SOUND BUSINESS PRACTICES AND RESPONSIBILITIES FOR

EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION FOR STAFF

HRD Revised 12/02

PRESENTED BY THE HUMAN RESOURCES DEPARTMENT UNIVERSITY OF CALIFORNIA, SAN DIEGO

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Presentation Overview

• Law & Policy

• Federal Contractor Responsibility

• Human Resources Practices Related to Affirmative Action Responsibilities

• Individual Accountability & Stewardship

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“University of California Ends Affirmative Action”

July 1995

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“University of California Ends Affirmative Action Ban”

May 17, 2001

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What The Law andUC Policy Say

 

Sound Business Practices and Responsibilities for

Equal Employment Opportunity and Affirmative Action for Staff

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Equal Employment Opportunity

A System of Practices That Guarantees, by Law,the Same Employment Opportunities to All Regardless of Their...

Race, Gender,National Origin, Color,Disability, Religion, Veteran Statusand Other Factors

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Affirmative Action

Proactive Measures for:Ensuring the Implementation of EEO Remedying the Effect of Past Discrimination

Affirmative Action is Undertaken for Certain Groups:FemalesBlacks, Hispanics, Asians, American IndiansPeople with DisabilitiesCovered Veterans

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Underutilization

A condition where fewer women or people of color exist in a job group than would reasonably be expected by their availability in the job market

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Goals

A set of measurable, attainable targets voluntarily set by the contractor to increase the representation of women and people of color in areas where they are underutilized

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Diversity

A general term for indicating that many differences are present in an organization

Refers to Culture, Race, Ethnicity, Language, National Origin, Gender, Age, Disability, Religion, Sexual Orientation, etc.

Cultural Competence: The Ability to Interact Effectively in a Culturally Diverse Environment

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EO/Affirmative Action/Diversity

AffirmativeAction Program

(Mandatory)(Mandatory)*Action-oriented Programs*Action-oriented Programs

*Goals and Timetable*Goals and Timetable*Good Faith Efforts*Good Faith Efforts

*Policies and Regulations*Policies and Regulations*Progress Monitoring*Progress Monitoring

*Equal Opportunity Equal Opportunity *Fairness*Fairness

*Nondiscrimination*Nondiscrimination

Diversity/Cultural

Competence

The UCSD Principles

of Community

(Voluntary)(Voluntary)*Acceptance*Acceptance

*Courtesy*Courtesy*Conflict Resolution*Conflict Resolution

*Education*Education*Inclusion *Inclusion

*Professionalism*Professionalism*Tolerance*Tolerance

*Understanding*Understanding*Respect*Respect*Synergy*Synergy

*Value*Value

*Productivity*Productivity*Harmony*Harmony*Decency*Decency*Civility*Civility

Means Action End

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Federal Laws & Targeted Groups

  

 

Targeted Groups Non-Discrimination Affirmative Action

People of Color Title VI, Title VII Executive Order 11246

Women Equal Pay Act, Title VII Executive Order 11246

People with Disabilities Americans with Disabilities Act

Vocational Rehabilitation Act, 1973

Covered Veterans Vietnam Era Veteran’s Readjustment Assistance Act of 1974Section 503 of the Rehabilitation Act of 1973, as amended

Vietnam Era Veteran’s Readjustment Assistance Act of 1974Section 503 of the Rehabilitation Act of 1973, as amended

Age Age Discrimination in Employment Act of 1967Age Discrimination of 1975Executive Order 11141

 

Other – Race, Gender, Color, Religion, National Original

Title VII  

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State Law and UC Resolutions

 

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Implementation of Proposition 209

•Continue outreach activities to enhance diversity of applicant pools

•Ensure that professional development programs are not exclusionary

•Continue implementation of UCSD’s Affirmative Action Plan

•Continue identifying underutilization

•Monitor personnel activities, e.g., the selection process and performance

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UC Nondiscrimination Statement

Prohibits discrimination against or harassment of any person employed by or seeking employment with the University on the basis of:

•Race, color, national origin, ancestry•Sex•Physical or mental disability•Medical condition (cancer-related or genetic characteristics)•Veteran status•Citizenship•Other factors, e.g., age, religion, marital status, sexual orientation, etc.

