Division of Diversity, Access and Equity
Frequently Asked Questions
General -
Hiring -
Responsibilities -
Disability
GENERAL
What are equal opportunity,
affirmative action and diversity? Is it the same concept, just different
labels?
A. While equal opportunity, affirmative action and diversity are closely related, there are clear distinctions in definition and objectives between these concepts.
· Equal Opportunity, as defined by law and court decisions, is the prohibition of discrimination on the basis of race, color, religion, national origin, sex, age, or disability as well as on the basis of martial status or sexual preference. Equal employment opportunity is the right of all persons to be treated on a non-discriminatory basis.
·
Affirmative Action requires
employers to do more than ensure employment neutrality. Affirmative Action
requires employers to go farther- to take positive steps to fairly notify,
recruit, employ and promote qualified members of under-represented groups
and to eliminate discrimination. Affirmative Action is a proactive concept
that requires aggressive, vigorous and systematic activities to achieve
diversity and equality for all. According to the Equal Opportunity
Commission, Affirmative Action “is considered essential to assuring that
jobs are genuinely and equally accessible to qualified persons, without
regard to their sex, racial or ethnic characteristics”.
Affirmative Action also means that the organization must actively seek to
remove barriers that artificially limit the professional and personal
development of individuals who are members of protected classes.
·
We, at UMKC, have
included diversity, inclusiveness and respect as one of our core values and
take a stand for creating a positive environment by recognizing and
acknowledging personal bias and being responsible for positive change. We
have committed to seeking, supporting and celebrating the diversity of
people by respecting individual dignity regardless of mental/physical
ability, race, religion, learning style, education level, socioeconomics,
sexual orientation, gender, appearance, job, nationality and any other
social construct/label that intends to diminish individual or group
diversity, inclusion and respect.
Diversity Programs and Affirmative Action policies are
interdependent means to ensure equal opportunity, access, respect and
inclusion throughout UMKC.
Can you provide
me a list of all African American and Hispanic faculty and staff on campus
for a mass mailing for a project for my community organization?
A. No. This is not public
information; it is maintained by the university as required for federal
reports and planning purposes.
What is the
Affirmative Action Plan?
A. A written affirmative action
plan is required of all federal contracts holding contracts of $50,000 or
more with 50 or more employees. The affirmative action plan is designed to
provide ways in which to measure yearly improvements in hiring, training and
promotion of minorities and women in all parts of an organization. The
effectiveness of the plan is measured by the results it actually achieves
rather than by the results it is intended to achieve. An affirmative action
plan is prepared by the Division of Diversity, Access and Equity yearly for the
university. The plan helps us measure our progress and identify the need
for different strategies.
What does underutilized
mean?
A. To explain
“underutilization”, you must first understand “availability.” A very brief,
simple definition of availability is the presence of members of a protected
class, such as women or minorities, who are qualified, willing, and able to
work at a particular occupation. Availability is calculated for all
occupational categories at the university, and the degree of availability
that exists for women and minorities is used to determine the goals that are
set for each occupational category.
When UMKC employs fewer members of a protected class in a particular
occupational category than would reasonably be expected based on their
availability, we are underutilized for the protected class. For example, if
availability calculations show us that we should have 30 women accountants
at the university, but we only have 20, we would be underutilized for women
accountants by 10 women. For more information on availability and
underutilization, see the current Affirmative Action Plan.
HIRING
Is Affirmative Action a set
of laws used to disadvantage whites and diminish their chances to obtain
employment and opportunities?
A. Affirmative Action is a term
that has been applied to many public and private initiatives designed to
address problems of discriminating or exclusion in employment, education and
contracting. The policies were instituted as a vehicle to transform the
landscape of American social justice from an unequal playing field to an
equal one. However, these policies have often been wrongly perceived as a
tool used to subjugate whites.
In truth, the policies are the government’s mechanism for implementing the
Civil Rights Acts by ensuring that employers’ participate in good faith
efforts to eliminate discrimination. These good faith efforts ensure that
specific, results-oriented procedures are employed to balance competing
interests and provide equal access in educational and employment arenas for
all people.
Do I have to hire a minority or
woman who is less qualified for a job to comply with the Affirmative Action
Plan?
A. No. Affirmative Action gives
everyone an opportunity to be judged on individual merit. Affirmative
Action does not require an employer to hire a person who lacks the
qualifications to perform the job successfully, hire unqualified, or hire a
less qualified person in preference to a more qualified one. Rather,
Affirmative Action gives women, minorities, persons who are differently
abled, and veterans a chance to compete.
Why must the
Affirmative Action form be signed by every signatory including the person
representing the Division of Diversity, Access and Equity before a job offer can be
extended?
