Aspire – April 2012 EEO Compliance Kieffer Gaddis Human Resources

1. Aspire – April 2012 EEO Compliance Kieffer Gaddis Human Resources

2. Class Objectives • Discuss concepts of Equal Employment Opportunity and Affirmative Action as they relate to recruitment and selection • Introduce employment laws governing all recruitment and selection activities • Provide understanding of University recruitment and selection procedures and responsibilities • Discuss employment preferences (AA, Veterans, Current State Employee-Promotional, RIF)

3. What is the goal of Recruitment and Selection? • To attract, identify, and select the candidate that most closely matches the job-related criteria for a specific position. • How do we achieve that objective?

4. What is Equal Employment Opportunity? • Public policy designed to assure fair and equitable treatment of all applicants and employees in the rendering of any personnel-related decisions

5. Personnel Decisions Affected • Recruitment and selection of new employees • Selection of current employees for promotion, transfer, demotion (for fiscal reasons), reduction-in-force, training, and career development opportunities • Establishment of pay rates (including salary adjustments and/or annual salary increases) • Performance evaluations • Administration of disciplinary policies and/or terminations for cause • Benefits Administration (including leave)

6. How does EEO Compliance affect recruitment and selection? • Ensures that all candidates have an opportunity to compete for positions on an equitable basis • Requires all selection criteria to be job-related • Requires statistical demographic information to be collected on every applicant pool

7. What does UNC Charlotte do to ensure compliance? • Positions are posted with closing dates • Centralized application process • Preparing job-related selection criteria • Preparing job-specific interview questions prior to receipt of referred candidates • Using work samples that accurately reflect the skills currently used on the job • Written documentation prepared justifying applicant selection and non-selection

8. What is Affirmative Action? • Proactive efforts undertaken by an employer to assure equal employment opportunity in all personnel actions • Used to encourage diversity at every occupational level in the workplace • Most importantly: Not quota-based

9. Examples of Affirmative Action Efforts • Advertising language soliciting applications from minority groups (e.g.: Women, minorities, and persons with disabilities are encouraged to apply; EOE/AA) • Targeted advertising in media that is directed towards under-represented minority groups (e.g.: La Noticia, Charlotte Post) • On-going supervisory training

10. Employment Laws shaping EEO • Equal Pay Act of 1963 • Title VII of the Civil Rights Act of 1964 • Executive Order 11246 (1965) • Age Discrimination in Employment Act (1967) • Rehabilitation Act (1973) • Vietnam Veterans Readjustment Act (1974) • Pregnancy Discrimination Act (1978) • Civil Service Reform Act (1978) • Immigration Control & Reform Act (1986) • Americans with Disabilities Act of 1990 • Civil Rights Act of 1991 • USERRA of 1994 • Genetic Information Nondiscrimination Act (2008)

11. Equal Pay Act of 1963 • Prohibits gender discrimination in the payment of wages to individuals (working in the same establishment) who perform duties that require: • Equal skill (experience, ability, education) • Equal effort (physical or mental exertion) • Equal responsibility (degree of accountability) • Equal working conditions (physical environment, hazardous circumstances)

12. Title VII of the Civil Rights Act of 1964 • Prohibits employment discrimination based upon: • Race • Gender • Religious Beliefs or Practices • National Origin

13. Executive Order 11246 (1965) • Requires affirmative action based upon gender, race, religion, and national origin • Requires posting of EEO notices • Requires position advertisements to state: ‘Equal Opportunity Employer’ or ‘EOE’ • Requires a written Affirmative Action plan which includes goals and timetables • Requires annual report to be filed with DOL

14. Age Discrimination in Employment Act (1967) • Prohibits the use of a person’s age in the rendering of any employment decision • Includes age harassment • Applies to apprenticeship programs, job notices/advertisements, pre-employment inquiries, and benefits administration • Age 40 - ?

