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EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS AND GUIDELINES FOR SEARCH ACTIVITIES
A principal objective of the University’s Equal Employment and Affirmative Action Program is the discovery, termination, and prompt remedy of formal or informal policy or practice that discriminates against individuals or groups of individuals. The second principal objective of the EEO/AA Program is to ensure the appropriate full utilization of women and members of racial minority groups within the EPA administrative/faculty/staff complement of North Carolina Central University. To ensure compliance with both objectives, recruitment and selection efforts will be monitored by the EEO/AA Officer.
Faculty and EPA Non-Faculty Recruitment:
North Carolina Central University is committed to equal employment opportunity and recruits and hires persons without regard to race, color, creed, national origin, sex, religion, disability, age or honorable service in the armed services of the United States, and seeks to make decisions on employment to further these principles. This policy shall be conducted in accordance with all provisions of state and federal law, and regulations prohibiting any such discrimination. Consistent with this commitment, the following procedures regarding recruitment and hiring have been established to ensure equal employment opportunity and non-discrimination in the recruitment and selection process.
1. ADVERTISING Any faculty and non-faculty position that carries an FTE of 75% or more, and which is for a stated term of twelve (12) months or more (in the case of faculty positions, for a stated term of one academic year or more) must be advertised. This requirement also extends to “at will” hires which are appointments with no set length of employment.
2. VACANCY ANNOUNCEMENT The hiring official is required to submit the vacancy announcement to the EEO Office for approval prior to placing advertisements or opening positions for recruitment. The vacancy announcement must include the essential functions of the position, the required qualifications, desired qualifications (if any), application deadline, and application process. Each announcement must carry the notation, “North Carolina Central University is an Equal Opportunity/Affirmative Action Employer” in clearly distinguishable type.
3. WAIVERS (INTERIM APPOINTMENTS)
A. Upon request and approval by the EEO/AA Officer, advertising and search requirements may be waived in the case of unforeseen emergency personnel appointments (i.e., where academic departments and administrative units need to make an appointment to meet an unforeseen personnel emergency, e.g., death, medical incapacitation or immediate resignation of a current employee).
B. Such appointments may be made only where the individual proposed as an emergency appointee otherwise meets all the requirements for the position in an academic or administrative unit.
C. An individual appointed via this waiver process will be considered an ‘interim appointee’ for the position, and this designation will be noted in the employment contract.
D. The appointments should be for a fixed-term of no more than one year, except in the case of an interim senior administrative appointment where the appointment will be at-the-will of the Chancellor.
E. The academic department or administrative unit must initiate all requests for waivers for interim appointments. The request for waiver of the advertising and search requirements and the recommendation to appoint must be forwarded to the EEO/AA Officer. A full explanation of the reasons for requesting the waiver and recommending the appointment should be included.
F. The request and recommendation must contain sufficient information to demonstrate that the appointment of the candidate is not inconsistent with the University’s equal employment opportunity commitment.
G. Prior to submission to the EEO/AA Officer, the recommendation must have the approval of the Chancellor, Dean or Director of the respective college, school, institute or administrative unit, and the Vice Chancellor or the Executive Assistant to the Chancellor, as appropriate. H. All waivers must be approved by the EEO/AA Officer prior to an offer of appointment.
4. WAIVERS (PERMANENT APPOINTMENTS)
Occasionally, circumstances exist that might allow for regular advertising and search requirements to be entirely waived. Candidates appointed under this provision become full time permanent employees.
A. Permission to hire permanent employees under this section is granted solely at the discretion of the EEO/AA Officer and the Chancellor.
B. Some situations that may arise in which a full search may not be required are:
i. The requirements for certain positions are sufficiently specialized that they can be filled only by a limited number of scholars, all of whom are known to the professional community;
ii. An opportunity arises to recruit a scholar of great eminence;
iii. It may be necessary to offer an appointment to spouses of successfully recruited candidates, where the spouse possesses appropriate qualifications making him or her highly qualified for an available position, and where the timing of negotiations of the successfully recruited candidate requires the immediate ability to respond to the candidacy of the spouse for the position in question; and
iv. The receipt of a grant may be contingent upon assembling an appropriate research team in advance of its award.
CERTIFICATION OF RECRUITMENT AND SELECTION EFFORTS
1. Data regarding all recruiting efforts must be recorded on the Affirmative Action Compliance Report. Records are required to communicate with all interested parties during the hiring process, to report each year’s recruiting efforts, and to enable the University to respond fully and in an informed manner to any future inquiries regarding the recruitment efforts undertaken in order to identify minority and women candidates for faculty and non-faculty positions.
