AAP Protected Veterans

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP)
AFFIRMATIVE ACTIO1N PROGRAM (AAP) FOR VEVRAA

Plan Effective Date: November 1, 2023
Plan Expiration Date: October 31, 2024
AAP Administrator: Lori Preiss, Associate Vice Chancellor for Human Resources
Approved by: Aswani K. Volety, Chancellor
Establishment's Name: UNCW
Establishment's Address: 601 S. College Rd. Wilmington, NC, 28403-5960

AFFIRMATIVE ACTION PROGRAM for PROTECTED VETERANS

CONFIDENTIAL TRADE SECRET MATERIALS

The material set forth in the AAP is deemed to constitute trade secrets, operations information, confidential statistical data, and other confidential commercial and financial data, within the meaning of the Freedom of Information Act, U.S.C. 552, Title VII of the Civil Rights Act of 1964 (as amended), 42 U.S.C. 2000e et seq., the Trade Secrets Act, 18 U.S.C. 1905, and 44 U.S.C. 3508, the disclosure of which is prohibited by law and would subject the individual making the disclosure to criminal and/or civil sanctions.

TABLE OF CONTENTS

1. Equal Employment Opportunity (EEO) Policy Statement (41 CFR 60-300.44(a))
2. Review of Personnel Processes (41 CFR 60-300.44(b))
3. Ill. Review of Physical and Mental Job Qualification Standards (41 CFR 60-300.44(c))
4. Reasonable Accommodation to Physical and Mental Limitations (41 CFR 60-300.44(d))
5. Anti-Harassment Procedures (41 CFR 60-300.44(e))
6. External Dissemination of Policy, Outreach, and Positive Recruitment (41 CFR 60-300.44(f))
7. Internal Dissemination of Policy (41 CFR 60-300.44(g))
8. Audit and Reporting Systems (41 CFR 60-300.44(h))
9. Responsibilities for Implementation (41 CFR 60-300.44(i))
   1. Responsibilities of Associate Vice Chancellor for Human Resources
   2. Responsibilities of Managers and Supervisors
10. Training (41 CFR 60-300.44(j))
11. Applicants and Hiring Data (41 CFR 60-300.44(k))
12. Hiring Benchmarks (41 CFR 60-300.45)

1. Equal Employment Opportunity (EEO) Policy Statement (41 CFR 60-300.44(a))
   (Print PDF: The linked PDF is for print purposes only)

   The EEO Policy Statement on the following page is posted on our company's bulletin board along with our required employment posters and is viewable by both employees and applicants. The Know Your Rights: Workplace Discrimination is Illegal poster is also posted on our company's bulletin board as well as made available electronically through our company website for viewing by online applicants.

   University of North Carolina Wilmington

   EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

   It is the policy of University of North Carolina Wilmington not to discriminate against any employee or applicant for employment because of his or her race, color, religion, sex, sexual orientation, gender identity, national origin, or because he or she is an individual with a disability or disabled veteran, Armed Forces service medal veteran, recently separated veteran, or active duty wartime or campaign badge veteran, or thereinafter referred collectively as "protected veterans." It is also the policy of University of North Carolina Wilmington to take affirmative action to employ and to advance in employment, all persons regardless of their status as individuals with disabilities or protected veterans, and to base all employment decisions only on valid job requirements. This policy shall apply to all employment actions, including but not limited to recruitment, hiring, upgrading, promotion, transfer, demotion, layoff, recall, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, at all levels of employment. Furthermore, the company will provide qualified applicants and employees who request an accommodation due to a disability with reasonable accommodations, as required by law.

   University of North Carolina Wilmington prohibits harassment of employees and applicants because they are individuals with disabilities or protected veterans. University of North Carolina Wilmington also prohibits retaliation against employees and applicants for filing a complaint, opposing any discriminatory act or practice, assisting or participating in any manner in a review, investigation, or hearing or otherwise seeking to obtain their legal rights under any Federal, State, or local EEO law requiring equal employment opportunity for individuals with disabilities and protected veterans. Prohibited retaliation includes, but is not limited to, harassment, intimidation, threats, coercion or other adverse actions that might dissuade someone from asserting their rights.

   As Chancellor of University of North Carolina Wilmington, I am committed to the principles of affirmative action and equal employment opportunity. In order to ensure dissemination and implementation of equal employment opportunity and affirmative action throughout all levels of the company, Lori Preiss has been assigned Associate Vice Chancellor for Human Resources duties for University of North Carolina Wilmington. One of the Associate Vice Chancellor for Human Resources's duties will be to establish and maintain an internal audit and reporting system to allow for effective measurement of University of North Carolina Wilmington's programs.

