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Affirmative Action - Frequently Asked Questions
1. 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 – that none are excluded on the basis of their
protected status. Affirmative Action goes beyond nondiscrimination and requires
federal contactors to engage in expanded efforts in outreach and recruitment
for women and minorities and make them aware of the job opportunities.
2. What are "Protected Classes"?
Federal employment laws prohibit discrimination against anyone on the basis
of membership in the following categories: age, disabilities, religion, national
origin, race, color, marital status and sex.
3. Why must we follow affirmative action employment policies?
As a recipient of federal funding, MUSC is required to have a written Affirmative
Action Plan.
4. 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.
These are used to analyze the demographics of the MUSC workforce in relation
to the demographics of the qualified and available regional and national
workforce. This data is used to determine what group(s) are underrepresented
for a given job classification and to set placement goals to address the
under-representation. The narrative portion of the plan provides details
about problem areas that impede equal representation among groups on campus
and the University’s commitment towards remedying inequities.
5. 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 under-represented 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. Judges mandate consent decrees when an organization has
been taken to court and has been found guilty of illegal discrimination. Consent
degree quotas are separate from Affirmative Action policies.
6. 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 under-represented 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.
7. What happens if we do not meet our placement goals?
While the placement goals are important, it is the demonstration of a good
faith effort to achieve those goals that 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.
8. 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 the response to Question #6.
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