A. The signatures serve as
evidence that the hiring process has been reviewed and found to be in
compliance with the procedures in the campus Affirmative Action Plan, which
is the specific responsibility of the Division of Diversity, Access and Equity.
Do affirmative action laws only
require us to hire women and specific minority groups?
A. No. The law requires that we
offer employment opportunities to veterans and persons with disabilities as
well as women and members of minority groups. Additionally, hiring women or
minorities in lower level positions which do not offer potential for
advancement is unacceptable. The same kinds of opportunities must exist for
everyone.
Does affirmative action mean
quotas?
A. No. Affirmative Action plans
do not impose quotas. Affirmative Action plans seek to increase the pool of
qualified applicants, including minorities, women, veterans and persons with
disabilities, by using aggressive recruitment and outreach programs, setting
goals and establishing training program, among other measures.
Is affirmative action a form of
reverse discrimination?
A. Affirmative action is not a
form of reverse discrimination. The concept of affirmative action addresses
the fact that discrimination against members of minority groups and women
has been a part of our nation’s history and continues to exist. Affirmative
Action attempts to offer redress. Learning to appreciate the contributions
of women and minorities requires a change in the way we think. It does not
mean devaluing the contributions of others. Factors to consider are for
example that a candidate may be able to serve as a role model for other
employees and students and can offer a range of perspectives are also
relevant to the position. However, no one should be selected solely because
of their membership in any group; similarly, no one should be rejected on
that basis.
Further, the United States Department of Labor (DOL) has found that
affirmative action programs do not lead to widespread reverse discrimination
claims. It also found that a high proportion of claims that are filed lack
merit. These findings refute the charge that affirmative action has helped
minorities and women at the expense of white men. The DOL study found that
fewer than 200 out of 3,000 discrimination cases filed involved reverse
discrimination claims, and in only six cases were such claims substantiated.
What happens if
an employer who receives federal funds such as UMKC does not meet
Affirmative Action requirements?
A. Failure to comply with
Executive Order 11246 and its nondiscrimination and affirmative action
provisions is a violation of an employer’s contract with the government. A
contractor in violation of EO 11246 may have its contract canceled,
terminated, or suspended, and the contractor may be debarred (i.e. declared
ineligible for future government contracts).
Why do we have
to send all persons who apply for positions the Applicant Data Form? This
is very time consuming and costly for the units.
A. Although, this information is
voluntary and not a condition of employment it is very important for
affirmative action purposes, because the forms allow us to compile
statistics on the ethnic composition of applicants for the positions we
advertise. The information is not given to the hiring departments; it is
kept in the Division of Diversity, Access and Equity and Human Resources Offices
for statistical purposes only.
As a member of
a search committee can I receive information on the race and sex of the
candidates we are considering interviewing?
A. This information is not
available to search committees or the hiring units. The information is used
for statistical purposes only to ensure that searches are reaching diverse
populations.
Because it is illegal to hire on the basis of race or sex, knowing that
information could create legal liability for the university. Equally
important, applicants are told that the information is voluntary, not a
condition of employment, and will not be shared with the selecting
officials.
When is an
Affirmative Action Approval Form required?
A. All persons who will receive
a university paycheck for any length of time must be approved for
affirmative action purposes or receive a waiver of the normal hiring
procedures.
The affirmative action approval form must be signed or a waiver must be
granted prior to an offer being made.
Do direct
promotes require the Division of Diversity, Access and Equity approval?
A. Yes. Select the appropriate
affirmative action approval form, depending on whether the employee is
academic, staff, or student. The name of the employee being promoted should
be written on the form where the names of the applicants are usually
listed. Indicate “direct promote.”
If the position
is being paid with grant money do I need to complete Affirmative Action
paperwork?
A. Yes. All persons who receive
a university paycheck regardless of the source of funding must have a
completed and approved affirmative action form.
What are the other responsibilities of the Office of Diversity and Equity?
A. The Division of Diversity, Access and Equity is charged with ensuring that the university meets its obligations as
an equal opportunity/affirmative action institution and to promote and
support campus diversity initiatives. The Division of Diversity, Access and Equity is
therefore accountable for implementing, articulating and advocating the
university’s policies, procedures and priorities in the areas of diversity,
equal opportunity and affirmative action.
The office has the responsibility to ensure compliance with federal and
state laws by providing a forum for the investigation and resolution of
complaints and concerns related to discrimination and sexual harassment, to
serve as a liaison between the university and external enforcement
agencies; to provide guidance to the university community by creating
processes designed to ensure equity and nondiscrimination; and to assist
Human Resources and departments with their hiring goals and recruitment of
faculty, staff and administrators.
