Tulane University. Guidelines and Requirements for Recruitment and Selection of Executive, Administrative, and Professional Staff

Transcription

1 Tulane University Guidelines and Requirements for Recruitment and Selection of Executive, Administrative, and Professional Staff Office of Institutional Equity Document Last Revised:

2 Executive, Administrative, and Professional Staff Selection Handbook, page 2 Table of Contents Message from the President... 4 University Mission Statement... 5 Executive, Administrative, and Professional Staff... 6 Purpose of the Recruitment and Selection Handbook... 7 PART I: INTRODUCTION... 8 Equal Employment Opportunity at Tulane University... 8 Federal Laws... 8 What is Equal Employment Opportunity and Affirmative Action?... 8 PART II: THE VACANCY Vacancy Approval Executive, Administrative, and Professional Position Descriptions Where to Advertise (Nationally, Regionally or Locally) How Long to Advertise Advertisement Language: Defining the Job Criteria Pay Grade and Salary Information Equal Opportunity Compliance Application Deadline PART III: SEARCH COMMITTEE GUIDELINES Committee Formation The Chair and the Committee Committee Functions Committee Recordkeeping Making Travel Arrangement and Accommodations Recommending Top Candidates Reporting Requirements PART IV: APPLICATIONS AND SCREENING Administrative Support Applicant Pool Completed Applications Late Applications Repeated Searches Review of Vita/Resumes PART V: SUCCESSFUL INTERVIEWING GUIDELINES Best Practices for Successful Interviewing PART VI: COMPLETING THE SEARCH PART VII: RESOURCE LISTING APPENDIX A: Federal and State Non Discrimination Regulations Federal Equal Opportunity Laws What Remedies Are Available When Discrimination Is Found? State Non Discrimination Laws APPENDIX B: Americans with Disabilities Act (ADA) Reasonable Accommodation APPENDIX C: Affirmative Action Regulations Operation of the Executive Order Program

3 Executive, Administrative, and Professional Staff Selection Handbook, page 3 The EEO clause Remedy if contractor is found in violation APPENDIX D: Strategies for Successful Recruitment APPENDIX E: Exceptions to the Standard Search Process Scope Documentation Needed to Request an Exception to the Standard Search Process

4 Executive, Administrative, and Professional Staff Selection Handbook, page 4 Message from the President Dear Tulane Executive, Administrative, and Professional Staff: Tulane is committed to maintaining an academic and professional environment that promotes, encourages, and welcomes diversity in all forms. The University seeks at all times to attract the highest quality executives, administrators, and professional staff without regard to characteristics such as gender, ethnicity, race, religion, age, marital status, sexual orientation, or physical challenge. To accomplish these goals, we must all work together to ensure that equal opportunity exists at Tulane University. Perhaps the most important method at our disposal is to conduct wellplanned employment searches that seek out and attract a diverse pool of applicants. This Recruitment and Selection Handbook will assist hiring officials and search committees in their employment search processes, and I encourage everyone involved to become thoroughly familiar with its contents. Thank you in advance for participating and ensuring that Tulane remains committed to an equal opportunity workplace. Please remember that the Office of Institutional Equity is committed to helping you make Tulane a place where diversity can flourish and grow. Sincerely, Dr. Scott Cowen, President Tulane University 4

5 Executive, Administrative, and Professional Staff Selection Handbook, page 5 University Mission Statement Tulane University is one of the country s leading private research institutions. Founded in 1834 in New Orleans, it is home to 11 schools and colleges offering undergraduate, graduate and professional degrees in architecture, business, engineering, law, liberal arts and sciences, medicine, public health and tropical medicine, and social work. Tulane's purpose is to create, communicate, and conserve knowledge in order to enrich the capacity of individuals, organizations and communities to think, to learn, and to act and lead with integrity and wisdom. Tulane pursues this mission by cultivating an environment that focuses on learning and the generation of new knowledge; by expecting and rewarding teaching and research of extraordinarily high quality and impact; and by fostering community building initiatives as well as scientific, cultural and social understanding that integrate with and strengthen learning and research. This mission is pursued in the context of the unique qualities of our location in New Orleans and our continual aspiration to be a truly distinctive international university. In keeping with the proud tradition and mission of Tulane University, the University hires Executive, Administrative, and Professional Staff who are of the highest caliber and who contribute to Tulane s world renowned reputation. 5

