University and Laboratory procedures provide further guidance on the implementation of the interactive process. _____
This policy is applicable to all employee classifications: career, term, faculty, postdoctoral fellow, visiting researcher, limited, rehired retiree, graduate student research assistant (GSRA), and student assistant. This policy is also applicable to any person seeking employment at Lawrence Berkeley National Laboratory (the Laboratory).
The Laboratory policy also prohibits retaliation against any employee or person seeking employment for bringing a complaint of discrimination or harassment pursuant to this policy. This policy also prohibits retaliation against a person who assists someone with a complaint of discrimination or harassment, or participates in any manner in an investigation or resolution of a complaint of discrimination or harassment. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment.
Information regarding applicable policies and procedures for resolving complaints of discrimination and harassment and for pursuing available remedies is available in the divisional Human Resources Centers.
The Laboratory is committed to creating and maintaining a community in which all persons who participate in Laboratory programs and activities can work together in an atmosphere free from all forms of harassment, exploitation, or intimidation, including sexual. Specifically, every member of the Laboratory community should be aware that the Laboratory is strongly opposed to sexual harassment and that such behavior is prohibited by law and by Laboratory policy. It is the intention of the Laboratory to take whatever action may be needed to prevent, correct, and, if necessary, discipline behavior that violates this policy.
Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature; and 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 Laboratory will respond to reports of any such conduct.
Sexual harassment may include incidents between any members of the Laboratory community, including faculty or nonemployee participants in Laboratory programs, such as vendors, contractors, and visitors. 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 will 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. While romantic relationships between members of the Laboratory 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[3] if it is sufficiently severe to deny or limit a person’s ability to participate in or benefit from Laboratory 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 environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the Laboratory 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 Laboratory’s commitment to providing a harassment-free working and learning environment, the Nondiscrimination and Harassment Policy will be disseminated widely to the Laboratory community through publications, Web sites, new employee orientations, and other appropriate channels of communication. Educational materials will be available to all members of the Laboratory community, to promote compliance with this policy and familiarity with Laboratory reporting procedures. In addition, the Laboratory has designated employees responsible for reporting sexual harassment and will provide training to those designated employees. Generally, such persons include supervisors, managers, and HR staff. The Laboratory has posted a copy of this policy in a prominent place on its Web site.
Any member of the Laboratory 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 may also file a complaint or grievance alleging sexual harassment under the applicable Laboratory 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 Laboratory will 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 Laboratory 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, or other appropriate interventions. Any member of the Laboratory 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 Laboratory disciplinary procedure (Procedures, Appendix II: University Disciplinary Procedures) or other Laboratory policy. Generally, disciplinary action will be recommended when the harassing conduct is so sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits the opportunity to participate in or benefit from Laboratory 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 may also 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 Laboratory 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 antidiscrimination 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. 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 or DFEH 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).
The Laboratory is an affirmative action/equal opportunity employer. The Laboratory undertakes affirmative action for minorities and women, for persons with disabilities, and for covered veterans.[4]
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.
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 health care 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 (E)(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).
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.
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 §11.02 (Conferences [Hosted, Co-Hosted or Travel To]).
See RPM §4.01 (Relocation Policy) for information on allowable relocation costs.
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 within the 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 Senior Management Group (SMG) Human Resources Policies. 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).
If a term employee is on an approved paid or unpaid leave of absence for one month or longer, his or her appointment may be extended by the length of the leave but only up to one year beyond the five-year maximum.
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 (E)(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 (F)(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 nonresident tuition as determined by the University of California policies and as implemented for graduate student researchers on the individual campuses.
Employees who have retired from the Laboratory, or any University of California location , including the UC-managed Department of Energy laboratories, may be re-employed by the Laboratory as a Rehired Retiree in accordance with the provisions of the UC Re-employment of UC Retired Employees Into Senior Management Group and Staff Positions policy.The following sections are highlights from the policy.
The Internal Revenue Code imposes restrictions on the timing of the distribution of benefits to participants in defined benefit plans such as UCRP. Generally payments are permitted when an employee retires or attains normal retirement age. Otherwise, retirement benefits should remain in the plan so they will be available to provide support to participants after they cease working.
Normal retirement age under UCRP means age 60 with a minimum of 5 years of University and Laboratory service credit for all other members. Once an employee attains normal retirement age, the IRS no longer is concerned about an employee’s access to retirement funds because those funds were intended to be available at that age.
Re-employment must be as a result of Laboratory need, such as the Retired Employee possesses skills and institutional knowledge that the hiring department cannot otherwise obtain with equal cost effectiveness, the hiring department anticipates a prolonged process for hiring a replacement, or the hiring department anticipates that the Retired Employee will assist a replacement to acquire necessary skills and knowledge.
For situations in which a Retired Employee is re-employed on a temporary basis into a career position (such as the same position held before retirement or another vacant career position), the job must be posted and a search begun within 30 days of the vacancy being created and a minimum 30-day recruitment must be held.
A Retired Employee must not be re-employed until there has been a break in service of at least 30 days, but preferably 90 days.
Due to potential Medicare complications and to minimize situations where individuals draw a retirement benefit and another UC income simultaneously, this policy requires that Retired Employees be re-employed with an appointment of no more than 43% during any 12-month period.
Re-employment in one or multiple positions must not exceed at total of 12 months. Extensions beyond 12 months may be requested.
A Retired Employee who is receiving UCRP monthly retirement income, but agrees to suspend the payments, may be re-employed temporarily as a Rehired Retiree, or re-employed in a career appointment or term appointment subsequent to an appropriate recruitment and break in service, without being subject to the policy restrictions in sections (c)(i), (c)(iii), and (c)(iv) above, but is subject to section (c)(ii). is
A Retired Employee who took a lump sum cashout may be re-employed temporarily as a Rehired Retiree and is subject to the policy restrictions in sections (c)(i)–(iv) above.
A Retired Employee may not be employed as a contract worker from a temporary worker agency. A Retired Employee may be employed as a consultant if they are either employed by a consulting agency or own their own business. A Retired Employee may be a consultant for the Laboratory after they have not worked during the previous rolling 12-month period.
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).
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Footnotes:
Printed
. The official or current version is located in the online LBNL Requirements and Policies Manual.
Printed or electronically transmitted copies are not official. Users are responsible for working with the latest approved revision.