IUPUI AFFIRMATIVE ACTION OFFICE

 

 

 

 

 

 

IUPUI FACULTY COUNCIL

ANNUAL REPORT

 

May 3, 2005

 

 

 

 

 

 

 

 

Lillian Charleston

Affirmative Action Officer

 

 


 

The work of the IUPUI Affirmative Action Office is guided by federal and state statutes for equal employment opportunity, non-discrimination, and affirmative action.  Federal and state rules relative to Equal Opportunity and Affirmative Action protect the rights of all individuals to take and hold a job, engage in all activities of the University, and to advance free from discrimination on the basis of personal characteristics such as age, color, disability, national origin, race, religion, sex, or veterans’ status.  These statutes and guidelines stipulate that all individuals have the right to lodge a complaint if they feel they have been subject to discrimination, harassment, or retaliation.  The IUPUI Equal Opportunity Policy and a listing of federal legislation and executive orders that affect institutions of higher education are contained in this report.  As well, IUPUI has established policies, abides by these legal mandates, and strives to eradicate any existing discriminatory conditions or practices – whether intentional or inadvertent.

 

The U.S. Commission on Civil Rights has defined affirmative action as “any measure, beyond simple termination of a discriminatory practice, adopted to correct or compensate for past discrimination and to prevent discrimination from recurring in the future.”  IUPUI is obliged by federal mandate to establish and implement procedures to identify where problems and barriers exist with respect to employment of minorities and women and to set goals to increase their employment in jobs where they are underrepresented as compared to their availability in the labor market.  IUPUI also undertakes programs to encourage recruitment and outreach efforts targeted to specific women and minority groups, and training and other initiatives designed to improve the workplace environment. 

 

Principle functions and responsibilities of the IUPUI Affirmative Action Office for 2004 are reported below and include:

 

            Affirmative Action Plan Development

            Employment Monitoring

            Advocacy

            Complaints and Grievances

            Reasonable Accommodations

            Program Development/Training

Liaison to Federal and State agencies on matters involving EEO/AA practices, policies, and charges of discrimination

 

I.          AFFIRMATIVE ACTION PLAN:

 

Development of the IUPUI Affirmative Action Plan (AAP) is a major responsibility of the Affirmative Action Office.  The AAP is a written document conforming to Executive Order 11246 regulations and guidelines promulgated by the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor.  The AAP is developed through a number of required data analysis components. 

 

 

 

 

The AAP process begins with a “snap shot” of the workforce extracted from institutional data in October of each year.  The October 2004 IUPUI workforce distribution for faculty and staff ranks is contained in this report. 

 

The Affirmative Action Plan data analysis components and process include:

 

Ø     Workforce Analysis:  The Workforce Analysis is a profile of IUPUI’s 9,000 employees by job category, race and gender.  It is based on a number of reports organized by school/department and job categories and allows us to analyze patterns of employment by race and gender.  The distribution of the IUPUI academic and staff workforce is contained in this report in Tables 1 and 2.

 

Ø     Job Group Analysis:   The Job Group Analysis summarizes the workforce by a set of broad occupational categories.  It calculates race and sex counts by job title within each job group.

 

Ø     Availability Analysis:  The Availability Analysis identifies, from external sources, various labor pools from which the University recruits and selects employees that move into each of its job groups.  Data from relevant sources are combined to produce weighted estimates of the number of women and minorities in each job category.  Examples of availability sources include the number of PhDs by race and sex in various disciplines, professional data banks, and census data. 

 

Ø     Comparison of Incumbency to Availability:  This analysis compares the current representation of minorities and women in our workforce to availability estimates to determine where we need to make greater efforts to reach parity and diversify the workforce.

 

Ø     Goal Setting:  Federal regulations require the University to set goals for job groups where the incumbency and availability statistics are not equal.  The Affirmative Action Office meets with each dean/vice chancellor/major unit head to review their current workforce profile, identify opportunities for recruitment in the immediate future, and discuss efforts and strategies to meet workforce goals for women and minorities. 