2. In filling all EPA vacancies, whether attributable to the creation of new positions, vacancies in established positions, opportunities for promotion or upon initial faculty appointment, each department or school is required to submit an Affirmative Action Compliance Report to the EEO/AA Officer. A complete search file displaying all activity conducted in considering candidates of both genders and all races/ethnicities prior to the recommended action, as well as an explanation of why the action recommended is justifiable relative to the qualifications of other candidates similarly situated must accompany the report.
3. No offer of employment will be extended unless the person recommending employment has received Affirmative Action Compliance Report or EEO/AA Waiver approval from the EEO/AA Officer. Each recommendation is forwarded to the respective Director, Department Chairperson, Dean and Vice Chancellor, Special Assistant to the Chancellor, Executive Assistant to the Chancellor or Chancellor for administrative review prior to forwarding to the EEO/AA Officer for final review. This process ensures that chief academic and administrative officers play an integral role in the EEO/AA process.
4. If the EEO/AA Officer concludes that inadequate affirmative effort was conducted in the identification of female and minority candidates, that female or minority candidates identified have not been accorded equal competitive opportunity, or that discriminatory practices existed during the process, the EEO/AA Officer will report the findings to the respective Vice Chancellor, Special Assistant to the Chancellor or Executive Assistant to the Chancellor. The EEO/AA Officer may require that the recruitment process be reopened and extended with alternative methods employed in seeking additional female and minority applicants. If disagreement between the EEO/AA Officer and the respective senior administrator exists, the matter shall be referred to the Chancellor for final resolution.
NOTE: No contract that carries an FTE of 75% or more, and which is for a stated term of twelve (12) months or more (in the case of faculty positions, for a stated term of one academic year or more), will be processed by the EPA Services Unit without an attached AFFIRMATIVE ACTION COMPLIANCE REPORT or an EEO/AA WAIVER statement approved by the EEO/AA Officer. This requirement also extends to “at will” hires which are appointments with no set lengths of employment.
GOALS: To ensure an equitable recruitment/selection process To develop a documentation file in compliance with Executive Order 11246 (See also Retention of Records, #10, p. 7)
1. Advisory Note Concerning Nondiscrimination Every person involved in screening, interviewing, and selecting applicants must exercise judgment at each step in the process to ensure that no applicant is discriminated against on the basis of race, color, creed, national origin, sex, religion, disability, age, or honorable service in the armed services of the United States. The screening of applicants must be based on the qualifications listed in the advertisements. All individuals selected for interview (or hired when interviews are not conducted) must meet the required qualifications advertised. If a specified degree is listed as required, only candidates who are expected to have completed all requirements for that degree before the appointment begins may be considered. Only those individuals who have submitted all application materials, required by the application deadline, may be considered for interview. No campus interviews, formal or informal, may be held before the application deadline date. Specific job related reasons must be provided for all applicants not recommended. “Does not meet qualifications” and “not a good fit” are not acceptable reasons.
2. Advertise all jobs unless advertising and search requirements are waived by the EEO/AA Officer and/or the Chancellor.
A. Advertisements must carry the notation "North Carolina Central University, an EEO/AA employer, complies with the Immigration Reform and Control Act of 1986. All new employees must provide original documents verifying identity and employability within the first three (3) days of employment with the University. Accommodation for applicants who qualify under the Americans with Disabilities Act or Section 503 of the Rehabilitation Act of 1973, as amended, is available upon request.”
B. Position descriptions must be free from textual and/or illustrative material which implies that preference will be given to applicants on the basis of race, color, creed, national origin, sex, religion, disability, age, or honorable service in the armed services of the United States unless one or more of these is a bona fide occupational qualification (BFOQ) for the position. Race, color, and disability can never be bona fide occupational qualifications. (See page 6 of this document for additional information regarding BFOQs.)
C. Position descriptions must reflect bona fide occupational qualifications and must not establish artificial barriers to employment.
