AFFIRMATIVE
ACTION/RECRUITMENT PLAN
EXECUTIVE ORDER 11246
Texas State University-San Marcos
[DATE]
EIN:
746002248
PART
I: AFFIRMATIVE ACTION/RECRUITMENT PLAN FOR
MINORITIES
AND WOMEN
PART
II: AFFIRMATIVE ACTION/RECRUITMENT PLAN FOR
COVERED
VETERANS AND PERSONS WITH DISABILITIES
EEO/AA
Contact:
Mr. Herman
Horn
Chief
Diversity Officer and Director of Equity and Access
Texas State University-San Marcos
601
University Drive
J. C.
Kellam 840
San
Marcos, Texas 78666
512.245.2539
equityaccess@txstate.edu
CONFIDENTIAL TRADE
SECRET MATERIALS
(Not for distribution
except on a need-to-know basis within Texas State University-San Marcos)
This Affirmative Action/Recruitment Plan contains
confidential information which is subject to the provisions of 18 U.S.C. 1905. Chrysler Corp. v. Brown, 441 U.S. 281, 19 FEP 475 (1979).
Copies of this Affirmative Action/Recruitment Plan and all related appendices,
documents, and support data are made available on loan to the U.S. government
upon the request of said government on the condition that the government hold
them totally confidential and not release copies to any persons whatsoever.
This Affirmative Action/Recruitment Plan and its Exhibits and all its
supporting documents contain much confidential information which may reveal,
directly or indirectly, Texas State University plans for business or
geographical expansion or contraction. Texas State University-San Marcos
considers this Affirmative Action/Recruitment Plan to be exempt from disclosure,
reproduction, and distribution under the Freedom of Information Act upon the
grounds, among others, that such material constitutes (1) personnel files, the
disclosure of which would constitute a clearly unwarranted invasion of personal
privacy, which are exempt from disclosure under 5 U.S.C. 552(b)(6); (2)
confidential, commercial, or financial information, which is exempt from
disclosure under 5 U.S.C. 552(b)(4); (3) investigatory records compiled for law
enforcement purposes, the production of which would constitute an unwarranted
invasion of personal privacy, which are exempt from disclosure under 5 U.S.C.
552(b)(7)(C); and (4) matters specifically exempted from disclosure by statute,
which are exempt from disclosure under 5 U.S.C. 552(b)(3). Notice is hereby
given of a request pursuant to Title 41 Code of Federal Regulations, Part
60-60.4(d) that portions of this Affirmative Action/Recruitment Plan be kept
confidential.
Texas State
University-San Marcos wishes to make it clear that it does not consent to the
release of any information whatsoever contained in this Affirmative Action/Recruitment
Plan under the Freedom of Information Act or otherwise. If the U.S. government,
or any agency or subdivision thereof, is considering breaching the conditions
under which this Affirmative Action/Recruitment Plan was loaned to such government,
or is considering a request for release of this Affirmative Action/Recruitment Plan
under the Freedom of Information Act, a request is hereby made that the government
immediately notify the president of Texas State University of any and all
Freedom of Information Act requests received by the government or any other
contemplated release of this Affirmative Action/Recruitment Plan by the government
which relates to information obtained by the government from the university. We
further request that everyone who has any contact with this Affirmative Action/Recruitment
Plan or its supporting data treat such information as totally confidential and
that such information not be released to any person whatsoever. Retention or
disclosure of information relating to identifiable individuals may also violate
the Privacy Act of 1974.
AFFIRMATIVE ACTION/
RECRUITMENT PLAN
TEXAS STATE
UNIVERSITY-SAN MARCOS
TABLE OF CONTENTS
Background…………………………………………………………………………………………………4
Commitment to Equal
Employment Opportunity…………………………………………………………..4
Dissemination of Equal
Employment Opportunity Policy ………………………………………………...5
Applicable Affirmative
Action Laws and Regulations…………………………………………………..…5
Protected Groups……………………………………………………………………………………..……..6
Program Terminology……………………………………………………………………………..………..6
Reliance on EEOC’s
Guidelines………………………………………………….…………………….......7
Reporting Period………………………………………………………………………..……………..........7
Statement of Purpose for
Parts I and II…………………………………………………………..…………8
PART I: AFFIRMATIVE
ACTION/RECRUITMENT PLAN FOR MINORITIES AND
WOMEN…………………………………………………………………………………………….……..9
Table of Contents……………………………………………………………………..……………...........10
Table of Exhibits………………………………………………………………………………………….11
Chapter 1:
Organizational Profile…………………………………………………………..……………..12
Chapter 2: Job Group
Analysis…………………………………………………………………..………..13
Chapter 3: Placement of
Incumbents in Job Groups……………………………………………..………..14
Chapter 4: Determining
Availability……………………………………………………………...……….15
Chapter 5: Comparing
Incumbency to Availability………………………………………..……………...16
Chapter 6: Placement
Goals………………………………………………………………..……………...17
Chapter 7: Designation
of Responsibility……………………………………………………..…………..18
Chapter 8:
Identification of Problem Areas……………………………………………..………………...21
Chapter 9:
Action-Oriented Programs………………………………………………………..…………...23
Chapter 10: Internal
Audit and Reporting……………………………………………………………...….25
PART II: AFFIRMATIVE ACTION/RECRUITMENT PLAN FOR
DISABLED VETERANS, OTHER VETERANS, AND PERSONS WITH DISABILITIES……………………………..………26
Table of Contents………………………………………………………………………………………….27
Chapter A: Policy
Statement………………………………………………………………………………28
Chapter B: Review of
Personnel Processes……………………………………………………………….29
Chapter C: Physical and
Mental Qualifications…………………………………………………………...30
Chapter D: Reasonable
Accommodation to Physical and Mental Limitations............................................31
Chapter E: Harassment…………………………………………………………………………………….32
Chapter F: External
Dissemination of Policy, Outreach and Positive Recruitment………………………33
Chapter G: Internal
Dissemination of Policy……………………………………………………………...34
Chapter H: Audit and
Reporting System………………………………………………………………….35
Chapter I: Responsibility
for Implementation…………………………………………………………….36
Chapter J:
Training………………………………………………………………………………………...39
Chapter K:
Compensation…………………………………………………………………………………40
INTRODUCTION TO PARTS I AND II
BACKGROUND
Texas State University-San Marcos is subject to
the affirmative action requirements of Executive Order 11246, as amended,
Section 503 of the Rehabilitation Act of 1973, as amended, the Vietnam Era Veterans’
Readjustment Assistance Act of 1974, as amended, 38 U.S.C.4212, their
implementing regulations at 41 CFR Chapter 60 and Chapter 21 (Employment
Discrimination) of the Texas Labor Code. We are required to prepare annual
written Affirmative Action/Recruitment Plans for minorities and women, for
covered veterans, and for persons with disabilities. Failure to comply with
these laws and their implementing regulations, which are enforced by the Office
of Federal Contract Compliance Programs (OFCCP), can result in debarment of the
university from future contracts and subcontracts.
Affirmative Action is a
term that encompasses any measure adopted by an employer to correct or to
compensate for past or present discrimination or to prevent discrimination from
recurring in the future.