Undertakes affirmative action for:

•Underrepresented people of color and women•People with disabilities•Covered veterans

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What It Means To Be A Federal Contractor

 

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•Recruitment –

•Ensure job announcements are accessible to all applicants

•Consider Underutilization, target outreach to recruit diverse applicant pools

•Selection – Select the best qualified candidate based on job requirements

•Promotion/Reclassification – Provide opportunities for employees to compete in a fair and consistent manner

•Separation/Layoff – Make decision based on fairness and in accordance with applicable policies and regulations

Responsibilities of Managers and Supervisors

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EEOEEO AAAA GOALGOAL

People of Color……………… People of Color………………

Females……………………… Females………………………

People with Disabilities……. People with Disabilities…….

Covered Veterans…………Covered Veterans…………

Other Factors (e.g., age)…..Other Factors (e.g., age)…..

EEO/AA Requirements

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Federal Monitoring Agencies

•Equal Employment Opportunity Commission (EEOC)

•Office of the Federal Contract Compliance Programs (OFCCP)

•U.S. Commission on Civil Rights

Types of Sanctions

•Conciliation Agreement

•Consent Decree

•Debarment

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News

United States Department of Labor

“UC San Diego To Pay $608,400 To 28 Individuals In Federal Equal Employment Opportunity Settlement.”October 21, 1994

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“There has not been sufficient involvement or accountability at the management level with regards to efforts to meet departmental affirmative action goals as required by 41CFR 60-2.13 (g).”

Letter from the Department of Labor to Chancellor Dynes, May 9, 2000, concluding the SIO audit

Headline

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Good Faith Efforts for Supervisors and Managers

•Communicate EEO/AA commitment and EEO Policy to all employees

•Ensure all employment practices are nondiscriminatory

•Recognize employees for making good faith efforts in EEO/AA

•Ensure reasonable accommodations for disabled employees

•Promote staff development

•Take appropriate and timely action when dealing with complaints

•Attend workshops to enhance knowledge in EEO/AA

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“Your establishment (SIO/UCSD) has been selected for a compliance review under Executive Order 11246, as amended..”

Letter from the Department of Labor to Chancellor Dynes, August 23, 1999

Job Description, Classification and Compensation

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Federal Law Requires

Equal payment for substantially equal SkillEffortResponsibilityWorking Conditions

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Job Analysis

• Uniform Guidelines on Employee Selection Procedures

• Relationship between selection procedures and job performance

• Validation begins with job analysis

• A properly completed job description provides a job analysis

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Job Description Uses

• Classification

• Recruitment and selection

• Planning orientation and training programs

• Performance management

• Planning career ladders

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Department Head Responsibilities

• Identify essential functions

• Identify knowledge, skills, abilities and other qualifications required for successful performance

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Good Faith Efforts

• Ensure employee understanding– Reclassification process– Classification criteria

• Equal access to training and work experience

• Analyze reclassification patterns• Set salaries in fair/equitable manner• Attend classes

The Hiring Process

EQUAL OPPORTUNITY

Plan Source Screen Interview Reference Assess Select

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Equal Opportunity in Hiring

• Access

• Fairness

• Consistency

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The Hiring Process

• Planning

– Establish a recruitment plan to achieve hiring objectives

– Provide guidance to all stakeholders– Identify the recruitment criteria– Reduce possibility of unintentional

discrimination– Manage the process

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The Hiring Process

• Sourcing

– Avoid artificial barriers that limit the potential pool

– Cast a wide net– Allow time to generate sufficient applicants– Participate in getting the word out

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The Hiring Process

• Screening

– Use the same set of qualifications for all resumes

– Consider transferable skills

– Apply a consistent standard to reduce the size of the qualified pool

– Be aware of your own pre-conceptions and assumptions

– Use a structured format that matches skills to qualifications

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The Hiring Process

• Interviewing

– Prepare key questions that asks for examples of performance

– Emphasize open-ended questions

– Look for accomplishments

– Ask follow up questions. Probe

– Maintain consistency in format and questions

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The Hiring Process

• Reference Checking

– Prepare key questions that asks for examples of performance

– Emphasize open-ended questions– Look for accomplishments– Ask follow up questions. Probe– Maintain consistency in format and questions

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The Hiring Process

• Assessment

– Use all information about the candidate– Be aware of pre-conceptions, comfort level and

assumptions, your own and those of other interviewers

– Use a structured assessment format, i.e., matrix

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The Hiring Process

• Hire Decision

– Consider total experience, organizational fit and worker traits

– Consider salary history, internal equity, market and budget when setting salary

– Consider a background check for critical positions

– Confirm a verbal offer in writing

– Complete the process by notifying unsuccessful candidates and HR of the outcome

EQUAL OPPORTUNITYPlan Source Screen Interview Reference Assess Select

Performance Management

Performance Management

A joint process which involves both

supervisor and employee in identifying common

goals (correlated to the higher goals of the

organization) resulting in the establishment of

written performance expectations later used as

measures for feedback and for performance

appraisal.

