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CHAPTER THREE: 3065
EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF
January 2008
3065
AFFIRMATIVE ACTION AND EQUAL
EMPLOYMENT OPPORTUNITY HIRING
PREAMBLE: This section
outlines UI's policy with regard to Affirmative Action and Equal Employment Opportunity hiring and the procedures for implementation. This
section combines two sections of the 1979 Handbook. Both were original to that edition and one
(section A) has remained unchanged while the other (sections B through C) have
been repeatedly changed. All sections are as of July 1996 except where
specifically noted as being more recent. Further information may be obtained
from the Human Rights Compliance Officer (208-885-4285). [ed. 7-03, 9-06]
CONTENTS:
A. Policy
B. Definitions
C. Affirmative Action Process
A.
POLICY. The University of Idaho is an equal opportunity and affirmative action employer.
It is the policy of the regents that equal opportunity be afforded in education
and employment to qualified persons regardless of race, color, national origin,
religion, sex, age, disability, or status as a disabled veteran or Vietnam-era veteran. [See
2200
III-4,
2300 VII,
3060 A,
and the “Statement of Nondiscrimination” on page
ii of this handbook]. It is also the policy of the University of Idaho to
not discriminate based on sexual orientation.
A-1. Scope of this policy. This policy specifically applies to
faculty, classified, and exempt positions. However, a good faith effort to
follow and document affirmative action and equal opportunity procedures for
all positions should be made, including student and temporary hires. With
the exception of students applying for the work-study program, postdoctoral
fellows, or teaching/research assistants, anyone who is seeking UI
employment should be directed to Employment Services’ website
www.hr.uidaho.edu/employment, to view all available openings.
(Applications for work-study are taken at the Student Financial Aid Office.
Teaching and research assistant appointments are made in the academic
units.) For more information on postdoctoral fellowships or exceptions to
this policy, contact the Human Rights Compliance Officer at (208) 885-4212.
The Human Rights Compliance Officer approves all job descriptions for
postdoctoral fellows, as well as the recruitment, selection, and offer of
all postdoctoral positions. [add. 1-08]
B.
DEFINITIONS.
B-1. Open Search. An open search is defined as a search that is open to
all applicants and is publicly advertised for an appropriate time period to
allow applicants equal opportunity to apply. Classified searches are
posted for a minimum of two weeks and faculty and exempt positions are posted
for a minimum of four weeks. The UI has limited criteria for exceptions to open
searches or reducing the recruitment period. Hiring departments must contact
the Human Rights Compliance Officer to determine if there may be exceptions to
the open competitive search process, including UI-only searches. Waivers or
exceptions to the open competitive process must be in writing from the Human
Rights Compliance Officer and kept in the search file in the event of an audit.
[ed. 9-06, rev. 1-08]
B-2. Affirmative Action. The UI strives to hire qualified employees
through open search processes. Affirmative action procedures document the
qualifications of applicants, the extra effort made to recruit women, persons of
color, persons with disabilities, disabled veterans and Vietnam-era veterans, and the objective,
job-related justification for the ranking of applicants. [rev. 1-08]
B-3.
Minorities and Persons of Color.
The terms “minorities” and “persons of color”
refer to members of certain racial and ethnic groups. Persons who are
nonresident aliens of Black, Hispanic, or Asian descent are not included in this
definition and are not included among the protected-group applicants listed on
forms required by this policy. For the purposes of this policy, minorities and
persons of color are further defined as follows:
a. “American Indian or Alaskan native or Native American”—all persons having
origins in any of the original peoples of North America and who maintain
cultural identification through tribal affiliation or community recognition.
[ren. 1-08]
b. “Black (not of Hispanic origin)”—all persons having origins in any of the
black racial groups of Africa [ed.11-01, ren. 1-08]
c. “Hispanic”—all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin, regardless of race. [ren. 1-08]
d. “Asian”—all persons having origins in any of
the original peoples of the Far East (including the Indian subcontinent and
Southeast Asia, but not the Middle East). [rev. 11-01, ed. & ren. 1-08]
e. “Hawaiian Native or other Pacific Islander”—all persons having origins in any
of the original peoples of the Pacific Islands [rev. 11-01, ren. 1-08]
B-4.
