Central Washington University
Affirmative Action Programs
AFFIRMATIVE ACTION PROGRAMS
AFFIRMATIVE ACTION PROGRAM FOR WOMEN AND MINORITIES
[41 CFR § 60-2.10]
I.
Policy Statement [41 CFR § 60-1.4], [41 CFR § 60-2.10 (2) (2)]
(A copy of the policy, signed by the president, is provided in appendix 1.)
A. Central Washington University is an equal opportunity employer that values an inclusive
campus and welcomes a diversity of ideas and people. In keeping with its commitment to
nondiscrimination, the university:
1. Recruits, hires, trains, and promotes persons in all job titles, without regard to race,
color, creed, religion, national origin, sex, sexual orientation, gender identity and
gender expression, age, marital status, disability, or status as a protected veteran.
2. Ensures that all personnel actions such as compensation, benefits, transfers,
terminations, layoffs, return from layoff, university-sponsored training, education,
tuition assistance, and social and recreation programs will be administered without
regard to race, color, creed, religion, national origin, sex, sexual orientation, gender
identity and gender expression, age, marital status, disability, or status as a protected
veteran.
B. University employees will not engage in harassment of others based on their race, color,
creed, religion, national origin, sex, sexual orientation, gender identity and gender
expression, age, marital status, disability or status as a protected veteran. Behavior rises
to the level of harassment when it is unwelcome and creates an intimidating, hostile, or
offensive work environment.
C. The office for equal opportunity maintains the discrimination complaint and resolution
policy and procedures for individuals who believe they have been harassed or otherwise
discriminated against in their capacity as employees or applicants. Individuals who file
complaints or otherwise participate in the complaint process will not be retaliated against.
D. Central Washington University is also committed to affirmative action for Asians/Pacific
Islanders, Blacks, Hispanics, American Indians/Alaskan Natives, women, persons forty
years of age or older, persons of disability, and protected veterans. This commitment is
expressed through the university's efforts to eliminate barriers to equal employment
opportunity and to improve employment opportunities encountered by these affected
groups.
E. Staci Sleigh-Layman, director of the office for equal opportunity, has the responsibility for
CWU's affirmative action program. The office for equal opportunity is located in Bouillon
205, telephone (509)963-2205, eoe@cwu.edu.
II.
Procedures for Dissemination of Policy
A.
Internal Dissemination - Central Washington University will disseminate its equal
opportunity and affirmative action policy internally as follows:
1.
The president of the university will annually express commitment to the policy
by either circulating a signed letter to all departments or through other forms of
communication. In addition the policy (CWUP 2-35-010) is included in the
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university's policy manual that is readily available to all departments, employees
and members of the public on the university’s website.
B.
2.
The director of equal opportunity will publicize it on the university’s website
continually, and each October in the university's newspaper, The Observer.
3.
On an ongoing basis the director of equal opportunity will meet with the vice
presidents and other administrators and supervisory personnel to explain the
intent of the policy and individual responsibilities for effective implementation,
reaffirming the president's affirmative action commitment. The office for equal
opportunity and other members of the department of human resources will work
together to provide institution-wide data on a quarterly basis to president’s
cabinet.
4.
Administrators and supervisory personnel will meet with other employees to
discuss the policy and explain individual employee responsibilities at least
annually.
5.
The office for equal opportunity, through new employee orientation and new
faculty orientation will ensure the distribution of the policy and discussion of the
university's commitment to equal opportunity and affirmative action during
orientations for new employees each year. The department of human
resources will include a copy of the policy in all new employee packets on an
ongoing basis.
6.
The assistant vice president for human resources will include nondiscrimination
clauses in all union agreements and review all contractual provisions on an
ongoing basis to ensure they are nondiscriminatory. [41 CFR § 60-1.4 (a)(3)]
7.
The office for equal opportunity will post the policy on strategic university
bulletin boards.
External Dissemination - Central Washington University will disseminate its
affirmative action policy externally as follows:
1.
The office for equal opportunity will annually inform all employment recruiting
sources of the university's affirmative action policy and encourage their referral
of minorities and women for job posting they will receive throughout the year.
2.
The assistant vice president for human resources and director of business
services and contracts will incorporate the equal opportunity clause in all
purchase orders, leases, contracts, etc., covered by executive order 11246, as
amended, and it’s implementing regulations on an ongoing basis. [41 CFR §
60-1.4 (a) (7)]
3.
The office for equal opportunity will regularly communicate to prospective
employees the existence of the university's affirmative action program and
make available such elements of its program as will enable such employees to
know and avail themselves of its benefits. [41 CFR § 60-1.4 (a) (2)]
4.
The director of business services and contracts will provide written notification
of university policy to contractors, vendors and suppliers on an ongoing basis.
[41 CFR § 60-1.4 (a) (7)]
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5.
III.
Affirmative Action Programs
The vice president for business and financial affairs/chief financial officer, the
provost/vice president for academic and student life, and the directors of public
affairs and information technology services will insure that diversity is positively
represented in handbooks and publications on an ongoing basis.
Responsibility for Implementation of Program
A.
B.
The overall responsibility for the effective implementation of the affirmative action
program rests with the president of the university, who will:
1.
Assign operating responsibility for implementation of the program to
administrators as appropriate.
2.
