UTMDACC INSTITUTIONAL POLICY # ADM0287 AFFIRMATIVE ACTION POLICY PURPOSE The purpose of this policy is to: Communicate the institution’s commitment to the principles of Affirmative Action; and Ensure compliance with Affirmative Action legislation (see references). POLICY STATEMENT It is the policy of The University of Texas MD Anderson Cancer Center (MD Anderson) to maintain and implement Affirmative Action Programs (AAP). These programs cover employment practices for designated protected groups (e.g., women, minorities, disabled individuals, and veterans of the Vietnam era). SCOPE This policy applies to all regular, full-time, and part-time employees regardless of classification to include faculty. In addition, this policy applies to all job applicants. This policy does not apply to students, trainees, visiting professionals, and temporary employees. Compliance with this policy is the responsibility of all faculty, trainees/students, and other members of MD Anderson’s workforce. TARGET AUDIENCE The target audience for this policy includes, but is not limited to, all job applicants and all regular, full-time, and part-time employees regardless of classification to include faculty. DEFINITIONS AAP Plan: An annual document that serves as a guide to employment actions during the plan year. The plan includes analyses of the current workforce compared with the labor area and the internal pool of transferable/promotable employees. These analyses help determine Underutilization of female and minority groups. Affirmative Action: Positive procedures undertaken by federal contractors to provide equal employment opportunities for applicants and employees. Page 1 of 5 UTMDACC INSTITUTIONAL POLICY # ADM0287 Affirmative Action Program (AAP): Defined by the Office of Federal Contract Compliance as a set of specific and result-oriented procedures to which a contractor commits to apply every good faith effort in order to achieve prompt and full utilization of minorities and women at all levels and in all segments of the workforce where deficiencies exist. Executive Order 11246: An Executive Order issued in 1965 that requires all federal contractors to be nondiscriminatory in their employment decisions and to engage in Affirmative Action to increase the employment opportunities of females and minorities. Federal contractors are establishments with more than 50 employees and whose contracts exceed $50,000 during any 12-month period. The Department of Labor enforces Executive Order 11246 through the Office of Federal Contract Compliance Programs (OFCCP). Goals: Objectives (not fixed quotas) set for a job group identified as underutilized. The federal contractor must demonstrate "good faith efforts" to attain goals. In addition to making good faith efforts to meet established Affirmative Action goals, MD Anderson’s commitment extends to having our workforce more nearly reflect the diversity of the population of the communities we serve and our client base. Section 503 of the Rehabilitation Act of 1973 as amended (referred to as 29 U.S.C. 793 or Sec. 503): Requires Government contractors and subcontractors to take Affirmative Action to employ and advance in employment qualified individuals with disabilities. Under the Act, contractors cannot discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. Underutilization: As defined by the OFCCP, is having fewer minorities or women in a particular job group than would reasonably be expected by their availability. Underutilization is not an admission of impermissible conduct. It is neither a finding of discrimination nor a finding of a lack of good faith Affirmative Action efforts. It is a technical targeting term used by Affirmative Action planners. The Vietnam Era Veterans' Readjustment Assistance Act of 1974 as amended (referred to as 38 U.S.C. 4212 or VEVRAA): Requires Government contractors and subcontractors to take Affirmative Action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans, and other protected veterans. PROCEDURE 1.0 Development and Maintenance of AAP Plan Human Resources produces and maintains an annual Affirmative Action Program (AAP) Plan in compliance with the provisions outlined in Executive Order 11246 , Sec. 503, VEVRAA, and their implementing regulations. 2.0 Management Review 2.1 Human Resources prepares an annual report of the institution’s Affirmative Action Goals which are presented to upper management. 2.2 Human Resources communicates placement Goals to related managers and identifies annual action plans. Page 2 of 5 UTMDACC INSTITUTIONAL POLICY # ADM0287 3.0 Communication Efforts Human Resources communicates the institutional commitment to Affirmative Action to applicants and employees in a number of ways, including written materials, job postings, meetings, and advertisements. 4.0 Inquiries The plan is available for inspection in Human Resources in accordance with applicable regulations. Page 3 of 5 UTMDACC INSTITUTIONAL POLICY # ADM0287 ATTACHMENTS / LINKS None. RELATED POLICIES None. JOINT COMMISSION STANDARDS / NATIONAL PATIENT SAFETY GOALS None. OTHER RELATED ACCREDITATION / REGULATORY STANDARDS None. REFERENCES Executive Order 11246, as amended. Section 503 of the Rehabilitation Act of 1973. Vietnam Era Veterans Readjustment Assistance Act of 1974. . Page 4 of 5 UTMDACC INSTITUTIONAL POLICY # ADM0287 ___________________________________________________________________________________ POLICY APPROVAL Approved With Revisions Date: 01/14/2014 Approved Without Revisions Date: Implementation Date: 01/14/2014 Version: 14.0 ___________________________________________________________________________________ RESPONSIBLE DEPARTMENT(S) Human Resources Page 5 of 5
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