Frequently Asked Questions
What is the difference between Equal Employment Opportunity and Affirmative Action in the staffing process?
Equal Employment Opportunity means ensuring that all applicants have equal access to the selection process, i.e., that none are excluded on the basis of their protected status. Affirmative Actions goes beyond this non-discrimination and requires federal contactors to engage in expanded efforts in outreach and recruitment and seek out women and minorities and make them aware of the job opportunities.
What are “Protected Classes”?
Federal employment laws prohibit discrimination against those on the basis of membership in the following categories: age, disabilities, religion, national origin, race, color, marital status and sex.
Why must we follow affirmative action employment policies?
As a recipient of federal funding, Boise State University is required to have a written Affirmative Action Plan.
What is an Affirmative Action Plan?
The Affirmative Action Plan is comprised of four sections: the Utilization Analysis, the Workforce Analysis, the Goal and Timetables, and the Narrative. The first three sections include campus information and national census data and are used to analyze the demographics of the Boise State University workforce in relation to the demographics of the qualified and available regional and national workforce. This data is utilized to determine what group(s) are underrepresented for a given job classification and to set placement goals to address the underrepresentation… The narrative portion of the plan provides details as to the problem areas that impede equal representation among groups on campus and the University’s commitment towards remedying inequities.
Do employment affirmative action policies mean quotas?
No. In Affirmative Action Plans, numerical placement goals are established to help guide the University in eliminating any existing under representation of women and minorities. The University is only required to show that a good faith effort was made to attract and hire those in the underrepresented groups. “Quotas” are not a part of employment affirmative action policies. Race and sex-based quotas in employment originate in the legal system and are known as consent decrees. Consent decrees are mandated by judges when an organization has been taken to court and has been found guilty of illegal discrimination. These consent degree quotas are separate from Affirmative Action policies.
Does affirmative action mean hiring a less-qualified individual just because that person may belong to a group that is under-represented?
No. The goal is always to hire the most qualified individual. Gender and race may only be considered when the following conditions exist: 1) the position is one in which an under-representation has been formally identified AND a tie exists between two equally qualified individuals and one candidate is a member of the identified underrepresented group or 2) where one of the protected characteristics can be shown to be a bona fide job requirement. The use of race or gender, or any other protected status in any other circumstance is illegal.
What happens if we do not meet our placement goals?
While the placement goals are important, it is the demonstration of good faith effort to achieve those goals which is more important. An organization must be able to show it has taken strong and active steps to ensure that qualified women and minorities are present in the applicant pools and be able to objectively demonstrate that the selection process was free of bias.
In my department, we greatly value diversity. Even if my department is not found to be under-represented for women and minorities, may we “go beyond” and give preference to female and or minority candidates?
No, this would be illegal. See response to the 6th question above.