IUPUI AFFIRMATIVE ACTION OFFICE
IUPUI FACULTY COUNCIL
The work of the IUPUI
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
Principle functions and responsibilities of the IUPUI
Affirmative Action Plan Development
Complaints and Grievances
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 ma
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:
Workforce Analysis: The Workforce Analysis is a profile of
IUPUI’s 9,000 employees by
Job Group Analysis: The Job Group Analysis summarizes the
workforce by a set of broad occupational categories. It calculates race and sex counts by
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
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.
Goal Setting: Federal regulations require the University to
set goals for job groups where the incumbency and availability statistics are
not equal. The
Unit Action Plan: Administrators are required to submit a Unit
Action Plan outlining ma
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.
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.
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
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
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
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
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
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 ob
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 con
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
VII. LIAISON TO FEDERAL AND STATE AGENCIES
(an alliance between the OFCCP,
Dept. of Labor and ma
GOALS AND OBJECTIVES:
In addition to current efforts, the
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.
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
FEDERAL EQUAL EMPOYMENT
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
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
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
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.
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.”
Immigration Reform and Control Act of 1986(IRCA) –
Employers must verify both the identity and authorization to work in the