Procedure 14 - Affirmative Action

Procedure 14 - Affirmative Action

February 3, 2014

A. General

Consistent with current federal regulations, including Executive Order 11246, state regulations and University policy requirements, the University maintains and implements an Affirmative Action Program. This program consists of a set of specific and result-oriented programs and procedures by which UCLA commits itself to apply every good faith effort to achieve full utilization of women and minorities in areas where underutilization exists. Additionally, the University maintains an Affirmative Action Program to ensure that persons with disabilities, special disabled veterans, and Vietnam-era veterans will be represented in its staff workforce.

B. Definitions

Affirmative Action Plan (AAP). A written document by which the University is committed to eliminate and remedy past discrimination against protected classes and underutilization of women and minorities. As a Federal contractor with contracts in excess of $50,000 and 50 or more employees, the University of California is required by Executive Order 11246 to develop and maintain a written AAP and programs to correct the underutilization of women and minorities in its workforce. The AAP includes outreach programs and other steps that are designed to correct past and present discrimination that has resulted in underutilization. The AAP also contains goals to measure success toward achieving the University's affirmative action objectives.

Availability: The level at which women and minorities could be reasonably expected to participate in a job group in the relevant labor market.

Goals:  As required by Executive Order 11246, goals must be set to increase the representation of females and minorities in areas where they are presently underutilized. Goals represent a benchmark for evaluating an employer's affirmative action progress. They provide guidance for an employer to focus on outreach and other efforts in areas where females and minorities are underutilized. Goals, however, are designed to be met only if hiring opportunities arise. Moreover, they do not require the hiring of a person who is less qualified, nor do they require an employer to hire a specified number of persons. Such a requirement would constitute a quota. A quota is illegal unless ordered by a court. A contractor's compliance is measured by whether it has made good faith efforts to meet its goals.

Job Group: Job groups are one or a group of jobs having similar content, wage rates and opportunities. The UCLA workforce is comprised of 56 job groups for purposes of utilization analysis.

Underutilization: Fewer women or minorities in a particular job group than would reasonably be expected by their availability in the job market.

C. Affirmative Action Plan

Under the Office of Federal Contract Compliance Programs (OFCCP) guidelines, the University must include the following items in its Affirmative Action Plan (AAP): self-analysis, underutilization analysis, and establishment of goals.

  1. Self-Analysis:  Self-analysis, an essential component of the AAP, is designed to assist the University in identifying underutilized areas, developing focused outreach efforts, and implementing Equal Employment Opportunity/Affirmative Action policies.
    1. Workforce analysis: The workforce analysis consists of a listing of all job titles in descending salary order for each department, showing the total number of incumbents, the total number of male and female incumbents, and the total number of male and female incumbents within each ethnic group. The Staff Affirmative Action Office (SAAO) will review the workforce analysis of UCLA staff personnel once a year.
    2. Job group analysis: A job group contains a set of job titles that share similar content and responsibilities, wage rates, and lines of progression. As a general practice, job title and job group assignments at UCLA are reviewed and updated as appropriate.
    3. Availability analysis: An availability analysis determines the level one might reasonably expect women and minorities to be represented in a job group, based on their availability in the relevant labor area workforce. It defines the relevant labor market for each job group, and it considers a minimum of eight factors to determine the overall availability of women and people of color for a job group.
  2. Utilization Analysis: The utilization analysis is the comparison of incumbents in the UCLA workforce to external availability, by job group. The utilization analysis requires comparison of two sets of data: (1) percentages of women and minorities in the workforce represented in a job group; and (2) percentages of women and minorities available in the relevant job market. An area is considered underutilized when a protected group's representation falls below its availability.
  3. Establishment of Goals: As underutilized areas are identified, goals must be set to increase the representation of women and minorities in areas where they are underutilized. Goals and timetables are established campuswide by the SAAO. It should be emphasized that while goals are required, quotas are neither required nor permitted. Good faith efforts are the true measure of compliance with this program.

Affirmative action goals are reviewed periodically and progress reports with appropriately adjusted goals are prepared as needed during the affirmative action plan period by the SAAO.

