AFFIRMATIVE ACTION PROGRAM
FOR WOMEN AND MINORITIES
EFFECTIVE DATES: March 1, 2010 – February 28, 2011
ADOPTED BY : President James Gaudino and President’s Cabinet
AUTHORITY: [41 CFR § 60-2.10]
POLICY STATEMENT [41 CFR § 60-1.4], [41 CFR § 60-2.10 (2) (2)]
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:
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.
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.
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.
The office for equal opportunity maintains formal and informal grievance 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 grievance process will not be retaliated against.
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.
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 Barge Hall,
room 211, telephone (509)963-2205, TDD (509)963-2207.
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DISSEMINATION OF POLICY
INTERNAL DISSEMINATION
Central Washington University will disseminate its 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 2-2.1) is included in the university's policy manual that is readily
available to all departments, employees and members of the public on the university’s
website.
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 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 (conducted by the
department of human resources) and new faculty orientation (conducted by faculty
relations) 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 and assistant vice president for faculty
relations 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 its website (www.cwu.edu/~oeo) as
well as the human resources website (www.cwu.edu/~hr).
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,
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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 and department of human resources 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)]
5. The vice president for business and financial affairs, the vice president for student affairs and
enrollment management, the vice president for university advancement, and the director of
public relations and marketing will insure that diversity is positively represented in
handbooks and publications on an ongoing basis.
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RESPONSIBILITY FOR IMPLEMENTATION OF PROGRAM
OVERALL RESPONSIBILITY – PRESIDENT
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 –
Director, Office for Equal Opportunity
Specific authority and responsibility for the administration of the affirmative action program is
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. 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)]
SPECIFIC AUTHORITY AND RESPONSIBILITY –
Deans, Department Chairs, and Academic Program Directors
Deans, department chairs, and academic program directors are responsible for the
administration and implementation of the applicable portions of the affirmative action program
as a basic part of their jobs. 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:
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]
6. Take actions to prevent harassment of employees placed through affirmative action efforts.
[41 CFR § 60-250.44 (e)]
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SPECIFIC AUTHORITY AND RESPONSIBILITY –
Non-Academic Program Directors, Managers, and Supervisors
Non-academic program directors, managers, and supervisors are responsible for the
administration and implementation of the applicable portions of the affirmative action 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:
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.
7. Take actions to prevent harassment of employees placed through affirmative action efforts.
SPECIFIC AUTHORITY AND RESPONSIBILITY –
Designated Officials
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.
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2. The vice president for business and financial affairs, the provost and senior vice president
for academic affairs, the vice president for student affairs and enrollment management, and
the vice president for university relations 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 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, the vice president for student affairs
and enrollment management, the vice president for university relations, and the director of
public relations and marketing 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 assistant vice president for financial affairs, through the director of business services
and contracts, and the assistant vice president for facilities management 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.
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UTILIZATION ANALYSIS
WORKFORCE PROFILES [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.
2. The university annually produces the following workforce displays:
A. Workforce Profile 1 (appendix 2): Display of the workforce, institution-wide
1. within the institution by job group
2. within job group by salary groups
3. total and percent of each job group and all job groups
B. Workforce Profile 2 (appendix 3): Display of the workforce, institution-wide
1. within the institution by job group
2. within job group by job title
3. 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
1. within organizational unit by department
2. within department by job group
3. within job group by job title
4. job titles ranked highest to lowest by salary
D. Workforce Profile 4 (appendix 5): Display of the workforce by organizational unit
a. within organizational unit by job group
b. within job group by job title
c. job titles ranked highest to lowest by salary
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E. Workforce Profile 5 (appendix 6): Display of the workforce by organizational unit
1. within organizational unit by department
2. within department by job group
3. within job group by job title
4. job titles ranked highest to lowest by salary
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.
5. 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 1997 through 2006 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:
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1. 2000 U.S. Census data, available at www.census.gov/eeo2000/index.html for
Washington State.
2. "2007-2008 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 –
All Institutions."
C. Civil Service. Availability for classified staff personnel is calculated using 2000 U.S.
Census data, available at www.census.gov/eeo2000/index.html for Chelan, Grant, and
Yakima Counties.
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.
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ESTABLISHMENT OF AFFIRMATIVE ACTION 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.
Prior Year's Goals (See appendix 7, Goals Analysis Report)
1. 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.
2. 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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IDENTIFICATION OF PROBLEM AREAS [41 CFR § 60-2.17 (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
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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 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;
A. Labor unions and vendors are not notified of their responsibilities;
B.
Purchase orders do not contain equal opportunity clause; and/or
C.
Affirmative action/equal employment posters are not on display.
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.
1.
The university will review its utilization analyses to assist in developing appropriate action
oriented programs.
2.
The university will identify the person(s) responsible for each program or corrective action
indicated.
3.
The university will use currently available programs appropriate for higher education and
state agencies.
4.
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.)
A. 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.
B. 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.
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C. Provide position announcements to recruitment sources, and to members of
management and search committees involved in the recruiting, screening, and selection
process.
D. Evaluate the total selection process to ensure freedom from bias and aid in the
attainment of goals by:
1. Carefully selecting and training personnel involved in the recruiting, screening, and
selection;
2. Observing the requirements of the OFCCP Uniform Guidelines on Employee
Selection Procedures;
3. 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;
4. Requiring that search committees for administrative/professional and faculty
positions have female and minority representation; and
5. 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.
E.
