Equal Opportunity, Equal Access and Affirmative Action (III.C.2)

Volume III: Ethics
Chapter C: Equal Opportunity
Responsible Executive: President
Responsible Office: Office of the Vice President for Ethics and Compliance
Date Issued: December 22, 2010
Date Last Revised: August 1, 2021

TABLE OF CONTENTS

Contacts
Statement of Policy
Reason for This Policy
Individuals and Entities Affected by This Policy
Exclusions
Responsibilities
Definitions (defined terms are capitalized throughout the document)
Related Documents, Forms and Tools
Website Address for This Policy
History and Updates
Appendix 

CONTACTS

STATEMENT OF POLICY

Purdue University is committed to maintaining an inclusive community that recognizes and values the inherent worth and dignity of every person; fosters tolerance, sensitivity, understanding and mutual respect among its members; and encourages individuals to strive to reach their own potential. In pursuit of its goal of academic excellence, Purdue University seeks to develop and nurture its diversity. The University believes that diversity among its many members strengthens the institution, stimulates creativity, promotes the exchange of ideas and enriches campus life.

Purdue University views, evaluates and treats all persons in any university-related activity or circumstance in which they may be involved solely as individuals on the basis of their own personal abilities, qualifications and other relevant characteristics.

Purdue University does not condone and will not tolerate Discrimination against any individual on the basis of race, religion, color, sex, age, national origin or ancestry, genetic information, disability, status as a veteran, marital status, parental status, sexual orientation, gender identity or gender expression. Purdue University promulgates policies and programs to ensure that all persons have equal access to its employment opportunities and educational programs, services and activities. The principal objective of this policy is to provide fair and consistent treatment for all students and employees of the University. Purdue is committed to increasing the recruitment, selection and promotion of faculty and staff at the University who are racial or ethnic minorities, women, persons with disabilities and veterans. The University also is committed to policies and programs that increase the diversity of the student body.

Application of this Policy to Employment and Education

All aspects of the employment relationship, including recruitment, selection, hiring, training, professional development, tenure, promotion, compensation and separation, are administered in accordance with this policy. Notwithstanding the prohibition against Discrimination, the University may, without violating this prohibition, provide different benefit packages to employees who have a spouse and/or dependent children than are provided to other employees.

Purdue University provides Reasonable Accommodations to qualified employees with disabilities. It also promotes the full realization of equal employment opportunity through a comprehensive affirmative action program applying to all units.

All policies and procedures applicable to students are administered in accordance with this policy. Purdue University provides Academic Adjustments and Auxiliary Aids and Services to qualified students with disabilities in accordance with federal law.

Reporting and Addressing Discrimination

This policy seeks to encourage faculty, staff and students to report and address incidents of Discrimination. Discrimination complaints will be addressed promptly and consistently, using procedures that are fair and effective from the point of view of the person and the University, and be resolved at the lowest organizational level possible. The Procedures for Resolving Complaints of Discrimination and Harassment, as issued and updated from time to time by the Vice President for Ethics and Compliance, describe the necessary steps for filing complaints of Discrimination.

Affirmative Action Programs

As a federal contractor, each campus within the Purdue University system is required to develop and maintain a written affirmative action program, which is a set of specific results-oriented actions and procedures to which the University commits itself. These programs must be updated annually and be made available for inspection.

Violations of this Policy

Any individual or group of individuals found to have violated this policy will be subject to disciplinary or remedial action, up to and including termination of employment or expulsion from the University. Faculty and staff who are determined to have violated this policy also may be held personally liable for any damages, settlement costs or expenses, including attorney fees incurred by the University.

False Allegations, Statements and Evidence

This policy may not be used to bring knowingly false or malicious charges against any faculty, staff, students or Recognized Student Organizations, including fraternities, sororities and/or cooperatives. Disciplinary action will be taken against any person or group found to have brought a charge of Discrimination in bad faith or any person who, in bad faith, is found to have encouraged another person or group to bring such a charge. In addition, individuals who knowingly provide false statements or evidence, or who deliberately mislead a University official conducting an investigation under this policy may be subject to discipline under this policy or another University policy or process.

Retaliation Prohibited

The University prohibits Retaliation against any individual for the purpose of interfering with any right or privilege secured by this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Discrimination investigation or proceeding.

No Waiver

Nothing contained in this policy should be interpreted as a waiver by Purdue University of its sovereign immunity, immunity pursuant to the 11th Amendment of the U.S. Constitution or any other immunity or defense available under state or federal laws.

REASON FOR THIS POLICY

As a land-grant university, Purdue University is committed to the principles of affirmative action and equal opportunity in education and employment. We take seriously our responsibility to provide leadership in ensuring that equal employment opportunity is the norm rather than an aspiration.

