Division of Institutional Diversity Office of Equal Opportunity

Division of Institutional Diversity Office of Equal Opportunity

Guidelines for Equal Opportunity and Affirmative Action Employment Practices

Dr. Rosalyn Green Director of Equal Opportunity March 2014

INSTITUTIONAL DIVERSITY

Office of Equal Opportunity

Dr. Rosalyn Green, Director Equal Opportunity/Title IX Coordinator

408 Whitehurst

Stillwater, OK 74078

Phone 405-744-9153

Fax 405-744-5576

Dear Administrative Officers,

As Administrative Officers, you play an important role in monitoring compliance with and disseminating information about OSU’s non-discrimination and affirmative action policies and procedures. Together, we can help ensure that all our employment activities fulfill the University’s commitment to equal employment opportunity.

As an employer of choice, it is essential that we attract, hire, and promote from a talented and diverse labor market. This manual is designed to provide guidance regarding your responsibilities, compliance procedures, search and selection processes, affirmative action and equal opportunity regulations and related areas. In addition to providing this manual as a resource, the Office of Equal Opportunity is available to support and assist you. Please contact us whenever you have questions, need information, or assistance.

Again, thank you for your energy, commitment, and assistance. You help make a difference.

Sincerely,

Dr. Rosalyn Green

create / innovate / educate / Go STATE

DISCRIMINATION AND HARASSMENT PREVENTION

Ø  OSU Notice of Non-discrimination

Ø  Title IX Poster and Title IX Brochure

Ø  Complaint Process

Ø  Workshops

Ø  Assurances

Ø  Laws and Orders that Govern Non-discrimination, Equal Opportunity, and Affirmative Action

ACCOMMODATION

Ø  Faculty and Staff Disability Accommodations

Ø  Faculty and Staff Religious Accommodations

AFFIRMATIVE ACTION

Ø  Affirmative Action in Brief

Ø  Affirmative Action Plan

RECRUITMENT

Ø  Advertising

Ø  Composition of Hiring Committee

Ø  Hiring Committee Process Resources

Ø  EEO Statement in Advertising

Ø  Deadlines for Advertising for Exempt Positions

Ø  Interview Process

Ø  Voluntary Information Request

Ø  Guidelines on Requests to Waive the Open Recruitment Process for Exempt Staff

APPENDIX

Ø  Appendix A: Employment Guidelines for the Disability Accommodation Process

Ø  Appendix B: Employment Guidelines for the Religious Accommodation Process

Ø  Appendix C: Advertising through Affirmative Action Resources

Oklahoma State University is committed to ensuring equal opportunities for all faculty, staff, and students. Specifically, OSU policy states that the University does not discriminate on the basis of race, color, national origin, sex, disability, ethnicity, religion, sexual orientation, veterans’ status, or age. See Oklahoma State University Policies and Procedures 1-0101.

Federal regulations require all education institutions that receive federal financial assistance to include a notice of non-discrimination in widely disseminated materials produced by the institution. The federal guidance regarding this requirement can be found at http://www2.ed.gov/about/offices/list/ocr/docs/nondisc.html.

In accordance with this policy, OSU’s Office of Equal Opportunity requests that you include the following statements in your handbooks, catalogs, calendars, and other widely distributed materials. Please note that although there is no font size requirements in the regulations, this text should be legible. Often, this notice is included on the back inside cover at the bottom of the page of larger documents.

In addition to the notice requirement outlined above, it is a best practice to post notice of the University’s Title IX policy prohibiting gender discrimination and sexual harassment where other employment notices are posted. The current Title IX poster and brochure can be found here.

Revised October 2013

OSU can promote enforcement of the University’s non-discrimination policy by providing ready access to informal and formal channels for bringing grievances, in accordance with Oklahoma State University Policies and Procedures 1-0702.

The Office of Equal Opportunity encourages all faculty, staff, and students, who believe that they have been discriminated against or harassed to complete the complaint form or call the Office of Equal Opportunity at 744-9153 to discuss their concerns.

The complaint process is outlined in the OSU policy and explains the entire process in full.