As stipulated in federal
regulations, a prerequisite to the development of a satisfactory Affirmative
Action/Recruitment Plan is the evaluation of opportunities for protected group
members, as well as an identification and analysis of problem areas inherent in
their employment. Also, where a statistical analysis of the
employee workforce reveals a numeric disparity between incumbency and
availability of minorities or women, an adequate Affirmative Action/Recruitment
Plan details specific affirmative action steps to ensure equal employment
opportunity. These steps are keyed to the problems and needs of
protected group members. For minorities and women, such steps include the
development of hiring and promotion goals to rectify the disparity between
incumbency and availability. It is toward this end that the following Affirmative
Action/Recruitment Plan of Texas State University was developed.
COMMITMENT TO EQUAL EMPLOYMENT
OPPORTUNITY (EEO)
Texas State
University-San Marcos will not discriminate against any person in employment or
exclude any person from participating in or receiving the benefits of any of
its activities or programs on any basis prohibited by law, including race,
color, age, national origin, religion, sex, disability, veterans’ status, or on
the basis of sexual orientation. Equal employment opportunities shall include:
personnel transactions of recruitment, employment, training, upgrading,
promotion, demotion, layoffs (reduction in force), termination, and salary.
Texas State University strives to base employment decisions
on objective standards to enhance equal employment opportunity.
It has been, and will continue to be, the policy of Texas
State University to be an equal opportunity employer. In keeping with this
policy, Texas State University will continue to recruit, hire, train, and
promote into all job levels the most qualified person without regard to race,
color, national origin, age, sex, religion, disability, veterans’ status or
sexual orientation. Similarly, Texas State University will continue to
administer all other human resources matters (such as compensation, benefits,
transfers, reductions in force, training, etc.) in accordance with university
policy. We are committed to recruiting minorities and females in all EEO
categories, especially those categories that indicate underutilization as demonstrated
in our analysis of our workforce as part of this plan.
Texas State University continues its commitment to diversity
as outlined in Goal 5 of our Strategic Plan:
Intended Outcomes:
·
Build a more
diverse faculty and staff.
·
Seek to be a
Hispanic Serving Institution by 2012.
·
Increase
intensity and scope of recruitment and retention programs that have a special
focus on minority students.
·
Expand efforts to
promote diversity and inclusion among all faculty, staff, and students.
·
Seek historically
underutilized business suppliers.
DISSEMINATION
OF EQUAL EMPLOYMENT (EEO) OPPORTUNITY POLICY
Texas State University-San Marcos is an equal employment
opportunity employer. We make this known by:
1.
Including information within the Texas State University Policy and Procedure
Statements (UPPS).
2.
Disseminating relevant information during new employee orientation sessions, in
the Faculty and Staff Handbooks, and on the university website.
3.
Posting required federal and state law posters within the Texas State
University facilities.
4.
Including the logo “Texas State University-San Marcos is an equal opportunity
educational institution.” in all recruitment ads and literature as required by UPPS No. 01.04.11,
Guidelines for Use of Texas State Logo, System Statement, Board of Regents List
and Equal Opportunity Statement.
APPLICABLE AFFIRMATIVE
ACTION LAWS AND REGULATIONS
Texas State
University-San Marcos’ Affirmative Action/Recruitment Plan for minorities and
women (Part I) has been prepared according to Executive Order No. 11246, as amended,
and Title 41, Code of Federal Regulations, Part 60-1 (Equal Employment
Opportunity Duties of Government Contractors), Part 60-2 (Affirmative Action
Programs of Government Non-Construction Contractors; also known as “Revised
Order No. 4”), and Chapter 21 (Employment Discrimination) of Texas Labor Code
Section 502.
Texas State University
has developed separately an Affirmative Action/Recruitment Plan for covered
veterans and persons with disabilities (Part II) prepared in accordance with the
Rehabilitation Act of 1973, Section 503, as amended, and Title 41, Code of
Federal Regulations, Part 60-741 (Affirmative Action Program for Handicapped
Persons), the Vietnam Era Veterans' Readjustment Assistance Act of 1974,
Section 4212, as amended, and Title 41 Code of Federal Regulations, Part 60-250
(Affirmative Action Program for Disabled Veterans and Other Veterans).
PROTECTED GROUPS
Coverage under affirmative action laws and
regulations applies to:
·
Women and minorities who
are recognized as belonging to or identifying with the following race or ethnic
groups: Blacks/African Americans, Hispanics/Latinos, Asians/Pacific Islanders,
and American Indians/Alaskan Natives.
·
An individual with a
disability: a person who has a physical or mental impairment that substantially
limits one or more of his or her major life activities; (2) has a record of
such impairment, or (3) is regarded as having such an impairment
·
Disabled veterans:
veterans entitled to compensation for a disability rated at 30 percent or more,
or rated at 10 or 20 percent in the case of a veteran who has been determined
under Section 3106 of Title 38 to have a serious employment disability, or a
person who was discharged or released from active duty because of a
service-connected disability
·
Veterans who received an
“Armed Forces Service Medal” pursuant to Executive Order 12985 (61 FR 1209)
·
Veterans of the Vietnam Era
·
Recently separated veterans
·
Other protected veterans who served
on active duty during a war or in a campaign or expedition for which a campaign
badge has been authorized, under laws administered by the Department of Defense
PROGRAM TERMINOLOGY
The terms, “comparison
of incumbency to availability,” “deficiency,” and “problem area,” appearing in
this Affirmative Action/Recruitment Plan, are terms
Texas State University-San Marcos is required by government regulations to use.
The criteria used in relation to these terms are those specified by the
government. These terms have no independent legal or factual significance
whatsoever. Although Texas State University will use the terms in total good
faith in connection with its Affirmative Action/Recruitment Plan, such use does
not necessarily signify that the university agrees that these terms are
properly applied to any particular factual situation and is not an admission of
non-compliance with EEO laws, regulations, and objectives.
The comparison of incumbency to availability
contained herein is required by government regulations to be based on certain
statistical comparisons. Geographic areas and sources of statistics used herein
for these comparisons were used in compliance with government regulations, as
interpreted by government representatives. The use of certain geographic areas
and sources of statistics does not indicate Texas State University’s agreement
that the geographic areas are appropriate in all instances of use or that the
sources of statistics are the most relevant. The use of such geographic areas
and statistics may have no significance outside the context of this Affirmative
Action/Recruitment Plan. Such statistics and geographic areas will be used,
however, in total good faith with respect to this Affirmative Action/ Recruitment
Plan.
The grouping of job titles into a given job
group does not suggest that Texas State University believes the jobs so grouped
are of comparable worth.
Whenever the term “goal” is used, it is
expressly intended that it “should not be used to discriminate against any
applicant or employee because of race, color, religion, gender, or national origin,”
as stated in Title 41 Code of Federal Regulations, Part 60-2.30.
This Affirmative Action/Recruitment Plan is not
intended to create any contractual or other rights in any person or entity.
RELIANCE ON EEOC’S GUIDELINES
Although Texas State
University-San Marcos does not believe any violation of Title VII of the Civil
Rights Act exists, it has developed this Affirmative Action/Recruitment Plan in
accordance with and in reliance upon the EEOC’S Guidelines on Affirmative
Action, Title 29 Code of Federal Regulations, Part
1608.
REPORTING PERIOD
This Affirmative Action/Recruitment
Plan is designed to cover each fiscal year beginning September 1 and ending
August 31.
STATEMENT OF PURPOSE FOR PARTS I AND II
This Affirmative Action/Recruitment Plan has
been designed to bring women and members of minority groups into all levels and
segments of Texas State University-San Marcos’ workforce in proportion to their
representation in the qualified relevant labor market.
