Equal Employment FAQs

What is equal opportunity employment?

Equal opportunity employment describes a broad range of activities that help the University ensure the integrity of its workplace processes across the full employment lifecycle. It includes examining the policies, practices, and procedures the University implements to attract excellent talent from all walks of life and to ensure that all qualified applicants and employees receive an equal opportunity for recruitment, retention, selection, advancement, training, development, and every other condition and privilege of employment.

For whom is action taken to promote equitable processes?

Everyone. The goal of approaching employment with a focus on fairness and removing barriers to participation in processes based on merit is equal opportunity.

Do processes that center equal opportunity employment require quotas?

No. Using quotas for employment decisions is impermissible under U.S. Civil Rights laws relating to employment, many of which have been in place since the 1960s. All employment decisions must be based on merit. Basing an employment action on race, national origin/ethnicity, sex, or any criteria other than the qualifications shown to be necessary or predict success in a particular position is generally prohibited.  

As an equal opportunity employer, the University is required to solicit certain demographic information from applicants, as well as faculty and staff. A variety of federal and state laws and regulations mandate the University to request this information. The University also offers individuals the opportunity to identify information beyond those minimally required as we seek to be an employer of choice that understands and supports our entire workforce.

Providing any demographic information is strictly voluntary and confidential. Electing to provide or not to provide any of this information will in no way subject an applicant or employee to adverse action.

The following FAQs contain additional information with respect to the demographic areas for which an applicant or employee is asked to self-identify and how the data is used by the University:

Why does the University ask about my race/ethnicity?

Race/ethnicity data must be collected for reporting in the categories identified by the Federal Office of Management and Budget (OMB). The U.S. Department of Education Integrated Post-Secondary Data System (IPEDS) maintains a website outlining the categories. Here are a couple of the primary reasons why the University requests race/ethnicity information from job applicants, faculty, and staff:

1. In accordance with the Higher Education Act of 1965, the University must annually report race/ethnicity of its faculty and staff to the U.S. Department of Education through IPEDS. As an institution of higher education, this report is comparable to reports private sector employers are required to make to the U.S. Equal Employment Opportunity Commission (EEOC) via the EEO-1 survey.
2. The University, as an agency of the Commonwealth of Virginia, is subject to the various state policies and regulations that require the University to collect and maintain race/ethnicity information. Voluntary provision of race/ethnicity by individuals is the most preferred method for obtaining this data.

 

However, it is important to note that the above-referenced federal and state record keeping obligations require the University to obtain race/ethnicity information even when an individual refuses to self-identify. In such situations, the University will seek to obtain the required information from other employment records and/or visual identification. Such practices are aligned with EEOC Guidance.

Why does the University ask about my gender (legal sex)?

Here are a couple of the primary reasons why the University requests gender (legal sex) information from job applicants, faculty, and staff:

1. In accordance with the Higher Education Act of 1965, the University must annually report the gender (legal sex) of its faculty and staff to the U.S. Department of Education through the Integrated Post-Secondary Education Data System (IPEDS). As an institution of higher education, this report is comparable to reports private sector employers are required to make to the U.S. Equal Employment Opportunity Commission (EEOC) via the EEO-1 survey.
2. The University, as an agency of the Commonwealth of Virginia, also is subject to various state policies and regulations that require the University to collect and maintain gender (legal sex) information. Voluntary provision of gender (legal sex) information by individuals is the most preferred method for obtaining this data.

 

However, it is important to note that the above-referenced federal and state record keeping obligations require the University to obtain gender (legal sex) information even when an individual refuses to self-identify. In such situations, the University will seek to obtain the required information from other employment records and/or visual identification. Such practices are aligned with EEOC Guidance.

Why does Workday employee self-service include an opportunity for me to identify my pronouns?

UVA seeks to cultivate a University community where inviting, sharing, and respecting a person's chosen personal pronouns is supported. Research has shown that using someone's chosen personal pronouns is a way to respect them and create an inclusive environment, just as using a person's name that they go by can be a way to respect them. Workday functionality allows for individuals to select personal pronouns to be displayed with their profile card when searched by others, it is not required that an employee list a value. University HR and the Division for Diversity, Equity, and Inclusion sought advice from the LGBT Committee on the list of options provided in Workday, which will be reviewed periodically to ensure the list of options is responsive to the University community. When you select your pronouns only you can see what you have chosen until you take a second step to make your profile public. You have full control over selecting and sharing, or not sharing, your chosen pronouns. The process is entirely voluntary. If you want to learn how to update your information and allow others to view it when they search for you in Workday you can access this job aid. If you want to learn more about the importance of asking, sharing, and respecting chosen personal pronouns visit the Office for Equal Opportunity and Civil Rights (EOCR) pronouns website.

Why is the University offering an option for voluntary self-identification of sexual orientation and gender identity in Workday employee self-service?