6 Executive, Administrative, and Professional Staff Selection Handbook, page 6 Executive, Administrative, and Professional Staff Tulane s executive administrators lead the University and provide vision and leadership to ensure success among all of the University s endeavors. The executive team brings years of collective experience to university governance with a steady hand on the present and an eye to the future. Tulane s administrative, and professional staffs are highly talented, motivated employees who support the institution s mission of educational excellence. These key managerial and supervisory members of the Tulane community strive to provide a working environment that is second to none among colleges and universities. 6

7 Executive, Administrative, and Professional Staff Selection Handbook, page 7 Purpose of the Recruitment and Selection Handbook This handbook is designed to provide guidance and successful search practice information to hiring officials, deans, directors, department heads, and search chairs and search committees who are making key hiring decisions that will have a long term impact on the University s workforce. This handbook includes both required, as well as suggested procedures, some of which are mandated by the Office of Federal Contract Compliance Programs (OFCCP). Procedures that are required are presented in this handbook in boldface type. This handbook should not be considered as legal advice or the only advice on how to conduct a successful search. The handbook can be best utilized if it serves as information to aid and support the various aspects of the search and screening process. The user is encouraged to augment these guidelines with other actions and resources that contribute to the efficiency and effectiveness of the process. This handbook also provides enhanced explanation of the advertising and recruitment process and outlines policy requirements for filling open positions. According to the code of Federal Regulations, all personnel involved in the hiring process must complete equal opportunity search committee training as required in affirmative action regulations. 1 In addition to a copy of this handbook, The Office of Institutional Equity (OIE) website contains a wide variety of recruiting, screening, and interviewing resources that may be helpful in attracting and developing diverse applicant pools and in hiring diverse employees. The website also includes all of the forms necessary for conducting and completing the search process. Please visit to review the resources and materials available. 1 41CFR60, Office of Federal Contract Compliance Programs 7

8 Executive, Administrative, and Professional Staff Selection Handbook, page 8 PART I: INTRODUCTION Equal Employment Opportunity at Tulane University Tulane University is committed to equality of opportunity. Discrimination against any individual in any and all areas of the University s environment, including any aspect of his or her study or his or her employment, such as hiring, discharge, compensation, or any other terms, conditions, or privileges of employment, because of an individual s race, sex, color, religion, national origin, citizenship, marital status, sexual orientation, age, disability, military, veteran s status or any other protected status or classification under federal, state, or local law is illegal and will not be tolerated at the University. Federal Laws As a federal contractor under the guidelines of the OFCCP, Tulane is legally obligated to follow guidelines set forth in Executive Order 11246, Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1976, the Vietnam Veterans Readjustment Assistance Act of 1974 as amended, and the Americans with Disabilities Act of A recap of applicable federal and state non discrimination regulations is provided in Appendix A and specifics concerning the Americans with Disabilities Act are included in Appendix B. What is Equal Employment Opportunity and Affirmative Action? 2 The concepts equal employment opportunity and affirmative action are often confused and/or misunderstood. It is important, especially when engaged in recruitment activities, to understand what the two concepts mean as it relates to the recruitment and selection process. Also important is an understanding of their differences. Equal opportunity laws simply ban discrimination. Affirmative action goes farther by requiring employers to take affirmative steps to achieve a balanced representation of workers. Equal employment opportunity means providing the same opportunities concerning employment decisions to all individuals without regard to their membership in, or identification with, a protected class group. (A protected class is a group of people who share common characteristics and are protected from employment discrimination by federal and state laws.) In the recruitment and selection process, this means applying the same standards to all applicants in the application review, evaluation, interview, and hire process. Affirmative action means actively seeking to recruit underrepresented groups to the workplace. It is a policy to encourage equal opportunity and to level the playing field for groups of people who have been, and still are, discriminated against. According to the Equal Opportunity Commission, affirmative action is considered essential to assuring that jobs are genuinely and 2 East Carolina University Office of Institutional Equity,

9 Executive, Administrative, and Professional Staff Selection Handbook, page 9 equally accessible to qualified persons, without regard to their sex, racial or ethnic characteristics. There is a common misperception that affirmative action requires meeting quotas or that a female or minority candidate should be hired regardless of qualifications. This is incorrect. Although there are often goals associated with affirmative action, there are no quotas that must be met to comply with the law. Affirmative action does not seek to hire individuals because of minority status or membership in an underrepresented population who are not qualified for the position. Affirmative action means casting a wider net by developing a recruitment plan that will reach a diverse pool of qualified individuals for the position and applying all screening standards fairly and equitably. This usually means setting goals and timetables and using a variety of aggressive recruitment and outreach methods, to include discipline specific journals and periodicals, web based advertising, networking at conferences, word of mouth, local/state media, etc. Affirmative action seeks to recruit a diverse pool of applicants to select from and equal employment opportunity requires applying the same standards to all applicants during the application review and interview process. In this manner, the practice of affirmative action and equal employment opportunity work together to form the basis of affirmation action planning. A listing of important Affirmative Action regulations is included in Appendix C. 9

