AFFIRMATIVE ACTION
PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
FOR THE TENNESSEE BOARD OF REGENTS
1415 Murfreesboro Road, Suite 350
Nashville, TN 37217
CHIEF EXECUTIVE OFFICER
EEO COORDINATOR
CHANCELLOR CHARLES W. MANNING
DEBBIE G. JOHNSON
ASST. VICE CHANCELLOR FOR HUMAN RESOURCE DEVELOPMENT
Table of Contents
Volume A
Section I. Affirmative Action
Plan for Equal Employment Opportunity
A. Introduction
B. Statement of Policy
C. Dissemination of Equal Opportunity Policy Statement
D. Responsibility for Implementation
E. Support of Action Programs
Section II. Affirmative Action Plan for Disabled & Vietnam Era Veterans
A. Statement of Policy
B. Dissemination of Policy
C. Responsibility for Implementation
D. Summary of Action Steps
Section III. Policy Statements
A. Introduction
B. Statement of Policy
C. Assignment of Responsibility
D. Identification of Problem Areas & Corrective Action
Section IV. Internal Audit and Reporting System
A. Introduction
B. Description of Personnel Policies and Procedures
C. TBR Affirmative Action Report
Section V. Executive Summary
Staff Information
Volume B
A. Tennessee Board of Regents Organizational Chart
B. Workforce Analysis
C. Job Group Analysis
D. Availability Analysis
E. Goals and Summary Forms
Section I
Affirmative Action Plan for Equal Employment Opportunity - Introduction
A. This report contains the revised Affirmative Action Plan for the TBR Central Office effective November 1, 2000. The modifications and revisions which are detailed here are consistent with the Tennessee Board of Regents policies and guidelines and applicable Federal and State laws.
The Tennessee Board of Regents has a commitment to enhance human rights and equality in education and employment. This commitment to the ideals of equal rights, equality, opportunity and affirmative action has been codified in an affirmative action posture statement.
The revised policy is judged to be in conformity with the regulations of OFCCP & DOL.
Workforce Analysis
The method used in preparing this component of AAP follows guidelines set forth by federal agencies. The method is presented below, and the actual workforce analysis arrays are displayed in detail in Volume B. The workforce analysis consists of a list of each occupational title and occupational code within EEO category, within division, and within job family.
Volume B contains the workforce
analysis by occupational title and occupational code ranked from the lowest to
the highest paid position employee within EEO category, within department, and
within job family.
Utilization Analysis
The utilization analysis consists of
two (2) major components: the job group process and the availability assessment
associated with each job group. Information pertinent to the availability
analysis, workforce utilization, and goals and timetables, are presented in
Volume B.
Job Grouping
All existing job group classifications
were reviewed to ensure conformity with the requirements set forth in 41CFR
60-2.11 (B) (as amended). Few, if any, formal or informal lines of progression
exist at the Central Office. Existing classifications were grouped based on the
following criteria:
Wage rates
Opportunities
Similar utilization patterns
EEO-6 categories
Level of responsibility
Availability Assessment
To utilize the job groupings prepared
in accordance with the above format, availability data were collected using as
guidelines the "8 point factor computation method" specified in
CFR60-2.11 (b). Availability statistics were collected from appropriate
recruitment sources (local, state and national figures, higher education
statistics, etc. using 1990 Census data where available) for classifications in
each job grouping for clerical and support, professional non-faculty and
administrative positions. In all cases, availability statistics were chosen
which most closely matched the nature of the jobs under consideration. The
factor relating to the "existence of training institutions capable of
training persons in the requisite skills" (#8) was considered only to the
extent that the requisite skills were attainable within training programs,
factor #9 and factors 1 - 3 were not deemed applicable for the very highly
technical and skilled jobs. Factors 4 & 5 were used mostly in weighing
professional and administrative groups.
Goals and Timetables
The percentages derived from the above
availability assessment were compared to the workforce utilization analysis
statistics to determine where under-utilization existed for specific job groups.
Where such under-utilization was present, goals and timetables have been
established based upon the estimated annual rate of turnover for job groups
within each EEO-6 category. Anticipated vacancy rates used to compute the goals
and timetables were determined on a departmental basis due to their unique
characteristics and the effect of budget allocations within each division.
Job groups which require the setting of
goals and timetables will be designated as "problem areas" and will
receive special attention during the forthcoming year. The Office will make
every effort to ensure that departments having titles within job groups that are
under-utilized in terms of female and/or minority employee representation act
aggressively in pursuing the employment of such persons so as to eventually
eliminate the under-utilization. Additionally, departments having met goals will
make every effort to maintain that status.
Assessment of Progress with Respect
to Meeting Prior Goals and Timetables
The most important part of any
affirmative action program and plan is the actual progress which the
organization makes in achieving its previously established goals and timetable.
In Volume B, the chart reflects net changes in the ultimate goals for the EEO-6
categories. As can be seen from the analysis, considerable progress has been
made in meeting established goals and timetables from some EEO-6 categories
during a period of severe budgeting problems. Nevertheless, the Office will
continue to pursue an aggressive affirmative action posture until all
established goals and timetables have been eliminated.
Wage and Salary Administration
In the area of position evaluation and
classification, new positions are established and existing positions are
reclassified based on position descriptions and/or questionnaires completed by
the departments concerned. These descriptions or questionnaires are submitted by
the departments through their administrative channels to the Office of Human
Resources. The Office of Human Resources will evaluate the position based on
information derived from both position description and through on-site audits
when necessary. The Office of Human Resources shall prepare and submit
recommendations concerning the position descriptions, evaluations, and pay and
forward them to the appropriate Vice Chancellor/General Counsel for review and
finally to the Chancellor for action.
Salary ranges have been established
with minimum and maximum pay levels. The compensation system takes into account
market place conditions which may significantly affect the salary range of any
classified position. The "going rate" for all positions is constantly
monitored through recruitment activities and salary survey data.