The Affirmative Action/Recruitment Plan,
therefore, is a detailed, results-oriented set of procedures which, when
carried out, results in full compliance with equal employment opportunity
requirements through the equal treatment of all people.
The manner in which this
is to be accomplished becomes technical and somewhat complicated. There are
several reasons for this. First, Texas State University is subject to and must
address a variety of state and federal laws and guidelines dealing with equal
employment opportunity and affirmative action. These guidelines and
requirements are in themselves somewhat technical and complex. In addition,
relevant court decisions, which are often useful in interpreting, but sometimes
conflicting with these requirements and guidelines, must be taken into account
when developing and implementing the Affirmative Action/Recruitment Plan.
Furthermore, in determining Texas State University’s current equal employment
opportunity and affirmative action position and its desired future
achievements, numbers, percentages, statistics, and numerous calculations and
computations must come into play.
The technical, legal,
and mathematical aspects of the Affirmative Action/Recruitment Plan, however,
all have one common purpose—to allow us to properly identify three key concepts:
1. Where we stand now,
2. Where we must go,
3. How best to get
there.
These three concepts are
the Affirmative Action/Recruitment Plan.
TEXAS STATE
UNIVERSITY-SAN MARCOS
AFFIRMATIVE ACTION/RECRUITMENT
PLAN
PART I: AFFIRMATIVE
ACTION/RECRUITMENT PLAN FOR MINORITIES AND WOMEN
[DATE]
PART I
AFFIRMATIVE ACTION/RECRUITMENT
PLAN FOR MINORITIES AND WOMEN
TABLE OF CONTENTS
CHAPTER I: ORGANIZATIONAL
PROFILE
41
C.F.R. § 60-2.11
CHAPTER 2: JOB GROUP ANALYSIS
41 C.F.R.
§ 60-2.12
CHAPTER 3: PLACEMENT OF
INCUMBENTS IN JOB GROUPS
41
C.F.R. § 60-2.13
CHAPTER 4: DETERMIING
AVAILABILITY
41
C.F.R. § 60-2.14
CHAPTER 5: COMPARING INCUMBENCY
TO AVAILABILITY
41 C.F.R.
§ 60-2.15
CHAPTER 6: PLACEMENT GOALS
41
C.F.R. § 60-2.16
ADDITIONAL REQUIRED ELEMENTS OF AFFIRMATIVE ACTION PROGRAMS
CHAPTER 7: DESIGNATION OF
RESPONSIBILITY
41
C.F.R. § 60-2.17(a)
CHAPTER 8: IDENTIFICATION OF
PROBLEM AREAS
41 C.F.R.
§ 60-2.17(b)
CHAPTER 9: ACTION-ORIENTED
ROGRAMS
41 C.F.R.
§ 60-2.17(c)
CHAPTER 10: INTERNAL AUDIT AND
REPORTING SYSTEM
41 C.F.R.
§ 60-2.17(d)
PART I
AFFIRMATIVE ACTION/RECRUITMENT
PLAN FOR MINORITIES AND WOMEN
TABLE OF EXHIBITS
EXHIBIT 1: ORGANIZATIONAL
DISPLAY
EXHIBIT 2: AVAILABILITY/WORKFORCE
ANALYSIS
PART I: AFFIRMATIVE ACTION/RECRUITMENT PLAN FOR MINORITIES AND WOMEN
CHAPTER 1:
ORGANIZATIONAL PROFILE
41 C.F.R. § 60-2.11
An organizational profile is a depiction
of the staffing pattern within an establishment. It is one method used to
determine whether barriers to equal employment opportunity exist in their organizations.
The profile provides an overview of the workforce that may assist in
identifying organizational units where women or minorities are underrepresented
or concentrated. Texas State University-San Marcos will use the organizational
display as its organizational profile.
Organizational Display
An organizational display is a detailed
graphical or tabular charts, text, spreadsheet or similar presentation of the
organizational structure. The organizational display must identify each
organizational unit and show the relationship of each organizational unit to
the organizational units. An organizational unit is any component that is part
of the organizational structure. An organizational unit might be a department,
division, section, branch, group or similar component.
For each organizational unit, the
organizational display must indicate the following: the name of the unit; the
job title, gender, race, and ethnicity of the unit supervisor (if the unit has
a supervisor); the total number of male and female incumbents; and the total
number of male and female incumbents in each of the following groups: Blacks,
Hispanics, Asians/Pacific Islanders, and American Indians/Alaskan Natives.
Exhibit 1 will provide a copy of the
organizational display.
CHAPTER 2: JOB GROUP
ANALYSIS
41 C.F.R. § 60-2.12
Job titles are grouped by organizational unit for comparison. Grouping
together these very similar titles is appropriate for the comparison of
incumbency to availability. For many job titles, the availability data that can
be collected is limited, and the same data must be used for several related jobs.
Therefore, grouping these related titles together is logical. Also, many job
titles have so few incumbents in them that identifying disparities between
incumbency and availability by job title is meaningless—as problem areas would
be identified in terms of fractions of people. By grouping several similar
titles and increasing the number of employees involved, a meaningful comparison
can be conducted; any identified problem areas are more likely to be in terms
of whole people. Consequently, goals established to correct problem areas are
also more likely to be in terms of whole people.
Job groups will be listed by organizational unit.
For each job group, Texas State University-San Marcos will
identify the total number of employees, the number of male and female
employees, the total number of minority employees, the male and female minority
employees, the total number of White, Black, Hispanic, Asian or Pacific
Islander, American Indian or Alaskan Native employees, and the male and female
employees within each of these race/ethnic groups.
Texas State University will carefully analyze the workforce
analysis to identify problem areas needing correction, such as concentrations
or segregation of minorities or women by organizational unit, job, or pay.
Problems, if any, will be identified in Chapter 8: Identification of Problem
Areas; programs to correct the identified problems will be identified in
Chapter 9: Action-Oriented Programs.
Job groups must have enough incumbents to permit meaningful
comparisons of incumbency to availability and goal setting. Ideally, if a job
group is identified as containing a problem area, it should be large enough
that a goal of a least one whole person can be established. No minimum size has
been established for this purpose, however, since it is dependent not only on
the size of the job group, but also on the size of the availability percentage
and the number of minorities or women already employed in the job group.
Texas State University does not combine job groups with different
content, wages, or opportunities if doing so would have obscured problem areas
(e. g., job groups which combine jobs in which minorities or women are
concentrated with jobs in which they are underrepresented).
CHAPTER 3: PLACEMENT
OF INCUMBENTS IN JOB GROUPS
41 C.F.R. § 60-2.13
Each job group will appear on the Incumbents by Job Group Report
with a job group name and number. The report lists each job title in the job
group. For each job title, the worksheet will provide the following
information: organizational unit—EEO reporting category, employee headcounts
for each job group, and overall workforce and population percentage
representation by gender and race/ethnicity as of the end of the fiscal year.
CHAPTER 4: DETERMINING AVAILABILITY
41 C.F.R. 60-2.14
“Availability” is an
estimate of the proportion of each sex and race/ethnic group available and
qualified for employment at Texas State University-San Marcos for a given job
group in the relevant labor market during the life of the Affirmative Action/Recruitment
Plan. Availability indicates the approximate level at which minorities and
women could reasonably be expected to be represented in a job group if Texas State
University’s employment decisions are being made without regard to gender,
race, or ethnic origin. Availability estimates, therefore, are a way of
translating equal employment opportunity into concrete numerical terms. Correct
comparisons of incumbency to availability, worthwhile and attainable goals, and
real increases in employment for problem groups depend on competent and
accurate availability analyses. With valid availability data, we can compare
the percentages of those who could reasonably be expected to be employed versus
our current employment (from the organizational display), identify problem
areas or areas of deficiency, and establish goals to correct the problems.