This policy helps to further the resolution of the Board of Trustees and to ensure the University’s compliance with state and federal laws and regulations, including but not limited to: 

• Age Discrimination Act of 1975
• Age Discrimination in Employment Act of 1967
• Americans with Disabilities Act of 1990, as amended
• Executive Order 11246, as amended
• Equal Pay Act of 1963
• Genetic Information Nondiscrimination Act of 2008
• Immigration Reform and Control Act of 1986
• Indiana Civil Rights Act of 1971
• Pregnancy Discrimination Act
• Sections 503 and 504 of the Rehabilitation Act of 1973
• Title VI of the Civil Rights Act of 1964, as amended
• Title VII of the Civil Rights Act of 1964, as amended
• Title IX of the Education Amendments of 1972.
• Uniformed Services Employment and Reemployment Rights Act of 1994
• VEVRAA, Section 4212

INDIVIDUALS AND ENTITIES AFFECTED BY THIS POLICY

All Purdue University community members.

EXCLUSIONS

There are no exclusions to this policy.

RESPONSIBILITIES

President of Purdue University

• Overall responsibility for the successful implementation of Purdue University's equal opportunity, equal access and affirmative action policies.

Chancellors

• Establish goals and action-oriented programs that integrate equal opportunity, equal access and affirmative action principles and objectives into all decisions concerning employees and students on his or her campus.
• Appoint an EO/AA Officer and an ADA Coordinator for their campus.

Vice President for Ethics and Compliance

• Serve as Purdue University's equal opportunity officer.
• Develop system-wide policies pertaining to equal opportunity, equal access and affirmative action in cooperation with other University officers.
• Issue and update Procedures for Resolving Complaints of Discrimination and Harassment.
• Coordinate the resolution of all Discrimination complaints filed with external agencies, and oversee and coordinate internal Discrimination grievance procedures in consultation with University officers, Chancellors and legal counsel.

Vice President for Human Resources

• Ensure equal employment opportunity, equal access and affirmative action concepts are included in University personnel policies and procedures and that recruitment and hiring practices and training programs follow those same concepts where applicable.
• Provide guidance and support to University offices or departments in the exercise of their equal employment opportunity, equal access and affirmative action responsibilities.

Vice Provost and Vice Chancellors for Student Life/Affairs

• Ensure equal opportunity and equal access concepts are included in the policies, procedures, programs, services and activities of the University concerning students.

Vice Presidents, Vice Chancellors, Vice Provosts and Deans

• Establish goals and action-oriented programs within their units that integrate equal opportunity, equal access and affirmative action principles and objectives into all decisions within their areas of responsibility.
• Review recommendations for hiring, compensation, promotion, transfer, reassignment and termination for compliance with the University's affirmative action program in both procedure and outcome, and review the qualifications of applicants and reasons for selection to ensure that minorities, women, persons with disabilities and veterans are given full opportunities for hire and promotion (or designate responsibility for such).

Director of Compliance

• Develop and disseminate affirmative action data.
• Provide technical assistance to Regional Campus EO/AA Officers.
• Serve as a resource to and coordinator of systemwide affirmative action activities and programs.
• At the West Lafayette campus, develop programs related to affirmative action in coordination with other University offices; assist individual units with the development, implementation and oversight of their affirmative action programs for academic and nonacademic employees; develop internal monitoring and reporting systems; and perform required analyses of affirmative action data.

Director of the Office of Institutional Equity

• Provide technical assistance to Regional Campus EO/AA Officers.
• Serve as a resource to and coordinator of systemwide equal employment opportunity and equal access activities and programs.
• Serve as the campus liaison with federal and state enforcement agencies and community action groups and as the ADA Coordinator for the West Lafayette campus.
• Serve as the Title IX Coordinator for the West Lafayette campus.
• At the West Lafayette campus, develop policies, procedures and programs related to equal employment opportunity and equal access in coordination with other University offices; assist individual units with the development, implementation and oversight of their equal employment opportunity and equal access programs; and develop internal monitoring and reporting systems.

EO/AA Officers at the Fort Wayne, Hammond and Westville Campuses

• Develop, implement and monitor their campus’s equal employment opportunity, equal access and affirmative action programs and coordinate these efforts with the Director of the Office of Institutional Equity and/or the Director of Compliance as necessary.
• Serve as the Title IX Coordinator for their respective campuses.

Department Heads, Directors and Supervisors

• Promote equal employment opportunity and make good faith efforts to achieve affirmative action goals.

All Units

• Include equal employment opportunity, equal access and affirmative action efforts and results in evaluations of administrators and supervisors.

Mandatory Reporters

• Report all incidents of Discrimination, harassment or retaliation directly to the campus Title IX Coordinator or EO/AA Officer.

Individuals Who Believe They Have Experienced or Witnessed Discrimination

• Report the incident as described in the Procedures for Resolving Complaints of Discrimination and Harassment.

DEFINITIONS

All defined terms are capitalized throughout the document. Refer to the central Policy Glossary for additional defined terms.

Academic Adjustments
An academic modification or  adjustment that minimizes or eliminates the impact of a disability, allowing the individual to gain equal access and have an equal opportunity to participate in the University's courses, programs, services, activities and facilities.

ADA Coordinator
The Americans with Disabilities Act Coordinator.

Auxiliary Aids and Services
A wide range of services and devices that enable persons with disabilities to have an equal opportunity to participate in, and enjoy the benefits of, Purdue University’s programs and activities.