The salaries of employees are monitored
and periodic reviews are made with respect to compliance with the Equal Pay Act.
Future Plans
One of the major challenges to the
Tennessee Board of Regents in the future will be its ability to generate the
resources and commitment needed to make institutions of higher education more
responsive to the needs and rights of minorities, females, persons with
disabilities, and Vietnam Era Veterans, among others. The task of providing
equal representation in employment and education is a difficult undertaking, yet
it is a problem which has been recognized by thoughtful people everywhere. The
fact remains, however, that as long as the number of protected class applicants
is proportionately less than market demands for their talents, the possibility
for significantly altering patterns of representation in workforces will be
minimal. Despite these obvious difficulties, the Tennessee Board of Regents will
continue to promote policies and actions which are directed toward enlarging the
pool of candidates from protected classes and to increase their representation
in all levels of the organizational structure. Careful monitoring of advertising
plans and acceptable applicant pools will be observed. As directed by the
policy/guideline, direct contact will be made with Blacks, females and other
minorities for vacancies which show under-utilization. Additionally, the Central
Office will follow rules, regulations, and goals as set out in the Geier
consent decree of Dec'00.
B. Statement of Policy
It is the policy and intent of the TBR
Central Office to provide equal opportunity in employment to all persons. The
TBR emphasizes its commitment to equal opportunities for all individuals and
provides a program of affirmative action to ensure equal employment opportunity.
The policy applies to all phases of the personnel process, including
recruitment, hiring, placement, promotion, demotion, transfer, training,
compensation, all other employment terms, conditions and benefits, discipline
and separation; and the policy applies to the use of all its facilities.
To implement the declaration of policy
herein, the office insures that all applicants for employment and all staff are
aware of the location of the Central Office Affirmative Action policy. The
policy is widely disseminated inside and outside the office. Further, the
Central Office will consider, through a designated grievance procedure, the
complaints of any person who feels that he/she has been discriminated against on
the basis of race, color, sex, religion, national origin, age, handicap or
veteran status.
Responsibility for implementation and
compliance of this policy has been delegated to Debbie Johnson, Affirmative
Action Compliance Officer.
A copy of the Affirmative Action
program, including specific responsibilities and provisions for implementation
and compliance, will be made available to any employee who requests it.
C. Dissemination of Equal
Opportunity Policy Statement
The internal and external policy
dissemination program has been designed for the following reasons:
1. To foster better communication of
the non-discrimination/affirmative action policies to the Tennessee Board of
Regents' employees;
2. To create a forum for the discussion
of these policies.
3. To establish better communication
with local agencies and associations concerned with human rights; and
4. To create a level of awareness and
concern which will enable the Tennessee Board of Regents to have a more
diversified workforce.
Internal Dissemination
1. The policy will be included in the
future edition of the Central Office's Procedures Manual.
2. Training sessions to communicate
legal requirements will be conducted with executive, management, and supervisory
personnel to explain the extent of the policy and individual responsibility for
effective implementation, emphasizing the chief executive officer's commitment.
Valuing diversity training sessions will be conducted with all employees to
discuss policy and explain individual employee responsibilities and increase
level of awareness.
3. The policy will be discussed in new
employee orientation.
4. The equal opportunity policy will be
posted in highly visible areas.
5. The existence of the affirmative
action programs will be communicated to all employees and employees will be
encouraged to avail themselves of its benefits.
6. A copy of the Affirmative Action
Plan will be distributed to all Vice Chancellors/General Counsel at the Central
Office and placed in the office of the Assistant Vice Chancellor for Human
Resources for review by all employees and interested persons. These
communication procedures will be evaluated periodically to determine their
adequacy in disseminating information about the equal employment opportunity
policy and in encouraging active support for the policy.
7. Special lists of minority and female
organizations are maintained and will continue to be reviewed annually for their
effectiveness as recruitment sources.
8. Employment applications will
continued to be reviewed periodically to determine compliance with the latest
state and federal EEO/AAP regulations to ensure that each applicant is provided
the maximum opportunity to display his or her job-related qualifications.
External Dissemination
1. All recruiting sources will be
informed verbally and in writing of the Tennessee Board of Regents' equal
opportunity/affirmative action policy and that women, minority, and disabled
applicants are encouraged to apply for all vacant positions.
2. The equal opportunity clause will be incorporated in all purchase orders, leases, and contracts.
3. Prospective
employees will be informed of the policy by the job announcement where the
notation EEO/AA will continue to be included.
D. Responsibility for Implementation
As reflected in the equal opportunity
statement made by the Chancellor, the Tennessee Board of Regents is committed to
realistic implementation of its Affirmative Action Plan and programs.
Responsibility for coordination and
implementation of the Central Office Affirmative Action policies and procedures
rests with the Affirmative Action Officer. The name, address, and phone number
of the Affirmative Action Officer is circulated on all internal and external
communications regarding the Tennessee Board of Regents equal opportunity
programs. The Affirmative Action Officer is available to assist all levels of
management as they are involved in the implementation process. The Officer also
advises employees who have questions or problems relating to the equal
opportunity/affirmative action program. Ms. Debbie Johnson, the Affirmative
Action Officer, has responsibilities which include, but are not limited to, the
following:
1. Develops and recommends policy
statements, affirmative action, and valuing diversity training programs and
internal communication techniques.
2. Assists in the identification of
problem areas and establishment of goals and objectives.
3. Assists in finding solutions to
concerns in the equal opportunity area.
4. Along with the Office of
Research/Assessment, designs and implements audit and reporting systems that
will:
(a) Measure the effectiveness of the
Central Office and System Tennessee Board of Regents' programs,
(b) Indicate the need for remedial
action, and
(c) Determine the degree to which the
Tennessee Board of Regents' Central Office and System goals and objectives have
been attained.
5. Serves as liaison between the
Tennessee Board of Regents and enforcement agencies.