Steps in Comparison of
Incumbency to Availability
Reasonable Recruitment Area
In determining availability, Texas State
University-San Marcos must consider the percentage of minorities and women with
requisite skills in a reasonable recruitment area. “Reasonable recruitment
area” is defined as the geographical area from which Texas State University
usually seeks or reasonably could seek workers to fill the positions in
question. For each job group, the reasonable recruitment area will be
identified, with a brief explanation of the rationale for selection of that
recruitment area.
Promotable, Transferable, and Trainable
Employees
In determining availability, Texas State
University-San Marcos must consider the percentage of minorities or women among
those promotable, transferable, and trainable within Texas State University.
Trainable refers to those employees within Texas State University who could,
with appropriate training which the contractor is reasonably able to provide,
become promotable or transferable during the Affirmative Action/Recruitment
Plan year. For each job group, the pool of promotable, transferable, and
trainable employees must be identified with a brief explanation of the
rationale for selection of that pool.
Texas State University will separately determine the availability
for each job title within the job group and determine the proportion of job
group incumbents employed in each job title. Texas State University will weight
the availability for each job title by the proportion of job group incumbents
employed in that job group. The sum of the weighted availability estimates for
all job titles in the job group must be the composite availability for the job
group.
Assigning Internal and External Factor Weights: Weights will be
assigned to each factor for each job group. A combination of historical data
and experience will be used to determine the weights. Weights will never be
assigned in an effort to hide or reduce problem areas.
Identifying Final
Availability: Weights will be multiplied by the component-specific data to
produce weighted data for each component.
Weighted data for each component will be summed. This will produce a final
availability estimate for each sex and race/ethnic group, as well as for
minorities in the aggregate.
Exhibit 2 will provide a copy of availability
analysis data for each job group.
CHAPTER 5: COMPARING
INCUMBENCY TO AVAILABILITY
41 C.F.R. § 60-2.15
Once final availability estimates are made for
each job group, Texas State University-San Marcos will compare the percentage
of incumbents in each job group to their corresponding availability. A
comparison will be made between the percentage employed as of the end of the
fiscal year and that group's final availability.
Exhibit 2 will provide the
percentage goals for each job group.
CHAPTER 6: PLACEMENT
GOALS
41 C.F.R. § 60-2.16
Texas State
University-San Marcos will establish a percentage annual placement goal
whenever it finds that minority or female representation within a job group is
less than would reasonably be expected given their availability (80%). In each
case, the goal will be set at the availability figure derived for women and/or
minorities, as appropriate for that job group. These goals will take into
account the availability of basically qualified persons in the relevant labor
area. They will also take into account anticipated employment opportunities
with our organization. Texas State University believes these goals are
attainable. These goals will be reached primarily through recruiting and
advertising to increase the pool of qualified minority and female applicants
and through implementation of our action-oriented programs (see Chapter 9).
Selections will occur only from among qualified applicants. Goals do not
require the hiring of persons when there are no vacancies or the hiring of a
person who is less likely to do well on the job (“less qualified”) over a
person more likely to do well on the job (“better qualified”), under valid
selection procedures. Goals do not require that Texas State University hire a
specified number of minorities or women.
Goals are not rigid and
inflexible quotas which must be met, but are instead targets reasonably
attainable by means of applying every good faith effort to make all aspects of
the entire Affirmative Action/ Recruitment Plan work. A goal is a guidepost
against which Texas State University, a community group, or a compliance agency
can measure progress in remedying identified deficiencies in Texas State
University’s workforce. By setting realistic goals, based on expected vacancies
and anticipated availability of skills within the relevant labor area, and
using a job-related selection system, Texas State University should be able to
meet the goals, assuming we conduct effective recruitment and advertising
efforts to ensure an adequate pool of qualified minority and/or female
qualified applicants from which to make selections.
In establishing goals,
Texas State University considers the results, which could reasonably be
expected from putting forth good faith efforts to make our overall Affirmative Action/Recruitment
Plan work. Goals will not be established that would exclude any gender
or race/ethnic group.
Exhibit 2 will provide the goals
for each job group.
CHAPTER 7: DESIGNATION
0F RESPONSIBILITY
41 C.F.R. § 60-2.17(a)
Responsibility for
implementation of Texas State University-San Marcos policy on the Equal
Employment Opportunity (EEO) Program rests with the president. The president
delegates the responsibility of ensuring compliance to each vice president for
their individual divisions. The president issues a memo annually to reaffirm Texas
State University’s equal employment opportunity policies and to make known to
all employees and applicants the commitment of executive leadership to EEO and
affirmative action/recruitment. The Office of the Chief Diversity Officer (CDO)
and Director of Equity and Access provides guidance and oversight for
EEO-related issues. General responsibility for implementation of the policy
rests with all employees of Texas State University.
Responsibilities of the Chief Diversity Officer
and Director of Equity and Access
The chief diversity
officer and director of Equity and Access is
responsible for overall supervision of the Affirmative Action/Recruitment Plan
and for ensuring the directives of the president are implemented. The chief
diversity officer and director of Equity and Access ensures,
through the department administrators, deans, managers and supervisors that all
relevant policies and procedures are adhered to. The chief diversity officer’s
responsibilities include, but are not limited to, the following:
1. Ensure that Texas
State University-San Marcos adheres to the stated policy of equal employment
opportunity, and monitor the application of equal employment opportunity
policies.
2. Ensure that the Affirmative
Action/Recruitment Plan is reviewed and updated annually in accordance with federal,
state, and Texas State University System regulations and policies.
3. Participate in
periodic discussions with management, supervisors, and all other employed personnel
to ensure Affirmative Action/Recruitment Plan and equal employment opportunity
policies are being followed.
4. Review the
qualifications of all employees to ensure equitable opportunity, based on
job-related employment practices, is given to all for transfers and promotions.
5. Conduct
periodic audits of: 1) training programs and hiring and promotion patterns to
remove impediments to the attainment of Affirmative Action/Recruitment Plan
goals and objectives, 2) facilities to ensure they are maintained for the use
and benefit of all employees and integrated both in policy and practice, and 3)
sponsored educational, training, recreational, and social activities to ensure
that all employees are encouraged to participate in accordance with policies on
non-discrimination.
6. Ensure
that all new employees receive a special orientation to Texas State University’s
equal employment opportunity policy and are thoroughly informed with regard to
the Affirmative Action/Recruitment Plan and its objectives.
7. Periodically
analyze applicant flow to determine the mix of persons applying for employment
by race/ethnic origin and gender.
8. Ensure
that recruitment advertising is placed in minority and female-oriented
publications, as applicable.
9. Review
all job descriptions and specifications to ensure they are free of
discriminatory provisions and artificial barriers. Ensure that all requirements
are job-related, that they are realistic, and that they reflect the actual work
requirements of the essential job duties.
10. Provide
direction to Texas State University’s employees, as necessary, to carry out all
actions required to meet university's equal employment opportunity and
affirmative action commitments.