Provide the necessary top management support and staffing to the director of
the office for equal opportunity to execute assigned duties within available
funds.
3.
Reaffirm the university's commitment to affirmative action annually,
disseminating this reaffirmation of the policy both internally and externally.
Specific authority and responsibility for the administration of the program will be
delegated to the director of the office for equal opportunity who will:
1.
Develop policy statements, affirmative action programs, and goals, and internal
and external communication techniques in cooperation with others.
2.
Identify problem areas. [41 CFR § 60-2.17 (b)]
3.
Assist the administration in the development and execution of action oriented
program to address the problem areas identified. [41 CFR § 60-2.17 (c)]
4.
Design and implement audit and reporting systems that will:
a.
Measure effectiveness of the university's programs.
b.
Indicate need for remedial action.
c.
Determine the degree to which the goals and objectives have been
attained. [41 CFR § 60-2.17 (d)]
5.
Serve as liaison between the university and enforcement agencies.
6.
Serve as liaison between the university and minority organizations, women's
organizations and community action groups concerned with employment
opportunities of minorities and women.
7.
Keep administration informed of the latest developments in the entire equal
opportunity area.
8.
Report annually to the university’s president and vice presidents on the
university's affirmative action activity and progress in relation to the program
and the university goals and objectives. [41 CFR § 60-2.17 (d) (4)]
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9.
Affirmative Action Programs
Monitor personnel actions to ensure compliance with affirmative action
requirements. [41 CFR § 60-2.17 (d) (1)]
10. Keep an "applicant flow record" for each position filled, indicating as far as
available for each applicant: name, race, ethnicity, sex, disability status,
protected veteran status, and referral source. [41 CFR § 60-3.4 A, B]
11. Provide for necessary internal informational and training activities designed to
increase awareness of all employees to the requirements and benefits of
affirmative action and equal opportunity. [41 CFR § 60-250.44 (j)], [41 CFR §
60-741.44 (j)]
C.
Deans, department chairs, and academic program directors will be responsible for
the administration and implementation of the applicable portions of the program as a
basic part of their jobs. Line responsibilities include, but are not limited to, the
following:
1.
Assist the director of the office for equal opportunity in the identification of
problem areas and establishment of goals and action oriented programs to
address identified deficiencies.
2.
Ensure that criteria used or developed by search committees to select faculty
and exempt employees are effective predictors of successful job performance
for the particular job or jobs in question and that they do not have an adverse
impact on minorities, women, the disabled, or protected veterans.
3.
Conduct annual audits of professional development opportunities, and hiring
and promotion patterns to remove impediments to the attainment of goals and
objectives.
4.
Initiate regular discussions with faculty and staff to be certain that university
equal employment/affirmative action policies are understood and are being
followed.
5.
Periodically audit assigned units to ensure that:
6.
a.
Affirmative action/equal employment opportunity policy statements are
properly displayed.
b.
All facilities that the university maintains for the use and benefit of
employees are, in fact, desegregated, both in policy and use. Facilities
exempt from this requirement such as dormitories, locker rooms and rest
rooms must be comparable for both sexes. [41 CFR § 60-1.8]
c.
Minority and female employees are afforded a full opportunity and are
encouraged to participate in all university-sponsored educational, training,
recreational and social activities. [41 CFR § 60-20.3 – sex discrimination
guidelines]
Take actions to prevent harassment of employees placed through affirmative
action efforts. [41 CFR § 60-250.44 (e)]
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D.
Non-academic program directors, managers, and supervisors will be responsible for
the administration and implementation of the applicable portions of the program as a
basic part of their jobs. Responsibilities will include, but not be limited to, the
following:
1.
Conduct annual audits of professional development opportunities, training
programs and hiring, promotion and termination patterns to determine whether
impediments exist for women and minorities. When impediments are identified,
action will be taken to address them.
2.
Initiate regular discussions with staff to be certain that university equal
employment opportunity policies are understood and followed.
3.
Review the qualifications of all employees to ensure that protected group
members are given full opportunity for transfers and promotions.
4.
Ensure that pre-employment inquiries that have a disproportionate impact on
members of protected groups are not used in the selection and placement
process.
5.
Provide career counseling for employees on request or refer them to the
department of human resources.
6.
Periodically audit assigned units to ensure that:
7.
E.
Affirmative Action Programs
a.
Affirmative action/equal employment opportunity policy statements are
properly displayed.
b.
All facilities that the university maintains for the use and benefit of
employees are, in fact, desegregated, both in policy and use. Facilities
exempt from this requirement such as dormitories, locker rooms and rest
rooms must be comparable for both sexes.
c.
Minority and female employees are afforded a full opportunity and are
encouraged to participate in all university-sponsored educational training,
recreational and social activities.
Take actions to prevent harassment of employees placed through affirmative
action efforts.
The following specific responsibilities will be implemented by the designated official
noted below:
1.
The president will ensure that evaluations of all administrators will address their
affirmative action/equal employment opportunity efforts and results.
2.
The vice president for business and financial affairs/chief financial officer, the
provost/vice president for academic and student life, and the chief of staff will:
a.
Ensure that the responsibilities assigned to academic and non-academic
administrators, managers, and supervisors are carried out.
b.
Continuously evaluate the selection standards and procedures utilized by
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the university to ensure that the practices do not discriminate, but instead
contribute toward affirmative action goals.
