EthicsPoint will help facilitate confidential and anonymous reporting either by direct calling 1-888-278-1501 or online process to report activities or concerns about any aspect of University compliance. All information will be treated confidentially to the extent possible.

Information and identities revealed will be held in confidence as appropriate and in accordance with the law and will only be shared with others on a need to know basis.

Lastly, employees, as well as former employees and independent contractors, who report, or who participate in a university investigation, are protected from retaliation under the University Whistleblower Policy and the law.

Retaliation
No employee with supervisory authority will take adverse employment action against any individual in retaliation for disclosing to a public body an actionable claim of wrongful conduct. This includes "good faith" reporting of violations of the law to appropriate law enforcement authorities, commonly referred to as "whistle blowing."

Employees found to have retaliated in violation of this policy will be subject to discipline in accordance with the applicable University procedures.

Any employee who knowingly reports false allegations of wrongful conduct may be subject to discipline, up to and including termination of employment, in accordance with the applicable University procedures.

1-13 Reasonable Workplace Accommodation Policy

Accommodations for Individuals with Disabilities
The University will make reasonable accommodations, as required by law, for known physical or mental disabilities of an otherwise qualified applicant or employee, unless doing so would impose an undue hardship upon the University's business operations. An accommodation is not reasonable if, even with the accommodation, the employee is unable to perform essential job duties, or if doing so, would endanger the health or safety of the employee or others.

Applicants or employees who believe they require an accommodation in order to perform the essential functions of their job should refer to the University’s Workplace Accommodation Policy or send an email to [email protected] to request such an accommodation. Employees should fill out the necessary forms that can be found in the University’s Workplace Accommodation Policy and specify the accommodation being requested in order to perform their job. Employees must then submit supporting medical documentation explaining the underlying physical or mental disability and the basis for the requested accommodation. The University then will review and analyze the request, including engaging in an interactive process with the employee or applicant, to identify if such an accommodation can be made. The University will evaluate requested accommodations, and as appropriate identify other possible accommodations, if any. The employee will be notified of the University's decision regarding the request within a reasonable time period. The University treats all medical information submitted as part of the accommodation process in a confidential manner.

Accommodations for Individuals Based on Sincerely Held Religious Beliefs
The University will endeavor to accommodate the sincere religious beliefs of its employees to the extent such accommodation does not pose an undue hardship on the University's operations. If employees wish to request such an accommodation, they follow the same procedures outlined in the University’s Workplace Accommodation Policy to submit a request.

Any employee with a question or concern about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the Office of Human Resources Management via email to [email protected].

Protection From Retaliation
The University will not tolerate any form of retaliation against individuals who raise issues of equal employment opportunity. If employees believe they have been subjected to any such retaliation, they should contact the Office of Human Resources Management. To ensure Fordham’s workplace is free of artificial barriers, violation of this policy, including any improper retaliatory conduct, may lead to discipline, up to and including discharge. All employees must cooperate with all investigations into workplace violations.

1-14 New York City Pregnancy Accommodations

Pursuant to the New York City Human Rights Law, Fordham University prohibits unlawful discrimination on the basis of pregnancy or perceived pregnancy and will endeavor to reasonably accommodate the needs of employees for their pregnancy, childbirth or related medical condition to allow them to perform the essential requisites of the job, provided that such employee’s pregnancy, childbirth or related medical condition is known or should have been known by the University, and the proposed accommodation does not impose an undue hardship on the University.

Any employee who needs to request an accommodation due to pregnancy, childbirth or a related medical condition should refer to the University’s Workplace Accommodation Policy and email [email protected] to submit a request.

If the employee requested an accommodation but has not received an initial response within five (5) business days, the employee should contact the Office of Human Resources Management at 718-817-4930 or via email at [email protected].

After receiving a request for an accommodation due to pregnancy, childbirth or a related medical condition, or learning indirectly that the employee requires such an accommodation, the University will engage in a cooperative dialogue with the employee. Even if the employee has not formally requested an accommodation, the University, in compliance with applicable law, may initiate a cooperative dialogue under certain circumstances, such as when the University has knowledge that the employee’s performance at work has been negatively affected and also has a reasonable basis to believe that the issue is related to pregnancy, childbirth or related medical condition.