 

Ø     Unit Action Plan:  Administrators are required to submit a Unit Action Plan outlining major efforts and strategies for reaching goals.  The Unit Action Plan should also address specific outreach efforts to recruit minority and female faculty and staff, professional development opportunities for them, and opportunities for recruitment which are anticipated over the next several years.  Finally, the Unit Action Plan should link components of the plan to IUPUI Diversity Performance Indicators. 

 

 

 

The IUPUI Affirmative Action Plan is disseminated to key administrators at the conclusion of the process and is available for review.

 

II.               EMPLOYMENT MONITORING:

 

Analysis of employment activity as it relates to hires, terminations, promotions, transfers, and demotions is required by Department of Labor regulations.  The Affirmative Action Office captures and monitors recruitment, referral, screening and appointment data for each faculty and professional staff vacancy to ensure the continuity and integrity of hiring processes for all academic and professional positions.  Employment data is maintained in the Affirmative Action Office’s Staff Applicant Monitoring system (SAM) and Faculty Applicant Monitoring system (FAM).  These systems, developed by the Affirmative Action Office, have enabled us to expedite searches and assure that we are capturing federally required data relative to all employment actions.  To assist departments, staff is available to orient search committees.  As well recruitment guidelines and a recruitment resources database are posted on the Affirmative Action Office website. 

 

A summary of data relative to appointments and terminations of academic and professional staff in 2004 is contained in this report at Table 3.  While IUPUI appointed fewer academic employees in 2004 (232) compared to 2003 (249), there were significantly more applicants (1032) to select from.  As well, there were fewer terminations as compared to 2003.

 

 

 

 

III.             ADVOCACY

 

The Affirmative Action Office staff stays abreast of new legal developments and case law that affect equal opportunity, affirmative action and non-discrimination within the university.   The office also advocates on behalf of “protected class” students, faculty and staff with respect to relevant employment and academic issues.  Protected class groups include the disabled, minorities and women. 

 

IV.       COMPLAINTS AND GRIEVANCES

 

Responsibility for addressing complaints of discrimination or harassment (sex, race, religion, national origin, disability) is a major responsibility vested in the Affirmative Action Office by the Chancellor.  Issues or concerns addressed by the office can be grouped into three categories:

 

                  Inquiries

                  Internal complaints of discrimination or harassment

                  External complaints of discrimination or harassment

 

 

Inquiries are issues, brought by complaining parties, which are addressed by the office--but may not rise to the level of a charge of discrimination or require an investigation.  These issues generally involve exploratory meetings with individuals to understand their concerns, rights and responsibilities within the university environment, to offer advice on alternative solutions, and to identify appropriate resources for resolution.  Internal complaints are charges of discrimination filed with the Affirmative Action Office by faculty, staff, students, applicants, or visitors, and investigated to determine the merit of the claims.  External complaints are charges of discrimination filed with outside compliance agencies such as the U.S. Equal Employment Opportunity Commission, Indiana Civil Rights Commission, U.S. Department of Justice, and U.S. Department of Education – Office for Civil Rights.  External complaints are handled by the Affirmative Action Office on behalf of Indiana University.

 

This report contains IUPUI complaint data by basis, race, and gender exhibited in Table 4.  In 2004, 124 new issues or complaints of discrimination were filed with the Affirmative Action Office.  67% of the complaints were filed by staff, 17% by students, and 14% by faculty.  When analyzed by race, African Americans and White complainants filed equal percentages of charges at 44% each.  66% of the complainants were female.

 

Trend data and graphs summarizing complaint activity for the period, 1999-2004, are also contained in this report as Tables 5 & 6.  There were 573 complaints handled by the Affirmative Action Office during the five year period.  Many complaints were filed on multiple bases resulting in a total of 703 complaint issues.  Of this number, over one-third was filed on the basis of race, followed by a fourth on the basis of disability.  By far the most prevalent harassment issue was sexual harassment followed by racial harassment.  The greatest number of discrimination or harassment charges continues to be filed on the basis of race.