Persons with disabilities. The term “disability” refers to the condition of a
person who (a) has a physical or mental impairment that substantially limits one
or more major life activities, (b) has a record of such an impairment, or (c) is
regarded as having such an impairment. Federal law may further modify this
definition. [ren. 1-08]
B-5. “Status as a Vietnam-era veteran” refers to a person who served on active duty
in the armed forces during the period from August 5, 1964, through May 7, 1975.
[ren. 1-08]
B-6. Affirmative Action Coordinators.
Each college or administrative unit has an affirmative action coordinator. The
coordinators provide knowledge and expertise to (a) explain affirmative action requirements to
members of search committees and others who express interest or concern, (b)
help search committees develop the required documentation for recruitment and
screening procedures, and (c) brief Human Rights Compliance Officer on issues that arise during the search process related to affirmative action and
equal opportunity employment. Human Rights Compliance Officer may delegate selected responsibilities to
affirmative action coordinators. [ed. 9-06, ren. & rev. 1-08]
B-7. Search Committee. The search committee should
consist of at least three people, but five to six people are recommended. It is not necessary that all members of the
committee be faculty or staff from within the hiring department or unit, but it
is important that the search committee be as diverse as possible Gender balance
and racial/ethnic representation are to be attempted if at all possible.
The committee composition must be reviewed and approved by the unit/department
head and the Human Rights Compliance Officer. Further
definition of the scope and responsibility of the committee may be determined by
the hiring dean or unit administrator. [rev. & ren. 1-08]
B-8. Forms. Forms related to the affirmative action hiring procedure and
those suggested for use in selection are available electronically from
Employment Services. (See http://www.hr.uidaho.edu/employment/.
[ed. 9-06, rev. 1-08]
C. AFFIRMATIVE ACTION
PROCESS.
C-1. Recruitment. Recruitment for all positions at the UI must be
conducted in full compliance with UI's affirmative action and equal employment
opportunity procedures (below) and with the requirements of all applicable
immigration and naturalization laws (see 3070). To ensure compliance with
applicable laws and reporting requirements, all searches must be entered into
the applicant tracking system. The chair of every search committee should
be familiar with the affirmative action and equal employment opportunity
requirements of the UI. The chair should also consult with the Human
Rights Compliance Officer for assistance in conducting a search that maximizes
the potential for attracting a diverse pool of applicants. A signed Position Authorization
form, must be obtained from the President, Provost, or Vice President, as
applicable, prior to initiating recruitment. The Human Rights Compliance
Officer and Employment Services will review and approve all recruitment
materials before announcement is made of any position vacancy, including any to
be filled on a part-time or temporary basis, e.g., a sabbatical replacement.
Failure to secure necessary approvals from the Human Rights Compliance Officer or Employment Services will result in nullification of the
process and attempted hire. Employment Services will assist with
the development of results-oriented job descriptions, recruiting, advertising,
and collection of applications. Recruitment materials must include: [ed. 9-06,
rev. 1-08]
a. Search Firms. When used, search firms are required to comply with all
state and federal laws, as well as UI and Regents policies regarding affirmative
action and equal employment opportunity. The chair of the search is
responsible for disseminating the internal policies to the search firm and
ensuring they are followed. The positions are recruited in the same manner
as similar positions and are subject to the same approvals and documentation.
[add. 1-08]
b. Salary Range.
An appropriate salary range is defined initially, but need not be
advertised to potential applicants. [rev. and ren. 1-08]
c. Text
of Announcement and Advertisement. Vacancy announcements appear in the Idaho
Register and/or on the Human Resources' (HR) website in the applicant tracking
system, as well as in other media and websites. The announcement is made available to each
applicant. It documents that UI has communicated to applicants the
qualifications on which they will be judged. It is also the basis for the
screening forms. The form of the announcement may vary, but it must include the
basic components that are noted on the vacancy announcement outline (See the
Employment Services website as
www.hr.uidaho.edu/employment) and shall be consistent
with the job description. The “minimum” or "essential" qualifications must be the absolute minimum that
would be acceptable in an applicant; once defined, they are inflexible. An
applicant who does not possess these qualifications cannot be hired. “Preferred”
or “desirable” (or “marginal”) qualifications include any and all attributes
believed to be desirable for the position. A candidate may not possess all of
the “preferred” characteristics; nevertheless, any specific attribute that might
be a reason for preferring one candidate over another should be included as a
basis for ranking. When applicants self-identify as disabled under the
definition of ADA
and indicate they can, with reasonable accommodation, perform the essential functions of the position, UI has a duty to attempt reasonable accommodation
under the ADA.