The cooperative dialogue may take place in person, by telephone or by electronic means. As part of the cooperative dialogue, the University will communicate openly and in good faith with the employee in a timely manner in order to determine whether and how the University may be able to provide reasonable accommodation. To the extent necessary and appropriate based on the request, the University will attempt to explore the existence and feasibility of alternative accommodations as well as alternative positions for the employee. The University is not required to provide the specific accommodation sought by the employee, provided the alternatives are reasonable and either meet the specific needs of the employee or specifically address the employee’s limitation.

As part of the cooperative dialogue, the University reserves the right to request medical documentation from the employee under the following circumstances:

when the employee requests time away from work, including for medical appointments, other than time off requested during the six- (6) to eight- (8) week period following childbirth (for recovery from childbirth); or
when the employee requests to work from home, either on an intermittent basis or a longer-term basis.

If the University believes that the provided documentation is insufficient, and before denying the request based on insufficient documentation, the University reserves the right to request additional documentation from the employee or, upon the employee's consent, speak with the health care provider who provided the documentation. If applicable, the employee whose time off is covered by the Family Medical Leave Act (FMLA) may also be required to provide medical documentation, depending on the circumstances of the leave request, pursuant to federal law.

At the conclusion of the cooperative dialogue, the University will provide written notice to the employee in a timely manner indicating that the University:

will be able to offer and provide a reasonable accommodation;
will not be able to provide a reasonable accommodation to the employee because there is no accommodation available that will not cause an undue hardship on the University’s operations; or
will not be able to provide a reasonable accommodation to the employee because no accommodation exists that will allow the employee to perform the essential requisites of the job.

The University will endeavor to keep confidential communications regarding requests for reasonable accommodations and all circumstances surrounding an employee’s pregnancy, childbirth or related medical condition.

Employees with questions regarding this policy should contact the Office of Human Resources Management at 718-817-4930 or email [email protected].

1-15 New York City Supplemental Gender Discrimination

In accordance with New York City law, Fordham University prohibits unlawful discrimination in employment on the basis of gender. For purposes of this policy, gender is an individual’s actual or perceived sex, gender identity and gender expression, including a person’s actual or perceived gender-related self-image, appearance, behavior, expression, sex stereotyping or other gender-related characteristic regardless of the sex assigned to that person at birth.

The University is dedicated to ensuring the fulfillment of this policy as it applies to all terms and conditions of employment, including recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, accommodation requests, access to programs and facilities, employee activities and general treatment during employment.

In furtherance of this policy:

The University gives employees the option of indicating their preferred gender pronoun. The University allows employees to self-identify their names and genders and does not limit such identifications to male and female only.
All employees and other individuals have access to single-sex facilities consistent with their gender identity or expression. To the extent possible, the University provides single-occupancy restrooms and provides multi-user facilities for individuals with privacy concerns, but will not require use of a single-occupancy bathroom because an individual is transgender or gender non-conforming.
The University’s dress code and grooming standards are gender neutral, and therefore do not differentiate or impose restrictions or requirements based on gender or sex.
The University evaluates all requests for accommodations (including requests for medical leaves) in a fair and non-discriminatory manner.
Employees who engage with the public as part of their job duties are required to do so in a respectful, non-discriminatory manner by respecting gender diversity and ensuring that members of the public are not subject to discrimination (including discrimination with respect to single-sex programs and facilities).

Employees with issues or concerns regarding gender discrimination or who feel they have been subjected to such discrimination can contact the Office of Gender Equity and Title IX Coordinator at 718-817-3112 or via email at [email protected]. The University prohibits and does not tolerate retaliation against employees who report issues or concerns of gender discrimination pursuant to this policy in good faith.

1-16 Campus Crime Awareness and Campus Security Act of 1990

The Campus Crime Awareness and Campus Security Act of 1990 (known as the “Clery Act”) requires colleges and universities to distribute to all current students, employees and applicants for enrollment or employment the following information:

Descriptions of policies related to campus security; and
Statistics concerning specific types of crimes.

Distribution is made by Fordham University through appropriate publications and mailings on an annual basis and by individual request. For further information about this law, please contact the Associate Vice President of Public Safety.

1-17 Drug-Free Workplace

To help ensure a safe, healthy, and productive work environment for our employees and others, to protect University property, and to ensure efficient operations, Fordham University has adopted a policy of maintaining a workplace free of drugs. This policy applies to all employees and other individuals who perform work for the University.

