Office of the Executive Vice President and University Treasurer

Section: Personnel
Policy Number: 4-1
Policy Name: Affirmative Action Recruitment Policy for Faculty,Limited Term Researchers, Post Doctoral Fellows, Post Doctoral Researchers, Professional and Salaried Staff Members
Date: January 2000
Revisions: February 12, 2002; March 6, 2002; January 29, 2003; July 19, 2006; July 1, 2008, August 26, 2008

THE GOAL OF AFFIRMATIVE ACTION

The University of Delaware seeks to hire, retain, and promote highly qualified faculty and staff with appropriate representation of protected class members including women, ethnic minorities (Black or African American, Hispanic or Latino, Asian, American Indian, Native Hawaiian or other Pacific Islander), veterans, disabled veterans, and persons with a disability and to assure that there is no discrimination because of age. Equal opportunity and affirmative action hiring goals are specified by federal Executive Orders 11246 and 11375.

The Goal Setting Process

Workforce Analysis: The Office of Affirmative Action, in conjunction with the Office of Institutional Research and Planning, conducts annual workforce analyses for every organizational unit at the University of Delaware. These analyses identify employees by race, gender, and job group assignment. At the same time, the availability of protected class members to fill positions in each job group is calculated using an eight-factor statistical design that includes such data as the census figures of the labor market and the number of protected class members qualified to be promoted within the University of Delaware. Availability is reported in terms of the percentage of protected class members in the pool of qualified persons for each job group.

Data for the workforce analysis come from a variety of sources, including Department of Education Manual for Determining the Labor Market Availability of Women and Minorities, state and local manpower reports, the U.S. Bureau of Census, the National Center for Education Statistics, the Scientific Manpower Commission on Professional Women and Minorities, and other nationally recognized information sources.

In determining national availability within academic positions, the primary source of data is the Summary Reports: Doctorate Recipients from United States Universities, published annually by the National Research Council in concert with the US Department of Education. For those disciplines not listed in the aforementioned publications, Availability Data, published by the Office of Institutional Research at the University of Colorado, is used. Doctorate conferral data is supplemented wherever possible by data from relevant professional bodies, e.g., the National Science Foundation, the American Library Association, the National League for Nursing, etc. National availability data for administrative positions reflects US Census data for respective EEO-6 categories as extracted by Biddle Associates, a California-based affirmative action consulting firm used by the University.

Local availability reflects US Census data for the Wilmington Standard Metropolitan Statistical Area (SMSA) which includes New Castle County, Delaware; Cecil County, Maryland; and Salem County, New Jersey. The data was extracted from an official census tape using the EEO-6 category as a minimal descriptor and specific job titles wherever possible.

Hiring goals are established annually for administrative and academic positions using the standard eight-factor analysis as prescribed by the Office of Federal Contract Compliance Programs and embracing the aforementioned data sources.

Hiring Goals

The University's recruitment and hiring procedures are designed to achieve the fair and adequate representation of protected class members in the workforce. When the representation of protected class members in an academic or administrative unit or job group approximates their availability in the relevant labor market, the protected group is considered to be represented in sufficient numbers to meet equal opportunity requirements.

When protected groups are underrepresented in an academic or administrative unit or job group, the University is committed to comply with applicable equal employment and affirmative action laws and regulations. This means that whenever there is a vacancy in an underrepresented job category, good faith efforts will be undertaken to include qualified members of the underrepresented protected group in the applicant or promotion pool. From this pool, the best qualified candidate will be chosen.

THE RECRUITMENT PROCESS

The following sections of the Manual set forth the procedures for filling faculty, limited term researcher, post doctoral fellow, post doctoral researcher, professional, and salaried staff vacancies. The Appendix describes strategies for effective faculty and professional searches and to help comply with University procedure and equal employment and affirmative action regulations. The Office of Human Resources/Affirmative Action (302-831-2059) should be contacted whenever a more detailed explanation is needed.

A. Search Procedures for Faculty

Normally, all full-time permanent and full-time limited term positions that extend beyond a one-year term are filled by a regional or national search. The University affirms that, insofar as possible, full-time faculty should be used for instruction. When full-time positions become available, those individuals with appropriate credentials who have already served the University in other academic instructional roles represent a source of candidates worthy of careful consideration.

B. The Faculty Search Process

The provost must authorize a request to create a new faculty position or to fill a faculty vacancy. Once approval is obtained, the department must complete the Request to Recruit web form. The dean, chair, or appropriate academic officer then establishes the recruitment procedures and appoints a search committee chair and the membership of the search committee.

