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EQUITY - Affirmative Action Office Newsletter (September 2005)
Contents
Meet the Affirmative Action Office Staff:

Diana Prieto, director
As director of the Affirmative Action Office (AAO), Diana is responsible for the development and implementation of the University's affirmative action program and ensuring equal access and equal opportunity on campus. A few of Diana's responsibilities include overseeing the production of the yearly Affirmative Action Plans, providing assistance with the affirmative action aspect of OnePurdue, and investigating complaints of harassment and/or discrimination at the University.

Gina Kerr, assistant director for equity in hiring
Gina's responsibilities include assisting the University's hiring supervisors with staff recruitment and selection, including diversifying staff ranks. Since stepping into the newly created role of assistant director for equity in hiring in September 2004, Gina has created the Staff Recruitment and Selection Procedures Manual. Gina also conducts presentations and workshops to units across campus, either alone or in partnership with Human Resource Services staff, about the diversification of staff and the staff hiring procedures.

Wendi Johnston, assistant director for information resources
Wendi is involved in all things data in AAO. She is currently updating the University's availability data for the annual Affirmative Action Plans, verifying data sources along the way. Wendi is also responsible for preparing many of AAO's annual reports, such as the Faculty Salary Equity Study, Staff Compensation Analysis, and Faculty Promotion and Tenure report.

Chad Martinez, assistant director for conflict resolution
Chad handles complaints of harassment and/or discrimination brought to AAO. Individuals at the University wishing to discuss the University's procedures for filing complaints of harassment or discrimination should contact Chad. In addition to handling complaints filed under the University's procedures, Chad also prepares responses on behalf of the University to charges of discrimination and/or harassment received from external civil rights agencies. Chad also makes certain that the required federal and state employment posters are posted in University buildings and visible to University employees.

Gavin Steiger, assistant director for compliance and disability services
Gavin is AAO's newest staff member. Gavin joined AAO in December of 2004. In his position, Gavin works with faculty members and search committees throughout the faculty hiring process to ensure equal access and equal opportunity in all searches. On the disability front, Gavin coordinates disability programming for all on campus, conducts workshop sessions in the area of disabilities, evaluates employees' eligibility for reasonable accommodations under the Americans with Disabilities Act (ADA), and may be contacted by individuals with disability access concerns.

Lacretia Rothenberger, secretary
Anyone involved in the faculty search and screen process at the University has probably already spoken with Lacretia via telephone. She handles all aspects of faculty search and screen from the opening search request to the closing paperwork. She also serves as secretary to the director.

Barb Snyder, secretary
Barb serves as the building deputy, building receptionist, and supports the assistant directors. Individuals requesting departmental publications, needing general AAO information, or wishing to make arrangements for a session to be held for their unit may contact Barb.

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Disabilities
ADA Central Resource

AAO is pleased to announce a new feature to our Web site. Students, staff, faculty, and visitors to Purdue can now share information concerning campus disability accessibility via the Web through the accessibility notification form. The accessibility notification form was developed to provide individuals with a central resource to inform the University of any disability accessibility concerns. Individuals wishing to inform the office of disability access concerns may go to our online form here or call us at 49-47253. Individuals can call or e-mail with concerns such as inaccessible paths of travel, malfunctioning accessible door switches, or resource referrals for interpreting services for the deaf.

In addition, AAO is a central resource for any unit on campus needing assistance identifying or providing reasonable accommodations requested by faculty, staff, or visitors. If your unit needs assistance understanding what is a reasonable accommodation or identifying or providing a reasonable accommodation, call us at 49-47253.

ADA Audio Conference

AAO is a host site for the ADA Audio Conference, a national audio conference originating from the Great Lakes ADA and Accessible IT Center at the University of Illinois at Chicago (Great Lakes). The ADA Audio Conference provides continuing education on regulations and trends under the Americans with Disabilities Act. The program is designed to offer advanced information on the ADA as building blocks to an individual's existing foundation of basic ADA knowledge. The subject-specific sessions are 90 minutes in length with interactive opportunity for questions and answers. Audio conference sessions are held the third Tuesday of every month from 1 to 2:30 p.m. The 2005-06 session specific topics will be announced by Great Lakes in late September. See AAO Web site at www.purdue.edu/humanrel/aao for more information. Please join us for any session that may be of interest to you.

