§2.01
Employment
§2.01
It is the policy of Ernest Orlando Lawrence Berkeley National Laboratory to ensure equal employment opportunity to all employees and job applicants. The Laboratory will not engage in discriminatory practices against any person employed or seeking employment because of race, color, religion, marital status, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy,[1] physical or mental disability, medical condition (cancer-related or genetic characteristics), age, citizenship, or status as a covered veteran.[2] This applies to all personnel actions, including hiring, transfer, training, promotion, termination, and other terms and conditions of employment. See RPM §2.05(D) (Employee Complaint Resolution).
With the exception of the numbering system which has been redone to conform to the Laboratory’s RPM, this policy is reproduced exactly as it appears in the University of California Sexual Harassment Policy.
When the following UC policy refers to Appendix I: University Complaint Resolution and Grievance Procedures there will also be a link to RPM §2.05(D) (Employee Complaint Resolution). This is the complaint resolution procedure for nonrepresented Laboratory employees. When the following UC policy refers to Appendix II: University Disciplinary Procedures, there will also be a link to RPM §2.05(C) (Corrective Action and Dismissal) which is the Corrective Action policy for nonrepresented Laboratory employees. The policies contained therein are the approved Human Resources policies for Lawrence Berkeley National Laboratory nonrepresented employees. Represented employees should refer to their collective bargaining agreements for applicable policies.
Laboratory specific information may be found here.
The University of California is committed to creating and maintaining a community where all persons who participate in University programs and activities can work and learn together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Every member of the University community should be aware that the University is strongly opposed to sexual harassment, and that such behavior is prohibited both by law and by University policy. The University will respond promptly and effectively to reports of sexual harassment, and will take appropriate action to prevent, to correct, and if necessary, to discipline behavior that violates this policy.
This policy applies to the University of California campuses, the DOE Laboratories, the Medical Centers, and the Office of the President, including Agriculture and Natural Resources, and all auxiliary University locations (the locations).
Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person’s employment or education, unreasonably interferes with a person’s work or educational performance, or creates an intimidating, hostile or offensive working or learning environment. In the interest of preventing sexual harassment, the University will respond to reports of any such conduct.
Sexual harassment may include incidents between any members of the University community, including faculty and other academic appointees, staff, coaches, housestaff, students, and non-student or non-employee participants in University programs, such as vendors, contractors, visitors, and patients. Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex.
In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.This policy covers unwelcome conduct of a sexual nature. Consensual romantic relationships between members of the University community are subject to other University policies, for example, those governing faculty-student relationships are detailed in the Faculty Code of Conduct.[3] While romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to charges of sexual harassment, subject to this policy.
Harassment that is not sexual in nature but is based on gender, sex-stereotyping, or sexual orientation also is prohibited by the University’s nondiscrimination policies[4] if it is sufficiently severe to deny or limit a person’s ability to participate in or benefit from University educational programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work or academic environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the University may take into account acts of discrimination based on gender, sex-stereotyping, or sexual orientation.
This policy also prohibits retaliation against a person who reports sexual harassment, assists someone with a report of sexual harassment, or participates in any manner in an investigation or resolution of a sexual harassment report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.
As part of the University’s commitment to providing a harassment-free working and learning environment, this policyshall be disseminated widely to the University community through publications, Web sites, new employee orientations, student orientations, and other appropriate channels of communication. The locations shall make educational materials available to all members of the University community to promote compliance with this policy and familiarity with local reporting procedures. In addition, the locations shall designate University employees responsible for reporting sexual harassment and provide training to those designated employees. Generally, such persons include supervisors, managers, academic administrators, deans, department chairs, student advisors, graduate advisors, residence hall staff, coaches, law enforcement officers, student judicial affairs staff, and health center staff. Each location shall post a copy of this policy in a prominent place on its website.
Any member of the University community may report conduct that may constitute sexual harassment under this policy. In addition, supervisors, managers, and other designated employees are responsible for taking whatever action is necessary to prevent sexual harassment, to correct it when it occurs, and to report it promptly to the Title IX Compliance Coordinator (Sexual Harassment Officer) or other appropriate official designated to review and investigate sexual harassment complaints. An individual also may file a complaint or grievance alleging sexual harassment under the applicable University complaint resolution or grievance procedure (University of California Procedures for Responding to Reports of Sexual Harassment, Appendix I: University Complaint Resolution and Grievance Procedures).