The SAAO also prepares periodic affirmative action progress reports, providing a summary of the distribution of staff personnel in each Affirmative Action Unit by ethnicity and sex, and measuring the Unit's progress towards the campus affirmative action goals.

D. Responsibility

Overall responsibility for staff affirmative action is delegated by the Chancellor to the Administrative Vice Chancellor who further delegates to the Associate Vice Chancellor - Administration. The assignment for implementation and monitoring is the responsibility of the Staff Affirmative Action Officer (SAAOR). For purposes of implementation, the campus is divided into Staff Affirmative Action Units, each with a designated Vice Chancellor or Provost serving as Unit Coordinator.

  1. The Staff Affirmative Action Officer (SAAO): The SAAOR has overall responsibility for the Plan as it relates to staff employees, and works in collaboration with the Staff Affirmative Action Office (SAA0) and Campus Human Resources (CHR). The principal responsibilities of the SAAOR is to:
    1. Develop and recommend policies and procedures for staff affirmative action to the Administrative Vice Chancellor and the Associate Vice Chancellor;
    2. Monitor the practices and programs of CHR for compliance with the provisions of this Plan;
    3. Regularly evaluate for effectiveness the procedures implemented under this Plan to promote affirmative action;
    4. Investigate reports of incidents or conditions which may not conform with goals of the University's Affirmative Action Program objectives, discuss findings, and make recommendations for enforcement action to the Administrative Vice Chancellor and the Associate Vice Chancellor--Administration.
  2. Staff Affirmative Action Advisory Committee: The Staff Affirmative Action Advisory Committee (SAAAC) consists of one or more representatives from each Staff Affirmative Action Unit, appointed by the Associate Vice Chancellor - Administration for staggered terms; the Assistant Vice Chancellor of Campus Human Resources; Director, Medical Center Human Resources; and the Staff Affirmative Action Officer served as ex-officio members with vote. The principal responsibility of SAAAC is to review and approve the overall objectives of the Staff Affirmative Action Office together with an action plan designed to achieve the objectives and make appropriate recommendations to the Associate Vice Chancellor - Administration.
  3. Staff Affirmative Action Units: The basic organizational units for implementation of UCLA Affirmative Action Plan are called Staff Affirmative Action Units, which are structured based on function, size and unique characteristics of the work force. Each Staff Affirmative Action Unit is assigned a Unit Coordinator who is the person with management responsibility for that unit or has been delegated the responsibility of affirmative action compliance. The Unit Coordinator is responsible for the implementation of affirmative action policy and procedures within the Unit, and the coordination of "good faith" efforts to meet AAP objectives.
  4. Department Heads/Directors: Department Heads and Directors are responsible for ensuring compliance with staff affirmative action policies and procedures. They shall:
    1. Ensure equitable application of all personnel policies and procedures to provide a workplace free of employment discrimination;
    2. Advise employees of affirmative action programs and encourage their participation;
    3. Direct internal and external communications to all employees to ensure their awareness of affirmative action and non-discrimination policies, procedures and programs;
    4. Implement the Affirmative Action Plan goals and objectives for their respective area;
    5. Include in regular performance evaluations of supervisors, a review of their equal employment opportunity and affirmative action efforts and responsibilities;
    6. Ensure that women and minorities are afforded equal opportunity to participate in University-sponsored educational, training, recreational and social activities; and
    7. Ensure that posters are displayed which inform employees of nondiscrimination and affirmative action laws, regulations, and policies.
  5. Supervisors shall:
    1. Apply equitably all personnel policies and practices. Advise employees of affirmative action policies and procedures and, upon request, provide them with copies of written policy and procedural statements;
    2. Advise employees of affirmative action programs, and encourage their participation;
    3. Circulate internal and external communications to ensure that all employees are aware of affirmative action and nondiscrimination policies, procedures and programs;
    4. Assist in the identification of problem areas of utilization; ensure implementation of special programs to increase representation consistent with the goals and objectives outlined in the UCLA Affirmative Action Plan;
    5. Advise employees of University policy development in the areas of nondiscrimination and affirmative action;
    6. Implement policies and procedures which afford all employees equal access to opportunities to participate in University-sponsored educational, training, recreational and social actives;
    7. Conduct regular reviews of the qualifications of all employees including minorities and women to ensure equal consideration for appointments, transfers, and promotions;
    8. Conduct regular discussions with employees concerning University affirmative action and nondiscrimination policies and procedures, ensuring that these policies and procedures are understood and followed; and
    9. Provide a workplace that is free of employment discrimination, including any form of harassment.