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National Disability Employment Awareness Month

October is National Disability Employment Awareness Month throughout the United States. In recognition, AAO is pleased to offer the following educational opportunities to the University community:

ADA for Supervisors                                                                           
Tuesday, October 4, 2005                                                                                     
9:30-11:30 a.m.                                                                             
STEW 318

ADA Overview
Thursday, October 13, 2005                                                                                     
2-4 p.m.                                                                                
STEW 218C

Transitioning from College to Work
Thursday, October 20, 2005
6-7:30 p.m.
STEW 320

ADA/EAP Workshop
Wednesday, October 26, 2005
9:30-11:30 a.m.                                                                             
STEW 320

Disability Awareness Month

In observation of Disability Awareness Month in the State of Indiana, AAO is pleased to offer the University community the following opportunities to join with us in celebration during the month of March.

Disability Awareness Month Reception
Wednesday, March 1, 2006
10-11 a.m.
PMU West Faculty Lounge

ADA Overview            
Thursday, March 9, 2006
9:30-11:30 a.m.
STEW 218A

ADA for Supervisors     
Tuesday, March 28, 2006
2-4 p.m.
STEW 313

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List of Publications

AAO provides the following publications for the University community:

  • Access Purdue: A Disability Resource Guide for Faculty and Staff
  • Faculty Search and Screen Procedures Manual
  • Staff Recruitment and Selection Procedures Manual
  • Affirmative Action Plan: Gender, Race, Ethnicity
  • Affirmative Action Plan: Veterans and Individuals with Disabilities

Copies of these publications may be obtained via AAO's Web site at www.purdue.edu/humanrel/aao or by calling the office at 49-47253.

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Workshop Session Opportunities

AAO has scheduled workshops throughout the year to inform the University community about the issues AAO staff members work with on a daily basis. The following is the schedule of workshops for the 2005-2006 academic year.

September 2005
6 1:30-3:30 p.m. Faculty Search and Screen Essentials STEW 320
15 9:30-11:30 a.m. The Nuts and Bolts of Faculty Search and Screen for Support Staff STEW 318
27 2-4 p.m. Faculty Search and Screen Essentials STEW 320
29 2-4 p.m. Essentials of Staff Recruitment & Selection STEW 313
       
October 2005
4 9:30-11:30 a.m. ADA for Supervisors STEW 318
13 2-4 p.m. ADA Overview STEW 218C
20 2-4 p.m. Essentials of Staff Recruitment & Selection STEW 313
20 6-7:30 p.m. Transitioning from College to Work STEW 320
26 9:30-11:30 a.m. ADA/EAP Workshop STEW 320
       
November 2005
1 10 a.m-Noon Harassment/Discrimination STEW 313
14 2-4 p.m. Affirmative Action 101 STEW 320
       
January 2006
24 2-4 p.m. Faculty Search and Screen Essentials STEW 318
31 1:30-3:30 p.m. The Nuts and Bolts of Faculty Search and Screen for Support Staff STEW 320
       
February 2006
7 2-4 p.m. Sexual Harassment STEW 320
16 10 a.m-Noon Essentials of Staff Recruitment & Selection STEW 320
23 2-4 p.m. Hate and Bias STEW 318
       
March 2006
9 9:30-11:30 a.m. ADA Overview STEW 218A
28 2-4 p.m. ADA for Supervisors STEW 313
       
April 2006
12 2-4 p.m. Essentials of Staff Recruitment & Selection STEW 318
       

In addition to the workshops offered to the University community, staff at AAO are available to present to individual units on the topics of staff recruitment and selection, faculty search and screen, affirmative action, conflict resolution, harassment and discrimination, sexual harassment, hate and bias, disability access, and the Americans with Disabilities Act for supervisors. To arrange for a session tailored to meet the needs of your unit, contact us at 49-47253 or aao@purdue.edu.

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Tips and Trends

Making Key Decisions

Tip from the field:"Selection of people into your organization is one of the key predictors of your success. This is one of the most critical responsibilities you have."