   In furtherance of University of North Carolina Wilmington's policy regarding affirmative action and equal employment opportunity, University of North Carolina Wilmington has developed a written Affirmative Action Program (AAP) which sets forth the policies, practices and procedures that University of North Carolina Wilmington is committed to in order to ensure that its policy of nondiscrimination and affirmative action for qualified individuals with disabilities and qualified protected veterans is accomplished. This AAP is available for inspection by any employee or applicant for employment upon request between 9:00 am to 5:00 pm at the Human Resources department. Any questions should be directed to me, your supervisor, or Lori Preiss, Associate Vice Chancellor for Human Resources.

   Aswani K. Volety
   Chancellor
   University of North Carolina Wilmington
   November 1, 2023

2. Review of Personnel Processes (41 CFR 60-300.44(b))

   University of North Carolina Wilmington complies with the requirement to "periodically review" its personnel processes by reviewing these processes annually to determine whether its present procedures assure careful, thorough, and systematic consideration of the qualifications of known protected veterans. As part of this review, University of North Carolina Wilmington also ensures that its personnel processes do not stereotype protected veterans in a manner which limits their access to all jobs for which they are qualified. This review covers all procedures related to the filling of job vacancies either by hire or by promotion, as well as to all training opportunities offered or made available to employees.

   The following is a set of procedures which may be used to meet the requirements of 41 CFR 60-300.44(b):

   1. Applicant records are maintained which indicate whether an applicant self-identified as a protected veteran. This information can be retrieved for review by the Department of Labor and the contractor's personnel officials for use in investigations and internal compliance activities.
   2. Records are maintained which indicate employees considered for competitive promotions within the organization. Employees are given the opportunity to voluntarily self-identify protected veteran status.
   3. Records are maintained regarding training opportunities granted to employees which include whether the employee has self-identified as a protected veteran.
   4. Any time a known protected veteran applicant or employee is rejected for employment, promotion, or training, the company prepares a statement outlining the reason.
   5. Requests for accommodation due to a disability are maintained along with the nature of the request and whether the accommodation was granted. If the accommodation was denied, the company prepares a statement describing the reason for denying the accommodation request. All accommodation records are treated as a confidential medical record in accordance with 41 CFR 60-300.23(d).

3. Review of Physical and Mental Job Qualification Standards (41 CFR 60-300.44(c))

   University of North Carolina Wilmington reviews the physical and mental job qualification standards of each job opening before it is publicly or internally posted to ensure that, to the extent that such qualification requirements tend to screen out qualified disabled veterans, they are related to the job(s) in question and consistent with business necessity and the safe performance of the job. The physical and mental qualifications are also reviewed as new jobs are established or job requirements are modified.

   All job qualification requirements were found to be job related and consistent with business necessity and safety. University of North Carolina Wilmington will continue to review physical and mental job qualification requirements whenever a job vacancy will be filled through either hiring or promotion and will conduct a qualifications review whenever job duties change.

   If University of North Carolina Wilmington at any time should inquire into an applicant's physical or mental condition or should conduct a medical examination, such inquiries or exams will be conducted in accordance with the VEVRAA regulations and the information obtained as a result of the inquiry or exam will be kept confidential, except as otherwise provided for in the VEVRAA regulations. The results of the examination or inquiry will only be used in accordance with the VEVRAA regulations.

4. Reasonable Accommodation to Physical and Mental Limitations (41 CFR 60-300.44(d))

   University of North Carolina Wilmington will continue its longstanding commitment to making reasonable accommodation to the known physical or mental limitations of qualified disabled veterans unless doing so would impose an undue hardship on the operation of its business. The company also commits to engaging in an interactive process with the person requesting the accommodation (or the person's representative), as needed, to determine an appropriate accommodation.

   If an employee who is known to be a qualified disabled veteran is having significant difficulty performing his or her job and it is reasonable to conclude that the performance problem may be related to the known disability, the manager or appropriate HR personnel will confidentially notify the employee of the performance problem and inquire whether the problem is related to the employee's disability. If the employee indicates that the performance problems are related to his or her disability, the employee is asked if reasonable accommodation is needed.

   In determining the extent of the company's accommodation obligations, the following factors are considered:

   1. Business necessity; and
   2. Financial cost and expense.

   University of North Carolina Wilmington will also ensure that all requests for reasonable accommodation and any medical or disability-related information provided to University of North Carolina Wilmington will be treated as confidential medical records and maintained in a separate medical file.