The locations shall provide a prompt and effective response to reports of sexual harassment in accordance with the University of California Procedures for Responding to Reports of Sexual Harassment (Procedures). A prompt and effective response may include early resolution, formal investigation, and/or targeted training or educational programs. Upon findings of sexual harassment, the University may offer remedies to the individual or individuals harmed by the harassment consistent with applicable complaint resolution and grievance procedures (Procedures, Appendix I: University Complaint Resolution and Grievance Procedures). Such remedies may include counseling, an opportunity to repeat course work without penalty, changes to student housing assignments, or other appropriate interventions. Any member of the University community who is found to have engaged in sexual harassment is subject to disciplinary action up to and including dismissal in accordance with the applicable University disciplinary procedure (Procedures, Appendix II: University Disciplinary Procedures) or other University policy. Generally, disciplinary action will be recommended when the harassing conduct is sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits the opportunity to participate in or benefit from educational programs. Any manager, supervisor, or designated employee responsible for reporting or responding to sexual harassment who knew about the harassment and took no action to stop it or failed to report the prohibited harassment also may be subject to disciplinary action. Conduct by an employee that is sexual harassment or retaliation in violation of this policy is considered to be outside the normal course and scope of employment.
Because sexual harassment frequently involves interactions between persons that are not witnessed by others, reports of sexual harassment cannot always be substantiated by additional evidence. Lack of corroborating evidence or “proof” should not discourage individuals from reporting sexual harassment under this policy. However, individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth, may be subject to disciplinary action under the applicable University disciplinary procedure (Procedures, Appendix II: University Disciplinary Procedures). This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by an investigation.
As participants in a public university, the faculty and other academic appointees, staff, and students of the University of California enjoy significant free speech protections guaranteed by the First Amendment of the United States Constitution and Article I, Section I of the California Constitution. This policy is intended to protect members of the University community from discrimination, not to regulate protected speech. This policy shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression. The University also has a compelling interest in free inquiry and the collective search for knowledge and thus recognizes principles of academic freedom as a special area of protected speech. Consistent with these principles, no provision of this policy shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state anti-discrimination laws.
The federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) also investigate complaints of unlawful harassment in employment. The U.S. Department of Education Office for Civil Rights (OCR) investigates complaints of unlawful harassment of students in educational programs or activities. These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties. For more information, contact the nearest office of the EEOC, DFEH or OCR listed in the telephone directory.
Additional information on harassment and complaint procedures may be found at §2.05(E) (University of California Procedures for Responding to Reports of Sexual Harassment).
Berkeley Lab is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, the Laboratory will not tolerate harassment in violation of the Laboratory’s policies against its employees or employees performing services for the Laboratory by anyone, including any supervisor, co-worker, vendor, client, customer, or any third party.
Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person’s protected status, such as sex (see §2.05(E) (University of California Procedures for Responding to Reports of Sexual Harassment) or other protected status as defined in the Laboratory’s “Nondiscrimination” policy, above.
Berkeley Lab will not tolerate harassment that affects tangible job benefits, interferes unreasonably with an individual’s work performance, or creates an intimidating, hostile, or offensive working environment. Such harassment may include, for example, making or using derogatory comments, epithets, slurs or jokes, or teasing or badgering about a person’s protected status.
The complaint procedure for harassment as defined in this section is the same as for sexual harassment and may be found in RPM §2.05(E) (University of California Procedures for Responding to Reports of Sexual Harassment).
This policy also prohibits retaliation against a person who reports harassment, assists someone with a report of harassment, or participates in any manner in an investigation or resolution of a harassment report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.
Consistent with its status as a Federally-funded institution, the Laboratory undertakes affirmative action for minorities and women, for persons with disabilities, and for covered veterans as required by Federal law.[5]
Consistent with its Affirmative Action obligations and all other operative legal requirements, the Laboratory’ affirmative action program includes implementation of policies, practices and procedures to ensure that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment at the Laboratory.
The Laboratory provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled, and need assistance to perform the essential functions of their position. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.
The interactive process is an ongoing dialogue between the employee and appropriate representatives of the Laboratory about possible options for reasonably accommodating the employee’s disability. Options may include, but are not limited to, a modified work schedule, a leave of absence, reassignment, modified equipment, assistive devices, modification of existing facilities, and restructuring the job. Both the Laboratory and the employee are expected to participate in the interactive process.