- SHRM HR Magazine, May 2005

Bias in Decision Making

A recent study by Cornell University researchers found that job applicants who are mothers tend to be offered less money, up to $11,000 less, than female applicants without children. The study also found that a woman without children was offered a job 84 percent of the time, while a woman with children was offered a job 47 percent of the time.

As hiring supervisors or managers at Purdue, it is important to recognize that individual applicants each bring a unique set of knowledge, skills, and abilities to a position. Our focus should always be to hire the best-qualified candidate for our job, regardless of the candidate's parental status, and to offer that best-qualified candidate a fair and equitable salary.

Acknowledging that biases such as the one identified in this study do still occur in our society and that we may also hold the same or similar bias can assist us in moving forward and taking steps to focus our attention on an applicant's credentials. In AAO, we conduct salary equity studies on an annual basis. In a situation such as the one described above, a supervisor would be asked to explain the reason for the difference in salary and to rectify any unjustified inequities.

If you are interested in learning more about equal access and equal opportunity at Purdue, please contact AAO. We are happy to answer your questions and are available to conduct sessions on hiring involving recruitment and selection for your unit.

Understanding Affirmative Action, Equal Employment Opportunity, and Discrimination

Many people use the terms "affirmative action," "equal employment opportunity," and "discrimination" interchangeably when in actuality, they are each different, but related, concepts.

Affirmative action is an executive order, signed by the President of the United States, which protects employees of covered federal contractors and subcontractors from employment discrimination based on race, color, religion, sex, and national origin.   Affirmative action employers must take positive steps to recruit and advance qualified minorities and women for jobs in which they are underutilized relative to their availability.

Equal employment opportunity laws are passed by the U.S. Congress and apply to most all employers in the United States, regardless of whether or not the employer is a federal contractor. Equal employment opportunity laws cover race, religion, color, sex, age, national origin, disability, and Vietnam-era veterans. These laws prohibit discrimination in all aspects of the employment process based on the protected categories listed above.

Discrimination in employment occurs when an individual, either an applicant or an employee, is treated unfairly based on one of the protected categories listed above, e.g. an applicant is not selected for a vacant position because of race, or an employee is not promoted due to his or her religion or lack thereof. At Purdue, our nondiscrimination policy statement also protects individuals from discrimination based on marital status, parental status, and sexual orientation.  

If you would like more information on the University's Nondiscrimination Policy, click here: http://www.purdue.edu/humanrel/pages/vphr/nondescrim.html.

Requesting Extended Leave as an Accommodation

In some circumstances, extended medical leave may be a reasonable accommodation for qualified individuals with disabilities under the Americans with Disabilities Act of 1990 (ADA). Certain factors must be taken into consideration when making this determination. In order for the requested leave to be considered a reasonable accommodation, it must not pose significant difficulty or expense to the employer and must allow the employee to perform the essential functions of his/her job upon return to work. The Equal Employment Opportunity Commission (EEOC) has stated that an employee should also give the employer an estimated return date, and notify the employer well in advance if it is unlikely the employee will be able to return when originally anticipated. The Seventh Circuit Court of Appeals, which is comprised of Wisconsin, Illinois, and Indiana, has heard a number of cases which focus directly upon extended leave as a reasonable accommodation. In one case, the court determined that an employer is not required to give an indefinite leave due to a prolonged illness. (Nowak v. St. Rita High School, 142 F.3d 999, 7 th Cir. 1998). In another case, the court determined that a person's inability to work for a multi-month period would remove a person from the class protected by the ADA i.e., that of qualified individuals with a disability. (Byrne v. Avon Products Inc., 238 F.3d 379, 7 th Cir. 2003). In another case, the court held that an indefinite leave is "neither an 'accommodation,' because it does not 'enable a disabled individual to work,' nor 'reasonable,' because the cost to the employer is so clearly disproportionate to the benefit." (Johnson v. Foulds, Inc , 1997 U.S. App. Lexis 3386, 7 th Cir. 1997). As a supervisor, if you receive a request for leave as a potential accommodation, contact the AAO at 49-47253 or aao@purdue.edu or Human Resource Services, Employee Relations to discuss the appropriate response.

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