OSU can also promote enforcement of the University’s commitment to non- discrimination by encouraging all staff and faculty to participate in workshops regarding the requirements of the non-discrimination policy. The Director of Affirmative Action provides regularly scheduled workshops through Human Resources. Information regarding regularly scheduled workshops can be found here.

Beginning in Fall 2010, Sexual Harassment Policy training will be available online.

The Director of Affirmative Action is available to provide workshops for your Unit, upon request, please email for more information.

Available Workshops include:

·  Sexual Harassment Awareness;

·  Sexual Harassment Awareness for Graduate Assistants;

·  Gender Discrimination Awareness;

·  Supervisor’s Sexual Harassment Awareness: How to Appropriately Respond to Complaints;

·  Employment Discrimination Awareness;

·  Disability Accommodations in the Workplace;

·  Respect for Diversity; and

·  Generational Differences in the Workplace.

Revised October 2013

Some grants and other externally-funded programs, require an assurance statement from the University attesting that the University does not discriminate, and follows federal civil rights laws. These assurances are typically in a pre-drafted document, that require a signature. If your grant or program requires such an assurance, please contact the Director of Affirmative Action for assistance.

Civil Rights Act of 1964 (Title VII)

Title VII of the Civil Rights Act of 1964 (Title VII) was the first significant employment discrimination law and remains the cornerstone of federal anti-discrimination legislation. Title VII prohibits discrimination in employment on the basis of an individual’s race, color, religion, sex (including sexual harassment) or national origin. Title VII applies to employers who employ 15 or more employees and are engaged in an industry affecting commerce. The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcement of Title VII.

Presidential Executive Order 11246

EO 11246, issued by President Lyndon Johnson in 1965 (as amended by Executive Order 11375) prohibits discrimination on the basis of race, color, religion, sex or national origin by all federal contractors and subcontractors. An employer with contracts of $50,000 and fifty or more employees must develop and implement written Affirmative Action Programs (AAP). The federal contracting agencies and the Office of Federal Contracts Compliance Programs (OFCCP) monitor compliance with the Executive Order. Employers who are found not to be in compliance may face the termination of contracts, be barred from future contracts, and be required to pay significant fines or come to conciliation.

Vietnam Era Veterans’ Readjustment Assistance Act of 1974

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 creates an additional protected class of qualified “special disabled veterans” and “veterans of the Vietnam era.” The Secretary of Labor has authority to enforce the Act. Federal contractors meeting the same dollar and employee thresholds as govern Executive Order 11246 also must develop an AAP for covered veterans. The components of this veterans’ AAP are not as extensive as those under the Executive Order. Most significantly, the veterans’ AAP does not require the extensive and complex statistical analyses that are at the core of an AAP developed under the Executive Order.

Revised October 2013

Rehabilitation Act of 1973

The Rehabilitation Act of 1973 requires covered federal contractors with contracts of

$10,000 or more to take affirmative action with respect to qualified individuals with disabilities. The Department of Labor is assigned the task of enforcing the Rehabilitation Act. Contractors meeting the Executive Order dollar and employee threshold must develop an AAP for disabled individuals. The required narrative portion of an AAP for disabled individuals is almost identical to that of a veterans’ AAP.

Equal Pay Act

This act forbids employers from paying different wages to men and women who are performing equal work. Generally, the work of two employees is considered equal when both jobs require equal skill, effort, and responsibility, and are performed under similar working conditions. EPA also applies to labor unions.

Age Discrimination in Employment Act (ADEA)

Prohibits employers with 20 or more employees from discriminating against workers or job applicants who are 40 years of age or older.

Americans with Disabilities Act

Prohibits discrimination against individuals with disabilities in employment, public service, public accommodations, and telecommunications. The employment provisions of ADA apply to employers engaged in commerce that have 15 or more employees.

Revised October 2013

The EEOC states in its Compliance Manual “[t]itle I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.” Please see Appendix A for extensive OSU guidance and approved forms to use with staff and faculty members requesting employment accommodations for a disability.

All student requests for accommodations should be routed to Michael Shuttic at the Office of Student Disability Services, 405.744.7116 voice and TTY.