Additional responsibilities of the office include conducting investigations by a legal analysis and establishment of a prima facie discrimination and/or sexual harassment and facilitating training programs. This office also coordinates the disability accommodation requests for faculty and staff, provides guidance to employees and supervisors, and works collaboratively with the Students Disabilities Service Office to ensure requested accommodations are provided to students with disabilities.
How can the Division of Diversity, Access and Equity help me?
A. Staff in the office is
available to listen and provide general information regarding your concerns
about discrimination, and sexual harassment. The staff can provide you with
options on what, if any, recourse you might want to have. Initially you may
not want to share information about a specific person who you feel may have
discriminated against you or sexually harassed you; you may just want to
hear what recourses are available. The decision to take action is yours, as
long as your conversation remains anonymous and non-specific.
However, because discrimination and sexual harassment are illegal, when the University learns who may be violating these laws, the University is legally obligated to take action. If after talking to the staff, you choose to mention specific names, then the role of the staff member changes from an advisor to an investigator.
In the role of
investigator, the staff member listens to complaints, reviews and gathers
information by talking to you and the accused, and witnesses, if there are
any. The investigator also maintains a record, provides information and
seeks an appropriate resolution sought. An intake form and information
checklist will probably be used during the interview to ensure that
important issues are covered. The intake form will also be used to document
what course of action you decide to follow.
The Division of Diversity, Access and Equity is also available to provide guidance on
reasonable accommodations if you require one to perform the essential
functions of your position.
What is the informal review process?
A. The informal review
is a process that attempts to resolve your issues or concerns about
discrimination or sexual harassment at an informal level without your having
to file a formal grievance.
The review will involve talking to you, the person or persons involved in
your complaint, and any witnesses identified by either you or the person
complained against. It may also include talking to other persons that the
staff thinks might be helpful. When interviewing the accused the staff will
reveal your name and the nature of the complaint/concern. Every person
contacted will be advised of her/his responsibility to maintain
confidentiality regarding all aspects of the review. Copies of the
University’s policy prohibiting discrimination, sexual harassment, and
retaliation will be provided and reviewed.
DISABILITY
How is
disability defined in the law?
An individual with a disability
is a person who: Has a physical or mental impairment that substantially
limits one or more major life activities; has record of such impairment, or
is regarded as having such impairment.
What are reasonable accommodations?
A. Reasonable accommodation may
include, but is not limited to; making existing facilities used by students
and employees readily accessible to and usable by persons with disabilities;
job restructures, work schedule modifications, reassignment to a vacant
position; acquisition or modification of equipment or devices, adjustment or
modifications of examinations, training materials or policies, and
provision of qualified readers or interpreters.
An employer is required to make an accommodation to the known disability of
a qualified applicant or employee, if it would not impose undue hardship on
the operation of the employer’s business. Undue hardship is defined as an
action requiring significant difficulty or expense, when considered in light
of factors such as employer’s budget, size, etc. An employer is not
obligated to provide personal use items as an accommodation.
Are employees
or applicants who are currently using drugs covered by ADA?
A. No. Individuals who
currently engage in illegal use of drugs are specifically excluded from the
definition of a “Qualified individual with a disability” protected by the
ADA when the employer takes action on the basis of their drug use.
Can an employer
require the same level of performance from an employee with a disability?
A. An employer can hold
employees with disabilities to the same standards of performance as other
similarly situated employees without disabilities for performing essential
job functions, with or without accommodation.
Can an employer
establish specific attendance and leave policies?
A. An employer can establish
attendance and leave policies that are uniformly applied to all employees,
regardless of disability, but may not refuse leave needed by an employee
with a disability if other employees get such leave. An employer also may
be required to make adjustments in leave policy as a reasonable
accommodation. The employer is not obligated to provide additional paid
leave, but accommodations may include leave flexibility and unpaid leave.
An individual with a disability may requests a modification of the leave
policy as a reasonable accommodation and an employer may be required to
provide it, unless it would impose an undue hardship.
Are alcoholics
covered by the ADA?
A. Yes. While a current illegal
user of drugs is not protected by the ADA if an employer acts on the basis
of such use, a person who currently uses alcohol is not automatically denied
protection. An alcoholic is a person with a disability and is protected by
the ADA if she/he is qualified to perform the essential functions of the
job. An employer may be required to provide an accommodation to an
alcoholic. However, an employer can discipline, discharge or deny
employment to an alcoholic whose use of alcohol adversely affects job
performance or conduct. An employer also may prohibit the use of alcohol in
the workplace and can require that employees not be under the influence of
alcohol.
