Equal Employment Opportunity
At the University of Notre Dame, we are guided both by the letter and spirit of the laws described below, as well as by our belief in the value of diversity to our Catholic community.
Equal opportunity in employment is governed by a variety of federal laws. The major applicable federal laws are Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Equal Pay Act, and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). Collectively, these laws prohibit discrimination in all terms and conditions of employment - including hiring, compensation, training, promotion, and termination - based on race, color, religion, national or ethnic origin, sex, including sexual orientation, pregnancy and gender identity, mental or physical disability, veteran status, and age. The majority of these laws are enforced by the Equal Employment Opportunity Commission, more commonly known as the EEOC.
The University of Notre Dame is dedicated to equal employment opportunity and to the implementation of positive programs designed to ensure the prevention of any discriminatory practices, either intentional or inadvertent, with respect to race, color, national or ethnic origin, disability, veteran status, age, or sex. The University is completely committed to full compliance with the letter and spirit of the Civil Rights Act of 1964, Executive Order 11246, the Americans With Disabilities Act of 1990, the Vietnam Era Veterans Readjustment Assistance Act of 1972, the Rehabilitation Act of 1973, and all other federal, state, and local laws concerning equal opportunities.
It is the policy of the University of Notre Dame to:
- Recruit, hire, train, and promote persons in all job titles without regard to race, color, national or ethnic origin, disability, veteran status, age or sex (except where sex is a bona fide occupational qualification).
- Base employment decisions in a way that furthers the principle of equal employment opportunity.
- Ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities.
- Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, University sponsored training, social and recreational programs, education, and tuition assistance will be administered without regard to race, color, national or ethnic origin, disability, veteran status, age, or sex.
In addition to the laws mentioned above, equal opportunity in higher education is also governed by Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Like their employment law counterparts, these laws collectively prohibit discrimination in educational programs or activities based on race, national origin, and sex. These laws are enforced by a division of the Department of Education known as the Office for Civil Rights (OCR).
Affirmative action in employment applies to federal contractors (such as the University of Notre Dame) and is governed by Executive Order (EO) 11246. EO 11246 prohibits discrimination by federal contractors and requires federal contractors to prepare annual Affirmative Action Programs (AAPs). These AAPs include several statistical analyses regarding employees and employment practices. EO 11246 is enforced by a division of the Department of Labor known as the Office of Federal Contractor Compliance Programs (OFCCP). The University of Notre Dame prepares annual AAPs for faculty, staff, veterans, and individuals with disabilities.
"Affirmative action" does not require any employer to hire individuals on the basis of any protected characteristic. "Quotas" in any form are not allowed under federal law. Rather, the concept of affirmative action in employment is for employers to rid themselves of obstacles that might prohibit minorities and women from receiving fair treatment, and to produce applicant pools of diverse and qualified individuals.
For more information regarding the OFCCP and AAPs, please see the U.S. Department of Labor’s website: http://www.dol.gov/ofccp/.