D. Identical applicant information should be required and submitted by all candidates.
3. Bona Fide Occupational Qualifications (BFOQ) In a few very narrowly defined circumstances, a hiring official can consider creed, national origin, sex, religion, age, or honorable service in the armed services of the United States (but not race, color, or disability) in employment decisions. This exemption from federal law applies to a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that particular business. Courts closely scrutinize any employer’s claim of a BFOQ. While the BFOQ exemption rarely is applicable, it is often misused. It would be easy to prove that only a man should be hired as an attendant in the men’s locker room or fill a male role in a play. A more difficult task would be proving that only a man can coach the men’s basketball team. Some improper excuses that generate discrimination complaints are:
A. A man is needed to give the proper image;
B. Women can’t handle the pressure;
C. It’s not safe for women to work alone at night;
D. Women will quit when they get married or pregnant;
E. Women aren’t strong enough to unload trucks;
F. The employees would not like a white boss;
G. The public would not feel comfortable seeing a person with cerebral palsy;
H. A Muslim would not fit in at this office;
I. His accent makes him sound unintelligent; and
J. The office needs some young blood.
The possible types of discrimination are endless. Bias has the potential to affect every personnel decision, great or small--ranging from awarding tenure to deciding whether to reprimand an employee for returning from lunch five minutes late.
4. Accept no unsolicited resumes or applications from either external applicants or internal applicants.
A. Stamp and record all resumes and materials submitted by applicants. At a minimum, all resumes should reflect a date received in the upper right corner of the first page of the resume.
B. Use job-related criteria for the review and evaluation of all resumes and other requested materials. Typical criteria for appointment include:
i. The needs of the department and the University;
ii. The resources (salary funds) of the department and the University;
iii. The professional and personal characteristics of the candidate, qualitatively and quantitatively measured, including:
1. Education and training
4. Potential for growth and achievement
7. Capacity for cooperation
8. But not on the basis of race, color, creed, national origin, sex, religion, disability, age, or honorable service in the armed services of the United States (unless bona fide occupational qualification)
5. Job related questions must be asked of all candidates during the interview process.
6. Ensure the validity of any test given. All tests must be forwarded to the EEO/AA Officer for review and approval before administering it.
7. Be consistent, fair, and keep good records.
8. Maintain one search file for each selection. The search file should include but is not limited to the following documents:
A. A copy of the recruitment activities including an original printing of all advertisements (published electronically or printed), letters to affirmative action resources, job service listing, etc;
B. A copy of the job description including its minimum requirements;
C. Every internal and/or external application or resume reviewed in making the selection decision. All applications and resumes received must be date stamped;
D. Supplemental Personal Data for Evaluating Affirmative Action Recruitment forms;
E. Copies of the interview notes, tests, and other selection devices that were used to make the decision, including but not limited to
(i) a list of the questions asked of all interviewees,
(ii) a list of the criteria used to evaluate applicants and how the criteria was applied; and
(iii) all rating sheets;
F. All correspondence (including e-mails) to and from applicants;
G. Reference checks;
H. Disposition of every resume and or application; and
I. Completed Affirmative Action Compliance Report.
9. At the end of the selection process, forward the completed Affirmative Action Compliance Report and the search file to the EEO/AA Officer. (The completed report must be submitted to and approved by the EEO/AA Officer prior to an offer of employment or an appointment).
10. The EEO/AA Officer will return the approved Affirmative Action Compliance Report and the search file to the originator.
11. Retention of Records The statutes enforced by the Equal Employment Opportunity Commission (EEO) require employers to preserve personnel records. These records include, but are not limited to, all records pertaining to hiring, pay or other terms of compensation, records having to do with requests for reasonable accommodations, the results of any physical examination, job advertisements and posting, applications and resumes, interview questions and notes, explanations for eliminating candidates, and any other documents indicating how a search committee arrived at its decision. Search records must be maintained by the hiring department for a period of not less than three (3) years from the date of the record’s creation or last action, which ever occurs later. TRAVEL When bringing candidates to campus or going to interview a candidate, the chair of the search committee must follow the procedures outlined below.
1. Travel Request Form
A. A Travel Request form must be submitted prior to travel taking place, for either the candidate or the interviewer.
B. The Travel Request must be filled out completely, with the appropriate approval signatures, prior to submission to the NCCU Travel Office.
2. Advances for Candidates Traveling To Campus
A. The Travel Office can provide advances for airline tickets and lodging only for candidates who will be coming to the University for their interview.
B. Airline tickets may be purchased in advance only for candidates traveling to campus. Contact agents Cindy or Jamel, with Prestige Travel, at 919-787-8083. Inform them the ticket(s) will be billed to the University. Make the reservation and obtain the remaining appropriate signatures.