3.
The vice president for business and financial affairs/chief financial officer, the
provost/vice president for academic and student life, and the directors of public
affairs and information technology services will insure that all publications
produced by the university for external or internal distribution contain an
affirmative action/equal opportunity statement and the name of the person
responsible for administration of the program.
Photographs published in conjunction with university informational and other
publicity documents will, where appropriate, illustrate the university's student
and employee mix with regard to minority, female and disabled participation.
4.
The vice president for business and financial affairs/chief financial officer,
through various directors and assistant vice presidents, shall comply with
federal, state, and local nondiscrimination policies and procedures when
soliciting bids on all contracts for construction, goods, and services. They will
solicit bids from women and minority group vendors and contractors. They will
notify agencies engaged in business with the university in writing of the
university's affirmative action program and ask these agencies to provide a
statement of nondiscrimination.
In the case of federal contracts for research grants and awards, the dean of
graduate studies and research will be charged with development and inclusion
in any contract a statement of nondiscrimination in the fulfillment of such
contract.
IV.
Utilization Analysis
A.
Workforce Profile [41 CFR § 60-2.11] (See appendices 2-6 for current workforce
profiles.)
1.
Workforce analyses display the existing workforce by race/ethnicity, sex,
disability, age 40 and over, and status as a disabled veteran or Vietnam era
veteran. Information is presented in detail by job title, job group, and
department or organizational unit. Information is also presented institution-wide
by job group, indicating headcount. (See appendix 2 for detailed list of job
groups.)
a.
Because of multiple reporting relationships, institutional complexities,
informal and frequently changing relationships amongst the different types
of employees, the university is unable to show reporting relationships
beyond indicating the administrator of each unit. Upon request, by an
OFCCP Compliance Officer, individual departments within the institution
will provide detailed charts of the reporting relationships within the
departments.
b.
To protect confidentiality, disability, age 40 and over, and status as an
affected veteran, data is reported only at the institution-wide level.
Displaying data at the organizational unit level would be equivalent to
identifying individuals.
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2.
Affirmative Action Programs
The university annually produces the following workforce displays:
a.
Workforce Profile 1 (appendix 2):
Display of the workforce, institution-wide
within the institution by job group
within job group by salary groups
total and percent of each job group and all job groups
b.
Workforce Profile 2 (appendix 3):
Display of the workforce, institution-wide
within the institution by job group
within job group by job title
job titles ranked highest to lowest by salary
c.
Workforce Profile 3 (appendix 4):
Display of the workforce by organizational unit indicating the
administrator of each unit
within organizational unit by department
within department by job group
within job group by job title
job titles ranked highest to lowest by salary
d.
Workforce Profile 4 (appendix 5):
Display of the workforce by organizational unit
within organizational unit by job group
within job group by job title
job titles ranked highest to lowest by salary
e.
Workforce Profile 5 (appendix 6):
Display of the workforce by organizational unit
within organizational unit by department
within department by job group
within job group by job title
job titles ranked highest to lowest by salary
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B.
Affirmative Action Programs
Availability Analysis [41 CFR § 60-2.14] - Central Washington University conducts
analyses to ascertain the percentages of minorities and women available for
employment in each job group. To arrive at the availability rate for women and
minorities, factors set forth by OFCCP are considered. This forms the standard
measurement for determining the utilization of minorities and women in the
workforce. Analyses comparing the workforce to the availability figures determine
the existence of underutilization. Underutilization occurs when the employment rate
of a protected group is lower than that group's availability; underutilization occurs
when there is any difference in the rate. Utilization results are indicated on the
Utilization Analysis and Goals Report (See appendix 8).
1.
The university considers the percentage of minorities and women with requisite
skills in the reasonable recruitment area when calculating availability for each
job group. Internal candidates are included in the availability data for the
reasonable recruitment area.
2.
Reasonable recruitment area is drawn in such a way as to not have the effect of
excluding minorities or women.
3.
The university uses a three-step calculation to determine availability: First, the
collection of quantified data ("raw statistics") for each factor (when possible);
second, the "weight" of availability factors according to importance and
proportional contribution to the overall job group; and third, the multiplication of
raw statistical data by the value weights. The resulting sum provides the final
estimate of availability for each job group.
4.
Availability analysis is done separately for race/ethnicity, women, disability, age
40 and over, and status as a disabled veteran or Vietnam era veteran.
6. Availability resources for the three types of university employees and specific
affected groups include:
a.
Faculty (Job Groups 2A and 2B). Excellent data on degree conferral is
available. Availability is based on research conducted by the National
Opinion Research Center (NORC) with the support of the National
Science Foundation (NSF), the National Institutes of Health (NIH), the
National Endowment for the Humanities (NEH), the U.S. Department of
Education (USED), and the U.S. Department of Agriculture (USDA). Data
from 2000 through 2009 is combined by CWU by fine field for each
academic department.
b.
Professional/Administrative positions. Availability for
professionals/administrators is calculated using two different sources:
1. 2000 U.S. Census data, available at
http://www.census.gov/eeo2000/index.html for Washington State.
