EIU Office of Civil Rights and Diversity

Equal Employment Opportunity/Affirmative Action Process Questions and Answers

What is Affirmative Action?

Affirmative action is the deliberate undertaking of positive steps to design and implement procedures that ensure that an employer provides equal employment opportunity to all. Recruitment and selection of employees are two of the major components of any affirmative action plan. If recruitment efforts do not reach minorities and women, these groups tend to be underrepresented in an employer's workforce. The same thing will happen if testing procedures tend to screen out job applicants from protected groups.

What is EIU's Affirmative Action statement?

America draws its strength and vitality from the diversity of its people. Eastern Illinois University is enriched by building a pluralistic campus that celebrates and draws upon the talents of all its students, faculty, and staff.

Eastern Illinois University provides equality of opportunity in education and employment for all students and employees. Discrimination based upon race, color, sex, religion, age, national origin, ancestry, marital status, disability, Vietnam War veteran status, or any other basis of discrimination precluded by federal and state statues, is strictly prohibited. Moreover, as prescribed by federal guidelines, the University is committed to a program of affirmative action to alter patterns of employment which indicate under representation of members of minority groups and women. The University further pledges itself to a program of affirmative action as prescribed by statute to employ, and advance in employment, disabled veterans and veterans of the Vietnam War era. Internal Governing Policy 174.

Are there specific laws regarding affirmative action that apply to EIU?

Yes. Because EIU receives federal funding, several laws and executive orders apply to the University.

Executive Order 11246
Federal government contractors are prohibited from discriminating in employment on the basis of race, color, religion, sex, and national origin underExecutive Order 11246. In addition to prohibitions against discrimination, federal contractors are required to take affirmative action to ensure that applicants and employees are treated fairly without regard to their race, color, religion, sex, or national origin.

Vietnam-Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974
Section 4212 of the VEVRAA requires affirmative action in the hiring and promoting of qualified special disabled veterans, veterans of the Vietnam era, and other veterans who served on active duty during a campaign for which a campaign badge has been authorized. Contractors and subcontractors with 50 or more employees and contracts of $50,000 or more are required to prepare and maintain written affirmative action programs for the hiring and promoting of disabled, Vietnam-era, and other veterans who served on active duty during a campaign for which a campaign badge has been authorized.

Section 503 of Rehabilitation Act of 1973
Requires federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. Contractors and subcontractors with 50 or more employees and federal contracts of $50,000 or more are required to prepare and maintain written affirmative action programs for people with disabilities. Section 504 prohibits discrimination on the basis of disability in federally funded programs.

What other laws apply to EIU regarding equal employment opportunity?

There are several federal and state laws concerning discrimination and equal employment opportunity including the following:

Federal laws

Title VII of the Civil Rights Act of 1964 
Prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Employers are forbidden by Title VII from discriminating against any individual on a prohibited basis with respect to ``compensation, terms, conditions, or privileges of employment," or in recruiting, referring, hiring, or classifying applicants or members.

The Equal Pay Act of 1963 
Prohibits discrimination in pay based on gender. Equal pay must be given to men and women when they perform the same or substantially similar work.

The Immigration Reform and Control Act of 1986
Prohibits discrimination in employment based on national origin or citizenship status.

Title I of the Americans with Disabilities Act of 1990 
Prohibits discrimination against qualified individuals with disabilities. Additionally, the law requires employers to make reasonable accommodations for individuals covered under the act.

Title IX of the Education Amendments of 1972
Prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. This law applies to educational institutions both public and private, but not to private employers.

Pregnancy Discrimination Act of 1978
Amended the Civil Rights Act of 1964 to prohibit discrimination in employment based on pregnancy.

Illinois

The Illinois Human Rights Act
Ensures freedom from discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status or unfavorable discharge from military service in connection with employment. Additionally, the Act prohibits sexual harassment in employment as well as in higher education.