During the interactive process the Laboratory considers information related to: the essential functions of the job, functional limitations, possible accommodations, the reasonableness of possible accommodations, and implementation of a reasonable accommodation. This information will be used by the Laboratory to determine what, if any, reasonable accommodation will be made.
University and Laboratory procedures provide further guidance on the implementation of the interactive process.
The employee is responsible for providing medical documentation to assist in understanding the nature of the employee’s functional limitations. When necessary, the Laboratory may require that the employee be examined by a Laboratory-appointed licensed healthcare provider. In such a case, the Laboratory shall pay the costs of any medical examinations requested or required by the Laboratory.
Any employee who becomes disabled may be selected for a position that has not been publicized (see Paragraph (C)(3)(a)(vii) (Recruitment) below).
The Laboratory will recruit from within and outside its workforce to obtain qualified applicants. Every good-faith effort is made to inform and recruit qualified applicants in conformance with the objectives as set forth by the Laboratory Affirmative Action Compliance Plan. The duties and responsibilities of the vacant position and the qualifications necessary to perform those duties and responsibilities are identified before recruitment begins.
It is the goal of the Laboratory to maximize the opportunity for the promotion of qualified career employees to positions either in their current division or elsewhere in the Laboratory and to encourage career employees to apply for open positions that would further their career development. It is important that each supervisor emphasize the right of the employee to apply for promotion opportunities; however, the employee is responsible for doing so.
Recruiting requirements for a career position as defined in this policy apply when the need for a term appointment extends beyond the maximum term of five years. For information regarding scientific term appointments, including postdoctoral fellows, see RPM §2.07 (Professional Research Staff).
4. Selection
The selection decision must be based on the match of the applicant’s
qualifications against the job requirements and essential duties defined
in the posting and position description.
5. Special Hiring Circumstances
California state law requires work permits for all persons under age 18 who have not yet graduated from high school. Individuals under the age of 18 who have been awarded a certificate of proficiency pursuant to Section 48412 of the California Education Code do not need a work permit. Persons under age 16 will not be employed unless specific approval is obtained from the Head of the Human Resources Department. When a person under age 18 is hired or assigned to work in areas where background radiation exceeds natural radiation, the Human Resources Center, in consultation with the hiring division or department, will contact the Environment, Health and Safety Division for final clearance.
In most cases, the background check must be completed before the candidate begins employment. Adverse information found on any of the above may result in the withdrawal of the job offer.
If programmatic needs require that the candidate begin employment prior to the completion of the background check, continued employment is contingent upon successful completion of the background check.
In the event there are diverging opinions among the hiring supervisor, division/department management, and Human Resources on how to proceed as a result of adverse information, the Head of Human Resources will make the final decision on the action to be taken.
Employment of foreign nationals must be in accordance with federal law and the regulations of the U.S. Bureau of Citizenship and Immigration Services. Employment of students [Graduate Student Research Assistants (GSRA) and student assistants] must also be in accordance with the student’s educational institution’s requirements. Determination of the work eligibility status of a non-immigrant will be made by the Laboratory’s International Researchers and Scholars Office (IRSO). IRSO will also make the job offer to non-immigrants when authorized by the Human Resources Center.
Foreign nationals with permanent resident status do not require IRSO review.
Recruitment policies as stated in this Paragraph (C) above apply to employment of foreign nationals.
All new employees are required to complete the “Employee Report of Exposures” form in Health Services. In some cases, Health Services may recommend restrictions on an employee’s work assignment or activities, and advise the division director or department head and the Head of the Human Resources Department, who will be jointly responsible for working out with the employee, an alternative to deal with the restrictions, if possible. See RPM 1.12(A)(1) (Laboratory Occupational Medical Program/Medical Surveillance) for additional information on medical services and requirements.
The Laboratory employee medical program requires pre-placement, post-employment physical examinations for all new employees when required by government regulations. Current positions requiring a pre-placement, post-employment physical may be found here. When a pre-placement physical is required, the offer of employment is subject to the applicant’s passing those portions of a physical examination pertinent to the position.
With the exceptions noted below, all new career employees and term employees hired with an initial appointment of more than one year must work a probationary period of six months, during which their work performance and general suitability for Laboratory employment are carefully evaluated.
Individuals hired into term appointments for one year or less and career employees who transfer from another University of California employer without a break in service need not serve a probationary period.