The unlawful or unauthorized use, abuse, solicitation, theft, possession, transfer, purchase, sale or distribution of controlled substances (including medical marijuana), drug paraphernalia by an individual anywhere on University premises, while on University business (whether or not on University premises) or while representing the University, is strictly prohibited. Pursuant with New York Labor Law 201-D employees and other individuals who work for the University also are prohibited from reporting to work or working (on campus or remotely) while they are using or under the influence of any controlled substances, which may impact their ability to perform their duties or otherwise pose safety concerns.

Violation of this policy may result in disciplinary action, up to and including discharge.

The University maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist individuals recovering from substance abuse, and those who have a medical history which reflects treatment for substance abuse conditions. However, employees may not request an accommodation to avoid discipline for a policy violation. We encourage employees to seek assistance before their substance abuse renders them unable to perform the essential functions of their jobs or jeopardizes the health and safety of any University employee, including themselves.

Any employee who violates the foregoing drug-free workplace policy described above may be subject to discipline up to and including immediate discharge.

At the discretion of the University, any employee who violates the drug-free workplace policy may be required, in connection with or in lieu of disciplinary sanctions, to participate to the University's satisfaction in an approved drug assistance or rehabilitation program.

1-18 Workplace Violence

Fordham University is strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and damage to University and personal property.

Fordham University does not expect employees to become experts in psychology or to physically subdue a threatening or violent individual. Indeed, Fordham University specifically discourages employees from engaging in any physical confrontation with a violent or potentially violent individual. However, Fordham University does expect and encourage employees to exercise reasonable judgment in identifying potentially dangerous situations.

Prohibited Conduct
Threats, threatening language or any other acts of aggression or violence made toward or by any University employee will not be tolerated. For purposes of this policy, a threat includes any verbal or physical harassment or abuse (including threats from electronic means), any attempt at intimidating or instilling fear in others, menacing gestures, flashing of weapons, stalking or any other hostile, aggressive, injurious or destructive action undertaken for the purpose of domination or intimidation. To the extent permitted by law, employees and visitors/vendors are prohibited from carrying weapons on University premises.

Procedures for Reporting a Threat
All potentially dangerous situations, including threats by co-workers, should be reported immediately to the Department of Public Safety at 718-817-2222 or any member of management with whom the employee feels comfortable. If an employee is in immediate danger, they should call the Department of Public Safety or 911 without delay. Reports of threats may be maintained confidential to the extent maintaining confidentiality does not impede Fordham University's ability to investigate and respond to the complaints. All threats will be promptly investigated. All employees must cooperate with all investigations. No employee will be subjected to retaliation, intimidation or disciplinary action as a result of reporting a threat in good faith under this policy.

If the University determines, after an appropriate good faith investigation, that this policy has been violated, the University will take swift and appropriate corrective action.

If an employee is the recipient of a threat made by an outside party, that employee should follow the steps detailed in this section. It is important for the University to be aware of any potential danger in its premises. Indeed, the University wants to take effective measures to protect against the threat of a violent act by employees or others.

1-19 NY HERO Act

The NYS Health and Essential Rights Act (NY HERO Act) protects employees against exposure and disease during airborne infectious disease outbreaks by requiring employers to take appropriate responsive measures. Fordham University has adopted the New York State Department of Labor’s Model Airborne Infectious Disease Exposure Prevention Plan (EPP) for Private Education to ensure the safety of its employees during such an event. The University's implementation of that plan applies to all employees and will include a standard set of controls and, in the event that those initial controls do not provide sufficient protection, a second, advanced set of protocols.

The standard controls include health screenings, the requirement of face coverings (masking), physical distancing, and robust cleaning and disinfection practices. Advanced controls include the suspension or elimination of risky activities, the distribution of Personal Protective Equipment (PPE), engineering controls like enhanced air filtration, increased use of outside air in the central HVAC system, and various administrative measures.

The University's EPP also includes necessary adjustments to normal housekeeping procedures, the temporary closure of certain work areas in the event that an employee develops symptoms of the infectious disease at work, the proliferation of training and information regarding the EPP, the periodic review and revision of the plan by various University leaders.

The University will follow New York State, New York City, and Department of Health guidelines relative to each specific outbreak.

Employees should report any questions or concerns about the implementation of this plan to the University's EPP Coordinator via email at c[email protected].