Academic Affairs Manual (ACD)

Effective: 7/1/1978

Revised: 6/8/2007

ACD 401: Equal Opportunity/Affirmative Action

Purpose

To specify the university’s policy on equal opportunity and affirmative action

Sources

20 United States Code §§ 1681–83 (1980)

29 United States Code § 206d (1980 & Supp. II, 1982); § 623 (1980 & Supp. II, 1982); § 793 (1980); § 794 (1980)

38 United States Code § 2012 (1980)

42 United States Code § 2000d (1980); § 2000e (1980); § 6101 (1980)

Americans with Disabilities Act of 1990 (ADA), 42 United States Code § 12101 et seq.

Executive Order 11246, as amended by 11375, 11478, and 12086

Arizona Revised Statutes § 41–1461

Arizona Board of Regents Policy Manual - 6–808

Applicability

All ASU employees and students

Policy

It is the policy of ASU to provide equal opportunity through affirmative action in employment and educational programs and activities. Discrimination is prohibited on the basis of race, color, religion, national origin, citizenship, sex, gender identity, sexual orientation, age, disability, Vietnam-era veteran status, other protected veteran status, newly separated veteran status, or special disabled veteran status. Equal employment opportunity includes but is not limited to: recruitment, hiring, promotion, termination, compensation, benefits, transfers, university-sponsored training, education, tuition assistance, and social and recreational programs.

ASU is committed to taking affirmative action in increasing opportunities at all levels of employment and to increasing participation in programs and activities by all faculty, staff, and students. Affirmative action is directed toward minority persons, women, Vietnam-era veterans, other protected veterans, newly separated veterans, special disabled veterans, and persons with disabilities.

Any employee or student may visit with the director of the Office of Diversity, Human Resources to confidentially discuss any concern and to explore available options without fear of jeopardizing either employment or academic status within the university.

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University Policy Prohibiting Harassment

Harassment Prohibited

Subject to the limiting provisions of the Freedom of Speech and Academic Freedom section below, it is a violation of university policy for any university employee or student to subject any person to harassment on university property or at a university-sponsored activity.

Harassment Defined

Actions constitute harassment if:

1. they substantially interfere with another’s educational or employment opportunities, peaceful enjoyment of residence, physical security

   and

2. they are taken with a general intent to engage in the actions and with the knowledge that the actions are likely to substantially interfere with a protected interest identified in subsection 1 above. Such intent and knowledge may be inferred from all the circumstances.

Freedom of Speech and Academic Freedom

Neither this nor any other university policy is violated by actions that amount to expression protected by the state or federal constitutions or by related principles of academic freedom. This limitation is further described in the “ASU First Amendment Guidelines,” the current version of which supplements this policy and is available in the Office of the General Counsel.

Relationship to the Work of the Campus Environment Team (CET)

If harassment is discriminatory, it falls within the education, information gathering, and referral functions of the CET. Harassment is discriminatory if taken with the purpose or effect of differentiating on the basis of another person’s race, sex, gender identity, color, national origin, religion, age, sexual orientation, disability, other protected veteran status, special disabled veterans status, or Vietnam-era veteran status.

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General Guidelines

In making personnel and other decisions, the responsible university hiring officials, committees, groups, and individuals are guided by the following:

1. Qualifications

   The university establishes and maintains standards necessary for the successful performance of the institution’s teaching, research, and service functions. Only individuals meeting the established qualifications will be employed and/or promoted. Any department or division using a test to ascertain qualifications of employees or applicants for employment in positions is responsible for establishing its validity in accordance with federal regulations and for maintaining a current copy of the test on file in the Office of Diversity, Human Resources.

2. Hiring

   Only individuals meeting the established qualifications will be employed and/or promoted. University employee selection decisions are made on the basis of job-related qualifications and not on the basis of race, color, religion, national origin, citizenship, sex, gender identity, sexual orientation, age, disability, Vietnam-era veteran status, other protected veteran status, newly separated veteran status, or special disabled veteran status, except where sex or age is a bona fide occupational qualification. Among finalists for a position, primary consideration will be given to meeting affirmative action objectives.

3. Training

   To the extent resources permit, the university, as well as individual departments and divisions, provides on-the-job and other training programs designed to improve the skills required to perform assigned duties and to enhance opportunities for transfer and promotion. Available training programs are open to eligible employees without regard to race, color, religion, national origin, citizenship, sex, gender identity, sexual orientation, age, disability, Vietnam-era veteran status, other protected veteran status, newly separated veteran status, or special disabled veteran status.

