2.1: Equal Employment Opportunity and Affirmative Action

SCOPE: FACULTY AND STAFF

Issued: 4/1/00

Revised: 10/01/03; 1/01/07; 1/11/2022; 8/31/2022

1. Policy: It is the policy of Lamar University not to discriminate on the basis of non-relevant criteria including, but not limited to race, color, religion, sex, sexual orientation, gender identity and expression, national origin, age, disability, or veteran status in its educational programs, activities, admissions, or employment practices.

2. Equal Employment Opportunity and Workforce Diversity: In regard to employment, it is the policy of the University to insure equal employment opportunity to all individuals. This means that the University will seek to insure by all lawful means at its disposal that all prohibited discriminatory conditions in employment are eliminated and that employment policies do not operate to the detriment of any person on the grounds of non-relevant criteria including, but not limited to race, color, religion, sex, sexual orientation, gender identity and expression, national origin, age, disability, or veteran status. The University will also insure that the practices of those responsible in matters of employment and supervision are nondiscriminatory and further, that the University will take affirmative action to recruit, employ and promote qualified members of underutilized groups. This policy is extended uniformly to the employment of all individuals.

Filing a Complaint with the EEOCLABOR CODE CHAPTER 21. EMPLOYMENT DISCRIMINATION (texas.gov)

  1. Retaliation Prohibited: Lamar University prohibits retaliation and discrimination against any person because that person
  • Opposed a discriminatory practice prohibited by this policy or state or federal law;
  • Made or filed a charge of discrimination;
  • Filed a complaint of discrimination; or
  • Testified, assisted, or participated in an investigation, proceeding, or hearing under state or federal EEO laws.
  1. Responsibility: It is the responsibility of the University's management to insure that the University and all its constituencies comply with the provisions of this policy, and with all Federal and State laws, executive orders and regulations regarding equal opportunity and affirmative action. The Associate Vice President for Human Resources shall serve as Affirmative Action officer for staff and administrative employees; the Academic Deans shall serve as Affirmative Action officers for the faculty. Final responsibility for university efforts rests with the President of Lamar University. Specifically, all departments of the University will:

4.1 Follow policies of recruitment, employment, upgrading, promotion, transfer, training, lay off, or dismissal for all categories of employees, without regard to race, color, religion, national origin, age, disability, veteran status, sex, sexual orientation, gender identity and expression. The sex, disability or age of an employee may be considered only when sex, disability, or age is demonstrably a bona fide occupational qualification (BFOQ).

4.2 Determine all matters of employment and of subsequent promotion to a higher position only upon the individual's qualifications for the position for which he/she is to be considered.

4.3 Administer equitably all programs involving salary, fringe benefits, and participation in the affairs of the University, for all individuals without regard to any of the characteristics named above.

  1. External Recruiting: In its relationship with external recruiting sources, the University will require complete conformity to the principles stated above, insuring full opportunity for equal consideration for all prospective employees.
  2. Affirmative Action Employment: Finding that a diverse educational and work environment serves a compelling state interest, Lamar University undertakes an affirmative action program to which good faith efforts will be directed for achievement of the following:

6.1 Remedying, through lawful means, the present effects of past discrimination;

6.2 Determination of the extent to which minorities and women are under utilized in all job categories;

6.3 Identification and elimination of any employment practices that adversely impact minorities, women and others protected by applicable law and where the relationship to job performance has not been clearly established and to replace them by others that are based on merit and valid job qualifications;

6.4. Development, through special recruitment efforts and other measures, of applicant pools in which qualified minorities and women are represented in proportions sufficient to help reduce their underutilization, where such underutilization may exist; and

6.5 Development, through special recruitment efforts and other measures, applicant pools in which qualified persons with disabilities and qualified veterans are represented.

  1. Religious Accommodation: Lamar University provides accommodation for an individual’s sincerely held religious beliefs and practices unless providing an accommodation would result in undue hardship to the University. A religious accommodation may include an adjustment to an individual’s work schedule or environment or to the employment application process that allows an individual to practice his or her religious beliefs. Employees and applicants seeking an accommodation for a sincerely held religious belief should make a request to the Office of Human Resources.

References:

Title VII of the Civil Rights Act of 1964, as amended

Executive Order 11246, as amended

The Age Discrimination in Employment Act of 1967, as amended

§503 and §504 of the Rehabilitation Act of 1973, as amended

Vietnam Era Veterans' Readjustment Assistance Act of 1974

Civil Rights Act of 1991

Title I of the Americans With Disabilities Act of 1990

Uniform Services Employment and Reemployment Rights Act of 1994