2. "2009-2010 Administrative Compensation Survey," College and
University Personnel Association for Human Resources; Table 30,
"Median Salaries of Males Compared to Females for Singe Incumbent
Positions – All Institutions," and Table 31, "Median Salaries of
Minorities Compared to Non-Minorities for Single Incumbent Positions
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– All Institutions."
c. Classified. Availability for classified staff personnel is calculated using 2000
U.S. Census data, available at http://www.census.gov/eeo2000/index.html
for Chelan, Grant, and Yakima Counties.
V.
d.
Vietnam era and disabled veterans. Availability for Vietnam era and
disabled veterans in the civilian labor force by detailed occupations (2000
U.S. Census) is provided by the Washington State Department of
Personnel. Data is available only for Washington state.
e.
Persons of disability. Availability for persons of disability is provided by
Washington State Department of Personnel, Higher Education Unit,
December 1996. This data began as national 1993 SIIP disability data
and was further analyzed by Department of Personnel staff for state-wide
use. A national availability percentage was provided for eight general
occupations.
f.
Persons age 40 and over. Availability for persons age 40 and over in the
civilian labor force by detailed occupations (1990 U.S. Census) is
provided by GAAPCom's Availability Data Subcommittee, October 1997.
Data is available for Washington state, Yakima county, and Kittitas county.
Establishment of Affirmative Action Employment Goals [41 CFR § 60-2.16] - Central
Washington University establishes affirmative action employment goals and objectives.
Employment goals are the most crucial element of the affirmative action plan because they
guide affirmative action efforts during the coming year. Goals are flexible targets for hiring
and promoting affected group members in job groups where underutilization exists. Goals
are based upon utilization analyses and may be established for the following groups:
American Indians/Alaskan Natives, Asians/Pacific Islanders, Blacks, Hispanics, women,
persons with disabilities, persons age 40 and over, disabled veterans, and Vietnam era
veterans. Goal reports are institution-wide.
A.
Prior Year's Goals (See appendix 7, Goals Analysis Report)
1.
2.
B.
For each job group and each affected group, the prior year's goals are reviewed
in the goal analysis report that compares those goals to the hires and
promotions made during the year.
The comparison of the prior year's goals to hires and promotions are completed
institution-wide.
Current Year's Goals (See appendix 8)
1.
For each job group, annual percentage goals, at least equal to availability, are
set for job groups where any underutilization exists.
2.
In establishing goals, the university considers annual anticipated expansion,
reduction, and/or turnover rates within the workforce.
3.
The university reports on current goals and goals from the previous year.
4.
Goals are established institution-wide for each job group.
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VI.
Affirmative Action Programs
Identification of Problem Areas [41 CFR § 60-2.17 Prior Year’s
A.
B.
The university conducts in-depth analyses to identify problem areas and determine
corrective action. These analyses and actions are specific to the institution based on
its size, organizational structure, resources, and culture. Analyses include a narrative
summary identifying underutilized affected groups and identification of the causes of
underutilization and/or problem areas related to underutilization (see appendix 9).
In-depth analyses of personnel practices may include review of:
1.
Composition of the work force by affected group status;
2.
Composition of applicant flow by affected group status, to determine whether
adverse impact occurs during the entire hiring process, at the applicant stage,
preliminary screening, interview or hiring stages (see appendices 10 and 11 for
applicant flow and impact ratio analyses);
3.
The selection process including position descriptions, position titles, application
forms, interview procedures, referral procedures, final selection process, and
similar factors;
4.
Transfer and promotion practices;
5.
Compensation systems to determine whether there are gender-, race-, or
ethnicity-based disparities.
Corrective action will be implemented if, after analysis, any of the following conditions
are found:
1.
Underutilization of affected groups is identified in specific job groups;
2.
Lateral and/or vertical movement of affected groups is occurring at a lesser rate
than non-affected groups;
3.
Selection processes are eliminating a significantly higher percentage of affected
groups than non-affected groups;
4.
Application and related pre-employment forms are not in compliance with
Federal legislation;
5.
Position descriptions inaccurately represent required duties;
6.
Formal or scored selection procedures are not validated as required by the
OFCCP Uniform Guidelines on Employee Selection [41 CFR § 60-3];
7.
Test forms are not validated by location, work performance and inclusion of
affected groups in the sample;
8.
The referral ratio of affected groups to hiring supervisor or manager indicates a
significantly higher percentage are being rejected as compared to non-affected
group applicants;
9.
Seniority provisions contribute to overt or inadvertent discrimination, (i.e., if a
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disparity exists by affected group status between length of service and types of
jobs held);
10.
Equal opportunity or affirmative action policies are not fully supported by
managers, supervisors or employees;
11.
Affected groups are underutilized or significantly underrepresented in training or
career improvement programs;
12.
No formal techniques are established for evaluating effectiveness of the equal
opportunity and affirmative action programs;
13.
Labor unions and vendors are not notified of their responsibilities;
14.
Purchase orders do not contain equal opportunity clause; and/or
15.
Affirmative action/equal employment posters are not on display.
VII. Development and Execution of Action-Oriented Programs - Central Washington University
will develop action-oriented programs to correct identified problem areas. Programs will be
results oriented and designed to eliminate problems and attain goals. Generally, such
programs seek to increase the number of qualified affected group members to fill
vacancies as they occur in underutilized areas.
A.
The university will review its utilization analyses to assist in developing appropriate
action oriented programs.
B.
