02.230 Equal Opportunity and Affirmative Action
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- 02.230 Equal Opportunity and Affirmative Action
The University of North Carolina Wilmington (“UNCW”) is committed to providing equal access to education and employment based on merit, qualifications, and business needs. The University does not engage in practices that unlawfully consider race, color, religion, sex, national origin, or other protected characteristics. All employment decisions—including hiring, promotion, compensation, and training—are made without regard to personal attributes unrelated to job performance.
Authority:
Chancellor
History
Revised August 18, 2025; Revised January 2023; Revised January 2022; Revised January 2017; Updated March 28, 2016; Revised September 7, 2012; Revised December 22, 2009; Revised and Reformatted July 8, 2005
Source of Authority:
41 CFR Part 60
Related Links:
Executive Order 14173; U.S. Department of Labor – Office of Federal Contract Compliance Programs; Chapter 126 N.C. Human Resources Act; G.S. 126-14.5 Compelled Speech Prohibited; 126-14.6 Ensuring Dignity and Nondiscrimination in State Government Workplaces; 300.5.1 Political Activities of Employees; 300.5.1 Political Activities of Employees, 300.8.5 Equality Within the University of North Carolina
Responsible Office:
Policy Details:
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Policy
The University of North Carolina Wilmington (“UNCW”) is committed to providing equal access to education and employment based on merit, qualifications, and business needs. The University does not engage in practices that unlawfully consider race, color, religion, sex, national origin, or other protected characteristics. All employment decisions—including hiring, promotion, compensation, and training—are made without regard to personal attributes unrelated to job performance.
UNCW is committed to fostering an educational and workplace environment that values individual initiative, excellence, and hard work. The University fully complies with all applicable state and federal anti-discrimination laws and does not operate any programs in violation of these laws. UNCW promotes merit-based opportunities and is dedicated to ensuring a non-discriminatory environment for all. The Associate Vice Chancellor for Human Resources serves as the University's designated Equal Employment Opportunity/Affirmative Action (EEO/AA) Officer.
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Implementation
This Policy is established in accordance with 41 CFR Part 60 and is implemented in accordance with the following laws, orders, and their amendments:
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Title IV of the Civil Rights Act of 1964
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Title VI of the Civil Rights Act of 1964
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Title VII of the Civil Rights Act of 1964
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Title IX of the Education Amendments of 1972
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Title II of the Genetic Information Nondiscrimination Act of 2008
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Age Discrimination in Employment Act
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Age Discrimination Act of 1975
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Equal Pay Act of 1963
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Section 504 of the Rehabilitation Act of 1973
- Section 503 of the Rehabilitation Act of 1973
- Americans with Disabilities Act of 1990
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ADA Amendments Act of 2008
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The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
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Violence Against Women Act (VAWA)
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Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA)
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The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
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Pregnant Workers Fairness Act (PWFA)
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North Carolina General Statutes § 143-422.1 et and Chapters 116, 126, 127B, and 168A
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- Affirmative Action
UNCW’s philosophy on equal employment opportunities is affirmed and promoted in the University's compliance with OFCCP requirements for Affirmative Action Plans for Individuals with Disabilities and Protected Veterans as required under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA). Qualified workers with a disability and protected veterans are invited to voluntarily self-identify themselves as disabled persons or protected veterans and can do so without fear of discrimination, harassment, retaliation, discharge, or disciplinary action. Unless otherwise allowed by law, the information voluntarily provided will be kept confidential, except that supervisors and managers may be informed about restrictions on the work or duties of disabled persons and about necessary accommodations.
Specific University policies address the reporting and resolution of complaints of discrimination, harassment, sexual misconduct, retaliation, and other behaviors that may be subject to discipline, are detailed in Section IV below.
IV. Reporting Violations of Policy
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Students
A student with a complaint of discrimination or retaliation is encouraged to utilize the appropriate University policy:
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For a complaint of gender-based or sexual misconduct or related retaliation against another student, see Policy 04.130 Student Gender-Based/Sexual Misconduct.
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For a complaint of discrimination or related retaliation against another student, see the Code of Student Life.
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For a complaint of discrimination, harassment, sexual misconduct or related retaliation against a faculty or staff member, see Policy 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct.
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EHRA Faculty, Senior Academic Administration Officers (SAAO), Exempt Professional Staff (EPS), and SHRA Employees
A Faculty and staff member with a grievance or complaint of discrimination or retaliation are encouraged to utilize the appropriate University policy for such complaints or grievances as follows:
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Complaint of discrimination, harassment, sexual misconduct or related retaliation against another faculty or staff member, see Policy 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct.
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Complaint of discrimination, harassment, sexual misconduct or related retaliation against a student, see Policy 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct.
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Grievance against an SHRA employee's supervisor, see Policy 08.520 SHRA Employee Appeals and Grievances.
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Grievance against an EHRA employee's supervisor concerning dismissal, disciplinary action that affects compensation, adverse employment actions, and other specifically enumerated matters, see Policy 08.521 EHRA Review and Appeal Procedures.
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For a faculty complaint or grievance, see the UNCW Faculty Handbook.
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Individuals may also contact the University's EEO/AA Officer at (910) 962-3160.
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External Reporting Options
The existence of these University policies and procedures does not prohibit individuals from also filing claims externally with the U.S. Equal Employment Opportunity Commission or with the Office for Civil Rights, U.S. Department of Education.
Acts of retaliation (adverse action) against any person who engages in a protected activity including their right to file a complaint or grievance as provided by policy and/or law is strictly prohibited and violations are subject to disciplinary action.
- Examples of protected activities include, but are not limited to,
- filing complaint or being a witness in a complaint or investigation
- communicating with a supervisor or manager about employment discrimination, including harassment
- answering questions during an investigation of alleged harassment
- refusing to follow orders that would result in discrimination
- resisting sexual advances, or intervening to protect others
- requesting reasonable accommodation for religious belief or a disability
- asking a manager or co-worker about salary information that might uncover potential wage discrimination.
- Examples of adverse actions include, but are not limited to,
- Reprimanding an employee or giving a performance evaluation that is lower than it should be.
- Transferring an employee to a less desirable position or schedule.
- Engaging in verbal or physical abuse.
- Increasing scrutiny of job performance.
- Spreading false rumors, treating a family member negatively (for example, cancelling a contract with the person's spouse); or
- Making a person's work more difficult (for example, purposefully changing the work schedule to conflict with family responsibilities).