Individuals hired into Research Scientist/Engineer (Career-track), Staff Scientist/Engineer (Career-track), Divisional Fellow, and Senior Staff Scientist/Engineer, and Distinguished Scientist/Engineer appointments do not serve a probationary period. See RPM §2.07 (Professional Research Staff).
Employees who are rehired after a break in service, whether or not they previously completed a probationary period, must serve a new probationary period unless they are hired in a classification that they previously held and for which they completed a probationary period.
Employees who were originally hired into term appointments and subsequently accept a career position in the same classification, are not required to serve a probationary period if their term appointment lasted at least one year and they received at least a “satisfactory” ratingon the annual performance evaluation.
An employee who is required to serve a probationary period and who has worked in a limited appointment immediately preceding the career appointment shall have up to 1,000 hours on pay status, exclusive of on-call and overtime hours, credited toward completion of the probationary period, provided that the credited time was served in the same position and with the same supervisor that the employee had immediately prior to the career appointment.
The supervisor is responsible for monitoring the progress and performance of probationary employees throughout the probationary period.
The supervisor must provide the employee with written documentation of the employee’s progress at least once during the probationary period. This progress report will normally take place close to the midpoint of the probation period.
If, at any point in the probationary period, the employee is not meeting expectations, the supervisor, in consultation with the HR Center, must advise the employee that she or he is not meeting expectations, and confirm this advice in writing, that she or he is not meeting expectations.
If the employee does not show improvement after being advised in writing that she or he is not meeting expectations (Paragraph ii, above), the supervisor will consult with the HR Center regarding release the employee, with the concurrence of the Manager, Labor Employee Relations, in accordance with RPM 2.21(C) (Release of Limited, Rehired Retiree, Student Assistant, and Probationary Appointees).
Under unusual circumstances, the employee’s probationary period may be extended with the concurrence of the division director and the Head of the Human Resources Department. Such an extension will be for a specific period oftime not to exceed three months of work in the position. The employee will be informed in writing of the reasons for and the period of extension.
The probationary period is completed following six months of continuous service at one-half time or more without a break in service or through any extension (except as noted above for employees who have worked in a limited appointment prior to beginning a career appointment). Time on leave with or without pay will extend the probationary period.
An employee who satisfactorily completes the probationary period will be notified in writing by the supervisor that full career employee status has been attained.
All new employees must attend a New Employee Orientation and Safety Training during their first month of employment. The new employee must complete additional safety training thatis required based upon potential hazards associated with the position and in compliance with Laboratory safety training requirements.
7. Links to Additional Information and Resources for Recruitment and Selection
See RPM §11.08(N) (Non-Laboratory Personnel) for information on payment of travel costs for the purpose of a personal interview of an applicant.
See RPM §11.01(F) (Laboratory-Hosted (Funded) Meetings/Authorization).
See RPM §4.02 (Relocation) and §4.03 (Shipment of Household Goods) for information on allowable relocation costs.
All employees must sign the Laboratory’s patent agreement. See RPM §5.03 (Patents) for additional information.
A career appointment is an appointment established at a fixed percentage of time at 50 percent or more of full time for an indefinite period.
In addition, a limited appointment shall be designated as a career appointment when the incumbent has attained 1,000 hours of qualifying service in any 12 consecutive months without a break in service of at least 120 consecutive calendar days. Qualifying service includes all time on pay status in one or more limited appointments withinthe University of California system. On-call and overtime hours shall not be included as pay status hours when computing qualifying service. Such career designation shall be effective the first of the month following attainment of 1,000 hours of qualifying service.
Some University of California faculty members have dual employment between a campus of the University and the Laboratory. Their appointment as faculty at the Laboratory is contingent upon their campus faculty appointment and is subject to UC Academic Personnel Policy. See RPM §2.07(C)(9) (Appointments of University of California Faculty).
Visiting faculty are members of the faculty of non-University of California colleges and universities. They are eligible for benefits, vacation, or sick leave in accordance with their appointment type. See RPM §2.07(C)(11) (Visiting Faculty and Visiting Researcher).
This policy applies to appointees and incumbents in the University of California Senior Management Group (SMG) and positions designated as Upper Laboratory Management, collectively referred to as Laboratory Management or Laboratory Managers. The positions covered by this policy are found on the Lawrence Berkeley National Laboratory Management Positions list.
Appointees and incumbents in positions designated as Laboratory Management have responsibility for defining overall Laboratory policy and direction. Laboratory Managers are appointed by and serve at the discretion of the Regents, the President of the University of California, or the Laboratory Director, as appropriate. All such appointments are at will and may be terminated at any time with or without cause.
