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UNLV EEO Best Practices Training - November 9, 2016

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Michael Travis

on 10 November 2016

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Transcript of UNLV EEO Best Practices Training - November 9, 2016

Committee chair does the introduction
Jump in as necessary to communicate time limits and other factors regarding presentations or other requirements







Introduce yourself as the monitor and timekeeper
Why Diversity Matters
Ensure that Selection Committees comply with federal guidelines and University Selection Procedures

Ensure that Selection Committees do not discriminate against any protected group
What are the Applicable Nondiscrimination Laws and Regulations?
Title VII
Title IX
Americans with Disabilities Act (ADA)
University Policies Procedures

Goals and Agenda
Faculty Training Series
Presented by the Office of Compliance
Mr. Barrett Morris and Michael T. Travis, Esq.

Why does Diversity matter?
What are the applicable nondiscrimination laws and regulations?
What are EEO Best Practices is in the hiring process?
Best Practices in Hiring
Why Diversity Matters
What "Groups" are Protected?
Avoid questions that call for responses about personal beliefs, thoughts or philosophies.

“What do you believe are the three most important characteristics of a good….?” “
What do you think are the three most important things that you want your students to learn in your class?”
“What is your philosophy on how to ….?”

Ask questions regarding objective, job-related information.
What are the Applicable Nondiscrimination Laws and Regulations?
Employment Discrimination includes:

Refusal to hire
Rejection from training programs
Discharge on from employment or training programs
Any decision affecting compensation, terms, conditions, privileges of employment

On the basis of a protected status

What Diversity Brings
Research suggests that having a diverse faculty engage in research leads to better problem solving with more productive, creative, innovative, effective, and feasible ideas and allows a more critical peer review of those ideas.
Certain skills and competencies will serve you well:

Appreciate content of contributions by others

Facilitate productive outcomes

Feel enriched by diverse environments - emphasize that inclusiveness is a strength
Best Practices in Hiring
Act as a resource and assist selection committee with questions about the process

Be tactful and firm and stop inappropriate behaviors

Support objectives of diversity and process

You are an extension of the Office of Compliance
Role of the Selection Committee
Job-Related Interview Questions
No inquiries into:
Race
Color
Ethnicity
Sex/gender
Sexual Orientation
Marial Status
Veteran's Status
National Origin
Ancestry
Religion
Age
Disability
All questions should be work or task related!!

Job-Related Interview Questions
Exercise
Are these questions appropriate?
Development of Testing Instrument

Must be job related
Presentation/Teaching Demo
Topic
Means of Delivery
Onsite testing
Time allowed
Scoring scale

Job-Related Testing
EEO Best Practices for Hiring
The EEOC aims to promote an inclusive culture in the workplace by fostering an environment of professionalism and respect for personal differences.

How? Neutral and objective criteria to avoid subjective employment discrimination decisions based on personal stereotypes or hidden biases
Preparation for Service on Selection Committee
Carefully read the Selection Procedures

Ask for questions used in previous or similar recruitment efforts - don't recycle.

Carefully read the job announcement

Service on the Selection Committee -
First meetings
Confidentiality Statement

Conflict of Interest Check

Composition of Committee

EEO Best Practices in Hiring
4. Ensure selection criteria do not disproportionately exclude certain groups unless the criteria are valid predictors of successful job performance and meet the employer’s business needs.
EEO Best Practices:
The First Meetings
Develop a tentative calendar

Establish specific testing direction, procedures, and scores

Allotments of time for interviews and questions

Select committee chair - make sure they read and understand responsibility


EEO Best Practices:
Selecting Interview Candidates
Verify conflicts of interest
Monitor committee comments
Check ratings against spreadsheet
Disparate scores must be discussed,
prompt if not happening
EEO Best Practices:
Selecting Interview Candidates
Confirm calendar and logistics: location, timing, supplies
Confirm times for final interviews
EEO Best Practices:
The Interviews / Oral Examinations
Monitor the environment and the committee

Set-up the room

Minimize Distractions

Standardize testing and interview conditions

Committee breaks as needed

Uphold high professional standards
EEO Best Practices:
The Interviews / Oral Examinations
Candidate Monitoring

Do not allow candidates to volunteer information related to a protected classification

Be prepared to provide committee responses

Thank candidate for his/her time

Communicate timelines
EEO Best Practices:
The Interviews / Oral Examinations
EEO Best Practices:
Deliberations
Ensure spreadsheet is prepared