The announcement must include the statement, “To enrich education through
diversity the University
of Idaho is an equal opportunity/affirmative action employer.” If a background
check, education verification or post offer medical screen is required for the position, it must be stated in the announcement. The
advertisement is an abbreviation of the vacancy announcement and, at a minimum,
must contain the job title, closing date, contact information, and the tagline
“AA/EOE.” [rev. 7-97, 1-08, ren. 1-08]
d. Statement of Distribution of Announcement and Advertisement.
Departments may place paid advertisements in newspapers and
journals, and/or mailing announcements to institutions
that grant degrees to potential applicants or post on professional society
websites or listservs. The hiring department shall send announcements to
any known organizations representing the interests of minorities and women
within the discipline or field, e.g., Women in Science. Employment Services can assist with the identification
of such groups and can assist with the placement of
advertisements. Due to the quantity of advertisements placed by the
University of Idaho, many times savings can be realized by centralizing the
placement of advertisements with Employment Services. Employment Services
will provide a standard description of the university and its setting to ensure
consistency in advertising. See A-2. [rev, 7-97, 1-08, ed. 9-06,
ren. 1-08]
e. Dates of Recruitment. The period of recruitment should be discussed
with the Human Rights Compliance Officer to ensure that reasonable time is allowed to
recruit a diverse pool of candidates. The recruitment period may be shortened, provided that the departmental administrator furnishes the reasons
for doing so and assurance that any extra efforts necessary to recruit
thoroughly in the time available will be made. [rev. 9-06, ed. and ren. 1-08]
f. Job Description. All positions require an up-to-date position
description. Standard electronic forms are available for this purpose.
[rev. and ren. 1-08]
1. The position
description for non-faculty positions must be created using the Results
Oriented Job Description (ROJD) form available for downloading at the Human
Resources website at www.hr.uidaho.edu.
If a description of and the qualifications for the position have not
been established, the departmental administrator in consultation with
Employment Services will define these and the salary range. An
Employment Services approved ROJD is required prior to the initiation of
search proceedings. Faculty positions must have a position description
using the format set forth in FSH 3050. [add. 1-08]
2. The Americans with
Disabilities Act of 1990 (ADA) requires job descriptions to identify
"essential or non-marginal functions" and "non-essential or marginal
functions" of positions. When positions are established or vacant,
departmental administrators shall consult with Employment Services to ensure
that job descriptions are in full compliance with ADA provisions. This
HR review precedes the beginning of the recruitment process. [add. 1-08]
g. Application Form. The standard UI application form for
classified positions is available through the applicant tracking system on the
referenced HR website. Those not completing their application materials
electronically may submit the equivalent information to the contact listed on
the announcement via hard copy, by the closing date. The Required
Applicant Disclosure Form and Affirmative Action Form are available from the
Affirmative Action Coordinators for those not completing their application
materials on-line. [rev. and ren. 1-08]
h. Affirmative Action Form. The chair of the search committee must ensure that all applicants
have access to complete on-line or are given or
sent the Affirmative Action form inviting applicants to identify themselves as
members of protected groups. Applicants may choose not to provide such
information, but UI has a responsibility to request it. [rev. 1-08]
C-2. Selection. Screening forms are used to document the comparison of
candidates. They are based on the qualifications specified in the
announcement. As a result of preliminary screening, the pool of candidates
who meet minimum qualifications is established. Forms used for this
purpose should show the basis for numerical values assigned to weighting and
judgment factors. Both the required and the preferred qualifications
should be evaluated, but the weights assigned to various criteria may vary.