10 Executive, Administrative, and Professional Staff Selection Handbook, page 10 Vacancy Approval PART II: THE VACANCY Excellence in employment and hiring begins with a high quality recruitment process and continues through to the extension of an offer to a candidate. The key is to develop a strategy for the recruitment process that can be followed by the search participants. Appendix D contains a list of strategies for successful recruitment. Generally all vacant positions are filled through the advertising, search and recruitment process. While there are occasional exceptions to this general rule, exceptions must be approved by the senior officer of the area and the Office of Institutional Equity (OIE). A discussion of exceptions to the standard search process is provided in Appendix E. For Executive, Administrative, and Professional Staff positions the hiring supervisor must write a justification for the request and submit it with the Staff Personnel Request Form to the Budget Office with maximum salary and funding source indicated. The Budget Office must approve the maximum salary and funding source and the Senior Officer and Chief of Staff must also approve. Executive, Administrative, and Professional Staff Position Descriptions One of the most important steps in the initial hiring process for the Committee is utilizing an upto date position description (PD), in order to establish the knowledge, skills, and abilities (KSA s) required for the position. This may require a job analysis by analysts from Human Resource s (HR) Classification Section. The analysis may then be utilized to prepare an initial or updated PD. An accurate PD will facilitate all other aspects of the hiring process (resist the temptation to use the previous PD). Prior to advertising an executive, administrative, or professional staff position HR must have reviewed and approved the PD. Where to Advertise (Nationally, Regionally or Locally) In keeping with Tulane s commitment to equal opportunity, excellence, and diversity, it is important to advertise in discipline specific journals and professional journals, but it is equally important to reach out to organizations and associations that specialize in reaching diverse audiences. National advertising requirements mean that the vacancy announcement must be carried in publication sources that are widely circulated throughout the United States, and have relevance to the available position. Typically, this is accomplished by placing vacancy announcements in professional and recruitment publications and in publications that specifically address the interests and concerns 10

11 Executive, Administrative, and Professional Staff Selection Handbook, page 11 of minorities and women. Announcements may also be forwarded to diverse organizations and other institutions of higher education. The OIE website contains several recruiting resources including a list of organizations useful for recruitment of diverse applicants, a listing of publications for specific populations, and some electronic recruiting resources. Another source for recruiting diverse applicants is colleges and universities that attract specific diverse populations. Listings of Historically Black, Women s, and Native American colleges and universities are also provided in the Recruiting Resources section of the OIE website. Recruitment and advertising language must embrace and support Tulane s nondiscrimination policy. All advertisements and job descriptions must be free of language that has an effect of creating disparate treatment or has a disparate impact on protected groups. All Executive, Administrative, and Professional Staff positions must be posted on the HR website to ensure applicant tracking meets federally mandated requirements. Executive, Administrative, and Professional Staff positions must be advertised regionally, and should be advertised nationally as required by affirmative action regulations, unless market and economic conditions pose an undue hardship on Tulane University in advertising in regional media. The OIE office must be consulted for an exception to be made. Advertisement of a position is in addition to the requirement to advertise on the HR vacancy posting website. How Long to Advertise Executive, Administrative, and Professional Staff vacancies must be advertised for a minimum of 2 calendar weeks or 14 working days, unless an exception is granted. Advertisement Language: Defining the Job Criteria One of the most significant errors made in the search process occurs when job qualifications are not clearly defined and articulated by the subject matter experts. This kind of error can lead to delays, disappointments and egregious hiring mistakes. Therefore, job qualification language should be as specific as possible regarding duties, responsibilities and expected performance standards. The advertisement must include clear criteria that an applicant will be expected to meet to qualify for the position. The definition of such terms as major, significant, minimal, and minor should be defined by the hiring official, if such terms are used. Pay Grade and Salary Information Vacancy announcements must indicate an expected hiring salary range, or that the salary is negotiable above the minimum, when applicable. 11