The university will identify the person(s) responsible for each program or corrective
action indicated.
C.
The university will use currently available programs appropriate for higher education
and state agencies.
D.
Many of the following activities have been selected to address problem areas
identified in appendix 9. (See appendix 12 for action oriented programs for the
current plan year.)
1.
Conduct detailed analyses of position descriptions to ensure that they
accurately reflect position functions, and are consistent for the same positions
from one location to another.
2.
Analyze worker specifications at the division, department, location, and job title
levels, using job performance criteria. Give special attention to ensure the
requirements themselves do not constitute inadvertent discrimination.
3.
Provide position announcements to recruitment sources, and to members of
management and search committees involved in the recruiting, screening, and
selection process.
4.
Evaluate the total selection process to ensure freedom from bias and aid in the
attainment of goals by:
a.
Carefully selecting and training personnel involved in the recruiting,
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screening, and selection;
5.
6.
b.
Observing the requirements of the OFCCP Uniform Guidelines on
Employee Selection Procedures;
c.
Analyzing procedures and eliminating those that are not objectively valid
including those selection techniques that may, when used improperly,
have the effect of discriminating against affected group members;
d.
Requiring that search committees for administrative/professional and
faculty positions have female and minority representation; and
e.
Providing availability information to hiring authorities and search
committees relevant to specific positions so that recruitment efforts and
applicant pools can be evaluated in relation to availability.
Consider the following techniques to improve recruitment and increase the flow
of affected group members:
a.
Utilize the services of referral organizations and maintain contact with
community members prepared to refer applicants;
b.
Encourage affected group employees to refer applicants;
c.
Incorporate special recruiting efforts to reach affected group members at
all colleges and universities;
d.
Include pictures of affected group employees on the university’s
employment website; and/or
e.
Advertise for positions on a regular basis in news media aimed toward
members of affected groups; and/or, circulate position announcements to
higher education institutions, agencies, organizations and individuals who
serve affected group members.
Ensure that affected group employees are given equal opportunity for
promotions, by using the following techniques:
a.
Post or otherwise announce promotional opportunities;
b.
Review position descriptions to ensure they are based on job-related
criteria, and assure that affected groups are not required to possess
higher qualifications than those of the lowest qualified incumbent;
c.
Require supervisory personnel to submit written justification when
apparently qualified affected group applicants are passed over for
promotion;
d.
Review union contracts to ensure that seniority practices and clauses are
nondiscriminatory and do not have a discriminatory effect.
VIII. Internal Audit and Reporting Systems - The office for equal opportunity collects and
maintains data for affirmative action audit and reporting purposes. Such reports will be
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made available to federal and state for review purposes for a period of three years. The
university's audit system is designed to monitor goal progress and analyze employment
activity. The office for equal opportunity will:
IX.
A.
Monitor records (using personnel action forms) of referrals, placements, transfers,
promotions, and terminations at all levels to ensure that nondiscriminatory policy is
carried out;
B.
Prepare reports documenting the degree to which goals are attained;
C.
Review the report results with appropriate levels of management and department of
human resources; and
D.
Advise the president, provost, vice presidents, and/or board of trustees of program
effectiveness and make recommendation to enhance performance.
Sex Discrimination Guidelines [41 CFR § 60-20] - Central Washington University ensures
that policies and practices comply with the Sex Discrimination Guidelines, and states
publicly that it is policy not to discriminate on the basis of sex.
A.
B.
The university will not discriminate in recruitment and advertisement [41 CFR § 6020.2] and will:
1.
Recruit employees of both genders for all jobs unless gender is a bona fide
occupational qualification (BFOQ); and
2.
Not express a gender preference in any advertisement for employment unless
gender is a BFOQ.
The university will not discriminate in employment policies and practices [41 CFR §
60-20.3] and will make the following assurances:
1.
Equal opportunity policies expressly state that there is no discrimination against
employees on the basis of gender. When dealing with bargaining
representatives, the resulting agreements on conditions of employment will be
consistent with these guidelines;
2.
Employees of both genders have equal opportunity to any available job they are
qualified to perform, unless gender is a BFOQ.
3.
There is no distinction made based on gender regarding wages, hours, or other
condition of employment. Contributions and resulting benefits in insurance,
pensions and other benefits are the same for men and women.
4.
There are no differences in treatment of men and women based on marital
status. The university does not deny employment to women with young children
unless the same exclusionary policies apply for men.
5.
Policies and practices assure appropriate physical facilities to both genders.
6.
Women are not denied the right to jobs they are qualified to perform based on
any state "protective" law; such legislation restricts employment opportunities
for men or women, and cannot be used as a basis for denying employment or
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establishing gender as a BFOQ;
X.
7.
Women are not penalized in conditions of employment because they require
time away from work on account of childbearing. When a woman employee
qualifies for leave, childbearing is considered a justifiable leave of absence for a
reasonable time. Further, the employee is reinstated to her original job or a
position of like status and pay, without loss of permanent status;
8.
No differences are specified for male and female employees on the basis of
gender in retirement age; and
9.
Differences in capabilities for job assignments among individuals are
recognized, to the extent that distinctions are not based on gender.
C.
The university makes no distinctions based on gender in seniority systems.
D.
Pay schedules are not based on gender, and job classifications are not restricted by
gender.