E. Policies & Procedures For Affirmative Action

The following statements of personnel policy provide a general overview of practices which are being implemented by UCLA in order to meet its commitment to equal employment opportunity. No personnel policies will discriminate on the basis of UCLA's Nondiscrimination in Employment policy as described below. The details of these policies may be found in the various University personnel program manuals and related articles for employees covered by collective bargaining agreements.

  1. Nondiscrimination in Employment: No person employed by or seeking employment with the University shall be discriminated against because of race; color; religion; marital status; national origin; ancestry; sex; sexual orientation; disability (physical or mental); medical condition (cancer related) as defined in Section 12926 of the California Government Code; status as a Vietnam-era veteran or special disabled veteran; or, within the limits imposed by law or University regulations, because of age or citizenship.
  2. Affirmative Action Policy: Consistent with current federal regulations, it is the policy of the University of California to undertake affirmative action for staff personnel who are minorities, women, persons with disabilities, special disabled veterans, and Vietnam-era veterans through formally written affirmative action plans. In developing affirmative action plans, the University's objectives are to:
    1. Ensure that members of groups who in the past may have been victims of employment discrimination are given equal opportunities to compete for jobs and to have their qualifications assessed fairly; and
    2. Achieve a diversified work force at all levels.
  3. Recruitment: Available positions continue to be posted in the weekly "Current Job Openings." UCLA's procedure regarding recruitment and affirmative action recruitment periods is provided in UCLA Procedure 20 (Recruitment) New recruitment sources for staff personnel will be identified for all Units and job groups as necessary and applicable. All recruitment material and advertising will indicate that UCLA is "An Equal Opportunity/Affirmative Action Employer." Recruitment of men and women will continue for all positions except where sex is a Bona Fide Occupational Qualification (BFOQ) that has been identified carefully and documented thoroughly. Employment advertising in newspapers and other media will not express a gender preference unless sex is a documented BFOQ for a specific job. Advertisements are not placed in newspapers or other media in columns labeled "Male" or "Female". UCLA recruitment sources are identified in the Programmatic Activities section of the campus affirmative action plan.

    Effective programs developed over the past several years will be continued in appropriate search in areas as in order to bring more women and minority group members into the pool of those available for and applying for all positions, especially in job groups where they are presently underutilized.

    Special emphasis will be placed on outreach recruitment in those Los Angeles communities that are underutilized in UCLA's workforce. Emphasis will be given to communicating UCLA's employment policies to both female and minority community organizations and other applicant sources used by UCLA. Attention will be given to encourage employee referrals in order to support female and minority applicants to apply for staff positions at UCLA.

    CHR's Staff Employment will continue a careful evaluation of employment qualifications to ensure that unnecessary minimum requirements for employment are neither imposed nor advertised. Employment practices will be designed to encourage candidates who are qualified for such positions. UCLA will continue its practice of advertising in minority publications and other media which reach potential female and minority applicants for staff positions.