12 Executive, Administrative, and Professional Staff Selection Handbook, page 12 Equal Opportunity Compliance All position vacancy advertisements must include a statement reflecting Tulane University s position regarding equal opportunity, diversity and inclusion. The following statement (or a similar version) is recommended: Tulane University is an equal employment opportunity/affirmative action employer committed to excellence through diversity. All eligible candidates are invited to apply for position vacancies as appropriate. An Equal Opportunity/ADA/Affirmative Action Employer Women, Minorities and Veterans are encouraged to apply. To provide greater flexibility during the advertising period as a means of attracting highly sought after candidates, the following statement is recommended for journals and periodicals: Tulane University is seeking applications for (designated position). The search committee will commence its initial screening of applications on (specific date). However, the advertising and search process will remain active until the position is filled. Application Deadline Each vacancy announcement/advertisement should show an application deadline or state open until filled. Positions may not be filled or a firm commitment for employment made until after the closing date. 12

13 Executive, Administrative, and Professional Staff Selection Handbook, page 13 PART III: SEARCH COMMITTEE GUIDELINES Search committees can serve as an invaluable resource in the recruiting, evaluating, and selecting of key employees as well as getting more people involved in the search process. In addition, these committees bring a wider perspective on the needs of the organizational units. Once the vacancy has been approved, the hiring official, or designee, may appoint a search chair (Chair) and search committee (Committee). The hiring official may delegate forming a search committee to the Chair. Once the Committee has been established, the hiring official should provide the Chair and the Committee with the search charge, which may include information about the position such as an updated position description, the institution s and/or college or division s strategic aims, what background and abilities the institution/college or division is seeking for the position, expected timeframe for filling the position and other unique needs of the college, division, school or department. The search charge must include information about university underutilization of women and minorities. This information can be found on the OIE website. The Office of Institutional Equity highly encourages the formation of diverse search committees. The search committee ideally is composed of individuals from diverse backgrounds in order to provide a variety of perspectives as well as to ensure awareness of affirmative action issues. When possible, the committee should include minority and women members, preferably from within the academic or administrative unit making the hire. Be cautious about overburdening minority and women faculty or administrators, particularly where they are not within the unit having the vacancy. Committee Formation Search committees should be used to fill any vacancy covered by this policy. Please note that the use of search committees is not restricted to those positions listed above. Hiring officials are urged to utilize search committees to fill vacancies where appropriate in other positions. The Chair and the Committee Committees should be established based on the following standards and characteristics: 1) The hiring official or the Chair should set the tone of the Committee by explaining the needs of the university, school and department in filling the position. 2) The hiring official or the Chair should ensure that the committee has sufficient administrative support. Good administrative support is key to ensure the smooth flow of 13

14 Executive, Administrative, and Professional Staff Selection Handbook, page 14 information from the committee to the applicants, maintaining documentation and compliance with administrative policies. 3) The Chair should determine when, where and how often the Committee will meet. 4) Committee members should include individuals who are employed within the hiring department with knowledge of the duties of the position; individuals who are familiar with the pertinent administrative duties and responsibilities; or individuals who have a specific knowledge of the particular position requirements. 5) Committee members should have working knowledge of Tulane s employment and recruitment process. Committee members will find it easier to negotiate the process if they review this Handbook prior to commencing the search. 6) The hiring official or the Chair should make sure that the search committee includes individuals with different perspectives, expertise and a demonstrated commitment to diversity. 7) The Chair should identify individuals whose responsibility it will be to double check all search and recruitment efforts against Tulane s strategic commitment to diversity. Each committee member should have some knowledge of Tulane s strategic efforts to improve the diversity amongst its executive, administrative, and professional staff ranks and how this translates into academic excellence. 8) The Committee should determine the appropriate process for communicating with the department, the campus community and with candidates who have applied for the position. Generally, to ensure continuity, the search committee may express a preference for all inquiries and requests to be referred to the Chair. 3 Committee Functions If the hiring official or Chair has not developed the position description, this task may be delegated to the Committee. The initial responsibility of the Committee is to establish specific criteria and guidelines for conducting the search. Once this has been accomplished, the Committee performs the following primary functions: 1) Aggressively recruits and locates qualified diverse individuals who are interested in applying for the position. 2) Seriously targets populations that are either not represented or are underrepresented in the unit or department for which the position is being advertised. This information can be found on the OIE website. 3) Receives, reviews, and evaluates applications from applicants for the advertised position. 3 Florida State University Equal Opportunity Office 14