5. Anti-Harassment Procedures (41 CFR 60-300.44(e))

   Employees and applicants of University of North Carolina Wilmington will not be subject to harassment because of protected veteran status. Retaliation, including intimidation, threat, coercion, or discrimination, against an employee or applicant because they have objected to discrimination, engaged or may engage in filing a complaint, assisted in a review, investigation, or hearing or have otherwise sought to obtain their legal rights under any Federal, State, or local EEO law regarding protected veterans is prohibited. Any employee or applicant who believes that he or she has been subject to retaliation should promptly contact a manager in their chain of command, or promptly contact the Associate Vice Chancellor for Human Resources for assistance.

   This policy is made available for employees and applicants to view. Furthermore, University of North Carolina Wilmington monitors its environment for the presence of any forms of harassment, intimidation, or coercion and, where warranted, takes corrective action.

6. External Dissemination of Policy, Outreach, and Positive Recruitment (41 CFR 60-300.44(f))

   University of North Carolina Wilmington undertakes appropriate outreach and positive recruitment efforts to effectively attract protected veterans. In order to comply with the external dissemination of the EEO and Affirmative Action policy, the company provides written or electronic notification to all current subcontractors, vendors, and suppliers and will continue to do so on an annual basis. The company will also provide such notification to new subcontractors, vendors, and suppliers upon entering into a relationship with them. University of North Carolina Wilmington has informed its recruiting sources, including State employment agencies and local employment service delivery systems, of the company's policy concerning the employment of qualified protected veterans and will notify them of employment opportunities as they become available. University of North Carolina Wilmington requested all recruiting sources to actively recruit and refer qualified persons for job opportunities. University of North Carolina Wilmington will include the equal opportunity clause concerning the employment of qualified protected veterans in all non-exempt subcontracts and purchase orders.

7. Internal Dissemination of Policy (41 CFR 60-300.44(g))

   University of North Carolina Wilmington has developed internal procedures to communicate its obligation to engage in affirmative action efforts to employ and advance in employment qualified protected veterans.

   Procedures are designed to foster understanding, acceptance, and support among all employees and to encourage them to help University of North Carolina Wilmington meet this obligation.

   The company realizes that an outreach program is ineffective without the adequate internal support from management personnel and other employees. In order to ensure greater employee cooperation and participation in the company's affirmative action efforts, Associate Vice Chancellor for Human Resources has adopted policies and engaged in activities which are not limited to the following:

   1. Copy of our AAP for Protected Veterans is available for inspection to any employee or applicant upon request;
   2. EEO Policy Statement and the Know Your Rights: Workplace Discrimination is Illegal poster are placed on bulletin boards located throughout our facilities and work areas;
   3. Electronic versions of the EEO Policy Statement and the Know Your Rights: Workplace Discrimination is Illegal poster are clearly labeled and posted on the company's intranet;
   4. Meetings with executive, management, and supervisory personnel are held to explain the intent of the policy and individual responsibility for effective implementation;
   5. Managers and supervisors are provided with affirmative action and EEO training upon commencement of their management roles;
   6. Policy is discussed during employee orientation;
   7. Union officials and/or employee representatives are informed of these policies; and
   8. When employees are featured in publications, protected veterans are included when available.

8. Audit and Reporting Systems (41 CFR 60-300.44(h))

   The Associate Vice Chancellor for Human Resources has the responsibility for the preparation and implementation of the AAP. Responsibility for the effective implementation of the AAP is also vested with each department manager and supervisor.

   The following activities are reviewed at least annually to ensure freedom from discrimination against, or stereotyping of, protected veterans in any manner. During the self-audit, the following activities are reviewed:

   1. Recruitment, advertising, and job application procedures;
   2. Implementation of hiring, promotion, upgrading, award of tenure, layoff, and recall from layoff;
   3. Rates of pay and any other forms of compensation including fringe benefits;
   4. Job assignments, job classifications, job descriptions, and seniority lists;
   5. Awarding of sick leave, leaves of absence, or implementation of any other leave policies;
   6. Participation in training, mentoring, or apprenticeship programs, and attendance at professional meetings and conferences; and
   7. Application of any other term, condition, or privilege of employment, including participation in company-sponsored educational, training, recreational, and social activities.

   University of North Carolina Wilmington's audit system includes periodic reports provided by the Associate Vice Chancellor for Human Resources documenting any efforts to achieve its EEO/AAP responsibilities. Managers and supervisors are asked to report any current or foreseeable EEO problem areas and are asked to outline their suggestions/recommendations for solutions.

