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Frequently Asked Questions

What is Affirmative Action?

Affirmative action represents positive, good faith, specific steps taken in advertising, recruitment, hiring, promotion, training, retention and other employment processes that are designed and taken to eliminate the present effects of past discrimination against women, persons of color, covered veterans, and persons with disabilities in the workplace. Affirmative action seeks to maximize diversity and to redress perceived disadvantages due to overt, institutional or involuntary discrimination. It includes decisions involving hiring, promotion, reclassifications, transfers, terminations and compensation.

What is the difference between affirmative action, equal employment, and diversity?

Affirmative action seeks to ensure that qualified applicants and employees receive an equal employment opportunity. Equal Employment prohibits employment discrimination on the basis of race, color, age, national origin, sex, disability or religion. Diversity seeks to celebrate and include those human qualities that are different from our own and those of groups to which we belong.

What is Discrimination?

Discrimination is an act, or series of acts that adversely affect the employment opportunities of one or more individuals because of his, her, or their race, color, religion, sex, age, veteran status, national origin, disability, or any other factor that under state or federal laws may not be considered as a basis for employment. Unlawful discrimination may be intentional or unintentional. UAMS will not discriminate on the basis of race, color, gender, age, sexual orientation, religion, national origin, veteran status or disability status as a criterion in deciding against any individual in matters of admission, placement, transfer, hiring, dismissal, compensation, fringe benefits, training, tuition assistance and other personal or educationally-related actions.

Who is a Covered Veteran?

Covered veterans include Vietnam-era veterans, disabled veterans, special disabled veterans, recently separated veterans, Armed Forces Service Medal veterans, and any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

Who are Individuals with Disabilities?

Individuals with disabilities include any person who has a physical or mental impairment that substantially limits one or more of such person's major life activities; has a record of such an impairment; or is regarded as having such an impairment without reference to any mitigating measures available to the person.

Who are Persons of Color?

Persons of color include Black/African Americans, Hispanic/Latino Americans, Asian Americans, Native Hawaiian or other Pacific Islander Americans, Native Americans and Alaskan Natives.

What is the difference between goals and quotas?

Goals are projections an employer makes of the representation persons of color, women and protected class members are likely to achieve in positions in which they have been underutilized if the employer applies good faith efforts to assure that all aspects of the employer's affirmative action plan are made to work.

Quotas are the hiring and promotion of a specified number or ratio of persons of color, women or protected class members. Quotas are not the same as goals. They are illegal and may only be used if ordered by a court.

I have just applied for a position at UAMS and have been asked to disclose my race and sex. Do I have to give this information? 

If you are an applicant, this information is voluntary and not a condition of employment. However, this information is important for affirmative action recruitment purposes. The information is not given to the hiring department, and is kept in the Office of Human Resources for statistical purposes.

I just accepted a position at UAMS and have been asked for race and sex information. Do I have to give it?

Yes. UAMS is a federal contractor. UAMS is required to report information about its workforce, including race and sex data, to the federal government. You must provide this information after you are hired. This information is determined by self-identification. That is, you decide which of the five racial categories best describes you. The federal government has provided guidelines on who it sees as being part of each category. This information is used for statistical reporting to the federal government, accreditation bodies, grant-awarding agencies, as well as for internal benchmarking and review.


I would like to know the race and sex of several of the candidates we are thinking of interviewing. Can you give it to me?


We cannot give that information to hiring departments. We use that information for statistical purposes only. Because it is illegal to hire on the basis of race or sex, knowing that information could create a legal liability. Additionally, applicants are told that the information is voluntary, not a condition of employment, and will not be shared with the hiring authority.

Can you give me a list of all African American and Hispanic faculty on campus?

No. Although this information is required for federal reporting purposes, it is not public information.

 Is everything I tell you kept confidential?

We respect your desire for confidentiality. In most cases, however, it is necessary to share information with other people on campus strictly on a need-to-know basis. This helps to ensure a successful resolution to your situation.

I am about to advertise a vacant position in a newspaper or magazine. Do I have to put EEO/AA on the bottom of the ad?

At a minimum, you must put at the bottom of the ad, "UAMS is an Equal Opportunity and Affirmative Action Employer." You may also state "UAMS is an inclusive Equal Opportunity and Affirmative Action Employer and is committed to excellence." We do not consider the abbreviations sufficient notice.  


I am creating a publication. What wording do I need to add about accommodating people with disabilities in order to be in compliance with the Americans with Disabilities Act (ADA)?


You must make it clear that accommodations can be made for persons with disabilities. For example, you might include a statement such as "If you have a disability or need assistance, arrangements can be made to accommodate most needs." You must also list telephone numbers that people may call to arrange such accommodations.  

Why do we need affirmative action and equal employment opportunity at UAMS? 

UAMS is a federal contractor and receives millions of dollars in federal grants. As a matter of both institutional policy and its obligation as a federal government contractor, UAMS is committed to principles of diversity and affirmative action and will comply with all affirmative action requirements in accordance with law. As stated by Chancellor I. Dodd Wilson, "Our goal is excellence. By viewing all people as the potential pool of talent, UAMS has become stronger. We treat everybody on the basis of what they do, not on the basis of stereotypes. We judge on their performance. We are fair. We won't tolerate discrimination. UAMS is a better place because of our diversity."

What do I need to do if I have been a victim or witnessed someone being discriminated against?

UAMS abhors and condemns all forms of bigotry and racism. Such behavior is a violation of an individual's human rights and is also unlawful. UAMS does not tolerate discrimination on the basis of race, color, gender, age, sexual orientation, religion, national origin or disability status. All complaints or allegations of slurs, inscriptions, jokes, or other offensive behavior based on race, color, gender, age, sexual orientation, religion, national origin, or disability which occurs in the workplace or are related to the workplace are to be reported to the appropriate department head. Any employee, faculty member or student may also contact the Office of Human Resources should the complainant feel uncomfortable in reporting the incident to the department head.

Does support for affirmative action mean support for preferential selection procedures that favor unqualified candidates over qualified candidates?

No. Affirmative action seeks to recruit, employ and advance in employment qualified women, persons of color, persons with disabilities and covered veterans.

 



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