The search committee should adequately represent a diverse background. With the approval of the Office of Affirmative Action, the search committee may include alumni or employees of relevant businesses and industries.

The position announcement for faculty, department chairpersons, and academic unit administrators should contain the statement “The curriculum vitae and letters of reference shall be shared with departmental faculty."

The search committee chair holds an initial meeting so that the dean, department chair, or unit administrator (as appropriate) can charge the committee, discuss the unit's affirmative action utilization goals, and assist in the development of the position announcement, which must include a closing date. As needed, the Office of Affirmative Action will provide a representative to attend this meeting to answer questions about the search process.

The search committee chair should submit the Request to Recruit Advertisement and Search Committee web form to the Office of Affirmative Action for approval. The form includes the proposed search committee, position announcement, and potential publications for advertisements. Approval by the Office of Affirmative Action normally takes three (3) working days from receipt of these materials, and this approval authorizes initiation of the search process. In those instances where additional recruitment sources are suggested or where there are questions concerning the position announcement or the composition of the search committee, the Office of Affirmative Action will make these concerns known to the search committee chair within three (3) working days of receiving the materials. The cost for advertisement is paid by the hiring department.

The Office of Affirmative Action sends the approved position announcement to the Office of Human Resources for advertisement in approved recruitment sources. The Office of Human Resources obtains cost estimates for the advertisements and forwards the estimates to the search committee chair and the account code administrator for approval.

Each applicant for a faculty vacancy receives both an Applicant Information Form with the requisition number, job title, and department printed on the form and a letter of acknowledgment from the chair of the search committee. Applicants return the form to the Office of Human Resources. Prospective candidates may not be interviewed until this form is completed; however, the form may be provided to the candidate and filled out just prior to the interview. In searches to fill positions in underutilized departments/units, the Office of Affirmative Action notifies the search committee chair when protected class members are identified.

The Office of Affirmative Action must review the pool of finalists selected by the search committee for the vacant faculty position. Prior to scheduling interviews with finalists and prior to sending letters of rejection to other applicants, the search committee chair submits, on the Request to Recruit Applicant Pool web form, the list of finalists, and sends copies of their application materials and curriculum vitae (all materials copied front to back) to the Office of Affirmative Action. The Office of Affirmative Action responds to the search committee chair within three (3) working days from the receipt of the Request to Recruit Applicant Pool web form. After interviews have been conducted, if the search committee would like to invite additional candidates for an interview, the Request to Recruit Add Applicant Pool web form must be submitted to the Office of Affirmative Action for approval. The same process as outlined above for the Request to Recruit Applicant Pool form should be followed when submitting the Request to Recruit Add Applicant Pool form.

Final recommendations of the search committee for filling the vacant faculty position are forwarded via the Request to Recruit Offer Status form by the search committee chair to the department chair and to the dean. The dean or appropriate academic officer submits the name of the individual recommended for faculty appointment to the Office of Affirmative Action prior to offering the position to the candidate of choice.

The Office of Affirmative Action will respond within three (3) working days concerning the recommended candidate. Affirmative action approval is required before an offer of appointment can be made.

C. Instances when a Faculty Search is not Necessary

Limited Term, Full-, and Part-time Appointments of One Year or Less

A dean or appropriate academic officer may request approval from the Office of Affirmative Action to appoint a person without a search to fill a limited term, full-time position of up to one year when the source of funding is nonrenewable and a qualified candidate is available. However, departments and units that need a number of limited term instructors each year should establish an applicant pool through periodic advertisement. The Request to Recruit web form should be used to convey this information to the Office of Affirmative Action.

If a limited term position is continued beyond one year because of the unexpected renewal of funds or a new source of funding has been found, a dean may reappoint the incumbent or appoint another qualified candidate without a search. The Office of Affirmative Action may request that the dean evaluate any limited term position extending beyond three years on nonrenewable funds to determine if the position should be converted to permanent status.

When a full-time limited term position of any duration is converted to a permanent position, it is considered a new position and falls under the affirmative action search process. A search should be conducted to fill the position unless the incumbent (with limited term status) was hired after a search. It is strongly recommended that a search be conducted at the outset for any limited term position where the likelihood exists of conversion to permanent status.

Limited Term Visiting Faculty

If a department wishes to retain a limited term faculty member for an additional year, the Office of Affirmative Action must be informed prior to the renewal.

Positions Funded by External Contracts and Grants

Interim/Acting Appointments

A dean may appoint an individual to fill a faculty position on an acting basis to maintain the functioning of a department or academic unit. Prior to making an interim appointment, deans are encouraged to seek nominations of qualified individuals including protected class members. A search process to fill the position vacancy should normally begin at the same time the interim appointment is announced. The Request to Recruit web form must be completed.