 

When the trend data is viewed by year, a growing number of race discrimination complaints were filed in 2004.   An analysis of the race and gender complaints revealed that the greatest number was filed by African Americans and females.

           

V.        REASONABLE ACCOMMODATIONS

 

The Affirmative Action Office is involved in the reasonable accommodation process for faculty, staff and students.  Pursuant to the Americans with Disabilities Act of 1990 (ADA), the office works closely with supervisors, faculty, staff, students, Adaptive Educational Services, and the Department of Occupational Health Services to determine whether individuals with a disabilities are qualified under the law, and to ensure that they are afforded reasonable accommodations to perform their jobs or in the classroom.  In 2004, the office facilitated the reasonable accommodation process for eleven individuals (7 faculty and staff, 4 students). The Affirmative Action Office also investigates claims of discrimination under the ADA and works with schools and departments to remedy those claims. 

 

VI.       PROGRAM DEVELOPMENT AND TRAINING

 

Under the auspices of the Chancellor’s Diversity Cabinet, the campus developed a vision for diversity and performance indicators to measure the degree to which IUPUI is achieving objectives for an inclusive workforce, student body, and curricula.  The Affirmative Action Office is involved in the campus-wide initiatives for doubling diversity and addressing climate issues critical to the success and retention of minority and female faculty, staff and students.

 

The Affirmative Action Office implemented an on-line Sexual Harassment training course for the campus community in 2004.  The online course features modules to educate users regarding sexual harassment and applicable university policies and procedures, and the law.  It incorporates scenarios relevant to faculty, staff, administrators, students, as well as the medical environment.  It concludes with an exam and certificate of completion.  The Sexual Harassment Online Training and exam can be accessed at www.aao.iupui.edu.

 

Staff is engaged in ongoing training initiatives which include supervisory training, orientation for search committees, and presentations to departments and academic classes.  In 2000, former President Myles Brand mandated that all campuses provide compliance training to its supervisors.  This training is mandatory for all supervisors throughout the University and is conducted in conjunction with Human Resources Administration and Risk Management. 

 

The Compliance Training Series consists of six modules:

 

                  Session Topic                                                             Presenting Dept.

 

                  Fair Labor Standards Act                                          Human Resources

                  Equal Opportunity and Affirmative Action                Affirmative Action

                  Sexual Harassment                                                     Affirmative Action

                  Family and Medical Leave Act                                  Human Resources

                  Americans with Disabilities Act                                 Affirmative Action

                  Workers Compensation                                              Risk Management

 

The Affirmative Action Office delivers two thirds of the compliance training series.  In addition to the compliance training, other workshops on a variety of EEO/AA topics were presented to students, faculty, staff and others.  Through these efforts, training was presented to 577 participants, as well as an additional 200 who participated in the online course. 

 

VII.      LIAISON TO FEDERAL AND STATE AGENCIES

 

The Affirmative Action Office is very involved in organizations and activities related to our regulatory responsibilities.  These include the Indiana Industry Liaison Group

 

(an alliance between the OFCCP, Dept. of Labor and major federal contractors), the Equal Employment Opportunity Commission, the Indiana Civil Rights Commission, the Indiana Affirmative Action Officers Association, and the American Association for Affirmative Action.  Additionally, this office works with and responds to all federal and state compliance agencies when charges of discrimination or harassment are filed against the University.

 

GOALS AND OBJECTIVES:

 

In addition to current efforts, the Affirmative Action Office has identified goals and objectives for 2005.  They include:

 

Ø     Develop and implement additional strategies for greater diversity of the IUPUI workforce.

Ø     Develop and implement strategies for addressing climate issues.

Ø     Develop and implement additional training modules.

Ø     Explore and develop a web based faculty application process.

Ø     Refine the Disability Accommodation Request Process.

Ø     Revisit the IUPUI ADA Survey for progress on meeting disability standards.  Implement required changes to address problems areas or deficiencies.


