The Catholic University of America

Responsibilities of the Equal Opportunity Officer/Director of Employee Relations

The Equal Opportunity Officer (EOO) oversees the University's compliance with federal equal opportunity and affirmative action requirements by promoting diversity and non-discrimination. The EOO helps assure non-discrimination in operations by maintaining investigative procedures and investigating and responding to complaints. The EOO is the Responsible Official for the equal opportunity policies set forth below, and as such is responsible for overseeing and providing direction for those policies and for their periodic review and revision. 

Age Discrimination in Employment Act of 1975 (ADEA)

It is unlawful for the University to fail to hire, discharge, segregate, classify, or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual’s age.  In furtherance of the ADEA the EOO/Title IX Coordinator is responsible for the following:

Complaints. The EOO receives, investigates and responds to complaints of age discrimination from staff and faculty employees as well as from students, regardless of whether the complaint or charge is filed internally with the University or externally with enforcement agencies.

Posting of notice.  The EOO is responsible for ensuring that the University posts in conspicuous places upon its premises an Equal Employment Opportunity Commission-approved ADEA notice.

Americans with Disabilities Act of 1990 (ADA) as amended and Rehabilitation Act of 1973 (Section 504)

Per the ADA the University may not discriminate against qualified individuals with a physical/mental impairment that substantially limits one or more major life activities, or against someone perceived as disabled or having a record of a disability. Per Section 504 the University may not exclude otherwise qualified individuals with a disability from participation in any federally-funded program/activity, deny such individuals the benefits of such program/activity, or otherwise discriminate against such individuals because of such disability.  The EOO's responsibilities under the Acts are as follows:

Accommodation requests. The EOOresponds to staff and faculty employee requests for accommodations based upon a disability.

Complaints. The EOO develops and maintains procedures for addressing complaints from staff and faculty employees, as well as students, regarding compliance with ADA and Section 504. The EOO investigates and responds to all such complaints regardless of whether the complaint or charge is filed internally with the University or externally with enforcement agencies.

Civil Rights Act of 1964 (Title VI and Title VII) and DC Human Rights Act of 1977

Per the Civil Rights Act the University may not to refuse to hire, and may not discharge or discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual’s race, color, religion, sex or national origin.  It is also unlawful to discriminate against an employee/applicant for employment because he/she opposed an unlawful employment practice, or made a charge or assisted in an investigation, proceeding or hearing.  The DCHR extends the Civil Rights Act prohibitions and prohibits the University from discriminating based on age, marital status, personal appearance, sexual orientation, gender identity/expression, family responsibilities, genetic information, disability, matriculation or political affiliation. The Pregnancy Discrimination Act of 1978 amends Title VII and prohibits discrimination on the basis of pregnancy, childbirth, or related illness in employment opportunities, health or disability insurance programs, or sick leave plans. Per the Genetic Information Nondiscrimination Act of 2008 (GINA) the University may not discriminate in any aspect of employment based upon the genetic information of an individual or their family members.  In furtherance of these Acts the EOO is responsible for the following:

Complaints. The EOO receives, investigates and responds to equal opportunity complaints and charges from staff and faculty employees as well as from students, regardless of whether the complaint or charge is filed internally with the University or externally with enforcement agencies.

Training. The EOO assesses equal opportunity and diversity training needs and develops and conducts training as needed for staff and faculty employees as well as students. The EOO educates those involved in hiring and promotion activities on search procedures, promotion and retention issues, equal opportunity and affirmative action responsibilities, complaint processes, and new developments in the field.

Posting of notice. The EOO is responsible for ensuring that the University posts in conspicuous places upon its premises summaries of the pertinent provisions of the Act and information pertinent to the filing of a complaint.

Drug-Free Schools and Communities Act Amendments of 1989

The Act requires that institutions receiving federal financial assistance establish drug and alcohol abuse prevention programs for students and employees, and requires that such programs be reviewed biennially. EOO/Title IX Coordinator is responsible for writing and reviewing that part of the Program that deals with employees, and for addressing the effectiveness of the Program as it relates to employees.

