Aspire – April 2012EEO ComplianceKieffer GaddisHuman Resources

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)

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?

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

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)

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

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

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

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

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)

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)

Title VII of the Civil Rights Act of 1964

• Prohibits employment discrimination based upon:

Race Gender Religious Beliefs or Practices National Origin

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

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 - ?

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

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

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

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

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

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

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

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

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

Genetic Information 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.

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

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

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

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)

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

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

HR Contacts

Kieffer Gaddis 0670 Tracy Worthey 0668 Robyn Flowers 0667

Herlicia Blakely 0669

Jeanne Madorin 0659

Cindy Edwards 0658

Paulette Douglas 0660