6. Serves as liaison between the
Tennessee Board of Regents and minority and women's organizations and community
action groups concerned with employment opportunities for women, minorities and
persons with disabilities.
7. Keeps management informed of the
latest developments in the equal opportunity area.
8. Conducts periodic audits of hiring,
promotion, termination and transfer patterns to remove impediments to the
attainment of goals and objectives.
9. Participates in programs and
activities sponsored by local minority, women's and disabled person's
organizations.
10. Provides leadership in the
implementation of affirmative action, such as:
Supervisors will be informed that their
work performance is being evaluated on the basis of their affirmative action
equal opportunity efforts and results, as well as other criteria;
11. Conducts regular meetings with
Affirmative Action Officers in the System.
12. Ensures that career counseling for
educational assistance programs is available for employees.
13. Conducts periodic audits to ensure
that the Tennessee Board of Regents' facilities are in compliance with the
following policies and procedures:
(a) EEO posters and the equal
opportunity policy are properly displayed,
(b) All facilities which the Tennessee
Board of Regents maintained for the use and benefit of its employees are in fact
desegregated in policy and use and are accessible to persons with disabilities;
and,
(c) Minority and female employees are
afforded a full opportunity and are encouraged to participate in all Tennessee
Board of Regents sponsored educational, training, recreational and social
activities.
14. Reports the status of the
affirmative action program to the Chancellor on an annual basis. Conducts the
necessary availability and utilization analyses.
15. Adheres to the policy and intent of
the Affirmative Action Plan by promoting progress toward the goals and
objectives of the Plan, ensuring that appropriate steps are taken throughout
their respective departments and holding supervisory staff and employees
accountable for promoting equal employment opportunities in the workplace. Each
line manager should periodically review position descriptions to ensure that
they adequately reflect the job being performed.
16. Reviews vacancies and new positions
with the institutional officers and gives assistance as needed to ensure
compliance.
17. Career counseling for employees.
18. Review of the qualifications of all
employees to ensure that minorities and women are given full opportunities for
transfer and promotion.
The Affirmative Action Officer monitors
the results of action by making known the Officer's desire and commitment to
employ members of minority groups and women through regular and frequent
contacts with employment agencies, schools and other agencies, and through
identifying, to the extent possible, persons with requisite skills and talents
for projected openings within job categories throughout the Office.
Vice Chancellors and the General
Counsel have the following responsibilities:
1. Assistance in the identification of
problem areas and establishment of goals and objectives.
2. Periodic audit of hiring and
promotion patterns to remove impediments to the attainment of goals and
objectives.
3. Active involvement with local
minority organizations, community action groups and community service programs.
4. Regular discussions with managers,
supervisors, and employees to be certain the affirmative action policy is being
followed.
5. Supervisors should be made to
understand that their work performance is being evaluated on the basis of their
equal employment opportunity efforts and results, as well as other criteria.
6. It shall be a responsibility of
supervisors to take actions to prevent harassment of employees place through
affirmative action efforts. The attached Progress Analysis and Projected
Activities Chart includes reference to each of the items contained in Section
60-2.21, Revised Order 4.
7. Review of the qualifications of all employees to ensure that minorities and women are given full opportunities for transfer training promotions.
|
AFFIRMATIVE ACTION PROGRESS ANALYSIS AND PROJECTED ACTIVITIES 2000-01 Dissemination of Policy Phase |
|
|
ACTION |
RESPONSIBLE FOR MONITORING |
| Reaffirmation of policy statement to be included in future editions of Policy Manuals. | Affirmative Action Officer |
| Supervisory meetings on Affirmative Action Policy and valuing diversity. | Affirmative Action Officer, Vice Chancellors, General Counsel |
| Revised affirmative action policy will be explained to all management personnel. | Affirmative Action Officer and Vice Chancellors, General Counsel |
| Employees of Tennessee Board of Regents (other than supervisory) will be informed regarding the Affirmative Action Program as revised. | Affirmative Action Officer and Vice Chancellors, General Counsel |
| Inclusion of equal opportunity policy in orientation sessions for staff. | Affirmative Action Officer and Department of Human Resources |
| Minorities and women featured in publications of the Tennessee Board of Regents | Affirmative Action Officer and Vice Chancellors |
| The Employees of the Tennessee Board of Regents have received copies of the Affirmative Action Policy Statement and copies of progress reports have been made available to interested employees. | Affirmative Action Officer and Department of Human Resources |
| Recruiting sources informed verbally and in writing of the Tennessee Board of Regents' policy of non-discrimination and affirmative action. | Affirmative Action Officer and Department of Human Resources |
| Equal opportunity clause is incorporated in contractors purchase orders. | Affirmative Action Officer and Vice Chancellor for Business and Finance |
| Minority and female organizations utilized in recruitment are notified in writing of policy. | Affirmative Action Officer, Department of Human Resources and Department Supervisors |
| Communication of policy on non-discrimination and Affirmative Action Program to prospective employees. | Affirmative Action Officer and Department of Human Resources |
| Application forms, Posters, Visitation to Area Schools, State Employment Office, where minorities and females usually apply for employment. | Affirmative Action Officer, Department of Human Resources, Vice Chancellors, General Counsel |
| Minorities and females are featured in news stories and articles published about employee promotions and other activities. | Affirmative Action Officer, Assistant to Chancellor |
| Written notification on purchase orders, bids, contract terms and conditions is given to all subcontractors, vendors and suppliers regarding Affirmative Action Policy. This transmittal of agreement is mandatory for all vendors and suppliers and is requesting appropriate action on their part to comply. | Affirmative Action Officer, Vice Chancellor for Business and Finance |
| Appointment of Equal Opportunity/Affirmative Action Officers | Chancellor |
| The responsibilities and duties of the Affirmative Action Officer has been described and includes those items contained in Section 6-2.22, Paragraphs (s) Revised Order 4. | Chancellor |
| Responsibilities of all levels of management are shown in the Affirmative Action Plan. | Chancellor |
| Senior Staff assists in identifying problem areas and the development of goals and objectives. | Chancellor and Affirmative Action Officer |
| Managers throughout the Tennessee Board of Regents are active in minority and female community programs. | Affirmative Action Officer, Managers at all levels |
| Audits of educational assistance, training, hiring, promotions, terminations and transfers are conducted annually. | Affirmative Action Officer |
| Managers at all levels receive orientation about the equal opportunity policy to ensure that the plan is being followed. | Affirmative Action Officer, Department of Human Resources and Senior Staff |
| Career counseling is offered to all employees desirous of being informed of career opportunities at the Tennessee Board of Regents. In addition, supervisors are advised of educational assistance programs available for employees and asked to encourage attendance by employees. | Affirmative Action Officer, Department of Human Resources, Supervisors and Vice Chancellors |
| Periodic Audits are conducted to ensure that posters are displayed, facilities are desegregated, minorities and female employees get a full opportunity in education training and other activities. | Affirmative Action Officer |
E. Support of Action Programs
Members of the Tennessee Board of Regents Central Office and institutions have
been appointed to serve on community relations boards and similar organizations,
and Tennessee Board of Regents supports programs developed by the National
Alliance of Business and other organizations concerned with employment
opportunities for minorities and women.