--Rogers Davis, AVC Human Resources, UCSD

Job Description & Essential FunctionsStrategic Plan & Annual Goals

Standards of Performance

Observation & Feedback

Performance Appraisal

Performance Development

Performance ManagementKey Components

Job Descriptionand Strategic Plan

Describe essential functions and annual goals

Relate goals to essential functions

Standards Ongoing feedback Performance appraisal Performance

development planning

Yield basis

Standards of Performance

Written statements of “how well”

Job-related, not person-related

Realistic, specific, measurable, consistent, challenging, understandable and dynamic

UCSD Standards

UCSD Principles of Community

Diversity

Health and Safety

Customer Service

Observation and Feedback

Essential Valued Ongoing

Let employees know ~ feedback

Give feedback close to event

Describe specific work-related behaviors/results

Ask for input Let employees

know about impact

Performance Appraisal

Process ~ assessing and developing employee’s work performance

Summarizes how well employee performed essential functions and goals

Preparing, writing, delivering or conducting and producing feedback

Employee Performance Development

Sustains, improves, builds performance Used at different times in process Integrates supervisor’s role

Assess, inform, refer, guide, develop Draws on organizational resources

New Employee Orientation Educational benefits Departmental training programs

Summary of Good Faith Effortsfor Performance Management

Maintain up-to-date job descriptions

Establish standards of performance

Provide ongoing feedback Provide constructive

performance appraisals Promote training &

development Inform employees of

internal staff development opportunities

Encourage staff to develop career plans -- acquire K/S

Encourage staff to participate on committees & teams

Consider using departmental resources to create internships

Allow staff to apply for internships

Provide mentoring on the job

Participate in Performance Management course

Layoff

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LAYOFFKey Points for Consideration

All department practices involving employees are to be made in a fair and impartial manner. Layoff actions are not appropriate mechanisms for resolving employee performance problems.

• Determine the new organization with respect to type and number of positions needed based on either lack of funds, lack of work or reorganization.

• Determine the need for layoffs from current career positions.

• Determine the affected employee(s) in accordance with the respective layoff policies/articles.

• Coordinate the process with an Employee Relations Specialist in the Human Resources Department.

• Comply with obligations of rehire rights (preference and recall) of each employee.

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SUMMARY OF GOOD FAITH EFFORTS FOR LAYOFF PROCESS

• Be knowledgeable of and observe University policies, contractual and legal procedures.

• Focus on position, not the individual.• Review alternatives to layoff, such as reassignment,

transfer, elimination of limited appointments and/or casual restricted positions, reduction in time and temporary layoff.

• Provide support to affected employee(s).

Corrective Action

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CORRECTIVE ACTIONKey Points for Consideration:

• Set attainable standards of performance with each employee understanding work assignments and expectations.

• Inform employees of their rights and responsibilities.• Treat all employees in a fair and equitable manner.• Attempt to equitably resolve employee complaints as

quickly as possible.• Consult with an Employee Relations Specialist in

Human Resources prior to taking any type of corrective action.

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SUMMARY OF GOOD FAITH EFFORTS FOR CORRECTIVE ACTION

• Be knowledgeable of and observe University policies, contractual and legal procedures.

• Clearly communicate instruction and work rules.• Obtain all facts.• Permit the employee an opportunity to explain.• Maintain accurate records.

Individual Accountability and Stewardship

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Human Resources Management at UCSD

• Quality of Implementation– Policies

– Practice

– Procedures

– Working Conditions

• Quality of Culture– Image

– “Brand”

– Work Life

• Cost of Mistakes/Limit of Risk

• Willingness to do What is Right

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Organization Philosophy

• Proper interpretation of management prerogatives

• Impact of internal & external opportunities & constraints

• Ability to recruit & retain a highly capable workforce

• Assisting with organizational goals

• Everyone has a role to play

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Monitoring of Hiring and Promotion

• Decentralized decision-making

• Shared responsibility

• Accountability process for compliance

• Willingness to avoid non-compliance

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Organizational Data and Measurement

• Documentation of Good Faith Efforts

• Showcase data results

• Connect results and performance management

• Data reporting requirement