Page 7

EQUAL OPPORTUNITY POLICY

 

Memorandum to IUPUI Faculty, Staff, and Students from Chancellor Charles R. Bantz on May 1, 2004

 

At IUPUI, diversity means three things:

(1) diversity is an educational and social asset to be reflected in our learning and work objectives;

(2) the persons who comprise our academic community reflect both the current diversity of our service region as well as the evolving demographics of a state and city that aspire to participate fully in a global society; and

(3) IUPUI's social and physical environment will enable all of its members to succeed to the fullest

extent of their potential.

(Vision for Diversity at IUPUI, Adopted 2001)

 

Having diversity in classrooms, research labs, clinical practice settings, and places of work is essential to the fundamental work of the university.  If students are to learn, they must be encouraged to ask questions, seek knowledge from those with whom they disagree, and take part in open and honest debate.  The ability to learn from and use diverse perspectives is instrumental to constructive problem solving and good citizenship, so it is essential that the campus have an environment that encourages interaction among individuals of diverse backgrounds.  Our employees, too, expect and deserve to work in a healthy, supportive atmosphere that respects differences.

 

To help accomplish this, the Trustees of Indiana University adopted an equal opportunity/affirmative action policy that is based on resolutions dating from 1969 and reaffirmed unanimously in 1995.  The trustees stated, “In reaffirming this policy, which has served us well, we must advocate and perpetuate performance which reflects this commitment.  We must and will hold ourselves accountable for our decision and action.”

 

Each year, IUPUI reaffirms its commitment to this policy and to observing requirements embodied in federal and state laws, executive orders, guidelines, and regulations designed to promote affirmative action and assure equal opportunity.  As part of that reaffirmation, we expect deans, directors, and others who have administrative responsibility and authority to carry out the policies of the trustees and to pursue our shared diversity goals effectively.  In addition, individual employees are to display an attitude of collaboration and cooperation by performing their duties in a manner that clearly reflects the principle of equal opportunity in every aspect of university life. 

 

Our policy at IUPUI prohibits discrimination against anyone for reasons of race, color, religion, national origin, sex, sexual orientation, marital status, age, disability, or status as Vietnam-era or special disabled veterans.  We will continue to promote and provide equal opportunity in education and training programs, employment, admissions, and all other activities for faculty, staff, and students.  All personnel actions, such as compensation and fringe benefits, transfer, promotion, training for employees, as well as all university-sponsored social and recreational programs, will be administered in accordance with our equal opportunity policies.

 

I have assigned responsibility for communicating, interpreting, and monitoring this equal opportunity policy to Lillian Charleston, who directs the Affirmative Action office at IUPUI.  This office maintains a comprehensive program which has been accepted by all relevant agencies of the federal government.  It is located in the Administration Building, 355 North Lansing Street, Room 127.  For copies of the official university policies, for information on these policies, to obtain them in alternative formats or languages, or for complaint procedures, call (317) 274-2306.


FEDERAL EQUAL EMPOYMENT OPPORTUNITY LEGISLATION

AFFECTING INSTITUTIONS OF HIGHER EDUCATION

 

 

1.               Civil Rights Act of 1866 and 1871 – These two statues are “early” civil rights laws enacted subsequent to the Civil War to protect the employment rights of racial minorities.  Often used in conjunction with lawsuits alleging violations of Title VII.  Enforced by the federal court systems

 

2.               Equal Pay Act of 1963 – Prohibits an employer from paying persons of one sex at a different rate than persons of the other sex for jobs requiring substantially equal skill, effort, and responsibility.  Back pay awards can be doubled if the employer’s violation is determined to be “willful.”  Enforced by the Equal Employment Opportunity Commission (EEOC)

 

3.               Civil Rights Act of 1964 (Title VI) – Prohibits discrimination on the basis of race, color, and national origin in all federally assisted programs.  Affects student admissions, financial aid, athletics and academic programs.  Enforced by the U.S. Department of Education’s Office for Civil Rights (OCR).

