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SOUND BUSINESS PRACTICES AND RESPONSIBILITIES FOR EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION FOR STAFF. PRESENTED BY THE HUMAN RESOURCES DEPARTMENT UNIVERSITY OF CALIFORNIA, SAN DIEGO. HRD Revised 12/02. Law & Policy Federal Contractor Responsibility
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SOUND BUSINESS PRACTICES AND RESPONSIBILITIES FOR EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION FOR STAFF PRESENTED BY THE HUMAN RESOURCES DEPARTMENT UNIVERSITY OF CALIFORNIA, SAN DIEGO HRD Revised 12/02
Law & Policy Federal Contractor Responsibility Human Resources Practices Related to Affirmative Action Responsibilities Individual Accountability & Stewardship Presentation Overview
“University of California Ends Affirmative Action” July 1995
“University of California Ends Affirmative Action Ban” May 17, 2001
What The Law andUC Policy Say Sound Business Practices and Responsibilities for Equal Employment Opportunity and Affirmative Action for Staff
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 Status • and Other Factors
Affirmative Action Proactive Measures for: • Ensuring the Implementation of EEO • Remedying the Effect of Past Discrimination • Affirmative Action is Undertaken for Certain Groups: • Females • Blacks, Hispanics, Asians, American Indians • People with Disabilities • Covered Veterans
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
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
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
*Equal Opportunity *Fairness *Nondiscrimination Affirmative Action Program (Voluntary) *Acceptance *Courtesy *Conflict Resolution *Education *Inclusion *Professionalism *Tolerance *Understanding *Respect *Synergy *Value Diversity/ Cultural Competence The UCSD Principles of Community EO/Affirmative Action/Diversity Means Action End (Mandatory) *Action-oriented Programs *Goals and Timetable *Good Faith Efforts *Policies and Regulations *Progress Monitoring *Productivity *Harmony *Decency *Civility
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 1974 Section 503 of the Rehabilitation Act of 1973, as amended Vietnam Era Veteran’s Readjustment Assistance Act of 1974 Section 503 of the Rehabilitation Act of 1973, as amended Age Age Discrimination in Employment Act of 1967 Age Discrimination of 1975 Executive Order 11141 Other – Race, Gender, Color, Religion, National Original Title VII Federal Laws & Targeted Groups
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
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
Responsibilities of Managers and Supervisors • 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
EEO/AA Requirements EEO AA GOAL People of Color……………… Females……………………… People with Disabilities……. Covered Veterans………… Other Factors (e.g., age)…..
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
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
“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
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
“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
Equal payment for substantially equal Skill Effort Responsibility Working Conditions Federal Law Requires
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 Job Analysis
Classification Recruitment and selection Planning orientation and training programs Performance management Planning career ladders Job Description Uses
Identify essential functions Identify knowledge, skills, abilities and other qualifications required for successful performance Department Head Responsibilities
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 Good Faith Efforts
EQUAL OPPORTUNITY Plan Source Screen Interview Reference Assess Select
Access Fairness Consistency Equal Opportunity in Hiring
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 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 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 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 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 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 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 The Hiring Process
EQUAL OPPORTUNITY Plan Source Screen Interview Reference Assess Select
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 Functions Strategic 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 Yield basis • Standards • Ongoing feedback • Performance appraisal • Performance development planning
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 • Let employees know ~ feedback • Give feedback close to event • Describe specific work-related behaviors/results • Ask for input • Let employees know about impact • Essential • Valued • Ongoing
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 • 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 • 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