4. Benefits

   The university reviews any changes in benefit policies and practices to ensure compliance with the university’s equal employment opportunity policy and reviews existing benefit policies and practices whenever required by changes in laws or regulations.

5. Pay

   Faculty and staff job categories, pay rates, and duties are established in accordance with the concept of equal pay for equal work, and pay decisions are made without regard to race, color, religion, national origin, citizenship, sex, gender identity, sexual orientation, age, disability, Vietnam-era veteran status, other protected veteran status, newly separated veteran status, or special disabled veteran status. In addition, salary adjustments will be studied annually with regard to pay equity for all employees. However, proposed salary adjustments should be studied before implementation to minimize equity problems.

6. Promotion and Tenure

   Faculty promotion and tenure decisions and staff promotions are made without regard to race, color, religion, national origin, citizenship, sex, gender identity, sexual orientation, age, disability, Vietnam-era veteran status, other protected veteran status, newly separated veteran status, or special disabled veteran status. Promotion policies and practices are communicated to employees and administered in accordance with the university’s equal opportunity and affirmative action policies.

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Race/Sex/Age Discrimination Guidelines

1. ASU does not discriminate on the basis of race, sex, gender identity, or age in employment, application for employment, benefit programs, training opportunities, or any other employment or educational program or activity.
2. University policies and procedures mandate the assessment of applicants and employees on job-related criteria without regard to race, sex, gender identity, or age. Each applicant is evaluated on his or her individual qualifications and ability to do the work required by the particular job.
3. All employment advertisements appearing in newspapers or other media are placed under nondiscriminatory headings.
4. ASU provides men and women the same employment opportunities, wages, hours, conditions of employment, and employer contributions to insurance, retirement, and other benefit programs. Sex-based criteria are not used in determining salaries.
5. All administrative, management, and supervisory level positions are open to qualified applicants regardless of race, sex, or age.
6. There is no distinction or discrimination between married and unmarried applicants or employees of either sex.
7. ASU does not deny employment because of pregnancy. Maternity leave is provided through sick leave policies that apply to women employees who take time off for pregnancy, childbearing, and/or related conditions (see ACD 702–02, “Health-Related Leave,” SPP 701–01 “ Sick Leave–General Policy,” ACD 702–03, “Family Leave,” and SPP 705–02 “Family Leave”). ASU does not penalize women in terms of conditions of employment because of pregnancy and childbearing. Furthermore, following childbirth, a woman employee who indicates her intent to return within a reasonable time shall be reinstated to a position of like status and pay without loss of pay or benefits.
8. The employee leave policies apply to men and women employees who take time off for child-care purposes.
9. ASU does not have an exclusionary policy regarding women with children.
10. ASU has sufficient facilities, such as washrooms, for women and men employees.
11. To provide equal access to all training programs, employees are advised of training opportunities through the university bulletin, ASU Insight, and the Employee Development Program Schedule.
12. ASU has the same mandatory and optional retirement policies for all eligible employees.
13. Sexual harassment, as defined in 29 Code of Federal Regulations § 1604 (1990), is prohibited by university policy (see ACD 402, “Sexual Harassment,” for the complete policy).

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Affirmative Action Program for Individuals with Disabilities, Special Disabled Veterans, Other Protected Veterans, Newly Separated Veterans, and Vietnam-Era Veterans

1. The Affirmative Action Program for individuals with disabilities, special disabled veterans, other protected veterans, newly separated veterans, and Vietnam-era veterans, which applies to staff and job applicants, is periodically reviewed and updated. Significant changes in procedures, rights, or benefits that occur as a result of the annual updating are communicated to staff and job applicants.
2. Each job applicant is evaluated on individual qualifications and ability to perform the essential functions of a particular job. All levels of employment are open to disabled individuals, special disabled veterans, other protected veterans, newly separated veterans, and Vietnam-era veterans.

   A component of affirmative action includes employing and advancing in employment qualified disabled individuals. Such actions apply, but are not limited, to all employment practices including: recruitment or advertising; hiring, promotion, or transfer; pay rate, salary adjustments, or other forms of compensation; selection for training; and termination.