The Tennessee Board of Regents supports
vocational guidance and training programs and assists secondary schools and
colleges in programs designed to enable its female and minority graduates to
compete in the open employment market on a more equitable basis, as well as
providing a curriculum which assists its graduates in doing so.
IV. Action Oriented Programs
The following "action oriented
programs" have been designed to assist in disseminating the Tennessee Board
of Regents' equal employment/affirmative action policies and goals.
1. WHAT: Provide support for
institutional educational assistance to allow employees to participate in
classes and training courses helpful for job performance and advancement and to
compete more equitably in the marketplace.
WHO: General Counsel and Central Office
Affirmative Action Officer.
WHEN: Every fall
2. WHAT: Maintain and update a list of community and group organizations for distribution of employment information to other protected groups.
Prepare human resources recruiting segment on TBR home page.
a. Urban League
b. Job Services
c. State Employment Security (AA Job Orders)
d. Rehabilitation Centers
e. Retired Veterans
f. Home page, TBR
WHO: Affirmative Action Officer
WHEN: December 1989, ongoing
3. WHAT: Develop new TBR Central Office
application forms and recruitment and selection internal personnel procedures
and campus review of application forms.
WHO: Affirmative Action Officer
WHEN: November 1989, ongoing
4. WHAT: Prepare Affirmative Action
reporting calendar for institutions and Central Office.
WHO: Office of Research and Assessment
WHEN: each fall
5. WHAT: Meet quarterly, or as needed,
with System Affirmative Action Officers to discuss affirmative action/EEO
issues.
WHO: Assistant Vice Chancellor for
Human Resource Development
WHEN: Quarterly
6. WHAT: Promote harmonious employee
relations by providing valuing diversity training regarding personnel policies
and fair employment to supervisory employees and staff, increasing employee
awareness and acceptance of race/cultural/sex/disability differences among
employees, and the prohibition of unlawful harassment of employees in the
workplace.
WHO: Affirmative Action Officer and
General Counsel
WHEN: annually
7. WHAT: Review and recommend revision
of campus application forms for students and employees to ensure non-job-related
items are eliminated.
WHO: General Counsel
WHEN: November 1990, on-going
8. WHAT: Periodically inspect EEO
information posters.
WHO: Affirmative Action Officer
WHEN: Quarterly
9. WHAT: Revise and update job
descriptions for all employees.
WHO: Assistant Vice Chancellor for
Human Resource Development
WHEN: October 1990, on-going
10. WHAT: Use exit interview
information and obtain documentation for all terminations to determine if trends
of discrimination exist.
WHO: Assistant Vice Chancellor for
Human Resource Development
WHEN: Ongoing
11. WHAT: A better mechanism for
processing of grievances "in-house," publicizing and disseminating the
Board's EEO/AA plan to all employees, will be designed. Also, the General
Counsel will coordinate with the Vice Chancellors to document the board's
support for local and national programs which seek to promote equality of
opportunity for women and minorities.
WHO: Assistant Vice Chancellor for
Human Resource Development and General Counsel
WHEN: November 1989, ongoing
12. Development of Systemwide training
and activities are encouraged for all System and Central Office Affirmative
Action personnel. This year, a Title VI training seminar was conducted.
AFFIRMATIVE ACTION PLAN
For Employment of Disabled Persons,
Disabled Veterans and Vietnam Veterans
Tennessee Board of Regents
Volume A
Section II
Section II.
Affirmative Action Plan for Disabled
and Vietnam Era Veterans
A. Statement of Policy
The Tennessee Board of Regents
reaffirms its commitment to equal opportunity for disabled applicants and
employees, and disabled veterans and Vietnam Era veterans without regard to
physical or mental disability or status as a veteran with respect to persons
with disabilities as defined herein, the Board is committed to focusing on
ability rather than disability. Reasonable accommodations will be made to
effectuate this commitment and fulfill our responsibilities as a federal
contractor. The extent of reasonable accommodation will be determined by
consideration of efficient operation of the organization and feasible financial
costs, as well as the needs of a handicapped employee or prospective employee.
Steps will be taken to assure that this policy is followed and applied in all
employment practices, including:
Recruitment, hiring, placement,
promotion, demotion, transfer, training, compensation and all other employment
terms, conditions and benefits, discipline and separation, and the policy
applies to the use of all facilities.
This policy will insure implementation
of, and is consistent with, the requirements set forth in federal and state
regulations.