Executive Order 11246 as amended by 11375
As a government contractor the University must not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and must take affirmative action to ensure applicants are employed and treated without regard to such factors.  Responsibilities under the Order include the following:

Written Affirmative Action Program.  The EOO is responsible for developing the University's Affirmative Action Plan and for monitoring good faith efforts toward achieving the goals established in the Plan. The contents of the Affirmative Action Plan must include a workforce analysis including progression charts, seniority rosters, applicant flow data and applicant rejection ratios (See 41 C.F.R. § 60-1.7.) The EOO collects gender, race and ethnicity data on faculty applicants and employees, and keeps records of the same for the required period. (2 years from date of making the record. See 41 CFR § 60-1.12). EOO/Title IX Coordinator is responsible for auditing and reporting on the Plan in accordance with 41 C.F.R. 60-2.17.  The activities listed below are critical to the success of the Affirmative Action Plan:

1. The EOO monitors records of applicant flow, referrals, placements, rejected offers, training, transfers, promotions, terminations, and any layoffs or recalls to ensure that the University's non-discriminatory policy is carried out. In furtherance of this responsibility the EOO reviews Personnel Requisition Forms for hiring both staff and of faculty employees. Procedures are reviewed and revised as problems are identified.

2. The EOO will inform senior management of any problems that arise in their respective areas so that immediate and appropriate steps can be taken to resolve any issues.

3. The University recognizes its responsibility to affirmative action and is committed to fulfilling this responsibility by complying with all government regulations and laws pertaining to equal employment opportunity. As part of this commitment, the EOO will keep management abreast of developments in the affirmative action area. The primary vehicle for communication with management will be periodic affirmative action briefings.

4. The EOO will generate internal reports on a regular basis to evaluate the degree to which equal employment opportunity and organizational objectives are being obtained.

5. The University will review report results with all levels of management as to the degree to which their affirmative action goals and compliance are being attained, and will design and implement corrective actions, including adjustments in programs, as needed.

6. The EOO will discuss with supervisors the University’s progress on its Affirmative Action Plan, and will communicate relevant information to employees during regular departmental meetings as appropriate.

7. The EOO will periodically report to the President of the University and other appropriate senior managers on the effectiveness of the Affirmative Action Plan and will submit recommendations for improvement.

Plan summary and approval. The EOO must summarize and update the Affirmative Action Plan annually.  The Plan must be signed by the President.

Record keeping. Title VII and the Americans with Disabilities Act of 1990 require a three-year retention period for the records which must be kept to file the Fall staff survey of the IPEDS report.

Posting of notice. The EOO is responsible for ensuring that specific language as set forth in 41 C.F.R. § 60-1.42 is included in the University’s equal opportunity notice and that the notice is posted conspicuously.


Uniformed Services Employment and Reemployment Rights Act (USERRA) as amended by the Veterans Benefits Improvement Act of 2004

The University may not discriminate against past or present members of the uniformed services, as well as applicants to the uniformed services, or deny employment, retention, re-employment, promotion, or any benefit of employment based on membership in, application for, or performance of a uniformed service. The EOO is responsible for the following under the Act:

Complaints.  The EOO investigates and responds to complaints of discrimination brought under this law, regardless of whether the complaint or charge is filed internally with the University or externally with enforcement agencies.

Posting of Notice. EOO is responsible for ensuring that a notice of rights under the Act is posted conspicuously.

Resources

Chart on Compliance Obligations under Federal Non-Discrimination Statutes

EEOC Enforcement Guidance, Compliance Manual, and Related Documents

NACUANOTE on Internet Applicants and Data Collection

OFCCP Voluntary Guidelines for Self Evaluation of Compensation Practices

Summary of Federal Laws – Equal Employment Opportunity

Related Policies

Accommodations at University Events Policy

Alternative Dispute Resolution Policy

Discrimination Complaint Policy and Discrimination Complaint Procedures

Non-Discrimination/Equal Opportunity/Affirmative Action Policy

Reasonable Accommodations for Employees with Disabilities Policy

Sexual Harassment Policy and Sexual Harassment Complaint Procedures