    In those departments where it is determined that underutilization of minorities or women exists, special recruiting efforts shall be undertaken by the department in conjunction with Staff Employment.
  4. Selection: UCLA will make good faith efforts to expand applicant pools to include more women and minority candidates. Each department has the responsibility to notify all departmental employees of intradepartmental promotional career vacancies and to allow sufficient time for employees to apply. Further, employees should be informed of the selection process utilized to fill such vacancies, including a description of the job, applicant requirements, and interviewing procedures.
  5. Policy on Employment of Relatives (Nepotism): In keeping with the basic UCLA policy of selecting a candidate for hiring or promotion solely in terms of individual qualifications, no person will be denied employment or advancement solely because he or she is related to another employee. Prior to the appointment of near relatives in positions in which there would be a supervisory or other close working relationship, approval of the Chancellor is required in accordance with University personnel policies.
  6. Training: Training programs will be open to all employees in accordance with the UCLA Equal Employment Opportunity and Affirmative Action policy. Training programs will not be designed solely to improve skills in existing jobs, but also to develop skills necessary for career development.

    The CHR and the Staff Affirmative Action Office will continue to develop special training programs for supervisory and other staff to create greater awareness and understanding of issues of employment discrimination. Additionally, the Staff Affirmative Action Office and the CHR will continue to provide organizational development consultation to departments to enable employees to fully participate in the organization.
  7. Promotion: Promotion opportunities at UCLA are encouraged for all employees regardless of sex or ethnicity. Promotions will be based solely on criteria which are made explicit. Promotion policies are administered in compliance with UCLA's policy on non-discrimination in employment. Promotional opportunities must be posted and announced.
  8. Transfer: UCLA has an open transfer policy. All employees have the opportunity, in accordance with UCLA's policy on non-discrimination in employment, to apply for transfer and promotional vacancies. All staff employees who have satisfactorily completed their probationary period may apply directly to departments for consideration.
  9. Termination: Decisions regarding termination and non-renewal of employment will be made in compliance with UCLA's policy on non-discrimination.
  10. Work Conditions: All work conditions will be applied without discrimination and in compliance with UCLA's policy on non-discrimination in employment.
  11. Salary and Merit Increase: UCLA recognizes and adheres to the principle that no discrimination will be shown to any employee with respect to salary. Merit increases are to be awarded on the basis of individual performance and improvement in performance. No merit increases may be awarded or denied on a discriminatory basis, in accordance with UCLA's policy on non-discrimination in employment.
  12. Leave Policies: Leave policies will be applied without discrimination, with or without pay, for all employees regardless of sex and/or marital status, in accordance with the UCLA's policy on non-discrimination in employment.
  13. Grievance Procedures: UCLA has grievance procedures for staff employees which ensure a fair adjudication of complaints related to conditions of employment. These procedures are described in the various personnel program manuals and collective bargaining agreements.
  14. Retaliation: Individuals who believe that they have been discriminated against in violation of University policy or state or federal law may file complaints with appropriate campus offices and/or state or federal enforcement agencies. It is contrary to University policy to discriminate against or take any other retaliatory action against any individual because that person has filed a discrimination complaint with a campus organization or an external government agency, or has assisted, testified, or participated in a campus or agency's investigation. State and federal anti-discrimination laws prohibit discrimination or any other retaliatory action against any individual because that individual has made a charge, testified, assisted, or participated in an investigation under those laws. Employees of the University are expected to adhere to these requirements against discriminatory or retaliatory action.
  15. Performance Evaluations: As a part of the performance evaluation procedure at UCLA, all supervisors will be evaluated on their performance in the implementation of the Affirmative Action Plan as it applies to their areas of supervision.
  16. Marital Status: Persons married or unmarried, regardless of gender, are treated equally in all personnel actions, including receipt of all benefits. Age, marital status, and number of children are not factors in job offers.
  17. Physical Facilities: Appropriate physical facilities are provided for employees and applicants of both sexes.
  18. Retirement and Benefits: Retirement and benefit provisions are administered in accordance with the University's policy on non-discrimination.
  19. Seniority Systems: Gender is not a factor in UCLA's seniority systems. Seniority is applied equally to all employees regardless of gender.

F. Dissemination of Policy

The UCLA policy on equal employment opportunity and affirmative action is communicated to the campus and the public through various institutional publications. It is also discussed with supervisors and managers at periodic meetings concerning affirmative action progress and program activities. Applicants and various public and private applicant referral sources, such as school placement centers, community agencies, and skills centers, receive the policy by way of the weekly "Current Job Openings" bulletin.