The goals and objectives of the Board's
Affirmative Action program for persons with disabilities, disabled veterans and
Vietnam Era veterans are: (1) to affirm the Board's commitment to the principles
of equal employment opportunity; (2) to establish and implement a plan of action
to insure that the principles of equal employment opportunity are applied in
employment, training, promotion, and compensation programs; (3) to complete a
review and analysis of physical or mental job qualifications to ensure they are
job related and do not discriminate against persons with disabilities, disabled
veterans or veterans of the Vietnam Era; (4) to review current personnel
policies, practices and procedures to determine whether present procedures
assure consideration of qualified persons with disabilities, disabled veterans
and Vietnam Era veterans; (5) to adopt new or revised policies and procedures
where necessary to assure equality of opportunity; and (6) to design and
implement an audit and reporting system that effectively evaluates the program.
To achieve the objectives outlined
above, it will be necessary to enlist the assistance and support of executive,
managerial and supervisory personnel, particularly those involved in
recruitment, screening, selection, promotion and related processes. The support
and participation of current employees who have disabilities or are veterans of
the Vietnam Era will be solicited and they will be encouraged to voluntarily
identify themselves, if they have not already done so, to benefit from the
program.
For purpose of participation in the
Affirmative Action Program, "a person with disabilities" is defined as
any person who (1) has a physical or mental impairment which substantially
limits one or more of their major life activities, (2) has a record of such
impairment, or (3) is regarded as having such an impairment. A handicapped
individual is "substantially limited" if he/she is likely to
experience difficulty in securing, retaining, or advancing in employment because
of a disability. A "qualified person with disabilities" meets the
criterion outlined above and is capable of performing a particular job with
reasonable accommodation to his/her handicap. A "disabled veteran" is
a person who has 30% or higher disability rating and is entitled to disability
compensation under the laws administered by the Veterans Administration, or was
released from service for a disability incurred in the line of duty. A
"qualified disabled veteran" is one qualified to perform a particular
job with reasonable accommodation to his/her disability. A "veteran of the
Vietnam Era" is one who has served on active duty more than 180 days, some
of which was performed during the period between August 5, 1964 and May 7, 1975,
and received other than a dishonorable discharge. An individual released from
duty after May 7, 1975 because of a service connected disability which occurred
before that date would also qualify.
Employees identifying themselves for
coverage under the program will be invited to describe (1) any special methods,
skills and procedures which qualify them for positions, the duties of which they
might not otherwise be able to perform because of their disability, and (2) the
accommodations which the Board could make which would enable them to perform the
job properly and safely, including special equipment, changes in the physical
layout of the job or elimination of certain duties relating to relating to the
job.
Information obtained through
identification procedures through contact with providers or support services
shall be kept confidential except that (1) occupational health personnel will be
informed if the condition may require emergency treatment, and (2) supervisors
may be informed regarding restrictions as to the work assignments or duties of
disabled individuals, and (3) government officials investigating compliance with
the Rehabilitation Act, the Americans with Disabilities Act or the Vietnam Era
Veteran's Readjustment Act may be informed. Further, the office will consider,
through designated grievance procedures, the complaint of any person who feels
that he/she has been discriminated against or the basis of a disability or
veteran status. Responsibility for implementation and compliance of the policy
has been delegated to the System Office's Affirmative Action Officer, Ms. Debbie
G. Johnson.
A copy of the Affirmative Action
Program including specific responsibilities and premises for implementation will
be made available to any employee who makes a request.
B. Policy Dissemination
1. Include the policy in all future
editions of procedures manuals.
2. Schedule departmental meeting, as
needed, to which all employees are invited, to discuss the policy and explain
individual employee responsibilities.
3. Discuss the policy thoroughly in
employee orientation and training programs.
4. Include articles on accomplishments
of workers with disabilities in all publications. Participate in programs with
local high school students.
5. Post the policy on bulletin boards.
The policy for equal opportunity will
be disseminated outside the System Office in the following manner:
1. The policy will be publicized to
recruiting sources including the State Employment Agency, State and Vocational
Rehabilitation Agencies, the local Veterans Service Center, which are sources of
locating qualified individuals with disabilities and veterans.
2. The Office will establish meaningful
contact with Social Service Agencies and organizations of and for individuals
with disabilities, disabled veterans, and Vietnam Era Veterans for the purpose
of receiving advice, technical assistance and referral of potential employees.
3. Subcontractors and suppliers will be
notified of the System Office's policy.
C. Responsibility for Implementation
In accordance with 41 C.F.R.
60-250.6(h) and 60-741.6(h), Ms. Debbie G. Johnson, has been assigned the
responsibility for monitoring the System's equal opportunity and affirmative
action programs. Ms. Johnson is responsible for the following activities:
Develop policy statements, affirmative
action programs, and internal and external dissemination techniques.
Identify problem areas in conjunction
with management and known employees with disabilities or Vietnam Era veteran
employees in the implementation of the program and development of solutions.
Design and implement monitoring and
reporting systems to measure the effectiveness of the program and to indicate
need for remedial action.
Serve as liaison between the Board and
enforcement agencies.
Serve as a liaison between the Board
and organizations of persons with disabilities, and disabled and Vietnam Era
veterans and arrange for active involvement of Board representatives in
community service programs, local organizations and referral agencies.
Keep management informed of
developments in the affirmative action area.
Provide career counseling program for employees with disabilities, and Vietnam
Era veteran employees as requested.
Review job descriptions to ensure that
any mental or physical qualifications that are required by the job are
consistent with business necessity and job performance. Evaluate the total
selection process to ensure freedom from stereotyping protected groups in ways
that deny them access to employment.
Receive complaints of discrimination
and implement appropriate grievance procedures.