The EEOC states in its Compliance Manual that “[t]itle VII protects workers from employment discrimination based on their race, color, religion, sex, national origin, or protected activity. Solely with respect to religion, Title VII also requires reasonable accommodation of employees’ sincerely held religious beliefs, observances, and practices when requested, unless accommodation would impose an undue hardship on business operations. Undue hardship under Title VII is defined as “more than de minimis” cost or burden -- a substantially lower standard for employers to satisfy than the “undue hardship” defense under the Americans with Disabilities Act (ADA), which is defined instead as “significant difficulty or expense. The prohibition on discrimination and the requirement of reasonable accommodation apply whether the religious views in question are mainstream or non-traditional, and even if not recognized by any organized religion. These protections also extend to those who profess no religious beliefs.”

The Equal Employment Opportunity Commission also provides further guidance on religious accommodations. In addition, the EEOC has a Q&A section and a Best Practices Guide regarding religious accommodations.

For research regarding religious accommodations in the workplace please click here.

Please see Appendix B for the Staff Religious Accommodation Request Form to use with staff members requesting employment accommodations for the religious beliefs.

Revised October 2013

Federal affirmative action regulations and University policy requires the Office of Equal Opportunity to develop and maintain a written affirmative action program covering staff, faculty, and all other academic employees. According to the federal regulations, “an affirmative action program is a management tool designed to ensure equal employment opportunity.”1 The central premise of the federal affirmative action requirements is that absent discrimination, over time, the demographic profile of employees generally will reflect the gender, racial, and ethnic profile of the pools from which the employer recruits and selects. Building a diverse pool of applicants is one of the best methods of recruiting women, minorities, and individuals with a disability. Broadening the pool of highly qualified applicants generally offers the opportunity to include candidates from underrepresented groups. Moreover, by building a diverse pool of applicants, the effectiveness of the Affirmative Action Program at Oklahoma State University will be enhanced.

OSU is fully committed to the concept and practice of equal opportunity and affirmative action in all aspects of employment. OSU’s Affirmative Action Plan is organized in compliance with several federal and state laws, executive orders, and implementing regulations. In 1965, President Johnson signed Executive Order 11246 requiring federal contractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin.

The phrase "members of minority groups" refers to the legal definition of minority groups provided by the federal government. For the purposes of compliance with the Executive Order, the term “minority” is defined by the federal government to include Black, Hispanic, Alaskan Native or American Indian, and Asian or Pacific Islander, consistent with 41 C.F.R. 60-3.4.

Equal employment opportunity and affirmative action are integral elements of a contractor's, here OSU’s, agreement with the government. Note that organizations and companies without qualifying federal grants or contracts are not covered by affirmative action regulations.

As a federal contractor, OSU is required to have a written affirmative action compliance plan. The plan must include identification and analysis of problem areas, the establishment of goals and timetables, and specific result-oriented action items designed to attain goals. For more information, and a copy of OSU’s Affirmative Action Plan, please contact the Director of Affirmative Action at 744-9153.

1 41 C.F.R. 60-2.10(a)(1).

Revised October 2013

PeopleAdmin includes an optional question regarding how an applicant became aware of a job position, for example, whether they read about it on the internet. This information is very helpful to the Office of Equal Opportunity in assessing resource allocation for advertisement. We would request you to include this optional question in all your postings on PeopleAdmin.

Hiring departments are responsible for placing the job announcement for faculty, administrative/professional, and classified positions in the media sources they determine to be the most likely reviewed by individuals possessing the interest, skills, and qualifications needed by an incumbent of the particular position. In addition to the media outlets selected as advertising locations by the hiring department, representatives in Human Resources and the Office of Equal Opportunity take action to announce the job vacancy via resources they have available.

Broad advertising of positions is a key tool to maximize a search committee’s pool of potential applicants, including underrepresented applicants. Therefore, in addition to the advertising your search committee is undertaking, for all exempt staff positions, the Office of Equal Opportunity places announcements on or with higheredjobs.com, American Association of Hispanics in Higher Education (AAHHE), Oklahomateachingjobs.org, Tedjob.com (Top Higher-Education Jobs), Oklahoma Job Link, and Association of Public and Land-Grant Universities (http://www.aplu.org). For more information on other advertising sources please see Appendix C.