Discussions should not include:
Discriminatory classifications
Personal knowledge of internal
candidates
Halo Effects
Non-work related issues

Observe relevant protocols
EEO Best Practices:
Deliberations
Selecting final candidates

Evaluate strengths and weaknesses of final candidates

Forward to hiring authority for decision
EEO Best Practices
Candidates with Disabilities
Ensure that proper access and accommodations are available

Prior notice is not required, and the monitor will be responsible for providing an appropriate response.
If you are unsure how to proceed, contact the Office of Compliance

Do not allow discussion of disability or accommodation of position during deliberations
Diversity includes varying physical disability!
Resources for EEO Best Practices
Online Resources

UNLV website - Office of Compliance

Equal Employment Opportunity Advisory Committee Web page

Contact the Office of Compliance for direction on accessing this information if you are unable to find it
Resources for EEO Best Practices
Office of Compliance

Barrett Morris
barrett.morris@unlv.edu
(702) 895-4555

Michelle Sposito, J.D.
michelle.sposito@unlv.edu
(702) 895-4555



EEO Best Practices:
Screening Applications
Notes on Records of Applications

Do not Google or search for applicants online

Do not call acquaintances


EEO Best Practices:
The Interviews / Oral Examinations
Can you name any "protected classifications"?
Office of Human Resources

The Office of Human Resources strives to create a successful work environment through the recruitment, retention, and development of a diverse workforce. We work to accomplish this goal by embracing our mission.
Exercise
How do you stop inappropriate conversation or questions during the interview process?
EEO Best Practices:
The Interviews / Oral Examinations
The Monitor must
STOP
any candidate who
attempts to provide personal or confidential information in an interview or discussions of these issues!
Fisher v. University of Texas at Austin
Caucasian female was denied admission to University of Texas

Sues claiming that the university violated her rights by considering race

73 different "friend of the court" briefs were filed in support of the university's diversity efforts, including 57 Fortune 500 companies and dozens of colleges and universities
Who cares about Diversity?
(2012) 133 S.Ct. 2411
Who is protected by nondiscrimination law?
Those in a "protected classification"

Those with perceived characteristics that would be protected

Those who are subjected to discrimination as a result of association with a person in a protected class
Race
Gender Identity
Color
Religious
Creed
National
Origin
Disability
Age
Sexual Orientation
Genetics
Everyone.
Best Practices in EEO Hiring
In
Grutter v. Bollinger
(2003) 539 U.S. 306, the U.S. Supreme Court stated that diversity policies are “important and laudable” because they promote “cross-racial understanding,” help “to break down racial stereotypes,” and enable “better [understanding] persons of different races.”
Universities and law schools, like those at UNLV, represent the training ground for future leaders.

UNLV Ranked Second Most Diverse Campus in the Nation


Why Diversity Matters
We hear the term frequently and often in the media, but what does it really mean?
Why Diversity Matters
Diversity Creates
Better Service
Better Teaching
Better Educational Environments
Better Communities
STRENGTH
Why Diversity Matters
The
Grutter
Court went on to say that, “[t]hese benefits are not theoretical but real, as major American businesses have made clear that the skills needed in today's increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.”
Diversity Creates
Why Diversity Matters
Since
the decision of
Grutter
in 2003,
scholars
have agreed that diversity benefits apply to not only university admissions, but also university hiring. (See
L. Darnell Weeden, Back to the Future: Should Grutter's Diversity Rationale Apply to Faculty Hiring - Is Title VII Implicated
, 26 Berkeley J. Emp. & Lab. L. 511, 515 (2005).)
Diverse faculty can expand traditional areas of scholarship, increasing the intellectual breadth of the university. A diverse faculty is more likely to expand scholarship in traditional disciplines and develop entirely new areas of study.
EEO Best Practices for Hiring
2. Monitor for EEO compliance by conducting self-analyses
1. Recruit by implementing practices designed to widen and diversify the pool of candidates considered for employment openings, including openings in upper level management
3. Create objective, job-related qualification standards related to those duties, functions, and competencies. Make sure they are consistently applied when choosing among candidates.
5. When using an outside agency for recruitment, make sure the agency does not search for candidates of a particular race or color.
Functions of Human Resources in the hiring process
Office of Human Resources

(702) 895-3504
Full transcript