Affirmative Action Policies and Regulations

As a Federal contractor, UIC is subject to regulatory requirements under the laws enforced by the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). The OFCCP enforces Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; and the affirmative action provisions of Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). Collectively, these legal mandates prohibit discrimination and require Federal contractors and subcontractors to take affirmative action to ensure equal employment opportunities, without regard to race, color, religion, sex, national origin, disability, sexual orientation, gender identity, or status as a Vietnam era or special veteran.

 

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What is Affirmative Action?

Affirmative Action is an active effort to improve employment or educational opportunities for underrepresented communities such as veterans, persons of color, persons with disabilities, and women. Affirmative Action has been in effect since 1961 when President John F. Kennedy signed an executive order requiring federally-funded employers to “Take affirmative action to ensure that applicants are employed . . . without regard to their race, creed, color, or national origin.”

Affirmative action began as a government remedy to the effects of long-standing discrimination against these individuals and has consisted of policies, programs, and procedures that provide equal opportunity to these protected groups in job hiring, admission to institutions of higher education, the awarding of government contracts, and other social and civil benefits. Its primary goal is to ensure employers create a level playing field—that no qualified person is disadvantaged or treated unfairly during the hiring or promotion process because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or protected veteran status.

As a recipient of federal funds, receiving more than $50,000 of government contracts a year, the University of Illinois Chicago must comply with Affirmative Action requirements and develop an Affirmative Action Plan and program in place. The Director of Affirmative Action implements the plan with various campus partners, to track and report on the affirmative action goals.

The Affirmative Action Plan is designed to comply with applicable federal laws and regulations.

Federal Laws and Regulations Heading link

Executive Order 11246 prohibits federal contractors, subcontractors, and federally-assisted construction contractors and subcontractors with contracts that exceed $10,000, from discriminating in employment decisions on the basis of sex, sexual orientation, gender identity, race, color, religion, or national origin. It also requires covered contractors to take affirmative action to ensure equal opportunity is provided in all aspects of their employment. Covered supply & service contractors holding a contract of $50,000 or more must prepare a written annual affirmative action plan under EO 11246.

The Rehabilitation Act of 1973, Section 503, requires employers with federal contracts or subcontracts that exceed $15,000, including construction contractors, to ensure nondiscrimination in employment on the basis of disability and take affirmative action to hire, retain, and promote Individuals with Disabilities (IWDs). Covered contractors holding a contract of $50,000 or more must prepare a written annual affirmative action plan for individuals with disabilities.

VEVRAA requires federal contractors and subcontractors with contracts or subcontracts of $150,000 or more, including construction contractors, to ensure nondiscrimination in employment on the basis of Protected Veteran (PV) status and take affirmative action to employ and advance in employment Disabled Veterans, Active Duty or Wartime Campaign Badge Veterans, Armed Forces Service Medal Veterans, and Recently Separated Veterans (those discharged from the Service in the past three years). Covered contractors holding a contract of $150,000 or more must prepare a written annual affirmative action plan for protected veterans.

Introduction to OFCCP What HR Practitioners Need to Know Heading link

Frequently Asked Questions (FAQs) Heading link

Affirmative Action refers to the obligations of an employer to take affirmative steps to ensure that applicants are employed, and employees are treated during employment, without regard to their membership in a protected class, including race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or veteran status.

An Affirmative Action Plan (AAP) is a tool, a written program in which an employer details the steps it has taken and will take to ensure the right of all persons to advance on the basis of merit and ability without regard to their membership in a protected class. It consists of statistical analyses of an employer’s utilization (or underutilization) of individuals from certain protected classes such as women, veterans, minorities, and individuals with disabilities. It includes training programs, outreach efforts, and other positive steps.

Federal regulations require the University to maintain an AAP because the university is a federal contractor with more than 50 employees.

  • Equal Employment means all individuals shall be treated equally in all employment processes. That is, individuals shall be considered based on their qualifications without regard to their membership in a protected class. See the University’s Policy Against Discrimination, Harassment, and Discriminatory Employment/Service Practices for more information.
  • Affirmative Action seeks to remove barriers that limit those in protected classes that have historically been discriminated against. In other words, the University seeks to overcome past discrimination of women and minorities, individuals with disabilities, and veterans by being active in their recruitment, employment, and retention.

All employees benefit from the University’s affirmative action policies and programs as they help to ensure an equitable, diverse and fair environment for everyone.

Executive Order 11246 requires all federal contractors to make Good Faith Efforts to meet affirmative action goals, and those federal contractors that employ 50 or more employees and receive $50,000 or more in federal funds, must have a written affirmative action plan for women and minorities. Goals and timetables are part of the requirements of an affirmative action plan for women and minorities. Goals are voluntary measures of progress in hiring women and minorities that an employer such as the University has established for its workforce to correct underutilization.

Underutilization exists when fewer women and minorities are employed in job groups than would be expected given their availability (with the requisite skills to perform the job) in the labor pools.

In order to address underutilization, the university tracks good faith efforts to correct underutilization. As a Federal contractor we must identify and remove barriers that negatively affect underutilized groups; support inclusion through respect for and equal dignity to all persons; review recruitment strategies to ensure focused outreach to a diverse pool of qualified applicants; and put forth retention efforts and provide professional development opportunities for underutilized groups equal to the efforts and opportunities afforded others in the workforce.

Enforcement is conducted by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs. Internally, the University’s Institutional Office of Equity and Inclusion oversees the University’s AAP.  Click Here for more information

The University’s managers, supervisors, and HRBPs, are responsible for maintaining a work environment free from discrimination, harassment and retaliation. They are responsible for reviewing all personnel actions for potential differential impacts on protected groups in actions such as selection, salary, promotion, reclassification, layoff, corrective action, training and termination. They are also responsible for applying policies and standards consistently and having legitimate reasons for all employment decisions. Affirmative Action Policy for Minorities, Women, Disabled Individuals, and Protected Veterans