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This law prevents an employer from firing or refusing to hire any individual based on their status as a victim of domestic violence and prevents discrimination in compensation or in the terms, conditions or privileges of employment. Binghamton University will not make inquiries about a job applicant's current or past domestic violence victimization, and employment decisions will not be based on any assumptions about or knowledge of such exposure. In cases in which it is identified that an employee's work performance difficulties are a result of being a victim of domestic violence, said employee shall be afforded all of the proactive measures outlined in this policy, and shall be provided clear information about performance expectations, priorities, and performance evaluation.
If a disciplinary process is initiated, special care will be taken to consider all aspects of the victimized employee's situation.
Victim: The person against whom an abuser directs coercive and/or violent acts. Employee Awareness Binghamton University shall take all reasonable actions to educate employees regarding the effects of domestic violence, ways to prevent and curtail violence, and methods to report such violence to authorities.
It is the policy of Binghamton University that information on domestic violence and available resources shall be posted and, if necessary, replaced or re-posted annually in areas where other employment policies and information are traditionally posted.
Therefore, Sara De Clemente-Hammoud, Senior Associate Director of Human Resources and Labor Relations, will consult with the employee to identify what documentation she/he might have, or be able to obtain, that will not compromise his/her safety-related needs and will satisfactorily meet the documentation requirement of the employer.
Because there are confidentiality issues associated with the submission of documentation in these instances, Binghamton University may choose to consult with the Attendance and Leave Unit at the Department of Civil Service when questions arise. Employees who are victims of domestic violence and who separate from a spouse (or terminate a relationship with a domestic partner, if covered), shall be allowed to make reasonable changes in benefits at any time during the calendar year where possible, in accordance with statute, regulation, contract and policy. NYS has established that victims of domestic violence are now a protected class in the employment provisions of the NYS human rights law.
Phil., The Graduate Center, The City University of New York, 1998M.
A., Hunter College, The City University of New York, 1998B.
Workplace Safety Plans By means of a domestic violence workplace safety response plan, Binghamton University shall make employees aware of their options and available resources and help employees safeguard each other and report domestic violence to designated officials. The designated liaison between Binghamton University and SUNY System Administration is Sara De Clemente-Hammoud, Senior Associate Director of Human Resources and Labor Relations This liaison will ensure campus wide implementation of this policy, and serve as the primary liaison with System Administration regarding this policy.
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If there are any questions or concerns regarding the leave that must be granted to victims or subpoenaed witnesses, contact Sara De Clemente-Hammoud, Senior Associate Director of Human Resources and Labor Relations, or the Attendance and Leave Unit at the Department of Civil Service. Binghamton University, upon request, will assist the employee in determining the best use of his/her attendance and leave benefits when an employee needs to be absent as a result of being a victim of domestic violence.
If an employee requests time off to care for and/or assist a family member who has been a victim of domestic violence, Binghamton University will evaluate the employee's request for leave for eligibility under existing law and collective bargaining agreements applicable to the employee and the attendance rules. Binghamton University understands that victims of domestic violence may lack the required documentation or have difficulty obtaining the required documentation to justify absences without compromising their safety.
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APA Monitor, Special Quarterly CE Edition, 44(2), 60-67.