Selection forms document the date of the evaluation, the signature of the
evaluator, and comments that supplement or explain numerical scores and should
be completed in ink. The hiring unit may conduct other job-related
evaluations, after consultation with Employment Services. The Director for
Employment Services or designee is responsible for reviewing any supplemental
application evaluation material the hiring department wants to use in the
screening process. [add. 1-08]
a. Preliminary Screening. Employment Services conducts preliminary
screening for classified positions. All other searches may designate a
member of the committee, or other person designated by the committee, to conduct
a preliminary screening based on minimum/required qualifications that can be
readily and unquestionably assessed on a yes-or-no basis. The disqualified
applications should be made available for review by members of the search
committee. In addition, the applications of known protected-group members
that are disqualified in the preliminary stage will be reviewed electronically
by the Human Rights Compliance Officers. [add, 1-08]
b. Intermediate Screening. Intermediate screening is
conducted to make distinctions among the qualified candidates in this applicant
pool in an adequate manner. Each committee member should complete a
screening form
for each applicant retained in the pool so that meaningful comparisons can be
made. Comments explaining the ratings should be entered on the form. Committee
members should work independently without access to the evaluations completed by
others and should be cautioned to refrain from making any written comments on
the applicants’ resumes, reference letters, or other application materials. Following the independent evaluations, it is
appropriate that the selection committee meet as a group to compare and discuss
the candidates. The final recommendation should
reflect committee consensus rather than a mere collection of individual
opinions. If new interpretation or insight has resulted from committee
discussions a committee member may change his or her rating forms and such
changes should be entered in ink, initialed, and dated on the same form with the
original ratings. It is important to record and keep minutes of the committee discussion
of applicants. [rev. and ren. 1-08]
c. Review of Preliminary and Intermediate Screening Procedures.
The Human Rights Compliance Officer will review and approve electronically
all screening procedures (see C-1.h.) prior to the interview phase. In the case of faculty hiring,
the Human Rights Compliance Officer cannot approve
proceeding to interviews until the Office of the Provost has had an opportunity to review the
credentials of all finalists. Completion of these procedures will constitute a record of the applicants considered and reasons for having
eliminated protected-group members. Reasons given for the rank ordering or
elimination of applicants should be directly related to the qualifications
listed on the announcement. Though numerical scores or numerically based
rank-order are a part of the explanation, they should be supported by additional
narrative. Reasons should be stated in comparative terms so that differences
between candidates are readily apparent. Comments in the applicant tracking
system should be complete and detailed so that they will stand alone
as an explanation for the results in selection, apart from applicants’ folders,
which are retained in the hiring department. The completed comments shall be
submitted electronically to Human Rights Compliance Officer and Employment
Services through the Affirmative Action Coordinator. It is recommended
that the files, including preliminary and intermediate selection forms, for all
finalists and protected-group members be available for reference for five years.
[ed. 9-06, rev. and ren. 1-08]
d. Interviews. Questions and discussions during interviews
must be confined to clearly job-related topics; consistency in interviews is
important and there must be a procedure for documenting the re-evaluation of
candidates on the basis of the interview. Members of the search or
screening committee should document their evaluation of each candidate
interviewed. Telephone interviews may be conducted provided that they
follow a structured outline that provides for rating of the applicant's
responses; conference calls should be arranged so that more than one person can
take part in evaluating the applicant; also, some of the same evaluators should
be involved in all of the interviews. For a list of acceptable and
unacceptable interview inquiries visit
http://www.webs.uidaho.edu/hrco. [add. 1-08]
e. Reference and Background Checks. The committee is responsible for
checking references and contacting the potential employee regarding conducting criminal
history background checks, education verification and post-offer medical
screens, when appropriate. (See APM
50.16 and
50.17.) Employment Services will
work with the appropriate resources to conduct the criminal history background
checks and education verifications and provide the information necessary for the
potential employee to complete a post-offer medical screen. If a criminal
history background check and/or education verification and/or a post-offer
medical screen is necessary for the position, the potential employee may not
begin the job until Human Resources has reviewed satisfactory results.
[rev. and ren. 1-08]
f. Final Selection.
Completion and on-line submission of the Final
Selection to the Human Rights Compliance Officer and Employment Services precedes receipt of
approval to offer the position. [ed. 9-06, rev. and ren. 1-08]
g. Offer of Position. The “Affirmative Action approval by the Human Rights Compliance Officer indicates affirmative action procedures
have been completed. After receiving approval to offer from Employment Services, the offer is
approved by the hiring college or unit administrator following established procedures in the
college or unit. [rev. and ren. 1-08]
C-3. Retention of Files. Hiring records, including job advertisements,
applications and resumes, selection forms, minutes of meetings in which
applicant qualifications are discussed, letters of reference, and interview
notes, are to be retained by the hiring department for five years from the
effective date of hire or close of the search when no hire is made. [rev.
1-08]
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