Effect of Proposal 2 on U-M as an Employer

MEMO TO: Deans, Directors, and Department Heads

FROM: Laurita Thomas
Associate Vice President for Human Resources

SUBJECT: Effect of Proposal 2 on U-M as an Employer

In the wake of last week's vote on Proposal 2, I want to provide some
important clarifications concerning the effect of the proposal on U-M as
an employer.

As President Coleman stated in her remarks to the community last
Wednesday, "The University of Michigan embraces, promotes, wants, and
believes in diversity." The passage of Proposal 2 does not change our
commitment, nor does it alter our employment practices or the
protections and requirements of various federal and state laws including
the Civil Rights Act of 1964, Title IX of the Education Amendments, the
Americans with Disabilities Act, and Michigan's Elliott-Larsen Civil
Rights Act, which prohibits a wide array of discrimination extending far
beyond issues of race and gender.

We must continue to work diligently to recruit and retain the best
faculty and staff by creating a community that seeks, welcomes and
defends diversity. We will do so in compliance with state and federal
laws, and federal law requires that we continue to take affirmative
steps (known as affirmative action) in our employment process in order
to adhere to the equal employment opportunity and affirmative action
provisions of Executive Order 11246 regarding race, gender, color,
religion and national origin required of all federal contractors.
Proposal 2 specifically states that it does not prohibit actions that
are required to establish or maintain eligibility for any federal
program, if ineligibility would result in a loss of federal funds to the
state.

WHAT THIS MEANS FOR U-M AS AN EMPLOYER

• The University's nondiscrimination policy remains in full force and
  effect (see SPG 201.35 http://spg.umich.edu/pdf/201.35.pdf).
• A host of federal and state civil rights laws, including those
  discussed above, continue to be in effect and applicable to the
  University.
• The University must continue to adhere to all the requirements of
  Executive Order 11246.
• As it relates to the employment process, Executive Order 11246
  requires all federal contractors, such as U-M, to take affirmative steps
  to ensure its employment process is fair and equitable and offers equal
  opportunity in hiring and employment. The types of affirmative steps
  required include a focus on recruiting and outreach, such as casting the
  widest net possible when conducting an employment search.
• EO 11246 also requires that federal contractors not discriminate
  against job applicants or employees.
• The University's standard statement in employment ads, "A
  Non-Discriminatory/Affirmative Action Employer" or similar language such
  as "Affirmative Action/Equal Opportunity Employer" is required by EO
  11246 and must continue to be used.

Although questions remain about the full impact of the proposal as well
as its applicability to higher education, we remain vigorously committed
to the advancement of equal opportunities for all.

If you have questions regarding the University's nondiscrimination
statement, diversity, or affirmative action, please contact the Office
of Institutional Equity <http://hr.umich.edu/oie/index.html>.