Equal Employment Opportunity/ Affirmative Action FAQ

Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities (IWDs), and requires employers to take affirmative action to recruit, hire, promote, and retain these individuals.

Changes in the regulations strengthen the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire IWDs, and improve job opportunities for IWDs. Highlights of the changes are:

• Utilization Goal: A nationwide 7% utilization goal for qualified IWDs for each job group.
• Invitation to Self-Identify: Applicants are invited to self-identify (PDF) as an IWD at the pre-offer and post-offer stage. Current employees will be invited to self-identify as an IWD at least once every five years.
• Data Collection: Collect data on the number of IWDs who apply for jobs and are hired in order to measure the effectiveness of outreach.

Under Section 503, you are considered to have a disability if you have a physical or mental impairment or medical condition that substantially limits a major life activity, or if you have a history or record of such an impairment or medical condition.

VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans, and requires employers to take affirmative action to recruit, hire, promote, and retain these veterans.

Changes in the regulations strengthen the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire protected veterans, and improve job opportunities for protected veterans. Highlights of the changes are:

• Hiring benchmarks: Establish annual hiring benchmarks for protected veterans that are equal to the national percentage of protected veterans in the civilian labor force, or based on the Bureau of Labor Statistics (BLS) and Veterans’ Employment and Training Service/Employment and Training Administration (VETS/ETA).
• Invitation to Self-Identify: Applicants are invited to self-identify as a protected veteran at the pre-offer and post-offer (PDF) stage.
• Data Collection: Collect data on the number of protected veterans who apply for jobs and are hired in order to measure the effectiveness of outreach.

The categories of a protected veteran are:

1. A “disabled veteran” is one of the following:
   1. A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs; or
   2. A person who was discharged or released from active duty because of a service-connected disability.
2. A “recently separated veteran” means any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval, or air service.
3. An “active duty wartime or campaign badge veteran” means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war, or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.
4. An “armed forces service medal veteran” means a veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985.

Classifications protected under federal and state equal employment opportunity laws are those of:

• race
• color
• sex
• national origin
• religion
• age
• genetic information (including family medical history)
• service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994)
• physical or mental disability

In addition to the preceding protected classifications, state equal employment opportunity laws include protections for:

• ancestry
• marital status
• citizenship
• gender identity
• medical condition (cancer-related or genetic characteristics)
• pregnancy
• sexual orientation

Affirmative action goes further than equal employment opportunity. It affirms that organizations and individuals in organizations will seek to overcome the effects of past discrimination against groups such as women and minorities, disabled persons, and veterans by making a positive and continuous effort in their recruitment, employment, retention, and promotion.

Affirmative action requires federal contractors as employers to take steps to recruit, employ, train, and promote qualified women, minorities, and disabled persons when they are underrepresented in the workforce.  Outreach in the form of publicizing job vacancies in media targeting underrepresented groups or contacting these populations directly are examples of "good faith" affirmative action efforts.

• Equal Pay Act of 1963
• Title VI & VII of the Civil Rights Act of 1964
• Age Discrimination in Employment Act of 1967
• Title IX of the Education Amendments of 1972
• Equal Employment Opportunity Act of 1972
• Section 503 & 504 of Rehabilitation Act of 1973
• Vietnam Era Veterans’ Readjustment Assistance Act of 1974
• Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008
• Civil Rights Act of 1991
• Executive Order 11246 and 11375
• Genetic Information Nondiscrimination Act of 2008

Discriminatory practices prohibited by these laws include:

• Harassment on the basis of race, color, religion, sex, national origin, disability, genetic information 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, ethnic group, veteran status 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 prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

As a federal contractor, UC San Diego reports to two offices under the Department of Labor for EEO/AA compliance:

Equal Employment Opportunity Commission (EEOC): The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Office of Federal Contract Compliance Programs (OFCCP): The purpose of the OFCCP is to enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.

EEO laws prohibit employment decisions based on any protected basis, including, but not limited to:

• 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;
• Retaliation for participation in a protected EEO activity; or
• Any other term or condition of employment.

The affirmative action plan is designed to provide ways in which to measure yearly improvements in hiring, training, and promotion of minorities and women in all parts of an organization. The plan helps measure goals progress and identifies the need to develop strategies. 

A written affirmative action plan is required of all federal contractors holding contracts of $50,000 or more and with 50 or more employees. The Staff Affirmative Action Plan is prepared annually by the Office of Equal Opportunity/Staff Affirmative Action. The Faculty Affirmative Action Plan (PDF) is prepared by the Office of Academic Diversity and Equal Opportunity.

A compliance review is a comprehensive analysis and evaluation of each aspect of employment practices, policies and conditions, including such things as hiring, training, employment benefits, promotion, etc. conducted by the OFCCP. The review begins with a desk audit which is a review of the Affirmative Action Plan (AAP) and supporting documentation; and it may also include an on-site review conducted at the contractor's establishment, to investigate problem areas identified during the desk audit.

Supervisors and managers are often asked to respond to inquiries from OFCCP auditors regarding previous hiring decisions, compensation practices, and employment policies. The OFCCP auditors may choose to interview some supervisors and managers.

During these interviews, the OFCCP typically:

1. Checks the interviewee’s knowledge of and attitude toward affirmative action;
2. Ascertains the interviewee’s knowledge of underutilization and affirmative action goals applicable to the work unit;
3. Determines why a particular suspected substantive deficiency (e.g., discrimination) in the unit exists;
4. Obtains descriptions of how personnel decisions in the unit are made and the criteria used;
5. Determines who in the unit might know or have information concerning certain personnel decisions;
6. Ascertains which affirmative action commitments the unit was responsible for; and
7. Determines what opportunity (vacancies) the manager had during the past two years as well as actual EEO accomplishments.

Most importantly, UC San Diego managers and supervisors are responsible for knowing, and adhering to all University policies regarding all employment actions. If you need assistance with these policies, please work with your departmental HR Contact to learn more.

Another way to start preparing for an OFCCP compliance evaluation is to become familiar with your Vice Chancellor area’s section of the Staff Affirmative Action Plan. This plan will provide you with more information regarding the underutilized areas in your Vice Chancellor area, as well as the good faith efforts that are being conducted in your area to meet compliance expectations.

The following classes may also be useful for preparing for an EEO/AA compliance evaluation and are available through Staff Education and Development:

• Behavioral Feedback
• Best Practices for Employee Disability Management
• Building Productivity through Respect and Dignity
• Coaching Tools for Leaders
• Collaborate with Ease
• Communication Across Generations in the Workplace
• Communication Tool Belt
• Compensation/Classification: Creating the Job Description
• Creative Thinking Power
• Culturally Competent Management Program
• DISC and Leadership
• Diversity Education
• Employment Discrimination Law: News You Need
• Employment Process Training: Streamlining the Staff Recruitment Process
• Grievance and Complaint Procedures: A Supervisor’s Guide
• Job Accommodation: Saving Lives, Saving Jobs
• Managing Workplace Conflicts
• Negotiating Effectively: Skills for Managers
• New Supervisor Orientation
• Supervisory Training Laboratory
• Transforming Change Management
• Work Leader Training Laboratory