11. Develop, implement,
and maintain audit and reporting systems to measure effectiveness of equal
employment opportunity programs, including those that will indicate the need
for remedial action and determine the degree to which goals and objectives have
been obtained.
12. Advise management
in the modification and development of Texas State University’s policies to
ensure the enhancement of equal employment opportunity for all employees and
potential employees within existing equal employment opportunity guidelines.
13. Conduct
periodic audits to ensure all required posters and those advertising Texas State
University’s equal employment opportunity policies and Affirmative Action/Recruitment
Plan are displayed and that Texas State University’s equal employment
opportunity and Affirmative Action/Recruitment Plan policies are being
thoroughly communicated.
14. Assist in review
and revision of all policies, procedures, and rules to ensure they are
not in violation of federal or state laws and
regulations.
15. Develop relevant policy statements and
internal and external communication techniques.
16. Ensure compliance with federal, state,
and local laws of nondiscrimination in all employment matters.
17. Implement audit and reporting processes
that measure the effectiveness of Texas State University EEO programs through
statistics and demographics.
18. Serve as liaison between Texas State
University and local, federal, and state compliance and enforcement agencies.
19. Serve as liaison between Texas State
University and minority and women’s organizations, and community action groups
with regard to employment opportunities of minorities and women.
20. Prepare all required government reports
related to equal employment opportunity.
21. Accommodate individuals seeking
information on Texas State University policies and procedures on equal
employment opportunity.
Responsibilities for Department Heads or Administrative
Officers
In their direct
day-to-day contact with Texas State University employees, department heads or administrative
officers have assumed certain responsibilities to help the university ensure
compliance with equal employment opportunity programs and effective
implementation of the Affirmative Action/Recruitment Plan. These include, but
are not limited to, the following:
1. Support and promote
Texas State University’s equal employment opportunity and affirmative action
policies.
a. Support and assist the chief
diversity officer and director of Equity and Access in developing, maintaining,
and successfully implementing the Affirmative Action/Recruitment Plan.
b. Take action to prevent
harassment of employees, to prevent any retaliation against employees who avail
themselves of their respective complaint and appeal procedures, and prevent
retaliation against employees who file a complaint with a federal, state, or
local compliance agency.
2. Identify
areas of concern and underutilization as it applies to compliance with policies
and procedures, in order to establish departmental goals and objectives to
ensure that equal employment opportunity exists.
3. Perform periodic audits of training
programs and hiring and promotion patterns in order to attain departmental
goals and objectives.
4. Review qualifications of all employees
under their supervision to ensure that women and minorities are given full
opportunities for promotions, transfers, and training.
5. Ensure that
all interviews, offers of employment and/or wage commitments are consistent
with Texas State University’s policy.
6. Assign employees
to significant jobs that might lead to greater personal growth and value, and
counsel them with respect to what is needed for upward mobility within the
employment structure.
7. Implement the
internal promotion and transfer of all employees under their supervision
consistent with Affirmative Action/Recruitment Plan goals and objectives.
8. Encourage
minority and female employees to participate in all educational, training,
recreational, and social activities sponsored by Texas State University.
9. Assist in
identifying problem areas and provide needed information for establishing and
meeting department affirmative action goals and objectives.
10. Ensure
that supervisors foster a supportive environment related to recruitment,
promotions, transfers and training of employees.
11. Include qualified women and minorities in
committees, job assignments, and other activities that might serve to enhance
individual potential or professional development.
CHAPTER 8:
IDENTIFICATION OF PROBLEM AREAS
41 C.F.R. § 60-2.17(b)
Based on analyses of each job group, areas of
concern will be identified and discussed below. In addition to comparing
incumbency to availability within job groups, Texas State University-San Marcos
will conduct studies to identify problem areas in each of its selection
procedures (i. e., hires, promotions, and terminations) as well as by
organizational unit. Texas State University will continue to monitor and update
these studies during each Affirmative Action/Recruitment Plan year. In each
case where potential problem areas are identified, affirmative actions, as
appropriate, will be taken consistent with any of the action-oriented programs
described in Chapter 9 of this Affirmative Action/Recruitment Plan.
Goals are established
within each of the job groups at no less than 80% of availability data for the
job group.
41 C.F.R. § 60-2.17(b)(1): Workforce by
Organizational Unit and Job Group
An analysis of minority and female distribution
within each organizational unit will be accomplished by a thorough
investigation of the analysis of the workforce.
Exhibit 1 will provide a copy
of the analysis of the workforce by organizational unit.
An analysis of minority and female utilization
within each job group will be accomplished by a thorough investigation of the
reports and resultant placement goals. Exhibit
2 will provide the goals for each job group.
41 C.F.R. § 60-2.17(b)(2): Personnel Activity
Applicant flow, hires,
promotions, and terminations will be analyzed by job group. An analysis of
selection disparities in personnel activity between men/women and
whites/minorities will be accomplished by a thorough examination of transaction
data.
41 C.F.R. § 60-2.17(b)(3): Compensation Systems
Compensation analyses will be conducted by
comparing the mean salaries for men versus women, and whites versus minorities
in each job group.
41 C.F.R. § 60-2.17(b)(4): Selection, Recruitment,
Referral, and Other Personnel Procedures
Analysis of selection, recruitment, referral, and other personnel
procedures will be conducted to determine whether they result in disparities in
the employment or advancement of minorities or women.
41 C.F.R. § 60-2.17(b)(5): Other Areas
Analysis will be conducted of any other areas that might impact
the success of the affirmative action/ recruitment program.
To identify and resolve areas of concern, the Office of the Chief
Diversity Officer and Director of Equity and Access will conduct an audit
process that includes an annual analysis and review of the Affirmative
Action/Recruitment Plan in the following areas:
1.
Federal
and state statutes and the university strategic plan
2.
Diversity of
applicant pools by ethnicity and gender, to the extent the data are available
3.
Review of the hiring and selection
processes, policies, procedures, and documentation
4.
Review of the performance evaluation
process, policies, procedures and documentation
5.
Review current federal and state law
posters to ensure university policy compliance, as well as ensure posters are
displayed as required at appropriate university sites
CHAPTER 9:
ACTION-ORIENTED PROGRAMS
41 C.F.R. § 60-2.17(c)
Texas State University-San Marcos tailors our action-oriented
programs each year to ensure they are specific to the problem identified.
Corrective actions will be taken only when the underrepresentation equals at
least one whole person.
Action-Oriented Programs:
The Action-Oriented Programs designed to address the
underutilization of women and minorities are listed below. These
Action-Oriented Programs will be carried out throughout the Affirmative Action/Recruitment
Plan year. The chief diversity officer and director of Equity and Access, with
the help of the department heads or administrative officers, will be
responsible in ensuring that the following are implemented.
It is the responsibility of all members of the Texas State
University community to identify proactive activities that will assist in the
success of the university’s commitment to EEO goals. Texas State University
seeks to establish a long-range EEO program that will include expanded
recruitment efforts and retention of women and minorities in its workforce.
1. Selection Process – Staff
The staff hiring process is outlined in UPPS
No. 04.04.03, Staff Employment and includes the
following proactive activities:
a.
The Office of Human Resources reviews job descriptions to ensure they
accurately reflect position functions.
b.
The Office of Human Resources validates the duties, responsibilities and
knowledge, skills, and abilities for each position in each department. These
criteria are nondiscriminatory with respect to race, color, national origin,
age, sex, religion, disability, veterans’ status or sexual orientation.
c. Texas State
University provides training in hiring procedures to employees involved in the
recruiting, screening, and selection of employees to ensure equal employment
opportunity. When a vacancy occurs, the hiring supervisor receives training
materials to ensure that these processes remain nondiscriminatory.
d.
