Printer FriendlyWide-reaching and consistent outreach efforts can result in a strongly diverse pool of qualified applicants. There are essential benchmarks for diversifying the faculty and staff. Based on such pools, search committees can conduct equitable reviews of the credentials of the applicants. In this measurable way, the chair of the search committee demonstrates proactive support of and accountability for increasing diversity in the workforce.
Equal Opportunity and Outreach facilitates the equitable review of applications by working directly with search committee chairs. This also helps to ensure compliance with Civil Rights and related laws and protection of UML's status as a recipient of federal and state funds.
- What outreach efforts are expected of the Search Committee, and how are these efforts documented?
- Why does EOO consult with Search Committees in the hiring process?
- About Selections and Non-Selections
- Did you know that a complainant is free to name the search committee chair, who is an agent of the employer, as the individual responsible for alleged discrimination?
What outreach efforts are expected of the Search Committee, and how are these efforts documented?
Search Committees must exert every good faith effort in attracting a broadly diverse group of applicants. The Search Committee should prepare an outreach strategy as early as possible before the position is advertised.
Outreach efforts might include: communication with department chairs of institutions historically serving large percentages of minorities to solicit names of all recent graduates (not minorities only); advertising in venues viewed by large percentages of minorities, including websites that would allow you to place hyperlinks to the main HR advertisement; publicizing positions at career fairs that reach large groups of minorities; fostering strong referral relationships with minority-serving organizations; identifying companies that are downsizing personnel to contact those in need of employment before they find other positions; and notifying current UML students or alumni of position openings. EOO has research on hand of historically minority-serving institutions and downsizing companies. We will be glad to support you in your outreach efforts and to help you brainstorm other strategies.
A memo from the chair of the search committee or the dean of the college detailing your efforts should accompany the Verification Form (for staff positions) or the Request for Personnel Action PF1&2 Form (for faculty positions). Because UMass Lowell is sincere in its determination to enhance the representation of qualified minority faculty and staff, if you do not provide this evidence, your recommendation for a position hire may not be approved.
Why does EOO consult with Search Committees in the hiring process?
Clearly, if the institution is to provide "Education for a Diverse World," our hiring practices must be structured to attract diversity that reflects the communities we serve.
Searches also must be defensible. However, focusing on this alone does not by itself enhance diversity. Search committees must be proactive in its proceedings so that diverse appointments can result. Search committees members are agents of the employer. The criteria you use must meet reasonable standards of fairness. Here are a few points to remember when conducting a search:
- The absence of a challenge does not mean that the search was conducted equitably.
- Legally defensible searches benefit all applicants, not just underrepresented candidates.
- The Equity in Hiring Process does not exist for EOO staff to provide search committees "legal" reasons for not hiring candidates from underrepresented groups. This presumes that such candidates commonly do not meet the qualifications for the position as advertised.
- Diversity and lowered qualifications are not equivalent!
- Candidates, who, all but for membership in one or more protected categories are similarly qualified (similarly situated) must be similarly treated and evaluated.
- EOO advises chairs of search committees on the degree of under representation in their college or department and their history of hiring such candidates.
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EOO related challenges or questions directly from any applicant regarding the decision of the search committee regarding his/her application.
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Credentials of the candidates are to be compared to the published job advertisement
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The manner in which a search is conducted can lead to a perception of either fairness or bias to the applicants.
About Selections and Non-Selections
Non-selected applicants may place complaints internally. Contact EOO for more information. Simply contacting EOO does not constitute filing a complaint.
Additionally, non-selected applicants may place complaints with the Massachusetts Commission Against Discrimination, the federal Equal Employment Opportunity Commission, or the federal Office for Civil Rights. In these cases, MCAD, EEOC or OCR scrutinizes the employer’s applicant tracking methods, evaluation mechanisms, job advertisements, and applicant credentials to determine if the reasons given for not interviewing and for not hiring related to the requirements in the published job ad. In addition, they also review the degree to which qualifying and non-qualifying reasons correspond to credentials submitted by each applicant. Any disconnects between credentials, reasons for not interviewing or not hiring, and the job ad will cause EEOC/MCAD/OCR investigators to question if the reasons were a façade to conceal discrimination. Reasons are expected to be specific to each candidate based on the evaluation of the search committee members who understand the actual content of the job. Another red flag that can pop up is if there is no evidence of a valid affirmative action review or if the same reason for not hiring is given for several candidates despite the fact that they have different backgrounds.
Did you know that a complainant is free to name the search committee chair, who is an agent of the employer, as the individual responsible for alleged discrimination?
To reduce this potential we recommend that you conduct a consistent and well-documented search process! A poorly conducted search with poor documentation can signal deeper problems. If EOO staff becomes aware of this during the search process, we will advise you immediately. This gives the search committee the opportunity to make corrections as soon as possible. Do keep in mind however, though that the first indication that a non-selected candidate suspects discrimination may be when we receive notice from MCAD, EEOC or OCR. This can be the result of interactions between the applicant and members of the search committee that EOO staff is not privy to. At this point, the chair and or any number of members of the search committee may have to respond to allegations that they have individually discriminated against an applicant.
Making a habit of conducting good search processes that produce diverse candidates is the best way to enhance diversity. It also lowers the potential of complaints of discrimination. You cannot control who may file a complaint, but having a history of diverse placements and equitable searches support the University interests in this area and can counter a legal challenge to searches. Teaming together, we can make this happen!
Please see the UMass Lowell Hiring Guide (pdf) for guidance on the search and hiring processes.
We are happy to respond to your request for assistance in this area.