Equal Opportunity

Policy 108

1 Introduction

1.1 Appalachian State University (the “University” or “Appalachian”) is committed to providing equal opportunity in its education programs, activities, and employment opportunities. To demonstrate this commitment, the University ensures equitable admission and hiring practices, resolution procedures to address alleged discrimination and harassment, and reasonable Accommodations.

2 Scope

2.1 This policy applies to all applicants, students, employees, visitors, volunteers, and others who participate in programs, activities, or conduct business on behalf of the University.

3 Definitions

3.1 Accommodation

A reasonable change to the work or academic environment, an academic requirement, or a University policy, procedure, or other requirement that allows a qualified employee to perform essential job functions or a student to participate in an academic or extracurricular program. Accommodations include appropriate academic adjustments, auxiliary aids/services, modifications to policies or procedures, and reasonable workplace accommodations.

3.2 Disability 

A physical or mental impairment that substantially limits a major life activity, a record of such impairment, or being regarded as having such an impairment.

3.3 Fundamental Alteration 

A change that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered.

3.4 Interactive Process 

The meaningful collaboration through which the University and an individual seeking Accommodation discuss the individual’s condition and the essential elements of the position, program, service, or activity to identify an Accommodation.

3.5 Pregnancy and Related Medical Conditions 

Pregnancy, birth, false pregnancy, termination of pregnancy, pregnancy or infant loss, breastfeeding and expelling breastmilk, conditions arising in connection with any of these conditions, and recovery from any of these conditions.

3.6 Religious Belief or Practice 

Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views, whether theistic or non-theistic, and practices motivated by those sincerely-held beliefs. Personal or secular preferences or beliefs; social, political, or economic philosophies; and practices motivated by the same do not qualify as Religious Beliefs or Practices. 

3.7 Undue Hardship

Significant difficulty or expense when considered in light of the nature and net cost of the Accommodation including factors such as the University’s overall financial resources, size, and operations; and the impact of the Accommodation on the University’s operations, including the impact on the ability of other employees to perform their duties in conducting the University’s business and the impact on the University’s ability to conduct business.

4 Policy and Procedure Statements

4.1 Equal Opportunity Non-Discrimination

4.1.1 The University does not discriminate in access to its educational programs or activities, or with respect to hiring or the terms and conditions of employment, on the basis of age, color, Disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.

4.1.2 Appalachian is committed to ensuring educational and employment decisions are based on an individual’s abilities and qualifications and not based on irrelevant factors, including personal characteristics, that have no connection with academic abilities or job performance. The Office of Human Resources, in collaboration with the University’s Equal Employment Opportunity Officer, is responsible for ensuring equitable employment practices and coordinating compliance with University policies prohibiting discriminatory employment practices. The University maintains the University’s Equal Employment Opportunity/Affirmative Action programs in accordance with state law.

4.1.3 The Office of Access & Equity: Equal Opportunity (“EO”) is responsible for providing prompt and equitable resolutions to reported allegations of discrimination, harassment, or related retaliation as defined in Policy 110 Discrimination and Harassment.

4.2 Accommodations

4.2.1 Appalachian is committed to engaging in an Interactive Process and to providing appropriate and reasonable Accommodations for Disability, Pregnancy and Related Medical Conditions, and sincerely held Religious Beliefs and Practices consistent with federal and state law. The University will not provide Accommodations that result in an Undue Hardship, a Fundamental Alteration that eliminates essential requirements or an essential job function, or creates a direct threat.

4.2.2 The Office of Access & Equity: Disability Resources (“ODR”) oversees access needs, applicable University resources/supports, and eligibility of Disability Accommodations for students and visitors.

4.2.3 The Office of Access & Equity: Equal Opportunity (EO) oversees access needs, applicable University resources/supports, and eligibility of Disability Accommodations for applicants and employees and Pregnancy and Related Medical Conditions and Religious Accommodations for students, employees, and applicants.

5 Additional References

Appalachian Policy 110 – Discrimination and Harassment

Appalachian Policy 602.32 – Workplace Violence

6 Authority

Executive Order 11246 EEO

Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)

Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994

Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)

Title IX of the Education Amendments Act

Fair Housing Act

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.)

Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)

Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)

Americans with Disabilities Act of 1990

Pregnant Fair Worker’s Act

PUMP for Nursing Mother’s Act

7 Contact Information

Office of Access & Equity: Disability Resources

Office of Access & Equity: Equal Opportunity

Office of Human Resources

8 Original Effective Date

October 1, 2011

9 Revision Dates

June 25, 2012

September 9, 2020

November 5, 2021 - previously policy 114

November 4, 2022

July 26, 2023