UNC SYSTEM EEO CONFERENCE: AFFIRMATIVE ACTION PROGRAM. Title NOVEMBER 2, 2011
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1 UNC SYSTEM EEO CONFERENCE: AFFIRMATIVE ACTION PROGRAM Title NOVEMBER 2, 2011 Carolina First Steering Committee Joanna Carey Cleveland, October Associate 9, 2010 University Counsel
2 Session Overview Nondiscrimination and Affirmative Action Requirements Components of Effective Affirmative Action Programs (AAPs) Recent Developments and Issues on the Horizon Transforming the AAP into an Actionable Diversity Initiative
3 Nondiscrimination and Affirmative Action Requirements Federal sources of authority Executive Order Section 503 of the Rehabilitation Act [29 U.S.C. 794 et seq.] The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) [38 U.S.C et seq.] State sources of authority North Carolina Equal Employment Practices Act [N.C. Gen. Stat et seq.] State Personnel Act (Office of State Personnel) and North Carolina Administrative Code [N.C. Gen. Stat (10), , ; 25 NCAC 01L.0100 et seq.]
4 Applicability Executive Order and Section 503 of the Rehabilitation Act Contracts for >$10,000 VEVRAA Before December 1, Contracts for $25,000 On/after December 1, Contracts for $100,000 NOTE: under any of the above, government contractor must also adopt an Affirmative Action Plan if: Contract is for $50,000, and Contractor employs 50 people
5 Summary of Executive Order Affirmative steps to eliminate employment discrimination on the basis of race, color, religion, sex, or national origin Affirmative Action Program to reduce under-utilization of women and minorities; program requires analysis of status quo and creation of goals for improvement Compliance reported by filing EEO-1 form within 30 days of award of contract and annually thereafter Penalties for noncompliance Cancellation, termination, suspension of contract; Debarment from award of future govt. contracts Publication of offender s name; relief to victim
6 Summary of Section 503 of the Rehabilitation Act Affirmative steps to eliminate employment discrimination against qualified individuals with disabilities Affirmative Action Program Reasonable accommodation No reporting obligations Penalties for noncompliance Cancellation, suspension, termination of contract; withholding of payment; debarment from future govt. contracts Appropriate relief to victim of discrimination
7 Summary of VEVRAA Affirmative steps to eliminate employment discrimination against protected veterans Affirmative Action Program Reasonable accommodations VETS-100A report Penalties for noncompliance Cancellation, termination, suspension of contract; Debarment from award of future govt. contracts Appropriate relief to victim of discrimination
8 Components of Effective Affirmative Action Programs Taking actions to assure an effective AAP Importance of self-auditing, training Focusing on EEO/AA in the recruiting and hiring process Special considerations for veterans and individuals with disabilities Advertising Permissible inquiries of applicants Evaluating Credit & Criminal Background Checks Concerns about disparate impact
9 Recent Developments and Issues on the Horizon Proposed Rulemaking/changes to Section 503 and VEVRAA Section 503: hiring/placement goals; workplace flexibility; employee training VEVRAA: annual self-evaluation by contractors; improved data gathering EEOC/DOL current areas of focus National origin Immigration
10 Other Issues/Questions
11 Useful Resources Office of Federal Contract Compliance Programs website Office of Disability Employment Policy website Veterans Employment and Training Service (VETS) website Information on specific laws Executive Order Section 503 of the Rehabilitation Act VEVRAA State Personnel Manual, Equal Opportunity Section
12 Contact Information Joanna Carey Cleveland or
13 UNC SYSTEM EEO CONFERENCE: AFFIRMATIVE ACTION PROGRAM Title NOVEMBER 2, 2011 Carolina First Steering Committee Joanna Carey Cleveland, October Associate 9, 2010 University Counsel
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