Equal Opportunity and Affirmative Action
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, Rehabilitation Act, Age Discrimination in Employment Act, Equal Pay Act, and VEVRAA. Collectively, these laws prohibit discrimination in all terms and conditions of employment - including hiring, compensation, training, promotion, and termination - based on race/ethnicity, color, national origin, sex, disability, veteran's status, and age. The majority of these laws are enforced by the federal Equal Employment Opportunity Commission, frequently known as the EEOC.
In addition to those mentioned above, equal opportunity in higher education is also governed by Titles VI and IX. 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 11246. Essentially, EO 11246 prohibits discrimination by contractors based on race, sex, color, and national origin, and requires federal contractors to prepare annual Affirmative Action Programs (AAPs). These AAPs include multiple 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). At Notre Dame, the Office of Institutional Equity prepares annual AAPs for faculty, staff, and individuals with disabilities & veterans.
Contrary to popular public belief, "affirmative action" does not require any employer or educational institution to hire or admit any certain individuals. "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 from which to select employees. The concept of affirmative action in educational admissions essentially allows educational institutions to consider race as one factor in making an individualized consideration of applications.
At the University of Notre Dame, we are guided both by the letter and spirit of the laws described above, as well by the understanding of the value of diversity to this Catholic community.