The Office of Human Resources will place vacancy notices with the Texas
Workforce Commission, as well as advertise those vacancies on the Texas State
website, the job bulletin board located in Human Resources, and with other
recruiting sources as directed by the hiring manager.
2. Selection Process – Faculty
The faculty hiring process is outlined in AA/PPS
7.02, Faculty Hiring, and includes the following proactive
activities:
a.
The chief diversity officer and director of Equity and Access reviews the recruiting plan for each faculty position
including the job posting and recruitment sources. The review ensures the
qualifications use only the required knowledge, skills, abilities, and
credentials necessary to perform the job. Their specifications are
nondiscriminatory with respect to race, color, national origin, age, sex,
religion, disability, veterans’ status or sexual orientation.
b.
Each department is encouraged to disseminate the job description to industry
trade groups, professional organizations of women and minorities, trade
magazines, and the Chronicle of Higher Education, among others.
c.
The chief diversity officer and director of Equity and Access provides
consulting services and training in hiring procedures to employees involved in
the recruiting, screening, and selection of faculty members to ensure equal
employment opportunity. When a vacancy occurs, the hiring supervisor receives
training materials to ensure that these processes remain nondiscriminatory.
3. Job Advancement
a. Texas State University will continue to post or announce job
opportunities in accordance with our policies which require postings of all
external positions. Any waivers must be approved by the chief diversity officer
and director of Equity and Access.
b. Texas State
University-San Marcos will continue to make use of the inventory of our current
employee skills, when completed, to determine academic, skill, and experience
level of individual employees.
c. Require supervisory
personnel to submit justification when apparently qualified minority
or female employees are passed over for upgrading.
d. All employees are
actively encouraged to participate in facilities and university-sponsored
social and recreational activities.
e. Texas State
University-San Marcos will continue to use our formal employee evaluation
program. The Performance Appraisal is used for annual reviews for all
employees.
f. Employees are provided
workshops through the Office of Professional Development.
g. The Staff
Educational Development Program is a program that allows staff selected as
participants to earn from six to twelve credit hours per fall or spring
semester with tuition and fees paid by the institution. For more information,
see UPPS
No. 04.04.35, Professional
Development and Educational Opportunities.
h. Professional development
activities include formal training or education activities such as workshops,
conferences, seminars, and academic courses that are designed to enhance an
individual’s personal and professional development and growth. As an employment
benefit, the university will pay or provide release time for certain
professional development activities for eligible Texas State faculty and staff.
For more information, see UPPS No. 04.04.01, Miscellaneous Human Resources
Policies and Procedures.
CHAPTER 10: INTERNAL
AUDIT AND REPORTING SYSTEM
41 C.F.R. § 60-2.17(d)
The Texas State University-San Marcos auditing
and reporting system periodically measures the effectiveness of its total
affirmative action program. It is the responsibility of the chief
diversity officer and director of Equity and Access to implement and monitor an
auditing and reporting system that provides for the following:
1.
Review records on all applicants,
hires, promotions, transfers, layoffs (reduction in force), terminations and
compensation by race, ethnicity and sex to be certain that all employees are
treated on a fair and equitable basis in compliance with policy.
a.
Annual analysis of diversity information voluntarily captured on the Applicant
Data Flow form to evaluate the effectiveness of current recruiting efforts.
This data will remain confidential.
b.
Annual analysis by race, ethnicity and sex within each division for each EEO
category to evaluate the effectiveness of current recruiting efforts to
determine if the division met stated goals and good faith efforts. If the
division did not meet EEO goals, the division will develop a plan to remedy the
underutilization.
c.
Annual analysis by race, ethnicity and sex within each department for each EEO
category to review internal promotion and monitor upward mobility
opportunities.
d.
Annual analysis by name, race, ethnicity, sex, job title, and reason for
termination and separation within each department for each EEO category to
identify possible areas for remedial action. Ensure separating employees are
provided an opportunity to complete a Human Resources separation form to
identify concerns in the areas of equal opportunity, fair treatment, and
employee retention.
2.
Monitor records of all
personnel activity, including referrals, placements, transfers, promotions, layoffs
(reduction in force), terminations and compensation, at all levels to ensure
the nondiscriminatory policy is carried out.
3.
Review all selection and promotional
policies, procedures, processes and documentation to ensure they are
nondiscriminatory.
4.
Review report results with
all levels of management.
5.
Require internal
reporting on a scheduled basis as to the degree to which equal employment
opportunity and organizational objectives are attained.
6.
Inform executive management of the
effectiveness of the Affirmative Action/Recruitment Plan and recommendations
for improvements, if necessary.
TEXAS STATE UNIVERSITY-SAN MARCOS
AFFIRMATIVE ACTION/RECRUITMENT PLAN
PART II: AFFIRMATIVE ACTION/RECRUITMENT
PLAN FOR
DISABLED VETERANS, OTHER VETERANS, AND
PERSONS WITH DISABILITIES
FOR
[DATE]
PART II
AFFIRMATIVE ACTION/RECRUITMENT
PLAN FOR DISABLED VETERANS,
OTHER VETERANS,
AND PERSONS WITH DISABILITIES
TABLE OF CONTENTS
CHAPTER A: POLICY STATEMENT
41 C.F.R. §§ 60-250.44(a); 60-741.44(a)
CHAPTER B: REVIEW OF PERSONNEL PROCESSES
41.C.F.R. §§ 60-250.44(b);
60-741.440(b)
CHAPTER C: PHYSICAL AND MENTAL QUALIFICATIONS
41.C.F.R. §§ 60-250.44(c);
60-741.44(c)
CHAPTER D: REASONABLE ACCOMMODAT10N
TO PHYSICAL AND MENTAL
LIMITATIONS
41 C.F.R §§ 60-250.44(d);
60-741.44(d)
CHAPTER E: HARASSMENT
41 C.F.R §§ 60-250.44(e);
60-741.44(e)
CHAPTER F: EXTERNAL DISSEMINATION OF
POLICY, OUTREACH AND
POSITIVE RECRUITMENT
41 C.F.R. §§ 60-250.44(f); 60-741.44(f)
CHAPTER G: INTERNAL DISSEMINATION
OF POLICY
41 C.F.R. §§ 60-250.44(g);
60-741.44(g)
CHAPTER H: AUDIT AND REPORTING
SYSTEM
41 C.F.R. §§ 60-250.44(h); 60-741.44(h)
CHAPTER I: RESPONSIBILITY FOR
IMPLEMENTATION
41 C.F.R. §§ 60-250.44(i); 60-741.44(i)
CHAPTER J: TRAINING
41
C.F.R. §§ 60-250.44(j);
60-741.44(j)
CHAPTER K: COMPENSATION
41 C.F.R. §§ 60-250.21(i); 60-741.21(i)
CHAPTER A: POLICY STATEMENT
41 C.F.R. § 60-250.44(a); 60-741.44(a)
It is the policy of Texas State
University-San Marcos that equal employment opportunity is provided in the
employment and advancement of disabled veterans, other veterans, and persons
with disabilities at all levels of employment, including the executive level.