 

4.               Civil Rights Act of 1964 (Title VII) – The major federal law prohibiting discrimination in employment.  Title VII is one of the most comprehensive laws, and forbids discrimination based on race, sex, color, religion, or national origin.  It covers all areas of the employment relationship, from advertising open positions through termination or retirement.  Enforced by the EEOC.

 

5.               Age Discrimination in Employment Act of 1967 (ADEA) – Prohibits employers from arbitrarily discriminating against persons over age 40 with regard to hiring, discharge, pay, promotions, fringe benefits and other employment decisions.  The law is designed to promote fair treatment of older persons on the basis of ability rather than age.  Enforced by the EEOC.

 

6.               Executive Order 11246 – As amended by Executive Order 11375 – Requires employers accepting federal contracts to take affirmative action to increase employment opportunities for minorities and women.  Employers with $50,000 or more in federal contracts during a twelve month period must have a written affirmative action plan, including goals for achieving full utilization of women and minorities.  Enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

 

7.               Education Amendments of 1972 (Title IX) – Prohibits sex discrimination in educational programs or activities in institutions with federal contracts, grants, and loans.  Title IX is modeled after Title VI of the 1964 Civil Rights Act, and affects student admissions, financial aid, and academic programs.  The greatest impact of the Title IX has probably been on intercollegiate athletic programs.  Enforced by OCR.

 

 

 

 

 

 

FEDERAL EQUAL EMPOYMENT OPPORTUNITY LEGISLATION

AFFECTING INSTITUTIONS OF HIGHER EDUCATION (con’t)

 

 

8.               Rehabilitation Act of 1973 (Sections 503 and 504) – Prohibits discrimination against the disabled and requires institutions to take affirmative action to hire and promote qualified disabled persons and to make academic programs accessible to disabled students.  Employers are not required to set hiring goals, but must recruit and fairly consider disabled persons for vacant positions.  Institutions must also make “reasonable accommodation” to the physical or mental limitations of otherwise qualified students and employees, such as providing special equipment or modifying the job.  The major impact of 503 and 504 has been on structural changes required to make facilities accessible.  Enforced by the OFCCP and OCR.

 

9.               Vietnam Era Veterans Readjustment Act of 1974(VEVRAA) – Prohibits discrimination in employment against disabled veterans and veterans of the Vietnam era by employers holding federal contracts exceeding $10,000 annually.  Requires employers to list all suitable employment openings with the state employment service.  Amended by the Veterans Employment Opportunity Act of 1998 to extend protection to any veteran who served on active duty during a war or in an action for which a campaign badge was authorized.  Enforced by OFCCP.

 

10.            The Americans With Disabilities Act of 1990 (ADA) – While the earlier Rehabilitation Act applied only to organizations receiving federal funds, the ADA is more comprehensive, and covers nearly all public and private entities.  It prohibits discrimination against qualified people with disabilities in public services, transportation, public accommodations, and telecommunications, as well as in employment, and requires reasonable accommodations be offered.  Enforced by the EEOC and the Department of Justice.

 

11.            The Civil Rights Act of 1991 – This omnibus legislation overturned or modified more than 25 Supreme Court decisions and provides for additional protection including punitive and compensatory damages (up to $300,000) and jury trials for victims of intentional employment discrimination.  It redefined the burden of proof in disparate impact cases, provides for remedies in “mixed motive” cases of discrimination, extended the period to file age discrimination complaints, encourages alternative means of dispute resolution, and established the “Glass Ceiling Commission.”

 

12.            Immigration Reform and Control Act of 1986(IRCA) – Employers must verify both the identity and authorization to work in the United States of employees hired after November, 1986.  By examining documents such as passport, birth certificate, social security card, etc.  Verification must be done within three days of hire, and records (the “I-9) must be kept.  Employers are prohibited from discriminating on the basis of citizenship against lawfully resident non-citizens.  Enforced by Immigration and Naturalization Service (INS).