C. To secure a lodging advance for candidates visiting the campus, contact the hotel and have them fax the room rate (including taxes). Then, calculate the total and record the information on the travel request form.
D. If you are providing meals for interview candidates, the meals must be deducted from the estimated travel totals.
E. The meal per-diem will be reimbursed at the in-state travel rate. If the candidate pays for meals, (s)he will be reimbursed for meals after travel is complete. Completion of the reimbursement form will fulfill this requirement.
3. Advances for Traveling To Interview Candidates
A. If you are traveling to meet with candidates, you must pay for your expenses out-of- pocket. You will be reimbursed after travel is complete.
B. If you travel out of state, your meal per-diem will be reimbursed at the out-of state rate.
4. Additional Transportation
A. Please obtain taxi/shuttle receipts for other modes of transportation that may be utilized during travel.
B. Ground transportation will be reimbursed to the traveler after travel is complete. NOTE: It is important that the search committee chair contact the Travel Office at 530-6340 to assist in the travel process.
EPA INTERIM APPOINTMENTS REQUEST FOR WAIVER OF ADVERTISING AND SEARCH REQUIREMENTS:
This form should be used to request the waiver of advertising and search requirements in cases of unforeseen personnel emergencies (e.g., death, medical incapacitation or immediate resignation of a current employee). The completed request and supporting documentation are to be submitted to and approved by the EEO/AA Officer before any offer of employment or appointment.
1. Candidate/Position Data Department/Unit: School/College: Title of Position: Name of Candidate Recommended: Highest Degree Earned: Effective Date (From): (To): Race: Gender: Recommended Salary: * If salary exceeds salaries of incumbents in the same position title, please provide justification. Use additional sheets if necessary.
2. Give specific reasons for the request for waiver:
3. Attach a job description that includes the minimum requirements for the position.
4. Attach a resume for the person recommended.
5. Did you consider other candidates for the position? Yes No If yes; (1) provide resume(s) and (2) attach additional sheets if necessary. Name Race/ Gender Highest Degree Earned Reason not Recommended
6. Give specific reason(s) the action is being recommended for the person named:
7. List special efforts to identify minority (i.e., Black, American Indian, Hispanic, Asian) and women candidates (e.g., professional caucuses, organizations or universities):
8. Authorizing Signatures Individual making recommendation Date Department Chair/Program Director Date Dean or Special/Executive Assistant Date Chancellor/Vice Chancellor Date
9. Action of EEO/AA Officer: Approved Rejected For: Name of Selected Candidate Position Title Reason(s) for rejection: EEO/AA Officer Date
AFFIRMATIVE ACTION COMPLIANCE REPORT:
This form is to be completed with respect to all recommendations concerning the employment or appointment of an individual to fill a new position or to fill a vacancy in an established position. The completed report is to be submitted to and approved by the EEO/AA Officer before any offer of employment or appointment.
1. Candidate/Position Data Department/Unit: School/College:
Title of Position:
Name of Candidate Recommended:
Highest Degree Earned:
Effective Date (From): (To):
Recommended Salary: * If salary exceeds salaries of incumbents in the same position title, please provide justification. Use additional sheets if necessary.
2. Attach advertisement that includes a description of duties and the minimum qualification requirements for the position.
3. Sources of advertisement: (attach copies of letters/announcements) National professional journals and newspapers Regional journals and newspapers Letters and announcements to schools Professional meetings Other recruitment methods: (list)
4. Special efforts to identify minority (i.e., Black, American Indian, Hispanic, Asian) and women candidates (e.g., professional caucuses and organizations or universities):
5. Search committee (include full name, faculty rank, race and gender; identify Search committee chairperson) Name Title Race/ Gender Chair?
6. Record of Applications Summary tabulation of applicants Note: An applicant is any individual recommended, nominated or who makes written application to or is solicited by a University department, school or other employing unit for employment as a faculty or EPA non-faculty employee. BLACK WHITE HISPANIC AMERICAN INDIAN ASIAN UNKNOWN TOTAL MALE FEMALE UNKNOWN TOTAL
7. Methods used to ascertain race and gender. (Forward an Affirmative Action Letter and/or Supplemental Personal Data for Evaluating Affirmative Action recruitment to each applicant.)