Discrimination
The process of illegally differentiating between people on the basis of group membership rather than individual merit. Systemic discrimination may occur when unequal treatment results from neutral institutional practices that continue the effect of past discrimination. Individual discrimination may result when a person is subjected to unequal treatment on the basis of race, religion, color, sex, age, national origin or ancestry, genetic information, disability, status as a veteran, marital status, parental status, sexual orientation, gender identity or gender expression.

EO/AA Officer
Equal Opportunity/Affirmative Action Officer.

Mandatory Reporter
Individuals employed by the University who hold a title of or equivalent to President, Chancellor, vice president, vice chancellor, vice provost, dean, department head and director, as well as all employees in supervisory or management roles, and other staff who have authority and responsibility to initiate corrective measures on behalf of the University.

Reasonable Accommodations
A wide range of modifications that allow otherwise qualified applicants or employees with disabilities to perform the essential functions of a position. Such modifications may be deemed reasonable if they do not result in an undue burden on Purdue University or its operations.

Retaliation
Any overt or covert act of reprisal, interference, restraint, penalty, Discrimination, intimidation, or harassment against any person or group for reporting or complaining of Discrimination and/or harassment, assisting or participating in the investigation of a complaint of Discrimination and/or harassment, or enforcing University policies with respect to Discrimination and/or harassment.

RELATED DOCUMENTS, FORMS AND TOOLS

Board of Trustees resolution dated December 18, 2010

Policies, Standards and Operating Procedures:

• Anti-Harassment (III.C.1): www.purdue.edu/policies/ethics/iiic1.html
• Electronic Information, Communication and Technology Accessibility (S-5): www.purdue.edu/policies/information-technology/s5.html
• Nondiscrimination Policy Statement: purdue.edu/purdue/ea_eou_statement.php
• Operating Procedures for Service Animals on Campus: www.purdue.edu/ethics/resources/service-animals-on-campus.php
• Procedures for Requesting and Implementing Curricular Accommodations: www.purdue.edu/ethics/resources/curricular_accommodations.php
• Procedures for Requesting and Implementing Student Life Accommodations: https://www.purdue.edu/ethics/resources/Student%20Life%20.php
• Procedures for Resolving Complaints of Discrimination and Harassment: purdue.edu/ethics/resources/resolving-complaints.php
• Title IX Harassment (III.C.4): www.purdue.edu/policies/ethics/iiic4.html
• Human Resources Accomodation Request Process: 
  https://www.purdue.edu/hr/ADA/accommodation-request-process.php
• Disability Resource Center Student Accommodations and Services: 
  https://www.purdue.edu/drc/students/accommodations-services.php

University Title IX website: www.purdue.edu/titleix/index.php

Websites for governing bodies with oversight for applicable laws and regulations:

• Indiana Civil Rights Commission: www.in.gov/icrc
• U.S. Department of Education Office for Civil Rights: www2.ed.gov/about/offices/list/ocr/index.html
• U.S. Department of Justice, Americans with Disabilities Act: www.ada.gov/
• U.S. Department of Labor Office of Federal Contractor Compliance Programs: www.dol.gov/agencies/ofccp
• U.S. Equal Employment Opportunity Commission: www.eeoc.gov

WEBSITE ADDRESS FOR THIS POLICY

www.purdue.edu/policies/ethics/iiic2.html

HISTORY AND UPDATES

August 1, 2021: Interim status removed.

August 14, 2020: Updated Contacts section. Added new sections to Statement of Policy on (1) False Allegations, Statements and Evidence and (2) Retaliation Prohibited that expand on the previous language. Removed responsibility for serving as systemwide Title IX Coordinator from the VPEC. Updated definition of Mandatory Reporters. Updated links in Related Documents, Forms and Tools section.

July 1, 2018: Contacts section updated.

August 1, 2017: Reference to same-sex domestic partners removed in compliance with Board of Trustees resolution from December 19, 2015.

July 1, 2016: Minor updates to policy, mainly to Contacts section.

June 1 2015: Policy formatted into new template. Responsibilities added for Director of Compliance, Mandatory Reporters and individuals who believe they have experienced or witnessed discrimination. Executive Director of the Office of Institutional Equity named as West Lafayette Title IX Coordinator and VPEC named as system Title IX Coordinator. Definition of Retaliation updated. Contacts and hyperlinks updated.

April 27, 2012: Contacts section updated.

November 18, 2011: Policy number changed to III.C.2 (formerly X.2.2) and website address updated.

May 27, 2011: Contacts section updated.

May 1, 2011: This policy supersedes Equal Opportunity, Equal Access and Affirmation Action, Interim (X.2.2) dated December 22, 2010.

December 22, 2010: This policy supersedes the Reaffirmation of University Policy on Equal Employment Opportunity and Affirmative Action (Executive Memorandum No. D-1) dated January 8, 2001, and December 31, 2002. It has been formatted in the current policy template and updated to comply with the Board of Trustees’ resolution dated December 18, 2010, which expands the University’s nondiscrimination commitment to include the bases of genetic information, gender identity and gender expression.

APPENDIX

There are no appendices to this policy.