Affirmative Action:What hiring managers need to know

Office for Equity and Inclusion

Equal Opportunity vs. Affirmative ActionEqual Opportunity

• Began in 1964• Race, color, religion, sex,

national origin, age, disability, veteran status, pregnancy, (VT includes sexual orientation and political affiliation)

Affirmative Action• Began in 1965• Executive Order 11246

– Race, color, religion, sex, national origin

• Section 503, Rehab. ActVeterans’ statues– Disabled Veterans

– Other Protected Veterans

– Armed Forces Services Medal Veterans

– Recently Separated Veterans

Equal Opportunity vs. Affirmative Action

Equal Opportunity• Laws prohibit treating

people differently based on some prohibited characteristic

• Laws cover most employers in the U.S.

• Passive and prohibitory in nature

Affirmative Action• Laws prohibit

discrimination but also require positive steps to ensure EEO

• Cover only Federal contractors and subcontractors

• Active in nature

Federal Contractor Status

• What makes a company a federal contractor?– Doing business with the federal government either

· Directly (prime contractors), or· Indirectly through a prime contractor (subcontractors)

Subcontractor must comply with prime contractor’s EO/AA policies

– Three types of requirements· Equal opportunity clause ($10k over 1 yr.)· Veterans reporting (VETS-100) ($100k over 1 year)· Affirmative action plan ($50k +50 or more employees)

EO and AA policies apply to …• Recruitment• Hiring• Upgrading• Demotions• Transfer• Layoff• Termination• Rate of Pay• Training opportunities• Accessibility

Affirmative action does not require…..

• Quotas – quotas are illegal under federal affirmative action guidelines

• Hiring less qualified or unqualified candidates

• Preferential treatment for women, people of color or individuals with disabilities

• Forgoing the principals of merit in favor of mediocrity

Affirmative Action Program• What you must do

- Federal contractors must take “affirmative action”· Affirmative action = taking positive action to

ensure equal employment opportunity- Requires a program (“plan” documents efforts of the

program· Policies and procedures (narrative, action)· Outreach and recruitment (narrative, action)· Workforce monitoring, analyses and reporting

narrative, statistics and action)

Different types of AA Programs• Disability & Veteran Focused – Section 503 of the

Rehabilitation Act of 1973, as amended, and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended, require Federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to disability or status as a Vietnam era or “special disabled” veteran.

• Theses plans do not include utilization analysis or goal setting

Different types of AA Programs

• Executive Order 11246 Plans – Prohibits discrimination in employment decisions on the basis of race, color, religion, sex or national origin.

• Also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employments. Contractors must identify and analyze potential problems in the participations and utilization of women and minorities in the contractor’s workforce.

• When deficiencies exist, hiring goals must be set

What are Goals?• Goals are flexible targets based on realistic

hiring expectations• Statistical calculations are conducted to analyze

hiring patterns• Goals are developed when deficiencies exist• Deans/VP areas must develop action oriented

programs to help the university meet its hiring goals

Conducting Affirmative Searches

• Conduct targeted outreach to women, minorities, individuals with disabilities and covered veterans

• Make good faith efforts to consider and advance in employment applicants form underrepresented groups

• Educate yourself and search committee members on areas of unintentional bias

• Evaluate candidates fairly and consistently• Review Questions to Ask and Not to Ask• Involve diverse constituents in the screening and

selection process• Hire the best qualified candidate

Affirmative Retention EffortsHiring managers must:

· Work to maintain work environments free from harassment and discrimination

· Address and respond to any potential climate issues· Employ fair promotion practices· Allow equal access to training and development

opportunities· Consult with appropriate administrative offices when

situations occur

Consequences of Non-Compliance

• Possible outcomes after a federal audit- For significant violations

· Notice of violations/conciliation agreement· Show cause notice

• Possible Sanctions- Canceling current contracts- Long- or short-term debarment from future contracts- Fines or penalties not authorized

Where do I go for more information?• Office for Equity and Inclusion – Administers affirmative

action program, provides training on equal opportunity/affirmative action issues, monitors faculty search process, provides investigation of complaints of discriminations

• ADA Coordinator – Consults with faculty, staff, and departments on ADA issues, provides training, administers the reasonable accommodations policy

• Human Resources – Oversee staff hiring process, provides guidance on affirmative recruitment strategies for staff