15 Executive, Administrative, and Professional Staff Selection Handbook, page 15 4) Ensures that those applicants who are not selected for further consideration are informed as quickly as possible. 5) Interviews qualified individuals who applied for the position. 6) Recommends the best candidate(s) to the hiring official or Chair. Committee Recordkeeping Committee records must be maintained for a period of three (3) years, and consist of the following, at a minimum: 1) Information on recruitment efforts, including advertisements, vacancy announcements, and records of contacts (direct, phone, e mail, and letter). 2) A copy of the position description, if applicable. 3) All applications received and considered for the position. 4) A listing of qualified applicants considered by the hiring department. 5) A listing of applicants eliminated from consideration who were determined not to be qualified; a stated reason for elimination of an applicant is required. 6) Checklists or ranking instruments used and any minutes relating to Committee deliberations and the rationale for applicant recommendations. 7) A list of candidates who were selected for an interview and those who were recommended to the hiring official. 8) Documentation affirming that applicants not selected for an interview were notified of their status. The Chair is responsible for ensuring that all records regarding the search are properly retained. Such records are normally maintained in the hiring department. Making Travel Arrangement and Accommodations The Committee should notify each candidate in writing of the University s travel and accommodations policies, including which expenses the University will reimburse. For example, airfare to one area airport may be reimbursable, whereas airfare to another area airport may not be reimbursable. The Committee should ask the appropriate HR department or their business and financial office for information in order to advise candidates about a variety of travel and lodging matters, such as rental car and taxi information and local accommodations. In addition, the Committee should 15

16 Executive, Administrative, and Professional Staff Selection Handbook, page 16 notify candidates of any special arrangements the University or department may have with specific travel agencies, rental car companies, hotels, and restaurants. All candidates should be informed they will be provided assistance with any special accommodation(s) required. If requested by the applicant or candidate, reasonable accommodations are required to be made in the application and interview processes under ADA. Please contact OIE for information about accommodations in the application and interview process. Recommending Top Candidates The Committee should submit a listing of at least three (3) recommended applicants in alphabetical order to the hiring official, with supporting comments or documentation. A listing of at least three alternates may also be prepared to be used if the original recommended candidates are not available for consideration. If the hiring official requests that finalists be ranked, the committee should make qualitative evaluations based upon job related criteria. Reporting Requirements Once a qualified applicant has been selected to fill a vacancy, the hiring department should complete the applicable forms for both internal processing and affirmative action monitoring purposes. Required forms can be found on the OIE website. 16

17 Executive, Administrative, and Professional Staff Selection Handbook, page 17 Administrative Support PART IV: APPLICATIONS AND SCREENING One of the critical areas for the search process is to identify a person who will serve as the administrative support to the search committee throughout the search process. The most appropriate person typically is organized, efficient, has excellent computer skills, excellent people skills, is knowledgeable about HR forms, the search process and has budgeting experience. The OIE website, contains several administrative checklists for use by organizational units, search committees, and administrative personnel in conducting an employment search. In addition, this website includes copies of all required forms and worksheets as required by the OIE. Please visit the site to become familiar with the materials available. Applicant Pool Hiring officials and Chairs should monitor the diversity of the applicant pool. OIE can provide information to hiring officials about the makeup of the applicant pool based on the information analyzed from the Affirmative Action Data Cards or Human Resources On Line Applicant System. Where the applicant pool is not diverse, the search process may be extended or augmented to allow the Committee the opportunity to implement additional or more focused recruitment strategies. Completed Applications Applicants for Executive, Administrative, and Professional Staff positions interested in employment opportunities at the University must submit their resume, vita and other application material via the HR website prior to the stated application deadline in order to be considered for any available positions. Vacancies that are listed on the HR website allow the applicant to apply online. HR will screen all of the applications for vacant positions. After screening, departments will be electronically notified about qualified applicants. HR automatically notifies the applicant to fill out the applicant data card. Late Applications An application cannot be included in the applicant pool if the vita/resume is received after the published deadline date. If the vacancy is re advertised the application can be considered part of the new applicant pool. 17

18 Executive, Administrative, and Professional Staff Selection Handbook, page 18 Repeated Searches If for some reason an applicant is offered a position but is unable to begin their duties, the original applicant pool may be used provided no more than six months has elapsed since the original search. Review of Vita/Resumes When reviewing resumes and/or applications, please keep in mind the following: 1. Qualifications cannot be changed to fit an identified applicant or candidate after the search process has started. 2. Applicants and candidates cannot be eliminated from the recruitment and search process based on a protected characteristic (see Tulane s equal opportunity policy for protected characteristics). 3. Applicants/Candidates must be evaluated based on the advertised qualifications; these qualifications must be objective, non discriminatory and job related. 4. Hiring officials must provide job related, non selection and selection reasons for each job applicant. Upon determining that the applicant pool is diverse, or that good faith efforts were conducted to attract diverse applicants, the Committee may begin the screening process. All aspects of the screening process should be directly related to the particular position to be filled. The following steps are designed to ensure a successful applicant evaluation process: Step 1: The Chair or the Committee should develop applicant evaluation tools designed to objectively rate the applicants against the qualifications for the position as follows: 1) During the initial review of all applications, if the Committee elects to develop and use ranking as a part of the preliminary screening process, it is vital that the ranking criteria be related to the job requirements. The Committee should take the following steps to ensure that ranking is done fairly 4 : a) Ranking is performed in a consistent manner. b) Ranking is based upon valid criteria, and be objective and job related. c) The Committee members must agree on the meaning of the stated qualifications and how they will be measured. Broadly stated criteria should be clarified and refined, but only to the extent that it does not result in changed or unadvertised criteria. The Committee should subsequently compare the resumes of all qualified applicants with the refined criteria. Step 2: Evaluate the applicant pool to ensure that all persons qualify for employment consideration. Any applicant who meets the stated qualifications and has submitted the 4 Florida State University Equal Opportunity Office 18

19 Executive, Administrative, and Professional Staff Selection Handbook, page 19 required application materials by the closing deadline, should be deemed qualified and eligible for further consideration. Step 3: Analyze the training and experience of each qualified applicant by comparing the specific knowledge, skills and abilities described in the individual s history to the specific knowledge, skills and abilities advertised/posted for the job vacancy and stated in the position description. In doing so, the hiring official may consider a candidate s skills that may be transferable and/or preferred. Step 4: The final stages of the screening process include: 1) The interview. (The OIE website contains an entire section of resources devoted to the interviewing process). 2) Reference checks (including verification of education, training and/or work history). 3) A review of work samples or other requested materials, essential job elements, and background checks as appropriate. 4) For Executive, Administrative, and Professional Staff positions HR will conduct a criminal background check and will verify all academic degrees. 19

20 Executive, Administrative, and Professional Staff Selection Handbook, page 20 PART V: SUCCESSFUL INTERVIEWING GUIDELINES Best Practices for Successful Interviewing Where the listing of interviewees is not diverse, the Committee should review the list of qualified applicants to ensure that the reason(s) for applicants who were not selected for interviews can be substantiated and did not result from bias. Interviews should be conducted in such a way as to provide an objective analysis of each candidate s ability to successfully fulfill the responsibilities of the position. The OIE website, contains a section entitled Interviewing Resources that contains information on types of interviews, acceptable interview questions, tips for conducting interviews, and even strategies for telephone interviews, among others. The following measures will help to foster equity in the interview process: 1) Copies of the committee s critical criteria should be available in a checklist format, when possible, as part of the standard procedure for the interviews. 2) Structure all aspects of the interview, including questions asked, to ensure consistency for each applicant. 3) Ensure the interviewing team has a diverse make up. 4) Inform Committee members of all compliance requirements regarding pre employment inquiries. 5) Afford equitable time and exposure in the interviewing process for each candidate. 6) Avoid restrictive scheduling of applicant interviews (e.g., consider giving telephone interviews to out of town candidates or others who may be unable to come to the interview site). University policy prohibits hiring officials, search committee members and others involved in the hiring process from asking applicants and candidates questions about protected status information. (Please see Inappropriate Questions in the Search Process, in Tulane University s Guide to the Recruitment Process, Part V. In addition specific documents on the OIE website address what can, and cannot, be asked of applicants during the search process.) 20

21 Executive, Administrative, and Professional Staff Selection Handbook, page 21 PART VI: COMPLETING THE SEARCH Where an applicant has been deemed not eligible for a position he/she can not later be considered for the same open position, unless that applicant has obtained the necessary degree, certificate, license, education, experience or skills to qualify for the position. Salaries and wages must be set without regard to gender or other protected characteristics. Before an official offer is made to the candidate, the OIE must review and approve all EEO documentation. EEO documentation can be transmitted electronically or by fax to the OIE. After the search process for an Executive, Administrative, or Professional Staff position is complete, the following documents MUST be submitted to the Office of Institutional Equity: 1) Completed Recruitment Procedures Form, including: Copy of the job description Actual copies of all advertisements used for the search Actual copies of all recruiting letters and/or other materials used during the search 2) Completed Interview Form for EACH applicant interviewed. 3) Completed Approval Form for Executive, Administrative, and Professional Staff Positions. 21