E.
The university's affirmative action efforts include:
1.
Encouraging women to apply for those jobs in categories in which they are
traditionally underrepresented.
2.
Including women in management skills training programs; and
3.
Providing both genders equal access to training programs.
Guidelines on Discrimination Because of Religion or National Origin [41 CFR § 60-50]
Central Washington University adheres to the requirements of executive order 11246
prohibiting discrimination on the basis of religion or national origin. The university assures
the following:
A.
Discrimination against applicants and employees because of religion or national
origin, is prohibited; and
B.
Religious observances and practices of applicants or employees are accommodated
unless doing so presents an undue hardship on the conduct of the university's
business. In determining undue hardship, the following factors are considered:
business necessity, financial costs and expenses, and resulting personnel problems.
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION PROGRAMS FOR SPECIAL
DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, RECENTLY
SEPARATED VETERANS, OTHER PROTECTED VETERANS,
AND PERSONS WITH DISABILITIES
[41 CFR § 60-250.1, § 60.741.5]
I. Equal Opportunity
A. Policy [41 CFR § 60- 250.5(a), § 60-741.5(a)]
The university does not discriminate against any employee or applicant for employment
because he or she is a special disabled veteran, veteran of the Vietnam era, recently
separated veteran, other protected veteran, or person of disability in regard to any
position for which the employee or applicant for employment is qualified. The university
takes affirmative action to employ, advance in employment, and otherwise treat qualified
individuals without discrimination based on their status in one or more of the previously
referenced groups.
B. Contract Requirements [41 CFR § 60-250.4 (a), § 60-250.5, § 60-741.4 (a), § 60-741.5]
The university will adhere to the following requirements:
1. Include an equal opportunity clause in each covered government contract and
subcontract in the amount of $25,000 or more; and
2. Include an equal opportunity clause in all union agreements, review all contractual
revisions to ensure they are nondiscriminatory, and discuss changes in practice
related to applicable law in labor-management meetings and/or during labor
negotiations.
C. Nondiscrimination policies [41 § CFR 60-250.5, § 60-250.20, § 60-250.25, § 60-741.20,
§ 60-741.25]
Specific nondiscrimination provisions include, but are not limited to, the following
personnel practices:
1. Individuals are recruited, hired, trained and promoted in all job classifications based
solely upon their qualifications and ability or potential ability to do the job.
2. Principles of equal opportunity and affirmative action are the basis for fair
employment decisions.
3. Promotion decisions include only valid job related requirements and are in
accordance with the principles of equal opportunity and affirmative action.
4. All personnel actions such as compensation, health benefits, insurance, layoffs,
promotions, transfers, returns from layoffs, awards of tenure, fringe benefits,
terminations and all university sponsored training, education, tuition exemptions, and
social and recreational programs are administered without regard to an employee’s
status as a special disabled veteran, Vietnam era veteran, recently separated
veteran, other protected veteran or person of disability.
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II. Affirmative Action Program [41 CFR, (b), (c), § 60-250.41, § 60-250.42, § 60-741.42]
A. Program Requirements [41 CFR § 60-250.40 (a)]
The office for equal opportunity annually reviews and updates the university’s affirmative
action plan that sets forth policies, practices, data and procedures for special disabled
veterans, veterans of the Vietnam era, recently separated veterans, other protected
veterans, and persons with disabilities.
B. Availability of Affirmative Action Plan [41 CFR § 60-250.41]
The full affirmative action plan is available to any employee or applicant for employment
for inspection upon request. Copies of the plan are available on campus during business
hours in the office for equal opportunity and in the James E. Brooks Library in the
Circulation Department. Portions of the plan are also available online at
http://www.cwu.edu/~oeo
C.
Invitation to Self-Identify [41 CFR § 60-250.42, § 60-741.42]
Applicants and employees who wish to benefit under this program may identify
themselves by completing an applicant survey or personal data form). These forms state
that the information is voluntarily provided and will be kept confidential, that refusal to
provide it does not subject the applicant or employee to any adverse treatment, and that
the information will be used only for affirmative action and equal opportunity purposes.
In regard to reasonable accommodation, and in accordance with the Americans with
Disabilities Act of 1990, an applicant may request accommodation in the application
process, and an employee may request accommodation that will enable the employee to
perform the essential functions of the position. In determining the appropriate
accommodation, it may be necessary for a representative of the university to initiate an
informal, interactive process with the individual with a disability to identify the limitations
due to the disability and potential reasonable accommodation that could overcome those
limitations.
The university recognizes that an employee may advise the institution of the desire to
benefit from the program at any time.
D.
Development and Access to Policy Statement [41 CFR § 60-250.44, § 60-741.44]
The university has developed and posted its equal opportunity policy statement. The
policy is posted in the department of human resources, the office for equal opportunity,
and on the office for equal opportunity (www.cwu.edu/~oeo). New employees receive a
copy of the policy during orientation. The policy statement and affirmative action plan are
also available at the James E. Brooks Library in the Circulation Department.
E.
Responsibility for Implementation [41 CFR § 60-250.6 (h), (1), § 60-741-44 (i)]
Overall responsibility for implementation of the affirmative action program at Central
Washington University rests with the president of the university, James Gaudino. The
president delegates responsibility to Staci Sleigh-Layman, director of the office for equal
opportunity. The director of the office for equal opportunity is identified by name on all
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internal and external communications regarding the university’s equal opportunity and
affirmative action policies and program. The director of the center for disability services,
Rob Harden, is the designated Americans with Disabilities Act Coordinator.
