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
EEO Legal & Policy Environment
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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
Economy; Demographic Trends; Current Issues; Veterans
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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
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Sources of Policy and Regulation
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
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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 11246 (race, color, religion, sex, or national origin)
Section 503 of the Rehabilitation Act of 1973
Vietnam Era Veterans’ Readjustment Act of 1974 5
Sources of Policy and Regulation
State Sources – Examples
North Carolina Constitution
Article 6 of the State Personnel Act
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. § 128-15
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
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Sources of Policy and Regulation
University Sources - Examples
Equal Opportunity Statement, Section 103 of The Code
EPA Employment Policies (300.1.1 and 300.2.1 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 101.3.1 of the UNC Policy Manual)
Grievance procedures for faculty (Section 607 of The Code and 101.3.2 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
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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
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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 (http://www.justice.gov/crt/about/cor/coord/t9final.pdf)
Substantive standards of Title VII apply to Title IX claims
BUT the procedural standards of Title VII (filing deadlines, EEOC charges, etc.) do not
Employment discrimination complaints received by Federal agencies are generally processed in accordance with the Joint Complaint Procedures (29 CFR §§ 1691.1-1691.13) 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 9
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
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