The following policies do not apply to positions designated as Laboratory Management due to the at will nature of such appointments.
Appointees entering Laboratory Management positions who hold Laboratory scientific staff appointments (see RPM §2.07 (Professional Research Staff)) will retain that parallel classification while serving as Laboratory Managers. In addition, Laboratory Managers will, when appropriate, be considered (using normal Laboratory procedures) for entrance into or advancement in such parallel scientific classifications.
When an incumbent's appointment in a position designated as Laboratory Management is terminated, he or she will be returned to the appropriate parallel Laboratory scientific classification, held or attained.
If a decision is made to also terminate an appointee’s parallel scientific classification, the applicable provisions of RPM policies §§2.05 (Management/Employee Relations), 2.07 (Professional Research Staff), and 2.21 (Terminations) must be followed.
Additional employment policies for positions included in the University Senior Management Group may be found in Personnel Policy for Staff Members Appendix II. Additional employment policies for positions included in the Upper Laboratory Management Series may be found in RPM §2.27 (Upper Laboratory Management).
Term appointments apply to staff hired to work on a specified project of clearly limited duration for six months to five years. If the initial appointment is between six and twelve months, the individual must be on a fixed 100% schedule. If the initial appointment is one year or more, the appointment must be fixed at 50% time or more. Time spent in term appointments is cumulative and may not exceed five years. Time spent in Postdoctoral Fellow appointments is excluded from the five-year limit. For information regarding scientific term appointments, including postdoctoral fellows, see RPM §2.07 (Professional Research Staff).
Term appointments are made by a hiring manager after a thorough search for suitable candidates or as otherwise provided by Laboratory policy. (See also Paragraph (C)(3)(b) (Recruitment), above.)
In order for an employee in a scientific non-career track term appointment to move to a career appointment, they must apply and compete for a career position. For information regarding scientific career-track term appointments, see RPM §2.07 (Professional Research Staff).
Term appointees are covered by all Laboratory policies, with the following exceptions:
A limited appointment is an appointment established at any percentage of time, fixed or variable, that is expected to continue for less than 900 hours in a 12-month period. See also Paragraph (D)(1) (Types of Appointments/Career).
Graduate student research assistants (GSRAs) must be registered graduate students of the University of California, and eligible for a Graduate Student Researcher appointment on their campus. University of California rules and regulations pertaining to graduate students in the various disciplines normally apply. GSRAs work a fixed percentage schedule and receive a flat monthly salary in accordance with their campus department policies. They are also eligible to receive fee remissions, including health insurance benefits, and non-resident tuition as determined by the University of California policies and as implemented for graduate student researchers on the individual campuses.
Student assistants may work up to 50% time during their academic year and 100% time during the summer and other significant academic breaks. They may be appointed to fixed or variable time schedules.
Student assistant salaries are based on their academic progress. Increases are allowed on the achievement of the next academic milestone as indicated on the student salary table and with written confirmation by the supervisor that the student’s performance is satisfactory. Student assistants are paid bi-weekly.
Student assistants are not eligible for UC employee health and welfare benefits nor are they eligible for membership in the University of California Retirement System. Student assistants are covered by the Laboratory’s Workers’ Compensation program.
Student assistants do not accrue vacation or sick leave.
Student assistants appointed to a fixed time schedule at 50% or more earn holiday pay prorated according to RPM §2.10(C)(2) (Holidays/Holiday Pay Policy for Part-Time Employees/Fixed Hours).
A student assistant is not eligible to use the Laboratory’s Complaint Resolution Policy to challenge termination of his/her appointment.
Student assistant positions do not need to be posted.
Incumbents in rehired retiree appointments are employees who have retired from the Laboratory, or any University of California location including the UC-managed Department of Energy laboratories. Conditions of employment must be consistent with any restrictions imposed by the retirement system and in accordance with guidelines for rehiring retirees issued by the University of California Office of the President. Incumbents in rehired retiree appointments work a variable schedule, and the appointment may be of any length.
Employee eligibility for benefits may be found at the University
of California, Human Resources and Benefits Web site and in RPM
§§2.08 (Vacation Leave), 2.09
(Sick Leave), 2.10
(Holidays), 2.12
(Leave of Absence Without Pay), 2.13
(Family Care and Medical Leave), and 2.14
(Military Leave).
___________________
Footnotes: