LEAD EQUAL EMPLOYMENT OPPORTUNITY

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1 LEAD EQUAL EMPLOYMENT OPPORTUNITY HUMAN RESOURCES 2012 Kieffer Gaddis

2 TOPICS OF DISCUSSION 2 Equal Employment Opportunity Personnel Decisions Affected Affirmative Action EEO at 50 EEO Compliance Employment Preferences Priority Reemployment Rights Non-Selection Rationale Grievance Options EEO Charge

3 3 EQUAL EMPLOYMENT OPPORTUNITY Public policies/practices enacted to ensure fair and equitable treatment of all applicants/employees in the rendering of any personnel-related decision Requires that all such decisions be based solely upon job-related criteria Prohibits discrimination based upon gender, race, national origin, religion, age, disabling condition, military obligation, or genetic information

4 PERSONNEL DECISIONS AFFECTED 4 Recruitment and selection of new employees Selection of current employees for either transfer, promotion, reassignment (for fiscal purposes), reduction-in-force, training and career development opportunities Establishment of pay rates (including salary adjustments and annual salary increases)

5 PERSONNEL DECISIONS AFFECTED 5 Benefits (insurance eligibility, leave administration, etc.) Performance evaluations Administration of disciplinary policies and terminations for cause

6 AFFIRMATIVE ACTION 6 Proactive efforts undertaken by an employer to achieve equal employment opportunity in all personnel decisions and to encourage diversity at every level of its workforce

7 AFFIRMATIVE ACTION 7 Examples include: Advertising language (EOE) Targeted advertising (La Noticia, Charlotte Post) Supervisory training (LEAD, Diversity) Not Quota-Based

8 EEO AT 50 8 Equal Pay Act (1963) Title VII of the Civil Rights Act (1964) Executive Order (1965) Age Discrimination in Employment Act (1967)

9 EEO AT 50 9 Rehabilitation Act (1973) Vietnam Era Veterans Readjustment Assistance Act (1974) Pregnancy Discrimination Act (1978) Immigration Reform and Control Act (1986)

10 EEO AT Americans with Disabilities Act (1990) Civil Rights Act (1991) Uniformed Services Employment/Reemployment Rights Act (1994) Genetic Information Nondiscrimination Act (2008)

11 EQUAL PAY ACT (1963) 11 Prohibits gender discrimination in compensation for jobs that require: Equal Skill Equal Effort Equal Responsibility Similar Working Conditions

12 12 TITLE VII OF THE CIVIL RIGHTS ACT (1964) Prohibits employment discrimination based upon: Gender Race National Origin Religious Beliefs or Practices

13 EXECUTIVE ORDER (1965) 13 Requires affirmative action based on race, color, religion, and national origin Amended later to add gender and age as protected classes Posting of equal employment notices

14 EXECUTIVE ORDER (1965) 14 Requires advertisements to state EOE or Equal Opportunity Employer Requires filing of annual reports with DOL Requires an annual written affirmative action plan that includes goals and timetables

15 15 AGE DISCRIMINATION IN EMPLOYMENT ACT (1967) Prohibits use of a person s age in the rendering of employmentrelated decisions

16 16 AGE DISCRIMINATION IN EMPLOYMENT ACT (1967) Protected status begins at age 40 Protected status ends at age? Includes age harassment

17 REHABILITATION ACT (1973) 17 Prohibits employment discrimination against the disabled in any institution receiving federal funds Recipients of government contracts must take affirmative action in employment and advancement of employees with disabilities Invite persons with disabilities to apply in job postings

18 REHABILITATION ACT (1973) 18 Recruit qualified disabled employees Establish reasonable qualifications Develop a written affirmative action program for the disabled Requires equal access for students with disabilities

19 VIETNAM ERA VETERANS READJUSTMENT ASSISTANCE ACT (1974) 19 Notify State employment services of job openings Amended in 2003 to include open access for any vacancy of duration greater than three days (including non-student temporary openings)

20 VIETNAM ERA VETERANS READJUSTMENT ASSISTANCE ACT (1974) 20 Must be able to perform job with or without reasonable accommodations Requires formal submission of a report with the government (Federal and State)

21 21 PREGNANCY DISCRIMINATION ACT (1978) Established as an amendment to Title VII of the Civil Rights Act of 1964 Prohibits employment discrimination on the basis of pregnancy, childbirth, or any related condition Must receive the same treatment as other applicants or employees on the basis of their respective ability or inability to perform required work assignments

22 22 IMMIGRATION CONTROL & REFORM ACT (1986) Unlawful for employers to hire undocumented workers Mandates record keeping procedures for the hiring of all employees, including US citizens, regardless of the size of the employer

23 23 IMMIGRATION CONTROL & REFORM ACT (1986) I-9 verification is required to assure proper work authorization Prohibits hiring discrimination on the basis of an employee s national origin or citizenship status

24 24 AMERICANS WITH DISABILITIES ACT (1990) Prohibits discrimination based on disability in employment, public service, public accommodations, telecommunications, and transportation Physical or mental impairment that substantially limits one or more of the major life activities Walking Hearing Speaking Seeing Breathing Thinking Concentrating

25 25 AMERICANS WITH DISABILITIES ACT (1990) Record of past impairment Regarded as having an impairment Limits who can be classified as disabled (must be permanent) Ensures disabled candidates receive equal opportunity in competing for positions

26 26 AMERICANS WITH DISABILITIES ACT (1990) Must be able to perform essential job functions with or without reasonable accommodations Reasonable: job restructuring, modified work schedules, adjustments in work area and equipment, transfer of responsibilities, providing readers/interpreters, etc.

27 27 AMERICANS WITH DISABILITIES ACT (1990) Requires an employer with 15 or more employees to provide reasonable accommodation for individuals with disabilities, unless it would cause undue hardship. Undue Hardship Factors: nature and cost, employer s overall financial resources (size, number of employees, type and location of facility), impact on the operation of the facility

28 CIVIL RIGHTS ACT (1991) 28 Amendment to Civil Rights Act of 1964 Authorizes the award of compensatory and punitive damages in cases of intentional discrimination Secures attorney s fees for victims of intentional discrimination Authorizes the use of jury trials Directs the EEOC to expand its technical assistance and outreach activities

29 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (1994) 29 Prohibits employment discrimination based upon an applicant s or employee s past, current, or future military obligations Requires employers to grant unpaid leave of absence of up to five (5) years to any employee serving in uniformed services

30 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (1994) 30 Entitled to reinstatement to former position with same seniority and benefits Except for cause, cannot be terminated within one year of reemployment if served more than 180 days If served 30 but less than 181 days, cannot be terminated within first 180 days except for cause

31 31 GENETIC INFORMATION NONDISCRIMINATION ACT (2008) Prohibits discrimination on the basis of genetic information with respect to eligibility for employment and health insurance

32 32 GENETIC INFORMATION NONDISCRIMINATION ACT (2008) Includes: An individual s genetic tests Genetic tests of family members Family medical history Participation in clinical research Fetal or embryonic information (DNA, RNA, chromosomal, protein analysis, etc.)

33 33 GENETIC INFORMATION NONDISCRIMINATION ACT (2008) Not information related to drug/alcohol screen results or to factors pertaining to gender/age Not relevant to current ability to work

34 EEO COMPLIANCE 34 Identify and select the person who best meets previously identified selection criteria for each position Be consistent in all employment/personnel decisions Treat every applicant and employee in a similar manner

35 35 EXAMPLES OF COMPLIANCE ACTIVITIES Open advertising of all positions Post closing dates Centralize application review process Prepare interview questions in advance of receipt of referral group

36 36 EXAMPLES OF COMPLIANCE ACTIVITIES All hiring decisions based solely upon the knowledge, skills, and abilities required of the specific position (job-related selection criteria) Salary administration practices aligned with existing internal equity considerations

37 37 EXAMPLES OF COMPLIANCE ACTIVITIES HR review of selection documentation prior to extension of employment offer I-9 and E-Verify requirements for all employees On-going supervisory training (LEAD, Targeted Selection, etc.)

38 EMPLOYMENT PREFERENCES 38 Priority Reemployment Affirmative Action (Under-Representation) Veteran s Preference Current State Employee (Promotional opportunities only)

39 39 APPLICATION OF EMPLOYMENT PREFERENCES Individuals with preferences should be offered a position over individuals without a preference if the individuals are otherwise equally qualified Does not require lesser qualified candidates to be offered positions (Goals vs. quotas)

40 Application of Employment Current State Employee Preferences vs. External Candidate Veteran Applicant vs. Non-Veteran Applicant Priority Reemployment vs. Current State 40

41 PRIORITY REEMPLOYMENT RIGHTS 41 Reduction-in-Force Candidates (SPA) Compete only against other state employees Must meet minimum qualifications and be able to perform job duties without unreasonable training efforts Must be offered position if meets above criteria

42 NON-SELECTION RATIONALE 42 Must be provided for all candidates referred for employment consideration Must make reference to job-related selection criteria only Interviewed, Not Selected Referred, Not Interviewed

43 GRIEVANCE OPTIONS 43 University State EEOC DOL OFCCP Civil Suit

44 EEO CHARGE 44 Claimant files a charge Selection Documentation First Defense Fact Finding Interviews held Specifics of charge are identified Records requested/reviewed Documentation reviewed by third party not associated with the University

45 CONTACTS 45 Kieffer Gaddis x Tracy Worthey x Jeanne Madorin x7-0659