The University is offering our workforce the opportunity to voluntarily self-identify sexual orientation and/or gender identity in Workday to enable the University to better understand how many LGBTQ+ individuals are in our workforce and how their employment experiences compare to non-LGBTQ+ workers (e.g., LGBTQ+ representation in management and leadership positions, promotional opportunities, separation trends). This data will assist the University’s Office for Equal Opportunity and Civil Rights (EOCR) to use the data gathered to ensure the LGBTQ+ employee experience is taken into account in a meaningful way in policy and program development and improvements, to ensure equitable treatment of employees without regard to sexual orientation or gender identity.

How are gender (legal sex) and gender identity different in Workday?

• Gender is the sex binary of female or male for the purposes of state and federal record keeping and reporting requirements.
• The gender identity field allows for a non-binary gender identification to be made and recognizes a range of different gender identities.

Am I protected from discrimination and harassment based on my sexual orientation and/or gender identity?

The University’s Notice of Non-Discrimination and Equal Opportunity Statement and its Policies on Preventing and Addressing Discrimination, Harassment, and Retaliation and associated procedures ensure equitable treatment, regardless of sexual orientation or gender identity, and prohibit discrimination, harassment, or retaliation based on sexual orientation or gender identity. The University’s Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence (Title IX Policy) and associated procedures prohibits sexual and gender-based harassment based on sexual orientation or gender identity. The Virginia Personnel Act, which applies to Classified employees, explicitly protects sexual orientation and gender identity from discrimination in employment in the Commonwealth.

For further information about these policies, visit the University’s Office for Equal Opportunity and Civil Rights (EOCR) website.

Why does the University ask about my veteran and protected veteran status?

There are three primary reasons why the University requests veteran and protected veteran status information from job applicants, faculty, and staff:

1. Section 2.2-2903 of the Code of Virginia establishes a veteran's preference in hiring, which means that the University must request this information from job applicants in order to apply a preference. The preference applies to any veteran who has served at least 180 consecutive days in any branch of the arm services and received an other than dishonorable discharge. The surviving spouse and/or child of a U.S. military service member killed in the line of duty also is eligible for the preference.
2. As a recipient of federal research contracts, the University is a federal contractor and subject to the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and its implementing regulation found in Title 41, Part 60-300 of the Code of Federal Regulations (CFR). This regulation requires that the University collect "protected" veteran status information from applicants, as well as faculty and staff, in order to engage in proactive analysis of personnel processes, such as recruitment, hiring, promotions, and terminations. A "protected" veteran is a disabled veteran, a recently separated veteran, an Active Duty Wartime or Campaign Badge veteran, or an Armed Forces Service Medal veteran. Protected veterans are a smaller subset of the overall military veteran population.
3. The U.S. Department of Labor Veterans' Employment and Training Service (VETS) requires, in accordance with Title 41, Part 60-300 of the CFR, federal contractors to annually report on their proactive efforts in employing veterans.

Why does the University ask about my disability status?

As a recipient of federal contracts, the University is a federal contractor and subject to Title 41, Part 60-741 of the Code of Federal Regulations (CFR). This regulation requires that the University collect disability information from applicants, as well as employed faculty and staff, in order to engage in proactive analysis of personnel processes such as recruitment, hiring, promotions, and terminations. Additional information is available on the website of the Office of Federal Contract Compliance Programs (OFCCP).

Who sees my demographic information and how is it used?

Demographic information is treated confidentially to the extent permitted by federal and state laws.

• Job Applicants: Demographic information collected in the applicant/candidate profile portion of the online application is maintained separately from the application materials that are reviewed during the hiring process. Hiring officials and search committee members do not have access to individually identified demographic data at any time during or after the recruitment and hiring processes. The only exception is veteran status, which is accessible for the sole purpose of applying the Virginia Veteran Preference in accordance with Section 2.2-2903 of the Code of Virginia.
• Faculty & Staff: Demographic information is similarly maintained confidentially and is not accessible by management or supervisory personnel.
• Reporting: In keeping with the confidential nature of this information, whenever the University reports on demographic data of University faculty, staff, and job applicants — either internally or externally — the information is produced in the aggregate and de-identified from individuals.

Who has access to the sexual orientation and gender identity data?

Safeguarding an employee’s identities is the first priority. This data is a confidential personnel record. Access to the information is limited to the University’s Human Resources technology security personnel charged with administering the personnel database. That access is necessary to provide the data to EOCR for engaging in proactive workforce analysis at levels of aggregations that preserve confidentiality (e.g., institution-wide representation levels, faculty representation by tenure status without identification of school or area, etc.). This information is not accessible by your supervisor, departmental HR business partner or employee relations staff, unless those individuals are part of the limited group identified above.

How do I enter or update my demographic information in Workday employee self-service?

In Workday click on your profile image in the top right corner. In the drop-down menu that appears, click "View Profile" that appears directly under your name. This will provide a list of options to select that will show up on the left of your screen. The "Personal Information" tab will be displayed on the screen. When you click on the "Edit" button, the "Change Personal Information" page will appear where you can add or edit many of the demographic fields. The Veteran Status and Disability Status fields cannot be edited from this section. When you "View Profile" you will also see an "Action" button underneath your name. Click on "Action" and select "Change Veteran Status" or "Change Disability Status" to update that demographic information.