D. Summary Action Steps
|
ACTION |
RESPONSIBLE FOR MONITORING |
| Identification of employees with disabilities and veterans. | Affirmative Action Officer, Human Resources |
| Invitation mailed out to all employees to self report disabling conditions. | Affirmative Action Office |
| Application forms contains space for military service dates. | Affirmative Action, Human Resources |
| Review of personnel practices reveals that there are no barriers to proper consideration of qualifications of persons with disabilities and veterans. See below for affirmative action steps designed to assure equal opportunity for these groups. | Affirmative Action, Human Resources |
| Reviewing mental and physical job requirements to ensure that requirements are listed on requisitions for each vacancy that occurs. Requisitions will be reviewed, any regulation containing a physical requirement which does not appear to be job-related will be returned to department for notification or revision. | Affirmative Action Office, Human Resources |
| Assure reasonable accommodations for limitations of workers with disabilities by making certain that all supervisors are advised of responsibility to make reasonable accommodations for limitations. | Affirmative Action, Human Resources, Vice Chancellors, and Supervisors |
| Recruit applicants through the Tennessee Rehabilitation Service and contract with Glencliff Disabled Students. | Human Resources |
| Review recommendations from supervisors and review Analysis of Strengths and Weaknesses to ensure that reason for failure to hire or promote applicants with disabilities are valid in light of job requirements. | Affirmative Action Office |
| Monitor referrals, new hires, and promotions to measure effectiveness of Affirmative Action Program. | Affirmative Action Officer, Human Resources |
| Post all suitable employment openings with the State Employment Office. | Human Resources |
Section III
Policy Statements
Equal Employment Opportunity,
Affirmative Action and Discrimination
A. INTRODUCTION
It is the intent of the Tennessee Board
of Regents Central Office to fully comply with Executive Order 11246, as
amended, the Rehabilitation Act of 1973, as amended, and the Vietnam Era
Veterans Readjustment Act of 1974, as amended, and all regulations implementing
those laws and orders, for the promotion and ensuring of equal opportunity for
all persons without regard to race, color, religion, sex, national origin, age,
handicap status or status as a qualified disabled veteran or veteran of the
Vietnam era. It is the intent of the Central Office to be free of harassment on
the basis of sex, race, color, religion, or national origin, age or any other
protected status. It is the intent of the Central Office to fully comply with
Titles VI and VII of the Civil Rights Act of 1964, as amended, and the CRA of
1991, Title IX of the Education Amendments of 1972, as amended, the Equal Pay
Act of 1963, as amended, the Age Discrimination in Employment Act of 1967, the
Age Discrimination Act of 1975, and the Pregnancy Discrimination Act and the
American with Disabilities Act of 1990, applicable state statutes and all
regulations promulgated pursuant thereto.
B. STATEMENT OF POLICY
It is and has been the policy of the
Tennessee Board of Regents Central Office to maintain the workplace for staff
members free of sexual harassment and harassment on the basis of race, color,
religion, national origin, age, or other protected status. Harassment is a form
of discrimination, and harassment in the workplace or the educational
environment is unacceptable conduct and will not be condoned.
The Tennessee Board of Regents
reaffirms the policy that it will not discriminate against any employee or
applicant for employment because of race, color, national origin, religion, age,
sex, (except where sex is a bona fide occupational qualification), handicap,
where the person is a qualified handicapped person, or because of their status
as qualified disabled veteran or veteran of the Vietnam era. The office will
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to race, color, national
origin, religion, age, sex, except where sex is a bona fide occupational
qualification, handicap, where the person is a qualified handicapped person, or
because of their status as a disabled veteran or veteran of the Vietnam era.
Such action shall include, but not be limited to, actions to:
1. Recruit, hire, train, and promote
persons in all job titles, without regard to any of the foregoing prohibited
factors;
2. Base decisions on employment so as to further the principle of equal employment opportunity;
3. Ensure that promotion decisions are
in accord with principles of equal employment opportunity by imposing only valid
requirements for promotional opportunities; and
4. Ensure that all personnel actions
such as compensation, benefits, transfers, layoffs, return from layoff, and
institution sponsored training, education, tuition assistance, and social and
recreation programs, will be administered without regard to any of the foregoing
prohibited factors.
C. ASSIGNMENT OF RESPONSIBILITY
1. The Chancellor of the Tennessee
Board of Regents shall be responsible for the development and implementation of
the System Office's Equal Employment Opportunity and Affirmative Action Program.
He shall ensure that the equal employment opportunity and affirmative action
program plans are prepared, and that these plans are effectively administered
within the time frame established. In exercising this responsibility, the
Chancellor shall provide positive leadership in the implementation of an
affirmative action program, and ensure that appropriate attention is devoted to
the program in his staff meetings. This will include informing all management
officials and supervisors that their performance evaluation will be partially
determined by the effectiveness of their participation in the equal employment
opportunity program as written.
2. The Equal Opportunity/Affirmative
Action Officer shall be responsible for promotion and assuring compliance with
the State University and Community College System of Tennessee Equal Employment
Opportunity and Affirmative Action Program policy, receiving and investigating
complaints, reviewing the effectiveness of the program and recommending
improvements to the Chancellor. The Affirmative Action Officer, in coordination
with other System Office supervisory and staff personnel, shall also collect and
analyze employment data, identify problem areas, set goals, timetables and
develop programs for achieving goals.
3. Insure that affirmative action plans
are developed and implemented as a means of aggressively pursuing the principles
of equal employment opportunity.
4. Develop affirmative action goals and
timetables directed toward correcting situations contributing to the
underutilization or inequitable treatment of minority or female employees.
5. Provide positive leadership in the
implementation of the affirmative action program . This should include informing
all management officials and supervisors that their performance evaluation will
be partially determined by the effectiveness of their participation in the equal
employment opportunity program.
6. Assure policies and procedures are
instituted to deal with all forms of harassment, including receiving and
investigating complaints and recommending necessary action to the Chancellor or
Vice Chancellor of Administration.
7. The Assistant Vice Chancellor of
Human Resources shall be responsible for assisting in the implementation and
maintenance of the Affirmative Action Program.
8. The Assistant Vice Chancellor for
Research shall assist in program implementation and maintenance by providing
statistical and data processing support when requested.
9. All administrators and other
supervisory employees shall ensure that equal employment opportunity is afforded
in their department without regard to race, color, religion, sex, age,
disability or national origin. They shall also assist in the development of
goals and timetables related to the employment process for minorities and
females in their respective areas of responsibility.
