Non Discrimination, Non Harassment, and Military Recruiting Policies

Non-Discrimination
Berkeley Law and its Career Development Office (CDO) are committed to principles of nondiscrimination and equality of opportunity and firmly expect that employers who interview or hire Berkeley Law students, mentors who work with the Berkeley Law community, offsite hosts, and those who engage with our students will observe such principles and model good behavior.

We do not make our services, interviewing facilities, or jobs posting database available to employers who discriminate on the basis of national origin, race, religion, sex, sexual orientation, gender (including identity and expression), disability, age, or any other basis prohibited by applicable law.  The sole exception is the military, despite its ban of transgender individuals.  The reason we are forced to recognize this exception is explained in the Military Recruiting section below.

Harrassment
Our expectations that our students will be treated professionally, respectfully, and free from discrimination and harassment extend to offsite student internships, mentorship activities, and other events regardless of whether they are taking place in person, over the phone, or online. 

Examples of unprofessional activity include:

  • Using sexual innuendos, making jokes of a sexual nature, commenting about a person’s physical appearance, or asking inappropriately personal questions.
  • Physical touching without expressed verbal consent, including repeatedly standing too close to or brushing up against a person.
  • Assigning work duties based on gender, age, or disability and not based on merit.

It is also important to ensure that the real or perceived authority of your employees or mentors is not used in a way that would make a student feel the need to engage in unwanted activity to receive future academic or employment benefits. Examples include:

  • Asking a student (who may be counting on you for work, a special project, a recommendation, a reference, etc.) for a date, a personal phone number, or to engage in off-duty activities one-on-one.
  • Emailing, texting, posting on social media messages of a personal affection, requesting to socialize and/or date, or sending inappropriate pictures.

The University of California’s Policy on Sexual Violence and Sexual Harrassment applies to all interactions with our students, whether on or off campus and employers, mentors, and others who engage with Berkeley Law students in any capacity are expected to be familiar – and fully comply — with its provisions as well as those contained in the University of California’s Nondiscrimination Policy.   

If you see or hear of behavior that violates this expectation, you are encouraged to intervene, speak up, or contact the CDO Assistant Dean, Terrence Galligan, at tgalligan@berkeley.edu or Denise Oldham, Title IX Officer and Director, Office For The Prevention Of Harassment and Discrimination, at ask_ophd@berkeley.edu.  

Thank you for supporting our students’ academic and professional development endeavors by building and maintaining respectful relationships.

Military Recruiting
The Career Development Office and Berkeley Law believe that all law students should have equal access to all who interview on campus, and any employer who discriminates based on invidious characteristics, including gender identity, should not be able to have the advantages of using law school facilities.

However, under a federal law (known as the Solomon Amendment), which was upheld by the U.S. Supreme Court in 2006, CDO has no choice but to allow the U.S. military to participate, despite its discriminatory policies excluding transgender people from service.  Under the Solomon Amendment, if the military were banned from recruiting on campus, Berkeley Law and UC Berkeley would face the loss of significant federal funding.  Foregoing these funds would not only directly affect the cost and quality of our students’ educations, but would also affect, for example, government-supported scientific research conducted at the University that could lead to cures to life-threatening illnesses.

The military’s participation in on-campus recruiting should not be misconstrued as a sign of support for the military’s personnel policies.  To the contrary, CDO and Berkeley Law remain committed to the principle of equal opportunity for all persons and to respecting the gender identity of every student.