Members of university administration support the implementation of this program by:
1. Adhering to university policies and procedures developed to promote affirmative
action and equal opportunity; and,
2. Discussing policies and procedures with their managers and supervisors to insure
they understand their obligations.
Employees placed through affirmative action efforts are protected from harassment
under the equal employment policy.
F.
Complaint Procedures [41 CFR § 60-250.61, § 60-741.61]
The university's discrimination complaint and resolution policy and procedures are
consistent with the following requirements:
1. Any applicant or employee may file, either internally or externally, a written complaint
alleging a violation of their rights as protected under this affirmative action program.
These procedures are provided at
http://www.cwu.edu/~oeo/complaint_procedures.html
2. All necessary steps are taken to ensure that no person intimidates, coerces, or
discriminates against any person for the purpose of interfering with the filing of a
complaint.
3. Records regarding complaints and actions taken are maintained for a period of at
least two years.
4. The university prohibits retaliation against any party for participation in the university’s
complaint process.
G.
Review of Personnel Processes [CFR § 60-250.44 (b), § 60-271.144 (b)]
1. Proper Consideration of Qualifications [CFR § 60-250.44 (b), § 60-271.144 (b)]
The university provides for careful, thorough and systematic consideration of the job
qualifications of applicants and employees who are known special disabled veterans,
veterans of the Vietnam era, recently separated veterans, or other protected veterans
for job vacancies filled either by hiring or promotion, and for all training opportunities
offered or available. When necessary, procedures are modified or new procedures
are designed to assure equal opportunity. Personnel processes do not stereotype
special disabled veterans, veterans of the Vietnam era, recently separated veterans,
other protected veterans or persons with disabilities.
2. Physical and Mental Qualifications [CFR § 60-250.44 (c) (1), § 60-741.44 (c) (1), 29
CFR § 1630.13]
Central Washington University adheres to the following:
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a. Physical or mental job qualification requirements are subject to periodic review to
ensure that, to the extent they screen out qualified disabled applicants or
employees, they are job related and consistent with business necessity and the
safe performance of the job.
b. When physical or mental job qualification requirements are applied, to the extent
the requirements tend to screen out qualified disabled applicants or employees,
the requirements are related to the specific job and are consistent with business
necessity and safe performance of the job.
c. When a medical exam is required prior to employment, the results are used only
in accordance with the affirmative action program and in compliance with the
Americans with Disabilities Act. When inquiries into an applicant's or employee's
physical or mental condition are made, or a medical examination is conducted,
responses are kept confidential except for notification of the appropriate
supervisor or manager regarding work restrictions and accommodation, of first
aid and safety personnel regarding application of emergency treatment, and of
government officials regarding compliance with federal law. As a matter of
affirmative action, if an employee who is known to be a special disabled veteran
is having significant difficulty performing his or her job and it is reasonable to
conclude that the performance problem may be related to the known disability,
the university shall confidentially notify the employee of the performance problem
and inquire whether the problem is related to the employee’s disability. If the
employee responds affirmatively, the university will confidentially inquire whether
the employee is in need of a reasonable accommodation.
H.
Reasonable Accommodation to Physical and Mental Limitations. [CFR § 60.250.44 (d),
§ 741.44 (c) (1), 29 § 1630.13]
1. Periodic reviews for physical or mental job qualifications are made to ensure that, to
the extent they screen out qualified applicants or employees with disabilities, they are
job related and consistent with business necessity and the safe performance of the
job.
2. Applicants for employment and promotion may be asked to demonstrate how, with or
without reasonable accommodation, they will be able to perform job-related functions.
They may not be asked questions about the nature, severity, or extent of their
disability; illness or use of sick leave or any other questions that would elicit
information about the presence or absence of a disability.
3. Accommodation is determined on a case by case basis and is coordinated through
disability support services. Reasonable accommodation will be provided unless the
accommodation would impose an undue hardship on the operation of the university
or the individual imposes a direct threat to the health and safety of the individual or
others in the workplace. Such exceptions are documented, and only the President
can deny a reasonable accommodation.
4. Reasonable accommodation may include adjustments necessary to allow a person
with a disability full participation in the workplace. Facilities are made readily
accessible through improvements in buildings and grounds. Job restructuring, parttime or modified work schedules, acquisition or modification of equipment or assistive
devices or the provision of readers or interpreters are available to employees when
reasonable. Employees may also receive reasonable accommodation through leave
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of absence and sick leave. A shared leave program allows a classified or
professional employee to donate accrued annual leave for another employee who,
because of severe illness, disability or other condition, would otherwise have to take
leave without pay.
I.
Harassment [41 CFR § 60-540.44 (e), § 60-741.44 (e)]
Policies are in place to protect employees from on the job harassment and/or
discrimination based on disability or because of status as a special disabled veteran,
Vietnam era veteran, recently separated veteran or other protected veteran. New
employees are provided copies of the university’s nondiscrimination policy, and new
employee orientations address the policy and avenues for filing complaints.