Texas State University does not and will not discriminate against any applicant
or employee because he or she is a disabled veteran, other veteran, or because
of a physical or mental disability in regard to any position for which the
applicant or employee is qualified. In addition, Texas State University is
committed to a policy of taking affirmative action to employ and advance in
employment qualified disabled veterans, other veterans, and individuals with
disabilities. Such affirmative action shall apply to all employment practices,
including, but not limited to hiring, upgrading, promotion, demotion or
transfer, recruitment, recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training. Decisions
related to personnel policies and practices shall be made on the basis of an
individual’s capacity to perform a particular job and the feasibility of any
necessary workplace accommodation. Texas State University will make every
effort to provide reasonable accommodations to any physical and mental
limitations of individuals with disabilities and to disabled veterans.
Our obligations in this area stem from not
only from adherence to various state and federal regulations, but also from our
commitment as an employer in this community to provide job opportunities to
disabled veterans, other veterans, and persons with disabilities.
CHAPTER B: REVIEW OF
PERSONNEL PROCESSES
41 C.F.R. § 60-250.44(b); 60-741.44(b)
To insure that all personnel activities are
conducted in a job-related manner which provides and promotes equal employment
opportunity for all known covered veterans and employees and applicants with
disabilities, reviews are periodically made of the university's examination and
selection methods to identify barriers to employment, training, and promotion.
1. Texas State
University-San Marcos periodically conducts a review of its employment
processes to insure thorough and systematic consideration of the job
qualifications of known covered veteran applicants and employees and applicants
and employees with disabilities for job vacancies filled either by external
hiring or internal promotions/transfers, as well as for all training
opportunities available. In order to determine whether an individual is
qualified for a particular job, a close examination of the content of the job
is made, as well as a review of the job qualifications of known disabled
veterans, other veterans, and individuals with disabilities, both applicants
and employees. In determining the qualifications of a covered veteran,
consideration is given only to that portion of the military record, including
discharge papers, relevant to the job qualifications for which the veteran is
being considered.
2. The university
insures that its personnel processes do not stereotype persons with
disabilities or veterans in a manner which limits their access to the jobs for
which they are qualified.
CHAPTER C: PHYSICAL AND
MENTAL QUALIFICATIONS
41 C.F.R §§ 60-250.44(c);
60-741.44(c)
To insure that all physical and mental qualifications and
requirements are job-related and promote equal employment opportunity for all
known covered veteran and employees and applicants with disabilities, reviews
are periodically made of the university’s physical and mental qualifications
and requirements as they relate to employment, training, and promotion.
The university’s physical and mental job requirements are reviewed
to determine whether or not they are job-related and consistent with business
necessity and safe performance on the job.
Schedule for Review: Any previously reviewed classification will be reviewed again if
there is a change in working conditions which affects the job's physical or
mental requirements (e. g., new requirements, new equipment, etc.).
CHAPTER D: REASONABLE
ACCOMMODATION TO PHYSICAL AND
MENTAL LIMITATIONS
41 C.F.R §§ 60-250.44(d); 60-741.44(d)
Texas State University-San Marcos will make
every effort to provide reasonable accommodations to physical and mental
limitations of applicants and employees with disabilities or who are disabled
veterans unless it can demonstrate that the accommodations would impose an
undue hardship on the operation of business. Texas State University will
confidentially review performance issues of employees with known disabilities
to determine whether a reasonable accommodation is needed when: 1) the employee
is having significant difficulty with job performance, and 2) it is reasonable
to conclude that the problem is related to the known disability.
Specific information is contained in UPPS
No. 04.04.60, Workplace
Accommodation.
Employees may also
contact the director of Disability Services at any time to formally request an
accommodation:
Office of Disability
Services
Suite 5-5.1
LBJ Student Center
601 University Drive
San Marcos, TX 78666
Phone: 512.245.3451
Fax: 512.245.3452
Email: ods@txstate.edu
CHAPTER E: HARASSMENT
41 C.F.R. §§ 60-250.44(e); 60-741.44(e)
Texas State University-San Marcos has developed
and implemented a set of procedures to ensure that its employees who are
disabled or other veterans are not harassed due to those conditions. These procedures are outlined in UPPS
No. 04.04.46, Prohibition of
Discrimination or Harassment.
CHAPTER F: EXTERNAL
DISSEMINATION OF POLICY, OUTREACH AND
POSITIVE RECRUITMENT
41 C.F.R. §§ 60-250.44(f); 60-741.44(f)
Based upon the university's review of its
personnel policies as described in Chapter B, the following activities will be
implemented or continued to further enhance our affirmative action/recruitment
efforts. All activities are the responsibility of the chief diversity officer
and director of Equity and Access.
1. Initiate and
maintain communication with organizations having special interests in the
recruitment of and job accommodations for disabled veterans, other veterans,
and individuals with disabilities.
2. Include workers
with disabilities when employees are pictured in consumer, promotional, or help
wanted advertising.
3. Informing
recruiting sources of Texas State University’s commitment statement: “Texas State University-San Marcos
will not discriminate against any person in employment or exclude any person
from participating in or receiving the benefits of any of its activities or
programs on any basis prohibited by law, including race, color, age, national
origin, religion, sex, disability, veterans’ status, or on the basis of sexual
orientation. Equal employment opportunities shall include: personnel
transactions of recruitment, employment, training, upgrading, promotion,
demotion, layoffs (reduction in force), termination and salary.”
4. Provide information
emphasizing job opportunities for disabled veterans, other veterans, and
individuals with disabilities as part of our recruitment efforts.
5. Inform all
recruiting sources, in writing and orally, of the university's affirmative action/
recruitment policy for disabled veterans, other veterans, and individuals with
disabilities.
6. Send written notification
of the university's affirmative action/recruitment policy to all subcontractors,
vendors, and suppliers requesting appropriate action on their part.
CHAPTER G: INTERNAL
DISSEMINATION OF POLICY
41 C.F.R. §§ 60-250.44(g);
60-741.44(g)
In order to gain positive support and understanding for the
affirmative action/recruitment program for disabled veterans, other veterans,
and individuals with disabilities Texas State University-San Marcos will
implement or continue to implement the following internal dissemination
procedures, all of which are the responsibility of the chief diversity officer
and director of Equity and Access. The following policies and procedures are
designed to foster support and understanding from Texas State University’s
executive staff, management, supervisors, and other employees in an effort to
encourage all employees to take the necessary actions to aid Texas State
University in meeting its obligations.
1. Annual Memorandum: Each year the president
will send a memorandum reaffirming the AA/EEO Policy Statement to all
employees. Exhibit 3 will provide a copy of the president’s reaffirmation letter.
2. Affirmative Action/Recruitment Program:
The university’s Affirmative Action/Recruitment Plan
will continue to be revised annually and distributed by the chief diversity
officer and director of Equity and Access to all divisional vice presidents.
The equal employment opportunity policy and federally-required EEO posters
affirming our nondiscrimination policy are posted on bulletin boards in public
locations.
3. Schedule training sessions for all
employees involved in recruiting, selection, promotion, and other related
employment issues for disabled veterans, other veterans, and individuals with
disabilities as part of the university’s EEO training program.
4. Discuss the policy thoroughly in both
employee orientation and management training programs. The university informs
management employees about the university’s EEO/AA programs through university-sponsored
training workshops, which include supervisory skills and the hiring process.
Online orientation and training is also available.
5. Include articles on accomplishments of
disabled veterans, other veterans, and workers with disabilities in university
publications.
