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APPENDIX A AFFIRMATIVE ACTION Federal regulations and laws require that there be no dis- crimination in any conditions of employment including recruitment, hiring, layoff, discharge and recall, and in-service training; opportunities for promotion; participation in training programs; wages and salaries; sick leave time and pay; vacation time and pay; overtime work and pay; medical, hospital, life and accident insurance; and optional and compulsory retirement. Status and Orders Requiring Equal Employment Opportunity and Affirmative Action The Equal Pay Act of 1963, the first sex discrimination legislation enacted, requires equal pay for equal work regardless of sex. Title IX of the Education Amendments Act of 1972 extends the coverage to executive, administrative and professional em- ployees, including -all faculty; and to outside salespeople. The law is enforced by the Wage and Hour Division of the Employment Standards Administration of the Department of Labor, and reviews can be conducted without prior complaint. If a violation is found following a review, the employer is asked to settle by raising wages and awarding back pay to under- paid workers. Should the employer refuse, the Department of Labor is authorized to go to court. No affirmative action is required other than back pay. Executive Order 11246 as Amended by Executive Order 11375 prohibits discrimination in employment by all employers who hold federal contracts, and requires affirmative action programs by all federal contractors and subcontractors. Firms with contracts over $50,000 and 50 or more employees must develop and implement written programs of affirmative action. The Department of Labor through its Office of Federal Con- tract Compliance is responsible for all policy matters under the Executive Order. However, the Department of Health, Education and Welfare does the actual review and enforces the order in universities and colleges. Failure to follow the requirements of the Executive Order can result in the delay, suspension or termination of contracts. Title VI of the Civil Rights Act of 1964 forbids discrimina- tion against students on the basis of race, color or national origin in all federally assisted programs. Employment is not generally covered except when employment is the purpose of the assistance. The Department of Health, Education and Welfare is the enforcement agency. Affirmative actionvis not required, but can be imposed after a finding of discrimination. 135
Title IX of the Education Amendments of 1972 forbids dis- crimination on the basis of sex against students and employees in all federally assisted education programs in all institutions, public and private, that receive federal monies through grants, loans or contracts. The Department of Health, Education and Welfare is the enforcement agency. Affirmative action is not required, but can be imposed after a finding of discrimination. Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972 forbids discrimination on the basis of race, color, national origin, religion or sex in any term, condition or privilege of employment by unions and by employers. The law was amended on March 24, 1972 to cover all public and private educational institutions, as well as state and local governments, and applies to all employers, public or private, whether or not they receive any federal funds. Title VII covers all private employers of 15 or more persons, and is enforced by the Equal Employment Opportunity Commission (EEOC), which is appointed by the President. Employers are required not to discriminate in employment. Title VII does not require affir- mative action unless there is a finding of discrimination. The basic body of legal principles applying to employment discrimina- tion has been developed in Title VII litigation and in cases in- volving the 5th and 14th amendments to the Constitution. NOTE 1. Much of the material in this section was adapted with per- mission from "The Hand That Rocked the Cradle Has Learned to Rock the Boat" by Bernice Sandier from the series New Directions for Institutional Research; "Toward Affirmative Action" edited by Lucy Sells, Jossey Bass Publishing Company, 1974. 136
APPENDIX B INSTITUTIONAL CLASSIFICATIONS B-l. Ranking of Institutions by Federal R&D Expenditures B-2. Roose-Andersen Ratings of Departments 137
