Responsibilities of the Equal Oppportunity Officer/Title IX Coordinator/Mgr. Employee Relations
Executive Order 11246 as amended by 11375
Written Affirmative Action Program
Oversee the University's compliance with federal equal opportunity and affirmative action requirements. The EO Officer has responsibility for preparation of the University's Affirmative Action Plan. Develop and monitor Affirmative Action Plan and monitor good faith efforts toward achieving the goals established in the Plan. The Plan must be updated annually and signed by the President.
See 41 C.F.R. § 60-1.7. The contents of the Affirmative Action Plan must include a workforce analysis including progression charts, seniority rosters, applicant flow data and applicant rejection ratios. Collect gender, race and ethnicity data on faculty applicants and employees, and keep records of same for required period. (2 years from date of making the record: see 41 CFR § 60-1.12)
Review Personnel Requisition Form, on the Forms and Applications HR page under Recruitment and Hiring. Review the Part I and Part II for hiring of faculty members.
Internal Audit and Reporting for Affirmative Action Plan in accordance with 41 C.F.R. 60-2.17
The activities listed below are critical to the success of the AAP
1. The Equal Opportunity Officer will continue to monitor 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. Procedures are reviewed and revised as problems are identified.
2. Top management is and will continue to be informed 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, management will be kept abreast of developments in the affirmative action area. The primary vehicle for communication with management will be periodic affirmative action briefings.
4. The Equal Opportunity Officer 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. Progress on the University's AAP will be discussed at supervisors meetings, and relevant information will be communicated to employees during regular departmental meetings as appropriate.
7. The Equal Opportunity Officer will periodically report to the President of the University and other appropriate top management on the effectiveness of the program and will submit recommendations for improvement.
Recordkeeping. 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.
Posted notice. The specific language for the notice that must be posted can be found at 41 C.F.R. § 60-1.42.
Training. Assess equal opportunity and diversity training needs; develop and conduct training, as needed for staff, students and faculty. Educate those throughout the University on search procedures, promotion and retention issues, equal opportunity and affirmative action responsibilities, complaint processes and new developments in the field.
Investigate and prepare the university's response to equal opportunity complaints and charges both internal and those filed with enforcement agencies.
Oversee and provide direction for policies (listed below) for which EO Officer is the Responsible Official, including periodic review of policies and suggest updates as needed.
Serve as Title IX Coordinator for the University. This person will oversee the adoption of grievance procedures and will receive and resolve employee and student complaints of discrimination under Title IX, which includes gender discrimination as well as claims of sexual harassment. Any grievance records must be retained for three years.
The Title IX Coordinator is responsible for monitoring the overall implementation of Title IX for the university and coordinating compliance with Title IX in all areas covered by the implementing regulations. The Title IX Coordinator is responsible for identifying and addressing any patterns or systemic problems that arise during the review of such a complaint.
Major duties include, but are not limited to, monitoring the following areas:
Admissions and Recruitment
Educational Programs and Activities
Access to course offerings
Participation in extra-curricular activities
Student employment assistance
Health services and student insurance
Marital or parental status
Athletics & physical education
Prohibits discrimination on the basis of pregnancy, childbirth, or related illness in employment opportunities, health or disability insurance programs, or sick leave plans.
Prohibits discrimination on the basis of age (minimum or maximum) at private institutions that receive federal financial assistance. The EO Officer is responsible for receiving complaints related to age discrimination under this law.
Establishment of Grievance Procedure
The Equal Opportunity Officer handles complaints from students or staff about any issues that address the university's compliance with The Rehabilitation Act of 1973, and also serves as the ADA compliance officer for students and staff.
There are four main sections to this Act: prohibition against unlawful discrimination; reemployment rights;health insurance rights; and retirement plan provisions. The EO Officer has oversight for discrimination claims brought under this law.
Veterans' Benefits Readjustment Act
File annual VETS-100 report to OASVET by Sept. 30 each year on compliance and the number of veterans hired, total veterans in the work force, and total number of new employees.
See the Littler Mendelson article from August 2007 titled OFCCP Issues Final Veterans Regulations for Government Contractors. This article has definitions at the end, and is very helpful. Affirmative Action narratives must be updated. Advice is not to solicit self identification of any veteran information prior to an offer of employment.
A university that discriminates on the basis of race is in danger of losing its tax exempt status. Schools are required to publicize their non-discrimination policy, certify annually, and keep records to show compliance. See Rev. Rul. 71-447, 1971-2 C.B. 230, Rev. Proc. 75-50, 1975 -2 C.B. 587, and Rev. Rul. 75-231, 1975-1 C.B.158.
The EO Officer helps to assure overall non-discrimination in operations by hearing grievances and overseeing the policies on non-discrimination.
The EO Officer is responsible for writing that part of the biennial review that deals with employees, and shall address the effectiveness of the drug and alcohol program as it relates to employees.
Dear Colleague Letter on Sexual Violence, April 4, 2011
Policies for which EO Officer is Responsible Official
|Equal Opportunity/Affirmative Action Policy|
|Alternative Dispute Resolution|
|Discrimination Complaint Procedures|
|Reasonable Accommodations for Employees with Disabilities|
|Sexual Harassment Policy|
|Sexual Harassment Complaint Procedures|