6. Post the policy on university bulletin
boards, along with The Texas State University System and Texas State
University-San Marcos’ prohibition against discrimination and harassment policy
and rules which includes protection from harassment on the basis of disability.
7. When employees are featured in employee
handbooks or similar publications for employees, include employees with
disabilities.
CHAPTER H: AUDIT AND
REPORTING SYSTEM
41 C.F.R. §§ 60-250.44(h);
60-741.44(h)
Texas State University-San Marcos has developed and
currently implements an audit and reporting system that addresses the
following:
1) Measures the effectiveness of Texas State
University’s overall affirmative action/recruitment program and whether the university
is in compliance with specific obligations.
2) Indicates the need
for remedial action.
3) Measures the degree to which Texas State
University’s objectives are being met.
CHAPTER I: RESPONSIBILITY FOR IMPLEMENTATION
41 C.F.R. §§
60-250.44(i); 60-741.44(i)
Responsibility for
implementation of Texas State University-San Marcos policy on the EEO program
rests with the president. The president delegates the responsibility of
ensuring compliance to each vice president for their individual divisions. The
president issues a memo annually to reaffirm Texas State University’s equal
employment opportunity policies and to make known to all employees and
applicants the commitment of executive leadership to EEO and affirmative
action/recruitment. The Office of the Chief Diversity Officer (CDO) and
Director of Equity and Access provides guidance and oversight for EEO-related
issues. General responsibility for implementation of the policy rests with all
employees of Texas State University.
Chief Diversity Officer/Director of Equity and
Access
The chief diversity officer and director of Equity and Access is responsible for overall supervision of the Affirmative Action/Recruitment
Plan and ensuring the directives of the president are implemented. The chief diversity
officer and director of Equity and Access will work with department heads or administrative
officers, so that all relevant policies and procedures are adhered to. The chief
diversity officer’s responsibilities include, but are not limited to, the
following:
1. Presenting all needed recommendations
and procedural changes to vice presidents concerning EEO and affirmative action/recruitment
and ensuring that department heads or administrative officers are kept informed
of the university’s compliance status.
2. Maintaining university-wide management
support and cooperation for the university’s Affirmative Action/Recruitment Plan.
3. Collaborating with department heads or administrative
officers on EEO and Affirmative Action/Recruitment
Plan issues.
4. Assisting
line management in arriving at solutions to EEO/AA problems.
5. Reviewing results
of audit and reporting systems to assess the effectiveness of the university's
affirmative action/recruitment programs and advise on
corrective actions where necessary.
6. Ensuring
that the Affirmative Action/Recruitment Plan is updated annually.
7. Providing guidance
to department heads or administrative officers in taking proper action to
prevent employees from being harassed in any way, through one-on-one contact,
training, and disciplinary action.
8. Reviewing the
qualifications of all employees to ensure equitable opportunity, based on job-related
employment practices, is given to all for transfers and promotions.
9. Conducting
periodic audits of: 1) training programs and hiring and promotion patterns to
remove impediments to the attainment of Affirmative Action/Recruitment Plan
goals and objectives, and 2) the university’s sponsored educational, training,
recreational, and social activities to ensure that all employees are encouraged
to participate in accordance with policies on nondiscrimination. Determine
whether known disabled veterans, other veterans, and employees with
disabilities have had the opportunity to participate in all university-sponsored
educational, training, recreation and social activities.
10. Reviewing all job
descriptions and specifications to ensure they are free of discriminatory
provisions and artificial barriers. Ensuring that all
requirements are job-related, that they are realistic, and that they reflect
the actual work requirements of the essential job duties.
11. Ensuring the university’s VETS-100 form
is filed annually with the Secretary of Labor.
12. Providing direction
to the university’s employees, as necessary, to carry out all actions required
to meet the university’s equal employment opportunity and affirmative action/recruitment
commitments.
13. Designing and
effectively implementing of the Affirmative Action/Recruitment Plan.
14. Developing,
implementing, and maintaining audit and reporting systems to measure
effectiveness of equal employment opportunity programs, including those that
will:
a. Indicate need for
remedial action, and
b. Determine degree to
which goals and objectives have been obtained.
15. Advising management
in the modification and development of the university’s policies to ensure the
enhancement of equal employment opportunity for all employees and potential
employees within existing equal employment opportunity guidelines.
16. Identifying problem
areas and establishing procedures, goals and objectives to solve these problems.
17. Conducting periodic
audits to ensure all required posters and those advertising the university’s
equal employment opportunity policies and Affirmative Action/Recruitment Plan,
as well as the invitation to self-identify for disabled veterans, other
veterans, and individuals with disabilities, are displayed and that the university’s
equal employment opportunity and Affirmative Action/Recruitment Plan policies
are being thoroughly communicated.
18. Developing policy
statements, affirmative action/recruitment programs, internal and external
communication techniques.
19. Serving as the liaison between Texas State
University and enforcement agencies.
20. Serving as the
liaison between Texas State University, organizations, and community action
groups for disabled veterans, other veterans, and persons with disabilities, in
addition to ensuring that representatives are involved in community service
programs of local organizations for disabled veterans, other veterans, and
persons with disabilities.
21. Keeping management
informed of the latest developments in the equal employment opportunity area.
22. Reviewing,
reporting on, and updating the Affirmative Action/Recruitment Plan annually in
accordance with stated policy. Informing employees and
applicants of significant changes.
23. Assisting in review
and revision of all policies, procedures, and rules to ensure they are not in
violation of federal or state laws and regulations.
Department Heads or Administrative Officers
In their direct day-to-day contact with the university’s
employees, department heads or administrative officers have assumed certain
responsibilities to help Texas State University ensure compliance with equal
employment opportunity programs and effective implementation of the Affirmative
Action/Recruitment Plan. These include, but are not limited to the following:
1. Adhering
to the university’s policies prohibiting discrimination.
2. Supporting and
assisting the chief diversity officer and director of Equity and Access in
developing, maintaining, and successfully implementing the Affirmative Action/Recruitment
Plan.
3. Completing
progress reports as required regarding the status of affirmative action/recruitment
programs.
4. Taking action to
prevent harassment of employees placed through affirmative action/recruitment efforts.
5. Assigning
employees to significant jobs that might lead to greater personal growth and
value, and counseling them with respect to what is needed for upward mobility
within the employment structure.
6. Ensuring that all
interviews, offers of employment and wage commitments are consistent with the university’s
policy.
7. Implementing the
internal promotion and transfer of all employees under their supervision
consistent with Affirmative Action/Recruitment Plan goals and objectives.
8. Assisting
in identifying problem areas and providing needed information for establishing
and meeting department affirmative action goals and objectives.
9. Seeking and
sharing information on feasible accommodations which have been or could be made
for known disabilities.
CHAPTER J: TRAINING
41 C.F.R. §§ 60-250.44(j); 60-741.44(j)
Texas State University-San Marcos trains employees, as required,
that are involved in any way with the recruitment, selection, promotion,
disciplinary actions, training, and related processes of individuals with
disabilities or veterans to ensure commitment to the university’s stated
affirmative action/recruitment goals.
CHAPTER K:
COMPENSATION
41 C.F.R. §§
60-250.21(i); 60-741.21(i)
It is the policy of Texas State University-San Marcos that when
offering employment or promotion to disabled veterans, other veterans, or
individuals with disabilities, the amount of compensation offered will not be
reduced because of any disability income, pension, or other benefit the
applicant or employee receives from another source.