Consider the following techniques to improve recruitment and increase the flow of
affected group members:
1. Utilize the services of referral organizations and maintain contact with community
members prepared to refer applicants;
2. Encourage affected group employees to refer applicants;
3. Incorporate special recruiting efforts to reach affected group members at all
colleges and universities;
4. Include pictures of affected group employees on the university’s employment
website; and/or
5. 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.
F. Ensure that affected group employees are given equal opportunity for promotions, by
using the following techniques:
1. Post or otherwise announce promotional opportunities;
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2. 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;
3. Require supervisory personnel to submit written justification when apparently
qualified affected group applicants are passed over for promotion;
4. Review union contracts to ensure that seniority practices and clauses are
nondiscriminatory and do not have a discriminatory effect.
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 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:
1. Monitor records (using personnel action forms) of referrals, placements, transfers,
promotions, and terminations at all levels to ensure that nondiscriminatory policy is carried
out;
2. Prepare reports documenting the degree to which goals are attained;
3. Review the report results with appropriate levels of management and department of human
resources; and
4. 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.
1. The university will not discriminate in recruitment and advertisement [41 CFR § 60-20.2] and
will:
A. Recruit employees of both genders for all jobs unless gender is a bona fide occupational
qualification (BFOQ); and
B. Not express a gender preference in any advertisement for employment unless gender is
a BFOQ.
2. The university will not discriminate in employment policies and practices [41 CFR § 60-20.3]
and will make the following assurances:
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A. 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;
B. Employees of both genders have equal opportunity to any available job they are
qualified to perform, unless gender is a BFOQ.
C. 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.
D. 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.
E. Policies and practices assure appropriate physical facilities to both genders.
F. 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 establishing gender
as a BFOQ;
G. 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;
H. No differences are specified for male and female employees on the basis of gender in
retirement age; and
I.
Differences in capabilities for job assignments among individuals are recognized, to the
extent that distinctions are not based on gender.
1. The university makes no distinctions based on gender in seniority systems.
3. Pay schedules are not based on gender, and job classifications are not restricted by gender.
4. The university's affirmative action efforts include:
A. Encouraging women to apply for those jobs in categories in which they are traditionally
underrepresented.
B. Including women in management skills training programs; and
C. Providing both genders equal access to training programs.
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GUIDELINES ON DISCRMINATION 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:
1. Discrimination against applicants and employees because of religion or national origin, is
prohibited; and
2. 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
EFFECTIVE DATES: March 1, 2010 – February 28, 2011
ADOPTED BY : President James Gaudino and President’s Cabinet
AUTHORITY: [41 CFR § 60-250.1, § 60-741.5]
EQUAL OPPORTUNITY [41 CFR § 60-250.1, § 60-741.5]
1. 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.
2. 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:
A. Include an equal opportunity clause in each covered government contract and
subcontract in the amount of $25,000 or more; and
B. 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.
3. 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:
A. 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.
B. Principles of equal opportunity and affirmative action are the basis for fair employment
decisions.
C. Promotion decisions include only valid job related requirements and are in accordance
with the principles of equal opportunity and affirmative action.
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D. 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.
AFFIRMATIVE ACTION PROGRAM
[41 CFR, (B), (C), § 60-250.41, § 60-250.42, § 60-741.42]
1. 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.
2. 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 program are available on campus during business hours
in office for equal opportunity and in the James E. Brooks Library Reference Section. Portions of
the plan are also available online at www.cwu.edu/~oeo.
3. 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.
4. Development and Access to Policy Statement [41 CFR § 60-250.44, § 60-741.44]
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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 reference section.
5. 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 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:
A. Adhering to university policies and procedures developed to promote affirmative action
and equal opportunity; and,
B.
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.
6. Complaint Procedures [41 CFR § 60-250.61, § 60-741.61]
The university's equal opportunity grievance procedures are consistent with the following
requirements:
A. 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 www.cwu.edu/~oeo/complaint_procedures.html
B. 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.
C. Records regarding complaints and actions taken are maintained for a period of at least
two years.
D. The university prohibits retaliation against any party for participation in the university’s
complaint process.
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7. Review of Personnel Processes [CFR § 60-250.44 (b), § 60-271.144 (b)]
A. 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.
B. 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:
1. 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.
2. 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.
3. 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.
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8. Reasonable Accommodation to Physical and Mental Limitations. [CFR § 60.250.44 (d), §
741.44 (c) (1), 29 § 1630.13]
A. 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.
B. 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.
C. 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.
D. 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, part-time 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 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.
9. 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.
10. 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
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persons with disabilities. The following outreach and recruitment activities may be
implemented to assist the university in its affirmative action efforts:
A. 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;
B. 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;
C. 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.
D. Subcontractors, vendors, and suppliers are notified of the university’s policy with a
request for them to take appropriate action;
E. 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.
F. 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.
G. 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.
11. 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:
A. 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 2-2.1) is included in the university's policy manual which is available
electronically on the university’s website (www.cwu.edu/~pres/policies/part22.2.pdf).
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B. The director of equal opportunity will publicize it on the university’s website
continually, and each October in the university's newspaper, The Observer.
C. 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.
D. Members of the administration and supervisory personnel meet with their
employees to discuss the policy and explain individual employee responsibilities at
least annually.
E. The office for equal opportunity, through new employee orientation (conducted by
the department of human resources) and new faculty orientation (conducted by
faculty relations) 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.
F. Union agreements reference the university’s nondiscrimination policy, and contract
provisions are reviewed to ensure they are nondiscriminatory
G. Vacancy announcements for civil service, exempt and faculty positions are on the
university’s electronic job board and applications are submitted on-line.
H. Articles on persons with disabilities are periodically featured in university
publications and employees with disabilities are periodically included in
publications.
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