Unlawful Discrimination Defined

Unlawful discrimination occurs when an individual’s protected characteristic is used as a basis for material adverse actions affecting that individual.  A materially adverse action is a substantial and detrimental change in the terms and conditions of employment, or a substantial and detrimental change in the terms and conditions of an educational program or activity in which limits a student's ability to participate in or benefit from an educational program or activity. Petty slights, minor annoyances, and lack of good manners do not constitute materially adverse actions. Whether an action is materially adverse is judged from the perspective of a reasonable person in the individual's position. Discrimination encompasses a wide range of conduct.

Examples of specifically prohibited conduct include, but are not limited to:

  • Terminating an individual’s employment based on a protected characteristic;

  • Refusing a request for time off based on a protected characteristic;

  • Denying housing or other benefits based on a protected characteristic; and

  • Assigning an undeserved low grade based on a protected characteristic.