EEO Legal & Policy Environment

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1 EEO Legal & Policy Environment 1 The University of North Carolina EEO Conference T h o m a s C. S h a n a h a n, A s s o c i a t e V i c e P r e s i d e n t f o r L e g a l A f f a i r s O f f i c e o f L e g a l A f f a i r s, U N C G e n e r a l A d m i n i s t r a t i o n THE INFORMATION PROVIDED IN THIS PRESENTATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE LEGAL ADVICE

2 EEO Function Legal & Policy Environment Sources of Policy and Regulation Status of the University (campuses) as Employers University policy Federal law and regulation State law Regulatory and Enforcement Agencies OCR, DOJ, EEOC and Title IX Stepping Back: Factors and Trends that Influence EEO Practice 2 Economy; Demographic Trends; Current Issues; Veterans

3 Sources of Policy and Regulation EEO and the status of the University Employer Faculty EPA Non-Faculty SPA Others (Post-Docs, Temporary Employees, etc.) Educational Program Federal Contractor Recipient of Federal Financial Assistance State Government Entity Service Provider National Origin/Citizenship 3

4 Sources of Policy and Regulation 4 Equality of Opportunity in the University Admission to, employment by, and promotion in the University of North Carolina and all of its constituent institutions shall be on the basis of merit, and there shall be no discrimination against any person on the basis of race, color, creed, religion, sex, national origin, age, disability, or veteran status. Section 103 of The Code of The University of North Carolina, UNC Policy Manual Chapter 100.1

5 Sources of Policy and Regulation Federal Sources - Examples Basic EEO Laws - Examples Title VII of the Civil Rights Act of 1964 Section 1981 (Civil Rights Act of 1866) Equal Pay Act of 1963 Americans with Disabilities Act, Title I Age Discrimination in Employment Act Uniformed Services Employment and Reemployment Rights Act of 1994 Immigration Reform and Control Act Public Employer (State Government) Section 1983 (Civil Rights Act of 1871) U.S. Constitution Americans with Disabilities Act (Title II) Educational Program or Activity Title IX of the Educational Amendments of 1972 Programs Receiving Federal Financial Assistance Title VI of the Civil Rights Act (race, color, or national origin) Section 504 of the Rehabilitation Act of 1973 Federal Contractor Executive Order (race, color, religion, sex, or national origin) Section 503 of the Rehabilitation Act of 1973 Vietnam Era Veterans Readjustment Act of

6 Sources of Policy and Regulation North Carolina Constitution Article 6 of the State Personnel Act State Sources Examples Equal opportunity for employment and compensation, without regard to race, religion, color, creed, national origin, sex, age, or handicapping condition as defined in G.S. 168A-3. Article 8 of the State Personnel Act Employee appeals of grievances and discipline Article 14 of the State Personnel Act State employees encouraged to report evidence of activity by a State agency or State employee constituting a violation of State or federal law, rule or regulation; Retaliation Prohibited. N.C. Gen. Stat Veterans (and certain spouses and dependents of veterans) shall be granted preference in employment with every State department, agency, and institution. Title 25, Subchapter L of the North Carolina Administrative Code - EEO Executive Orders of the Governor 6

7 Sources of Policy and Regulation University Sources - Examples Equal Opportunity Statement, Section 103 of The Code EPA Employment Policies ( and of the UNC Policy Manual) Disability, Illness and Military Leave policies Faculty Grievance and Hearing Procedures Due process before discharge or imposition of serious sanctions, Section 603 of The Code Non-reappointment decisions, (Section 604 of The Code and of the UNC Policy Manual) Grievance procedures for faculty (Section 607 of The Code and of the UNC Policy Manual) EPA Non-Faculty Grievance and Hearing Procedures Review personnel actions affecting EPA non-faculty employees (Section 611 of The Code) SPA Policies, Grievances and Hearing Procedures Campus policies required by the State Personnel Act Example: Procedures for addressing harassment Recourse to OAH 7

8 Regulatory and Enforcement Agencies U.S. EEOC U.S. Dept of Education, Office of Civil Rights U.S. Dept of Labor OFCCP; VETS Other Federal Agency Civil Rights Offices (HHS, Agriculture, Energy, etc.) and contracting officers U.S. Department of Justice Civil Rights Division Sections on Disability Rights, Education, Employment, Federal Coordination and Compliance (Titles VI and IX), Special Litigation, and the Office of Special Counsel for Immigration- Related Unfair Employment Practices North Carolina Office of State Personnel North Carolina Office of Administrative Hearings Civil Rights Division 8

9 Regulatory and Enforcement Agencies Title IX Covers employment discrimination in educational programs or activities of recipients Private right of action for damages for discrimination on the basis of sex or retaliation OCR April 2010 Dear Colleague Letter - focuses on student on student sexual harassment and sexual violence; questions about applicability to employees Title IX related employment complaints Title IX and Title VII enforcement schemes overlap in the area of employment discrimination, but are considered separate enforcement mechanisms Most Federal agencies have adopted the Title IX Common Rule for addressing Title IX complaints ( Substantive standards of Title VII apply to Title IX claims BUT the procedural standards of Title VII (filing deadlines, EEOC charges, etc.) do not 9 Employment discrimination complaints received by Federal agencies are generally processed in accordance with the Joint Complaint Procedures (29 CFR ) promulgated by DOJ and EEOC Complaints are deemed filed with EEOC as of the date received by the sister Federal agency Absent special circumstances, each agency will refer employment complaints alleging violations of Title IX to EEOC for investigation in the same manner as Title VII complaints

10 Factors and Trends Affecting EEO Practice Economy State, National, Global Unemployment rate (9.1% U.S. and 10.4% in NC) Tax revenues and funding sources Competition and mobility within occupational groups Regulatory Environment Increased funding for and emphasis on enforcement Focus on employment-related civil rights issues Dramatic increase in EEOC charges, especially for retaliation Veterans More than 22 million in 2008, 1.7 million from Iraq and Afghanistan More veterans completing school and finding work NC home to 8 military bases and more than 100,000 service members and nearly 800,000 veterans Workforce changes Age Disability status Immigration and citizenship status Demand for education Educational costs Funding Employee and student characteristics 10

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