UNC SYSTEM EEO CONFERENCE: AFFIRMATIVE ACTION PROGRAM Title NOVEMBER 2, 2011 Carolina First Steering Committee Joanna Carey Cleveland, October Associate 9, 2010 University Counsel
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
Nondiscrimination and Affirmative Action Requirements Federal sources of authority Executive Order 11246 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. 4212 et seq.] State sources of authority North Carolina Equal Employment Practices Act [N.C. Gen. Stat. 143-422.1 et seq.] State Personnel Act (Office of State Personnel) and North Carolina Administrative Code [N.C. Gen. Stat. 126-4(10), 126-16, 126-19; 25 NCAC 01L.0100 et seq.]
Applicability Executive Order 11246 and Section 503 of the Rehabilitation Act Contracts for >$10,000 VEVRAA Before December 1, 2003- Contracts for $25,000 On/after December 1, 2003- 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
Summary of Executive Order 11246 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
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
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
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
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
Other Issues/Questions
Useful Resources Office of Federal Contract Compliance Programs website http://www.dol.gov/ofccp Office of Disability Employment Policy website http://www.disability.gov Veterans Employment and Training Service (VETS) website http://www.dol.gov/vets/ Information on specific laws Executive Order 11246 http://www.dol.gov/ofccp/regs/compliance/fs11246.htm Section 503 of the Rehabilitation Act http://www.dol.gov/ofccp/regs/compliance/fs503.htm VEVRAA http://www.dol.gov/ofccp/regs/compliance/fsvevraa.htm State Personnel Manual, Equal Opportunity Section http://www.osp.state.nc.us/manuals/section1.pdf
Contact Information Joanna Carey Cleveland 962-6976 or joanna@unc.edu
UNC SYSTEM EEO CONFERENCE: AFFIRMATIVE ACTION PROGRAM Title NOVEMBER 2, 2011 Carolina First Steering Committee Joanna Carey Cleveland, October Associate 9, 2010 University Counsel