   The following documents are maintained as a component of University of North Carolina Wilmington's internal audit process: documentation of self-audit; summary data of personnel activity including external job offers and hires, promotions, resignations, terminations, and layoffs by job group relating to protected veterans; and an applicant flow log showing the name, race, ethnicity, sex, disability status, veteran status, date of application, job title, and action taken for all individuals applying for job opportunities.

9. Responsibility for Implementation (41 CFR 60-300.44(i))

   1. Responsibilities of Associate Vice Chancellor for Human Resources:

      Lori Preiss, the Associate Vice Chancellor for Human Resources, has been designated to direct the activities of the affirmative action program. This person has the responsibility for ensuring the effective implementation of the company's AAP. These responsibilities include, but are not limited to:

      1. Implementing the AAP for protected veterans, policy statements, personnel policies and procedures, internal and external communication of the policy, and monitoring the effectiveness of these actions;
      2. Reviewing all personnel actions, policies, and procedures to ensure compliance with University of North Carolina Wilmington's affirmative action obligations;
      3. Assisting Human Resources department with reviewing the qualifications of all applicants and employees considered/eligible for hiring, promotion, transfer, or layoff/reduction in force to ensure qualified protected veterans are treated in a nondiscriminatory manner when hiring, promotion, transfer, or layoff/reduction in force occur;
      4. Assisting in the development of solutions for any identified problem areas;
      5. Monitoring the effectiveness of the program on a continuing basis through the development and imple entation of an internal audit and reporting system that measures the effectiveness of the program;
      6. Keeping management informed of equal opportunity progress and problems within the company through, at a minimum, periodic reports;
      7. Providing department managers with a copy of the AAP for protected veterans and reviewing the program with them on an annual basis to ensure knowledge of their responsibilities for implementation of the program;
      8. Reviewing the company's AAP for protected veterans with all managers and supervisors at all levels to ensure that the policy is understood and is followed in all personnel activities;
      9. Assisting in ensuring that career development of employees who are protected veterans is equal to that of other employees;
      10. Auditing the contents of company bulletin boards to ensure that required information is posted and up-to-date;
      11. Serving as a liaison between University of North Carolina Wilmington and enforcement agencies; and
      12. Serving as a liaison between University of North Carolina Wilmington and outreach and recruitment sources for protected veterans.

   2. Responsibilities of Managers and Supervisors:  

      Managers and supervisors are advised annually of their responsibilities under the company's AAP for protected veterans. These responsibilities include, but are not limited to:

      1. Reviewing the company's affirmative action policy for protected veterans with subordinate managers and supervisors to ensure that they are aware of the policy and understand their obligation to comply with it in all personnel actions;
      2. Reviewing the qualifications of all applicants and employees to ensure qualified individuals are treated in a nondiscriminatory manner when hiring, promotion, transfer, or layoff/reduction in force occur; and
      3. Reviewing all employees' performance to ensure that non-discrimination is adhered to in all personnel activities.

10. Training (41 CFR 60-300.44(j))

    All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes receive annual training regarding University of North Carolina Wilmington's AAP and their role in its implementation. Employees hired or promoted into these roles also receive training on regulatory requirements under Vietnam Era Veterans' Readjustment Assistance Act soon after being hired or placed into these roles.

    During the annual training, personnel are advised of their responsibilities under the AAP for protected veterans and of their obligations to:

    • Assist in the identification of problem areas, formulate solutions, and establish departmental goals and objectives when necessary;
    • Ensure qualified applicants and employees who are protected veterans are treated in a nondiscriminatory manner in all employment practices, including when making selection decisions, such as for hire, promotion, training, or to receive awards or bonuses;
    • Provide reasonable accommodation to the known physical or mental limitations of qualified disabled veterans unless such accommodation would impose an undue hardship on the conduct of its business;
    • Maintain confidentiality of any information regarding self-identification of protected veteran status; and
    • Ensure that nondiscrimination is adhered to in all personnel activities.

11. Applicant and Hiring Data (41 CFR 60-300.44(k))

    University of North Carolina Wilmington collects employee data pertaining to protected veterans to assess the effectiveness of the company's outreach and recruitment efforts. We invite applicants to voluntarily inform the company whether they believe they are protected veterans in compliance with the VEVRAA requirements. This data will be maintained for three years.

12. Hiring Benchmarks (41 CFR 60-300.45)

    University of North Carolina Wilmington has adopted the national percentage of veterans in the civilian labor force provided by OFCCP as its hiring benchmark for the AAP year. This benchmark is used as one of the criteria in its assessment of the effectiveness of its outreach and recruitment efforts.