UPPS 04.04.04 - Equal Employment Opportunity and Affirmative Action Program for Covered Veterans and Individuals with Disabilities

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 covered veterans and individuals with disabilities as required by applicable law.

1. DEFINITIONS

   1. Affirmative Action – steps an employer takes to overcome inequities and promote equal employment opportunities in all aspects of employment to the extent required and permissible by state or federal law or regulation.

   2. Affirmative Action Plan – plan or program that outlines a federal contractor or subcontractor’s efforts pursuant to the Vietnam Era Veterans’ Readjustment Assistance Act and Section 503 of the Rehabilitation Act of 1973 to provide equal employment opportunities and generally support the advancement of covered veterans and individuals with disabilities in employment.

   3. Discrimination – Texas State University’s definition of discrimination can be found in UPPS No. 04.04.46, Prohibition of Discrimination.

   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. Underutilization or Underrepresentation – a situation wherein a lower number of covered veterans or individuals with disabilities are represented than labor market availability 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.

   7. Work Force Analysis – a statistical analysis of the numbers and percentages of employees/applicants for employment to ensure compliance with affirmative action requirements as otherwise described in this policy.

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 for covered veterans and individuals with disabilities and reaffirm the institutional commitment to provide a workplace that is free from discrimination based upon protected characteristics or classes.

   2. As further described in UPPS No. 04.04.46, Prohibition of Discrimination, Texas State is committed to a policy of non-discrimination and equal opportunity for all protected by federal or state law in employment, educational programs, and activities and admissions. As evidence of this commitment, Texas State will periodically examine all employment policies, practices, and procedures for impermissible discrimination. 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.

      Affirmative action efforts for covered veterans and individuals with disabilities will be 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, to the extent required by applicable laws/regulations, for the university. The university’s affirmative action plan will be maintained by Human Resources 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. AA/PPS No. 04.01.04, Chair and Director Hiring;

      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. Human Resources will comply with federal requirements to develop an affirmative action plan for covered veterans and individuals with disabilities. The plan will be developed in consideration of employment statistics from the university’s human resources related systems, federal reporting requirements, and, to the extent required, labor market availability analysis.

   2. The associate vice president and Chief Human Resources Officer (CHRO) will review and approve the affirmative action plan for covered veterans and individuals with disabilities. To the extent permissible, goals will be established to address underutilization of covered veterans and individuals with disabilities. The associate vice president and CHRO may present an overview of the plan to the President’s Cabinet through the Office of the Executive Vice President for Operations and Chief Financial Officer.

   3. Human Resources will certify the institution’s compliance with affirmative action plan requirements through the OFCCP portal to the extent required by regulatory standards.

4. RELEVANT LAWS

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

      1. Title VI;

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

      3. Executive Order 11375;

      4. The Equal Pay Act of 1963;

      5. the Rehabilitation Act of 1973;

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

      7. 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 and Chief Human Resources Officer	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 and Chief Human Resources Officer; senior reviewer of this UPPS

   Executive Vice President for Operations and Chief Financial Officer

   President