D. NEPOTISM POLICY
Pursuant to Chapter 789 of the
Tennessee Public Acts of 1980, the following shall be the nepotism policy for
the Tennessee Board of Regents System:
(a) Effective July 1, 1980, employees
of an institution/school/Central Office who are relatives shall not be placed
within the same direct line of supervision whereby one relative is responsible
for supervising the job performance or work activities of another relative;
provided, however, that to the extent possible, this policy shall not be
construed to prohibit two or more such relatives from working for the same
institution/school or Central Office. For the purposes of this policy, a
"relative" means a parent, parent-in-law, child, spouse, brother,
foster brother, sister, foster sister, grandparent, grandchild, son-in-law,
brother-in-law, daughter-in-law, sister-in-law, or other family member who
resides in the same household.
(b) When employees of an
institution/school/Central Office become in violation of subsection (a) as a
result of marriage, the violation shall be resolved by means of transfer within
the institution/school or Central Office, transfer to another institution or
school, or resignation as may be necessary to remove the violation. If transfer
alternatives are available, the employees shall be given the opportunity to
select among the available alternatives; provided that if the employees are
unable to agree upon any such alternative within sixty days, the appointing
authority shall take appropriate action to remove the violation.
(c) In the case of employment
relationships which would other wise violate subsection (a) but which were in
effect prior to July 1, 1980, the employment of the employees shall not be
affected by this policy, provided that the institution/school or Central Office
takes appropriate action to insure that employees neither initiate nor
participate in institutional/school or Central Office decisions involving a
direct benefit (retention, promotion, salary, leave, etc.) to a relative.
(d) Each institution/school/Central
Office shall apply the foregoing in a nondiscriminating manner, and shall insure
that the implementation of this policy does not adversely affect employees of
one sex over those of the opposite sex.
HARASSMENT ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN
OR OTHER PROTECTED STATUS
It is the policy of the Tennessee Board of Regents System that pursuant to state and federal law, no institution, area school, or Central Office shall condone any harassment of employees, applicants for employment, or students based on race, color, religion, national origin, or any protected status. Each institution, area school, and the Central Office shall affirmatively address all allegations of harassment pursuant to Tennessee Board of Regents Guideline
P-080.
Any complaints of harassment based on
race, color, religion, national origin, or other protected status shall be made
to the Central Office affirmative action officer who shall investigate all
complaints for the Central Office.
Guideline P-080 must be followed in any
harassment claim. The Central Office shall initiate efforts to educate personnel
and students on the issues of discriminatory harassment.
D. IDENTIFICATION OF PROBLEM AREAS
AND CORRECTIVE ACTIONS
The identification of problem areas and
corrective actions is essential to an affirmative action plan and program
requirements of short or long term. The following items have been identified as
possible problem areas.
Action Item(s)
1. An underutilization of minorities
and women in specific job groups and departments. The Vice Chancellors and
General Counsel will be made aware of areas of underutilization. Special efforts
to recruit and employ women and minority groups will be emphasized in all
employment practices. In departments which show underutilization for women or
minorities the departments will be requested to describe extra efforts to
recruit and employ women and minorities. Every three months an evaluation will
be conducted by the EEO/AA Officer to ensure that the Central Office is making
progress toward goals.
2. An effort to advertise accurate
job descriptions and special conditions of the job descriptions will be made.
The Office of Human Resources will make every effort to evaluate job
descriptions and advertise these positions appropriately. Necessary approvals
will be obtained for revisions to established job descriptions. If changes need
to be made to existing job descriptions, all approvals will be obtained.
Stronger recruitment efforts will be taken for technical categories.
3. Support of Board Guidelines.
Training sessions will be conducted to ensure that all federal, Board and local
guidelines and selection procedures are being observed.
4. No formal techniques established
for evaluating effectiveness of EEO/AA program. Effective immediately,
analyses and audit procedures will be established to ensure that the EEO/AA
program is effective. Promotion, termination and selection analyses will be
conducted every six months to ensure that no one is adversely affected.
5. Training seminar announcements
should be posted and/or circulated to all employees. This will enhance
attitudinal environment in the office as it relates to women and minorities. It
will be recommended that Sexual Harassment seminars should be mandatory for all
new employees. Diversity workshop will be given during the next fiscal year.
Supervisory Management will be encouraged to attend. However, all employees can
attend.
6. Applicant pools, for areas that
show underutilization, will be scrutinized if women and minorities are not
present reflecting availability. If necessary, positions will be
readvertised.
Other actions which will be taken in
the next year.
1) A retention study will be undertaken
as part of Geier for the purpose of assessing the System's progress as it
relates to he employment, retention, training and advancement of minorities.
Additionally this survey will include reference to opportunities for growth
experience, varied task assignments, etc.
2) Hiring, promotion, selection,
application and termination adverse impact studies will be completed during the
year.
AFFIRMATIVE ACTION PLAN
Internal Audit and Reporting Systems
TENNESSEE BOARD OF REGENTS
CENTRAL OFFICE
Volume A
Section IV
A. Introduction
INTERNAL AUDIT AND REPORTING SYSTEMS
Several internal auditing procedures
are used to ensure compliance with all aspects of Equal Opportunity and
Affirmative Action. Many of these procedures are related to employment of staff;
however, terminations, promotions, transfers, placement, retention, recruitment,
testing and training (when applicable) are also monitored.
General Policies and Procedures related
to recruitment, hiring, selection and placement are governed by Central Office
procedures and Board guidelines for administrative/professional and classified
positions. Additional steps to ensure compliance under TBR Guideline Number
P-010, Personnel Transactions and Recommended Forms are observed for all
positions which fall under this guideline. The Affirmative Action Compliance
Officer reviews all recommendations for employment.
