Attachment II





1.   Affirmative Action: Positive steps an employer takes to overcome inequities and ensure it affords employees and prospective employees equal employment opportunities in all aspects of employment. One such effect is often underrepresentation of minorities and females in relation to their availability in the job market.


2.   Equal Employment Opportunity: The employer’s duty to treat employees without regard to race, color, national origin, age, sex, religion, disability, veterans’ status, or sexual orientation.


3.   Affirmative Action Recruitment Plan: The document in which an institution commits to equal employment opportunity and affirmative action and sets out the efforts it will make to ensure compliance with applicable laws and guidelines. Attachment I is the Texas State Affirmative Action/Recruitment Plan.


4.   Chief Diversity Officer and Director of Equity and Access: The individual at Texas State University-San Marcos with primary responsibility for development, implementation and evaluation of the university’s Affirmative Action/Recruitment Plan.


5.   Discrimination: Intentional or unintentional acts with adverse effects on the employment opportunities of one or more individual because of race, color, national origin, age, sex, religion, disability, veterans’ status, sexual orientation, or other factors which under particular laws may not be the basis for employment actions.


6.   Good Faith Efforts: An employer’s efforts to analyze employment and recruitment practices, design and implement a plan that identifies problem areas, implement measures to address the problems, and monitor the effectiveness of its program.  The basic components of good faith efforts are (1) outreach and recruitment measures to broaden candidate pools from which selection decisions are made to include minorities and women and (2) systematic efforts to assure that selections thereafter are made without regard to race, sex, or other prohibited factors.


7.   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.


8.   Under Utilization or Under Representation: A situation wherein a lower number of protected class employees are represented than parity would predict. Once under utilization is quantitatively established, an employer must 1) demonstrate that the under utilization is the legitimate effect of a Bonafide Occupational Qualification (BFOQ) or results from business necessity; or 2) develop an affirmative action program with specific, action-oriented steps to overcome this under utilization.


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.