22 Executive, Administrative, and Professional Staff Selection Handbook, page 22 PART VII: RESOURCE LISTING The following sources were used to compile this manual: 1) Search Guidelines from The University of Washington, 2) Search Guidelines from Penn State University, 3) Search Guidelines from Florida State University, 4) Search Guidelines from North Carolina State University, 5) Department of Labor, Office of Federal Contract Compliance Programs website at 6) Equal Employment Opportunity Commissions, Federal EEO Laws 22

23 Executive, Administrative, and Professional Staff Selection Handbook, page 23 APPENDIX A: Federal and State Non Discrimination Regulations Federal Equal Opportunity Laws Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including: hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment. Discriminatory practices under these laws also include: harassment on the basis of race, color, religion, sex, national origin, disability, or age; retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group. Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The Equal Pay Act (EPA) prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions. 23

24 Executive, Administrative, and Professional Staff Selection Handbook, page 24 Note that: Employers may not reduce wages of either sex to equalize pay between men and women. A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex. What Remedies Are Available When Discrimination Is Found? The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include: back pay, hiring, promotion, reinstatement, front pay, reasonable accommodation, or other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination). Remedies also may include payment of: attorneys' fees, expert witness fees, and court costs. Under most EEOC enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against the federal, state or local governments. In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case. 24

25 Executive, Administrative, and Professional Staff Selection Handbook, page 25 State Non Discrimination Laws Intentional discrimination in employment A. It shall be unlawful discrimination in employment for an employer to engage in any of the following practices: (1) Intentionally fail or refuse to hire or to discharge any individual, or otherwise to intentionally discriminate against any individual with respect to his compensation, or his terms, conditions, or privileges of employment, because of the individual's race, color, religion, sex, or national origin. (2) Intentionally limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his status as an employee, because of the individual's race, color, religion, sex, or national origin. B. It shall be unlawful discrimination in employment for an employment agency to intentionally fail or refuse to refer for employment, or otherwise to intentionally discriminate against, any individual because of his race, color, religion, sex, or national origin, or to intentionally classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. C. It shall be unlawful discrimination in employment for a labor organization to engage in any of the following practices: (1) Intentionally exclude or intentionally expel from its membership, or otherwise intentionally discriminate against, any individual because of his race, color, religion, sex, or national origin. (2) Intentionally limit, segregate, or classify its membership or applicants for membership, or intentionally classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin. 25

26 Executive, Administrative, and Professional Staff Selection Handbook, page 26 APPENDIX B: Americans with Disabilities Act (ADA) There can be no discrimination against persons with disabilities with regard to any employment practices, terms, conditions, and/or privileges of employment. This restriction applies to all aspects of the employment process, including: application promotion testing medical examinations hiring layoff/recall assignments termination evaluation compensation disciplinary actions leave training benefits The following are actions that may constitute discrimination under the ADA: 1) Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects employment opportunities for the applicant or employee because of his or her disability 2) Participating in a contractual or other arrangement/relationship that subjects a qualified applicant or employee with a disability to discrimination 3) Denying an employment opportunity to a qualified applicant or employee because he/she has a relationship or association with a person with a disability 4) Refusing to make a reasonable accommodation for the known physical or mental limitations of a qualified applicant or employee 5) Using qualification standards, employment tests, or other selection criteria that screen out, or tend to screen out, an applicant or employee with a disability, unless they are jobrelated and necessary for the position 6) Failure to use employment tests in the most effective manner to measure actual abilities. Tests must accurately reflect the skills, aptitude, or other factors being measured, and not the impaired sensory, manual, or speaking skills of an employee or applicant with a disability (unless those are the skills the test is designed to measure) 7) Discriminating against an applicant or employee because he or she has opposed an employment practice of the employer; or filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing to enforce provisions of the ADA 26

