Elements of Affirmative Action

Affirmative Action - Equal Opportunity Overview Statement

Discrimination, and the prejudice, from which it results, may be deeply ingrained within our culture. Attempts to merely prevent discrimination can result in the implementation of superficial equality. While such practices may meet the letter of the law, they do not meet the spirit of federal and state legislation or the courts' interpretation of these mandates.

An action plan will implement policies and programs that promote equal opportunity in regard to all protected groups. Affirmative action must occur, not only in the employment phase of its operation, but also within its internal organizational structure and in its educational programs. A good plan acknowledges that employment and education outcomes may be intertwined, and promotes the presence of varying racial and ethnic backgrounds and disabilities in order to develop in students the multicultural attitudes and awareness that our laws intend to promote.

Equal Opportunity

A good action plan affirms the right of every person to participate in all aspects of employment without regard to race, color, creed, religion, sex, national origin, marital status, age, disability, sexual orientation, status with regard to public assistance, or membership or activity in a local commission as defined by law. In accordance with all applicable laws, directives and regulations of federal, state, and local governing bodies, and will provide appropriate opportunity to all persons, including disabled veterans, without regard to mental or physical disability.

All action plans involve:

Continuing involvement in the recruitment of members of protected groups, with special emphasis on minorities.

Continuing affirmative action training for supervisory employees and search committee members.

Involving supervisors and search committees in the development and application of affirmative action plan.

Continuing the support of the Affirmative Action Committees and include its recommendations in the Affirmative Action Plan.

Supporting the hiring of a protected group candidate whose qualifications are evaluated as the strongest for specific vacancies or whose qualifications are comparable to those of the highest-ranking candidate.

Provide leadership in ensuring a positive working environment free from all forms of discrimination to help retain protected class members.

Successfully managing diversity in the workforce is essential to the future competitive position of the College and to an effective Affirmative Action Program. Managing diversity requires valuing employees for their individual contributions and how they differ from one another. In addition: the importance of a positive environment cannot be overstated. A positive, inviting work environment can make the difference between a candidate selecting our College and staying once hired. By the Provosts taking a leadership role on promoting a positive work environment the college can better retain staff members of protected class status.

A HISTORICAL PERSPECTIVE OF AFFIRMATIVE ACTION

A brief overview of some of the crucial legislation and executive orders impacting University affirmative action and equal employment opportunity are summarized below.

Executive Order 10925
The first official use of the term affirmative action was in a 1961 provision that was required to be included in all federal government contracts: "the contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship".

Title VII of the Civil Rights Acts of 1964
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the grounds of race, color, religion, sex, or national origin. It applies to all employers, including colleges and universities, public or private, that have at least fifteen employees.

Title VII of the Civil Rights Act of 1964 sets forth requirements for employers to change personnel practices with regard to the hiring of protected class members and bars discrimination in employment. The strength of Title VII, however, is in providing grounds for lawsuits by people who feel they have suffered from discriminatory employment policies. For example, "plaintiffs who charge an employer with so-called disparate impact practices must demonstrate a statistical gap between the composition of the company's work force and that of the labor pool from which it is drawn . Further, plaintiffs must show that a specific company practice or group of practices, such as interview procedures or written tests caused the difference."

Executive Order 11246 as amended by Executive Order 11375
Executive Order 11246 issued by President Johnson in 1965, required that all discriminatory practices toward current employees and applicants be eliminated by federal contractors. The executive order recognized that existing civil rights laws required the elimination of discriminatory practices, but that non-discrimination was not enough to provide inclusion of all citizens into the U S workforce. Executive Order 11246 instructed contractors to develop positive action, aimed at undoing the grossest inequities of past discrimination, a schedule for how such actions were to take place, and an honest appraisal of what the plan would be likely to yield. Affirmative action goals, then, were to be accompanied by timetables intended to serve as gauges for assessing progress toward the stated goals. The intent in setting hiring goals for affirmative actions was to articulate where the organization was going, and to be able to assess whether it was getting there. For purposes of establishing a chronology, 1971 is generally seen as the beginning of the application of numerical workforce goals and timetables to the academic environments. Vocational Rehabilitation Act of 1973 Section 503 of the Vocational Rehabilitation Act of 1973 requires that federal contractors with contracts in excess of $2,500 shall take affirmative action to employ and advance in employment qualified individuals with disabilities. This act forbids federal contractors from discriminating in employment decisions on the basis of physical or mental handicaps. It is enforced by the Office of Federal Contract Compliance Programs/Department of Labor (OFCCP), and the Office for Civil Rights/ Department of Health and Human Services (OCR).

Revised Order 4
Revised Order 4, which was issued by the U.S. Department of Labor, Office of Contract Compliance Programs (OFCCP). It outlines the essential elements of an affirmative action plan Revised Order 4 states that an affirmative action plan should minimally contain a policy statement, dissemination techniques, responsibility for implementation, utilization analysis, goals and timetables, action oriented programs, and internal audit and reporting systems.

Veterans Readjustment Act of 1974
Section 402 of the Veterans Readjustment Act of 1974 requires that federal contractors take affirmative action to employee and advance in employment qualified disabled veterans and veterans of the Vietnam era. This act forbids federal contractors from discriminating in employment decisions on the basis of veteran status. The Office of Veterans Reemployment Rights/Department of Labor, and the Veterans Employment Services/Department of Labor enforces it.