15. Vocational Rehabilitation Act (1973) • Prohibits employment discrimination against the disabled in institutions receiving federal funding • Requires affirmative action efforts/plans in the employment and advancement of the disabled • Invite persons with disabilities to apply for job listings • Must establish reasonable employment qualifications

16. Vietnam Veterans Readjustment Act (1974) • Requires listing of job openings with State employment services (ESC) • Applies to employers receiving federal funding • Applicants must be able to perform job duties with or without reasonable accommodations • Requires a written report to be submitted to State and Federal government

17. 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 medical conditions • Must receive same treatment as other applicants or employees based upon their ability or inability to perform required work assignments

18. Civil Service Reform Act (1978) • Applies to federal applicants and employees • Prohibits discrimination based upon an attribute or conduct that does not adversely affect work performance • Marital status • Political affiliation • Sexual orientation • ‘Whistle blowing’ or for exercising an appeal, complaint, or grievance right

19. Immigration Reform & Control Act (1986) • Unlawful for employers to hire unauthorized aliens • Mandates record keeping procedures for all employees, including US citizens, regardless of the size of the employer • Requires I-9 verification to ensure proper work authorization • Prohibits employment discrimination based upon an employee’s national origin or citizenship status

20. Americans with Disabilities Act (1990) • Prohibits discrimination based upon disability in employment, public services, public accommodations, public transportation, and public telecommunications • Applies to both physical and mental impairments that substantially limit one or more major life activities • Applicants must have a record of past impairment or be regarded as having such impairment

21. Americans with Disabilities Act (cont.) • A qualified applicant or employee with a disability is an individual who can perform the essential job functions with or without reasonable accommodations • Reasonable accommodations may include: • Making facilities readily accessible • Job restructuring, modifying work schedules • Acquiring/modifying equipment, adjusting training materials, or providing qualified readers or interpreters

22. Civil Rights Act (1991) • Modified interpretation of original Civil Rights Act to include: • Jury trials • Payment of attorney fees • Monetary damages in cases of intentional employment discrimination

23. Uniformed Services Employment and Reemployment Rights Act (1994) • 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’ • Entitled to reinstatement to former position with same seniority and benefits • Cannot be terminated except for cause within one year of reemployment if served more than 180 days. If served 30 but less than 181 days, cannot be terminated except for cause within first 180 days

24. GeneticInformation Nondiscrimination Act (2008) • Prohibits discrimination on the basis of genetic information with respect to eligibility for employment and health insurance. • Includes: an individual’s genetic tests; those of family members; family medical history; participation in clinical research; fetal or embryonic information (DNA, RNA, chromosomal, protein analysis, etc.) • Does not cover: information related to alcohol/drug screen results or to factors pertaining to gender or age. • Not relevant to ‘current’ ability to work • Includes harassment based upon genetic information.

25. What is the role of HR in the Recruitment and Selection processes? • Advertise positions and accept applications • Screen and refer ‘best qualified’ candidates • Document non-referral rationale for others • Review selection documentation and prepare salary offer • Maintain records and statistical data

26. What is the Supervisor’s role in the Recruitment and Selection processes? • Prepare job description that accurately reflects the duties and responsibilities, as well as, the knowledge, skills, and abilities (KSA’s) required of the position • Initiate recruitment activities with the submission of a recruitment requisition • Prepare selection criteria prior to receipt of referral group • Prepare interview questions based upon selection criteria • Treat each applicant equally • Document hiring decision • Maintain confidentialities

27. Interview Tips • Keep questions limited to job-related subjects • Ask open-ended questions to encourage communication (Tell me about…, Describe a situation where…, etc.) • Take notes • Use work samples • Don’t schedule too many interviews for the same day • Seek contrary evidence • Try to avoid sounding too positive during the interview • Treat all applicants equally

28. Employment Preferences • An individual possessing an employment preference should be offered a position over an individual without a preference if the individuals are otherwise equally qualified for the position • Preferences should be considered only after an evaluation of qualifications has been completed • Types of preferences: • Affirmative Action • Veteran’s • Current State Employee • Priority Re-employment (RIF)

29. Examples of Preferences • Affirmative Action-Used in underutilized areas • Veteran’s-Applies to individuals who actively served in the military during certain time periods. Also applies to individuals disabled during active duty, surviving spouses, and the dependents of individuals disabled or killed during active duty • Current State Employees-Applies in promotional situations • Priority Re-employment-Applies to reduction-in-force (RIF) candidates

30. Non-Selection Rationale • Selected candidate is more competitive with respect to the job-related criteria • Doesn’t articulate experience/qualifications as well as other candidates (communication skills) • Expresses less interest in position than other candidates • Weak performance in other positions • Appears too negative towards current job situation

31. HR Contacts • Kieffer Gaddis 0670 • Tracy Worthey 0668 • Robyn Flowers 0667 • Herlicia Blakely 0669 • Jeanne Madorin 0659 • Cindy Edwards 0658 • Paulette Douglas 0660