27 Executive, Administrative, and Professional Staff Selection Handbook, page 27 Reasonable Accommodation Reasonable accommodation is a critical component of the ADA regulations and is defined as any change in the work environment, or in the way things are usually done, that results in equal employment opportunity for an individual with a disability. Under the ADA, all University departments must make reasonable accommodations in employment to employees and applicants with disabilities unless they can show that the accommodation would cause an undue hardship to the operation of the unit. All University departments should use FSU Form RAR820 to document the reasonable accommodation provided. Some examples of reasonable accommodation include: 1) Making facilities readily accessible to, and usable by, an individual with a disability. 2) Job restructuring by reallocation or redistribution of marginal duties. 3) Modifications to work schedules. 4) Reassignment to a vacant position. 5) Acquiring or modifying equipment or devices. 6) Adjusting or modifying examinations, training materials, or policies. 7) Permitting use of accrued paid or unpaid leave for necessary treatment(s). 8) Providing qualified readers or interpreters. 9) Changing or re locating workstations. The department is not required to provide an accommodation if it can furnish documentation that demonstrates that in order to do so would result in undue hardship. Undue hardship is defined as: Action that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the unit/department. The ADA does not require the lowering of quality or standards to make an accommodation, nor is there an obligation to provide personal use items, such as glasses or hearing aids, as an accommodation. In determining undue hardship, factors that should be considered include the nature and cost of the accommodation in relation to the size, financial resources, nature, and structure of the employer s operation, as well as the impact of the accommodation on the specific facility providing the accommodation. 27

28 Executive, Administrative, and Professional Staff Selection Handbook, page 28 An applicant/employee may justifiably not be hired and/or promoted if they pose a direct threat to the health and/or safety of themselves or others; however, an employment opportunity cannot be denied merely because of a slightly increased risk. A health or safety risk can only be considered if there is a significant risk of substantial harm, either to the applicant/employee, or to others. The assessment of a direct threat must be based strictly on a valid medical analysis and/or other objective evidence, and not speculation. It is a violation of the ADA to ask a job applicant about the existence, nature, or severity of a disability. Applicants may only be asked about their ability to perform specific job functions. (See Appendices A General Interview Questions, B Interviewing Applicants with Disabilities, and C Lawful/Unlawful Pre Employment Inquiries ). It is illegal to make medical inquiries or request/conduct a medical examination until after a job offer has been made. A job offer may be conditioned on the results of a medical examination or inquiry, but only if this is required for all entering employees in similar positions. Medical examinations of employees must be job related and consistent with the department s operational needs. It is not a violation of the ADA to administer a drug test to job applicants or employees for the purpose of determining the illegal use of drugs. Such tests are not considered medical examinations. It should be noted, however, that the ADA neither encourages, authorizes, nor prohibits the use of drug testing. 28

29 Executive, Administrative, and Professional Staff Selection Handbook, page 29 APPENDIX C: Affirmative Action Regulations Affirmative Action Regulations (CFR 41 CFR 60) Summary Information (for more detail information on this regulation please contact the Office of Federal Contract Compliance Programs, Department of Labor) Tulane University is an Affirmative Action employer and is required to adhere to Executive Order The Department of Labor's Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) enforces the Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended and the affirmative action provisions (Section 4212) of the Vietnam Era Veterans' Readjustment Assistance Act, as amended. Taken together, these laws ban discrimination and require Federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability or status as a Vietnam era or special disabled veteran. OFCCP requires a contractor, as a condition of having a federal contract, to engage in a self analysis for the purpose of discovering any barriers to equal employment opportunity. No other Government agency conducts comparable systemic reviews of employers employment practices to ferret out discrimination. OFCCP also investigates complaints of discrimination. In Fiscal Year 1999, OFCCP conducted 3,833 compliance reviews. Moreover, OFCCP programs prevent discrimination. Non construction (service and supply) contractors with 50 or more employees and government contracts of $50,000 or more are required, under Executive Order 11246, to develop and implement a written affirmative action program (AAP) for each establishment. The regulations define an AAP as a set of specific and result oriented procedures to which a contractor commits itself to apply every good faith effort. The AAP is developed by the contractor (with technical assistance from OFCCP if requested) to assist the contractor in a self audit of its workforce. The AAP is kept on file and carried out by the contractor; it is submitted to OFCCP only if the agency requests it for the purpose of conducting a compliance review. The AAP identifies those areas, if any, in the contractor s workforce that reflect utilization of women and minorities. The regulations at 41 CFR (b) define underutilization as having fewer minorities or women in a particular job group than would reasonably be expected by their availability. When determining availability of women and minorities, contractors consider, among other factors, the presence of minorities and women having requisite skills in an area in which the contractor can reasonable recruit. Based on the utilization analyses under Executive Order and the availability of qualified individuals, the contractors establish goals to reduce or overcome the underutilization. Good faith efforts may include expanded efforts in outreach, recruitment, training and other activities to increase the pool of qualified minorities and females. The actual selection decision is to be made on a non discriminatory basis. 29