HRD Revised 12/02
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Transcript of HRD Revised 12/02
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