3. Employment practices are monitored and reviewed to ensure that procedures result in careful, thorough, and systematic consideration of the job qualifications of known disabled, special disabled veteran, other protected veteran, newly separated veteran, or Vietnam-era veteran applicants and staff for both job vacancies, filled either by hiring or promotion, and training opportunities. Each applicant for employment may voluntarily self identify as being an other protected veteran or being a Vietnam-era veteran.
4. Any physical or mental job qualification requirements that may tend to screen out qualified disabled individuals, special disabled veterans, other protected veterans, newly separated veterans, and Vietnam-era veterans and that are used by the university to select applicants for employment or to select staff for changes in employment status, e.g., promotion, are job related and required as a business necessity or for the safe performance of the job. The university has the right to conduct a comprehensive medical examination after an offer of employment is made, provided that the results of such an examination are used only in accordance with the requirements of 41 Code of Federal Regulations § 60-741.6 (1990).

   Information about an applicant’s or staff member’s physical or mental condition and the results of required medical examinations are confidential, subject to these exceptions:

   1. required accommodation to and restrictions on the work or duties of disabled individuals may be communicated to supervisors and managers
   2. appropriate emergency treatment information may be communicated to first aid and safety personnel

      and

   3. information requested by government officials investigating compliance with the Rehabilitation Act of 1973, the Vietnam Era Veterans’ Readjustment Act of 1974, and/or the Americans with Disabilities Act of 1990, may be supplied to those officials.

5. The university attempts to make reasonable accommodation for the limitations of disabled individuals and special disabled veterans unless the accommodation creates undue hardship on the university.
6. In offering employment or promotions to an individual with a disability, special disabled veteran, other protected veteran, newly separated veteran, and Vietnam-era veteran, the amount of compensation is not reduced because of any disability income, pension, or other benefit the applicants or staff members receive from another source.
7. The director of Office of Diversity, Human Resources periodically reviews employment practices to determine whether personnel programs provide the required affirmative action for employment and promotion of disabled, special disabled veteran, other protected veteran, newly separated veteran, and Vietnam-era veteran individuals. Based on the findings of the review, the university may make changes in its community outreach and special recruitment activities.

   Currently, the university:

   1. establishes the essential job functions for positions before they are advertised
   2. institutes reasonable internal procedures to fulfill its obligation to employ and promote qualified disabled individuals, special disabled veterans, other protected veterans, newly separated veterans, and Vietnam-era veterans
   3. enlists the assistance and support of recruiting sources and community groups (a current listing of the recruiting sources and community groups may be obtained from the Office of Diversity, Human Resources, Arizona State University, Tempe, Arizona 85287–5612).
   4. attempts to include disabled, special disabled veteran, other protected veteran, newly separated veteran, and Vietnam-era veteran workers in university-sponsored pictures of staff that appear in consumer, promotion, or advertising materials

      and

   5. notifies subcontractors, vendors, and suppliers of its policy of nondiscrimination on the basis of disabled, special disabled veteran, other protected veteran, newly separated veteran, and Vietnam-era veteran status and requests they take appropriate action regarding that policy.

8. In order to ensure greater staff cooperation and participation in the university’s efforts to carry out affirmative action for disabled workers, special disabled veteran workers, other protected veterans, newly separated veterans, and Vietnam-era veteran workers, the university implements and disseminates this policy internally through various means.
9. Responsibility for the implementation of the policy is vested in the president, the executive vice president and provost of the university, the vice presidents, the director of the Office of Diversity, Human Resources, and the management staff.

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Immigration Reform and Control Act of 1986 and Antidiscrimination Guidelines

1. ASU does not discriminate against any individual with respect to recruitment, selection, and termination because of an individual’s national origin or citizenship status.
2. In compliance with the Immigration Reform and Control Act of 1986, all persons hired after November 6, 1986, are required to demonstrate their authorization for employment in the United States. This policy will be applicable to all persons.
3. ASU will continue to verify employment authorizations for all applicants in a nondiscriminatory manner in keeping with antidiscrimination laws.

Cross-References

For information about discrimination complaints, see:

1. ACD 402, “Sexual Harassment,”
2. ACD 403, “Procedures for Resolving Complaints of Unlawful Discrimination,”
3. ACD 404, “Board on Equal Opportunity,”

   and

4. ACD 405, “Americans with Disabilities.”

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