Reports submitted to outside agencies
include the IPEDS/EEO6 Report submitted to the Tennessee Higher Education
Commission, the Veteran's 100 Report submitted to the Department of Labor, the
Desegregation Monitoring Committee report, and any other requests made by
outside governing agencies.
Data are collected by the Office of
Human Resources for the following areas:
1. Applicant Flow
2. Terminations
3. New Hires
4. Promotions
5. Transfers
6. Training (when applicable)
This information will be monitored and
analyzed annually to review any adverse impact.
The following records are maintained as
part of the Affirmative Action Program:
Applicant Flow Data - Includes
information on each applicant to include name, sex, race, age, job applied for,
interview status.
New Hires - Includes data on
total hires and employment offers by name, race, sex, age and job title.
Promotions and Transfers -
Includes information on all promotions or transfers by name, race, sex, age,
date of transaction, department and job title from which and to which employee
moved.
Terminations - Includes
information on all terminations by name, race, sex, age, department and reason
for termination as reported by the Office of Human Resources' exit interviews.
Selection Procedures - Results
of typing tests are maintained by the Office of Human Resources. Those who fail
this typing test are not considered for employment.
Records pertaining to all Personnel
actions are maintained for the appropriate time limitations under the records
retention guidelines.
B. Description of Personnel Policies
and Procedures
See Central Office Procedures and TBR
Guideline P-010 and General Personnel Policy 5:01:00:00.
Volume B
A. Organizational Chart
An organizational chart for the Central
Office of the Tennessee Board of Regents is presented.
B. Workforce Analysis
The workforce analysis is a composite
of the Tennessee Board of Regents' workforce. The analysis lists all job titles
identifying salary ranges from the lowest to the highest paid and total number
of incumbents in each job title by race and sex.
C. Job Group Analysis
The job group analysis is the basis for
the availability analysis utilization and goals and timetables. The job group
analysis combines jobs requiring similar skills or having similar job content,
wage rates and promotional opportunities and level of responsibility. It lists
for each title in the job group the total number of incumbents and the total
number of male, female, and minority incumbents.
D. Availability Analysis
Availability is defined by the Office
of Federal Contract Compliance Programs (OFCCP) as the "percentage of
minorities or women among those who have the skills required by a specific job
group, or who are capable of acquiring them." The OFCCP's regulations
mandate the consideration of eight specific factors in determining availability
of minorities and women. These eight factors are listed on the charts detailing
the analysis.
To determine the availability of
minorities and females for positions with the Tennessee Board of Regents the
factors identified in CFR Section 60-2.11 of the regulations that implement
Executive Order 11,246, as amended, were used. The data for the
statistical analyses was obtained from appropriate recruitment sources (SMSA,
state and national figures, higher education statistics, 1990 Census Data, etc.)
for classifications in each job grouping. In all cases, availability statistics
were chosen which most closely reflect the nature of the jobs under
consideration. Due to the state desegregation order which increases recruitment
efforts, EEO 1 cited the national statistics for the "area surrounding the
facility" and the Tennessee data for the "immediate labor area."
In most cases, EEO 3 uses the Tennessee data as a base for reasonable recruiting
efforts. In all cases, the immediate labor area was smaller than the surrounding
recruiting area. These materials, which are not all included in the Plan, are
available for review.
Records of transfers and promotions are
maintained manually. Training programs are generally in the nature of an
"on the job training experience." For purposes of the availability
analysis, a positive or negative statement is used to indicate whether training
programs exist in the community for positions within each job group.
Detailed below is a short discussion of
the method utilized to calculate the availability for each job group:
Clerical and Support - Positions
in which workers are responsible for internal and external communication,
recording and retrieval of data and/or information or other paperwork required
in an office. Vacancies are filled through promotions, transfers, and external
hires. Applicants are recruited from the Davidson County and Nashville SMSA's.
Technical/Paraprofessional -
Positions require a combination of basic scientific or technical knowledge and
manual skills which can be obtained through specialized post-secondary education
or equivalent on the job training. Positions are filled through external hires
and internal promotions. Applicants are recruited from across the state.
Availability data for the State and local workforce was utilized to calculate
the final availability figure.
Professional Non-Faculty -
Positions which require specialized and theoretical knowledge which is usually
acquired through post-secondary education or work experience and other training
which provides comparable knowledge. These positions are typically filled after
a regional or state-wide search. Availability figures are obtained by comparing
the number and percentages of women and minorities with the requisite skills in
the State and local workforce.
Executive/Administrative/Managerial
- Positions in the group are occupied by employees which set broad policies,
exercise overall responsibility for execution of these policies, direct
departments or special phases of the Tennessee Board of Regents' operation, or
provide specialized consultation on a regional, district, or area basis.
Positions in this group are filled as a result of national or regional searches.
The availability figures were derived from analysis of the number of women and
minorities with the requisite skills in the workforce.
Comparison of Utilization
The utilization analysis is purely a
mechanical comparison of the Tennessee Board of Regents' employment of
minorities and women (identified by job groups) with the availability data. The
Office of Federal Contract Compliance Programs' regulations require a finding of
under-utilization in any job group where the number of females or minorities
actually employed is less than "what would reasonably be expected by their
availability." Goals and timetables are established to correct those areas
where women and minorities are under-utilized.
E. Goals and Timetables
Goals and timetables have been
established based upon the estimated annual rate of turnover for job groups
within each EEO category. In addition, the total number of jobs required to meet
the ultimate goal is presented as the "model" workforce. Job groups
which require the setting of goals will be designated as "problem
areas" and will receive special attention during the year. The adverse
impact analysis was performed for each department and job group. The following
criteria were examined and utilized: 1) composition of work force; 2)
composition of applicant flow; 3) recruitment and selection procedures; 4)
educational assistance programs; and 5) terminations. Goals were developed by
using 100% of availability.
The report will address three types of
goals: annual numerical, annual placement rate, and ultimate.
The record keeping system includes monitoring hires, promotions, transfers, terminations and utilization of females and minorities.