UPPS 04.04.04 - Affirmative Action Program

POLICY STATEMENT

Texas State University is committed to providing an equal opportunity and non-discriminatory environment to the public and establishing and maintaining an affirmative action in employment program for the university.

1. DEFINITIONS

   1. Affirmative Action – steps an employer takes to overcome inequities and ensure it affords employees and prospective employees equal employment opportunities in all aspects of employment.

   2. Affirmative Action Plan – plan or program that outlines a federal contractor or subcontractor’s efforts to provide equal employment opportunities and generally support the advancement of employees regardless of gender, race, disability, or veteran status. Components of the written Affirmative Action Plan include actions pertaining to Executive Order 11246, Vietnam Era Veterans’ Readjustment Assistance Act, and Section 503 of the Rehabilitation Act of 1973.

   3. Discrimination – conduct directed at an individual or a group of identifiable individuals that subjects them to less favorable treatment or adversely affects their employment or education because of their membership in a protected class.

   4. Equal Employment Opportunity (EEO) – defined by the state and federal government as the employer’s duty to implement employment practices that ensure non-discrimination on the basis of a protected characteristic or class.

   5. Good Faith Efforts – specific actions taken by an employer to identify and remove barriers and prevent discrimination in employment.

   6. Parity – a condition achieved in an organization when the protected class composition of its workforce is equal to that in the relevant available labor force.

   7. Protected Characteristic or Protected Class – a class of persons who are protected under applicable federal or state laws against discrimination and harassment on the basis of race, color, sex, pregnancy, gender identity, sexual orientation, gender expression, religion, age, national origin, ethnicity, military or veteran status, disability, genetic information, or any other legally protected basis.

   8. Underutilization or Underrepresentation – a situation wherein a lower number of protected class employees are represented than parity would predict. Once underutilization is quantitatively established, an employer must:

      1. demonstrate that the underutilization is the legitimate effect of a bona fide occupational qualification or results from business necessity; or

      2. develop an affirmative action program with specific, action-oriented steps to overcome this underutilization.

   9. Work Force Analysis – a statistical analysis of the numbers and percentages of all employees by race, ethnicity, sex, or disability by EEO job category and level.

2. COMMITMENT

   1. The purpose of this policy is to establish the procedures and responsibilities for implementing an Affirmative Action Program at Texas State University.

   2. Texas State is committed to, and reaffirms support for, EEO and affirmative action and to non-discrimination in employment policies, practices, and procedures. As evidence of this commitment, Texas State will periodically examine all employment policies, practices, and procedures for impermissible discrimination on the basis of race, color, sex, pregnancy, gender identity, sexual orientation, gender expression, religion, age, national origin, ethnicity, military or veteran status, disability, genetic information, or any other legally protected basis. If the employment policies, practices, and procedures can be improved or if discrimination is found to be present, Texas State will immediately take such remedial action as is necessary to:

      1. strengthen the policies, practices, and procedures;

      2. remediate the effect of such discrimination; and

      3. ensure that the discrimination does not recur in the future.

      Texas State’s commitment to the policy of affirmative action is intended to overcome the present effects of past discrimination and to balance the composition of the work force while providing EEO for all and affirmative action for members of groups that are, or have been formerly, underrepresented, consistent with the requirements and limitations of federal and state law and regulations. Affirmative action in all employment policies, practices, and procedures is required to be taken for women, racial and ethnic minorities, qualified veterans, and persons with disabilities. Affirmative action efforts are implemented in all employment policies, practices, and procedures including, but not limited to, the following: recruitment, employment, training, upgrading, promotion, demotion, layoffs (reduction in force), termination, and salary.

   3. Each administrative officer and department head will share in the responsibility to achieve affirmative action goals for the university. The university’s Affirmative Action Plan will be disseminated to the administrative officers annually upon completion and may be requested from Human Resources, as needed.

   4. In addition to this policy, the following university policies apply to affirmative action and the EEO Program at Texas State:

      1. UPPS No. 04.04.03, Staff Employment;

      2. UPPS No. 04.04.11, University Classification and Compensation;

      3. UPPS No. 04.04.46, Prohibition of Discrimination;

      4. UPPS No. 04.04.60, Workplace Accommodation;

      5. UPPS No. 07.07.03, Hourly Student Employment Procedures;

      6. UPPS No. 07.07.06, Graduate Student Employment;

      7. UPPS No. 07.07.06, Graduate Student Employment;

      8. AA/PPS No. 04.01.01, Faculty Hiring; and

      9. Texas State University System Sexual Misconduct Policy.

3. ANNUAL AFFIRMATIVE ACTION PLAN DEVELOPMENT PROCEDURES

   1. By November, Human Resources will obtain institutional data from the Human Resources Information System (HRIS) and the Applicant Tracking System (ATS). Data retrieved from HRIS will provide a comprehensive list of all employees as of October 1 of that year, as well as the hires, transfers, promotions, and separations that occurred in the 12 months prior to that snapshot date. Data from the ATS will provide a list of requisitions for vacancies and applicant data along with the disposition codes for the 12 months prior to the snapshot date. Data will be reviewed by the Affirmative Action workgroup, which will consist of representatives from Human Resources, Faculty and Academic Resources, and Enterprise Systems, prior to submitting to approved vendor for Affirmative Action Plan development.

   2. The Affirmative Action workgroup will work closely with the vendor on the data analysis and data questions for the development of the Affirmative Action Plan. Once the data analysis is complete and the data is processed, the vendor will provide the Affirmative Action Plan, narrative, and related reports to the Affirmative Action workgroup and conduct a Reports Review meeting.

   3. Once the data has been generated, the Affirmative Action workgroup will review the results and draft the Affirmative Action Plan narrative document.

   4. The associate vice president for Human Resources will review and submit the Affirmative Action Plan to President’s Cabinet through the office of the vice president for Operations and Chief Financial Officer.

   5. Human Resources will certify the institution’s compliance with Affirmative Action Plan requirements through the OFCCP portal, in accordance with regulatory standards.

4. RELEVANT LAWS

   1. The following are laws relevant to the Affirmative Action Program:

      1. Title VI;

      2. VII of the Civil Rights Act of 1964 (as amended);

      3. Executive Order 11246 and 11375;

      4. the implementing Revised Order No. 4;

      5. The Equal Pay Act of 1963;

      6. the Rehabilitation Act of 1973;

      7. The Age Discrimination in Employment Act of 1967; and

      8. Title IX, Americans with Disabilities Act Amendments Act of 2008.

5. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Associate Vice President for Human Resources	June 1 E5Y
      Chair, Faculty Senate	June 1 E5Y
      Chair, Staff Council	June 1 E5Y

6. CERTIFICATION STATEMENT

   This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

   Associate Vice President for Human Resources; senior reviewer of this UPPS

   Executive Vice President for Operations and Chief Financial Officer

   President