J. External dissemination of policy, outreach and positive recruitment [41 CFR § 60 250.44
(f), § 60-741.44 (f), (g)]
Central Washington University is committed to improving the employment opportunities
of special disabled veterans, veterans of the Vietnam era, recently separated veterans,
other protected veterans or persons with disabilities. The Washington state employment
security offices, veterans organizations, and vocational rehabilitation organizations are
notified of suitable job openings and are requested to recruit and refer qualified special
disabled veterans, veterans of the Vietnam era, recently separated veterans, other
protected veterans and/or persons with disabilities. The following outreach and
recruitment activities may be implemented to assist the university in its affirmative action
efforts:
1. Internally communicate the affirmative action obligation to employ special disabled
veterans, veterans of the Vietnam era, recently separated veterans, other protected
veterans and persons with disabilities so as to foster understanding, acceptance, and
support among executives, managers, supervisors, and all other employees, and to
encourage them to aid the institution in meeting this obligation;
2. Annually publish the policy statement in material used for recruitment of employees,
informing all employees and prospective employees of its commitment to affirmative
action for special disabled veterans, veterans of the Vietnam era, recently separated
veterans, other protected veterans and persons with disabilities. All employment
advertisements will include an equal opportunity and affirmative action statement;
3. Enlist assistance and support of recruiting sources to recruit, and provide advice and
technical assistance. Recruitment notices are sent to Washington state employment
security offices, employment security veteran's services representatives, the
veterans' administration, and the state vocational rehabilitation agency and other
offices and agencies which serve the needs of special disabled veterans, veterans of
the Vietnam era, recently separated veterans, other protected veterans and persons
with disabilities.
4. Subcontractors, vendors, and suppliers are notified of the university’s policy with a
request for them to take appropriate action;
5. Positions are posted openly, and all applicants are offered the opportunity to self
identify as a disabled veteran, Vietnam era veteran, recently separated veteran, other
protected veteran or persons of disability.
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6. Consider for employment all qualified special disabled veterans, veterans of the
Vietnam era, recently separated veterans, other protected veterans and persons with
disabilities not currently in the workforce, and who can be recruited through
affirmative action efforts.
7. The university participates in work training programs with rehabilitation facilities and
other community agencies and schools which specialize in on the job training or
educating persons with disabilities.
K. Internal Dissemination of Policy [41 CFR § 60-540.44 9 (g), § 60-741.44 (g)]
Central Washington University disseminates its equal opportunity and affirmative action
policies in the following manner:
1. The president of the university annually expresses his commitment to equal
opportunity and affirmative action by either circulating a signed letter to all
departments or through other forms of communication. In addition the policy (CWUP
2-35-010) is included in the university's policy manual which is available electronically
on the university’s website (www.cwu.edu/~pres/policies/2-0/2-35-010.html).
2. The director of equal opportunity will publicize it on the university’s website
continually, and each October in the university's newspaper, The Observer.
3. The director of equal opportunity meets with members of the president's cabinet,
management and supervisory personnel to explain the intent of the policy and
individual responsibilities for effective implementation, reaffirming the president's
affirmative action commitment.
4. Members of the administration and supervisory personnel meet with their employees
to discuss the policy and explain individual employee responsibilities at least
annually.
5. The office for equal opportunity, through new employee orientation and new faculty
orientation will ensure the distribution of the policy and discussion of the university's
commitment to equal opportunity and affirmative action during orientations for new
employees each year. The department of human resources will include a copy of the
policy in all new employee packets on an ongoing basis.
6. Union agreements reference the university’s nondiscrimination policy, and contract
provisions are reviewed to ensure they are nondiscriminatory
7. Vacancy announcements for civil service, exempt and faculty positions are on the
university’s electronic job board and applications are submitted on-line.
8. Articles on persons with disabilities are periodically featured in university publications
and employees with disabilities are periodically included in publications.
X. Responsibility for Implementation [41 CFR § 60-540.44 9 (h), (i), § 60-741.44 (h), (i)]
A. The overall responsibility for the effective implementation of the affirmative action
program rests with the president of the university, who:
1. Assigns operating responsibility for implementation of the program to
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administrators as appropriate.
2. Provides the necessary top management support and staffing to the director of
the office for equal opportunity to execute assigned duties within available funds.
3. Reaffirms the university's commitment to affirmative action annually,
disseminating this reaffirmation of the policy both internally and externally.
B. The president has delegated specific authority and responsibility for the
administration of the program to Staci Sleigh-Layman, director of the office for equal
opportunity, who:
1. Develops policy statements, affirmative action programs, and internal and
external communication techniques, and has regular discussions with managers,
supervisors, and employees to be certain institutional policies are being followed
and employees placed through affirmative action efforts are not harassed;
2. Identifies problem areas, implements affirmative action programs, and develops
solutions;
3. Designs and implements audit and reporting systems that:
a. Measure the effectiveness of the institution's programs;
b. Indicate need for remedial action;
c. Determine the degree to which institutional goals are attained;
d. Determine whether employees who are known special disabled veterans,
veterans of the Vietnam era, recently separated veterans, or other protected
veterans and persons with disabilities have had the opportunity to participate
in all institution sponsored educational, training, recreational, and social
activities; and/or
4. Serves as the official liaison between the institution and the OFCCP;
5. Advises management of the latest developments in the affirmative action.
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