8. Record of Applicants excluded from consideration
A. Summary tabulation of all applicants who have been excluded from consideration (i.e., any applicant not selected for interview) BLACK WHITE HISPANIC AMERICAN INDIAN ASIAN UNKNOWN TOTAL MALE FEMALE UNKNOWN TOTAL
B. Give specific reasons for the exclusion from consideration of all applicants. List each applicant individually and the reason(s) for exclusion. Please use additional sheets if necessary. Name Race/ Gender Reason for Exclusion
C. Summary tabulation of individuals offered interviews BLACK WHITE HISPANIC AMERICAN INDIAN ASIAN UNKNOWN TOTAL MALE FEMALE UNKNOWN TOTAL
D. For each individual offered an interview but not recommended for the position, provide the information requested below (attach additional pages if necessary): Name Race/ Gender Reason for Exclusion
E. For the recommended candidate, list your reasons why you feel this applicant is best qualified. Name Race/Gender Reason for Selection
SIGNATURES AND EEO/AA DESIGNATION:
We certify that the University’s Equal Employment Opportunity and Affirmative Action policies have been followed at each stage of the recruitment and selection process. Documentary evidence is on file in the office of the Chairperson, Dean, Director, Special Assistant, Executive Assistant or Chancellor to support the above representations.
Individual making recommendation Date Department Chair/Program Director Date Dean or Special/Executive Assistant Date Chancellor/Vice Chancellor Date
Action of EEO/AA Officer: Approved Rejected
For: Name of Selected Candidate Position Title
Reason(s) for rejection: EEO/AA Officer Date
Affirmative Action EEO MEMORANDUM
TO: Vice Chancellors Deans Department Chairpersons Directors
FROM: Andria Knight, Director EEO/AA
DATE: July 1, 2007
RE: Affirmative Action Letter/Supplemental Personal Data for Evaluating Affirmative Action
Recruitment The Affirmative Action Letter for Applicants requests supplemental personal data from job applicants for the purpose of evaluating affirmative action recruitment. The letter is to be used in conjunction with recruitment for all faculty positions and all staff positions that are exempt from the provisions of the State Personnel Act (EPA). The business reply return envelopes should bear the following address: Equal Employment Opportunity/Affirmative Action Office North Carolina Central University 1801 Fayetteville Street, Room 111 Durham, North Carolina 27707 Recommended procedures for using the Affirmative Action Letter as part of the recruitment process are as follows:
1. The requesting department or office advertises the position.
2. Applications are received and date stamped.
3. For all unknown applicants, the recruiting department/office sends the Affirmative Action Letter and return envelope.
(NOTE: The title, department or office in which the vacancy exists, the date application was received and position applied for should be entered on the Affirmative Action Letter by the recruiting department/office BEFORE sending to applicants along with a reply envelope.)
4. Upon receipt of the AA Compliance Report, the EEO/AA Officer will insert the race and gender changes and request additional information if necessary. Questions regarding the Affirmative Action Letter may be referred to the EEO/AA Officer.
Chancellor Charlie Nelms Enclosure: Affirmative Action Letter/Supplemental Personal Data for Evaluating Affirmative Action Recruitment
AFFIRMATIVE ACTION LETTER
Date of Letter
North Carolina Central University is an Equal Opportunity Employer committed to the policies and principles of affirmative action in its recruitment procedures. To assist the University in responding to inquiries by federal and state agencies, we measure and monitor our recruitment success by evaluating personal data received from applicants. In this connection, I would appreciate you providing the information requested on the reverse of this letter and returning it in the business reply envelope provided. Disclosure of this information is voluntary and will be used only for legally required reporting purposes and in furtherance of equal employment opportunity. The information provided will not be used in any way to evaluate your qualifications for the position you are seeking. Thank you for your cooperation.
SUPPLEMENTAL PERSONAL DATA FOR EVALUATING AFFIRMATIVE ACTION RECRUITMENT
Date of Application: Position Applied For:
Please check the information appropriate to you:
1. PREDOMINANT ETHNIC BACKGROUND
White, not of Hispanic origin.
Persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. Black, not of Hispanic origin.
Persons having origins in any of the black racial groups of Africa.
Hispanic. Persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
American Indian or Alaskan Native. Persons having origins in any of the original peoples of North American, who maintain cultural identification through tribal affiliation or community recognition. Asian or Pacific Islander. Persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa.
2. GENDER: Female Male
3. SOURCE OF VACANCY INFORMATION:
Advertising; what source:
Vacancy Notice; where posted: Word of mouth from: or NCCU faculty/staff member Other (please specify):
Invited to apply by: or NCCU faculty/staff member If none of the above, please specify:
[NOTE: This document is also available as a PDF file]