Limited Term Researcher and Post Doctoral Researcher Appointments

Limited term researcher and post doctoral researcher appointments may be made without a search. Limited term researcher candidates must have a master’s degree and post doctoral researcher candidates must have a Ph.D. Appointments cannot exceed three years. It is strongly recommended that departments and academic units annually develop a diverse pool of qualified candidates for consideration by advertising in appropriate national recruitment sources and publications. The Request to Recruit web form must be completed.

Post Doctoral Appointments

Post doctoral appointments may be made without a search. Candidates must have a Ph.D. These appointments are renewable. It is strongly recommended that departments and academic units annually develop a diverse pool of qualified candidates for post doctoral consideration by advertising in appropriate national recruitment sources and publications. The Request to Recruit web form must be completed.

Teaching and Research Assistants

Searches are not required when filling available teaching assistant and research assistant positions. The Office of Affirmative Action encourages departments, as part of their good faith efforts, to recruit graduate students who are members of protected groups who are underutilized in the discipline.

D. Search Procedures for Professional Staff

Authorization to Recruit for A Professional Position

Creating a New Full-, Part-time, or Limited term Position

The department chair or director submits via the Request to Recruit web form, a new position request that describes the duties, education, and experience requirements for the position and the anticipated starting salary. The dean or vice president approves the position, identifies the funding source, and drafts a position description. Copies of the position description are sent to the Offices of Classification and Compensation and Affirmative Action via the Request to Recruit web form. The position is assigned an appropriate classification level and the Office of Affirmative Action assures that the job requirements do not exclude protected class members. When the department receives the approved Request to Recruit form, it can continue with the web process to recruit for the position.

Replacing an Existing Full-, Part-time, or Limited term Position

E. The Professional Search Process

The appropriate dean, director, provost, or vice president authorizes filling a professional position following one of the authorization procedures outlined above. He or she establishes the recruitment procedures to be followed, appoints a search committee chair, and identifies individuals to serve on the search committee.

The search committee should adequately represent a diverse background. With the approval of the Office of Affirmative Action, the search committee may include alumni or employees of relevant businesses and industries.

The search committee chair holds an initial meeting so that the designated hiring official (dean, department chair, or unit administrator) can charge the committee, discuss the unit's affirmative action utilization goals, and assist in developing the position announcement which must include a closing date. As needed, the Office of Affirmative Action will provide a representative to attend this meeting to answer questions about the search process. The cost for advertisement is paid by the hiring department.

The search committee chair should submit to the Office of Affirmative Action the Request to Recruit Advertisement and Search Committee web form for approval. It includes the proposed search committee, position announcement, and proposed publications. Approval by the Office of Affirmative Action normally takes three (3) working days from receipt of these materials, and this approval authorizes initiation of the search process. In those instances where additional recruitment sources are suggested or where there are questions concerning the position announcement or the composition of the search committee, the Office of Affirmative Action will make these concerns known to the search committee chair within three (3) working days of receiving the materials.

The Office of Affirmative Action sends the approved position announcement to the Office of Human Resources for advertisement in approved recruitment sources. The Office of Human Resources obtains cost estimates for the advertisements and forwards the estimates to the search committee chair and the account code administrator for approval.

Each applicant for a professional vacancy receives both an Applicant Information Form with the requisition number, job title, and department printed on the form and a letter of acknowledgment from the chair of the search committee. Applicants return the form to the Office of Human Resources. Prospective candidates may not be interviewed until this form is completed; however, the form may be provided to the candidate and filled out just prior to the time of the interview. In searches to fill positions in underutilized departments/units, the Office of Affirmative Action notifies the search committee chair when protected class members are identified.

The Office of Affirmative Action must review the pool of finalists selected by the search committee for the vacant professional position. Prior to scheduling interviews with finalists and prior to sending letters of rejection to other applicants, the search committee chair submits, via the Request to Recruit Applicant Pool form, the list of finalists, and sends copies of their application materials and curriculum vitae (all materials should be copied front to back) to the Office of Affirmative Action. A search may be extended if, in the judgment of the Office of Affirmative Action, there are insufficient qualified protected class members in the applicant pool and the job group is underutilized. After interviews have been conducted, if the search committee would like to invite additional candidates for an interview, the Request to Recruit Add Applicant Pool web form must be submitted to the Office of Affirmative Action for approval. The same process as outlined above for the Request to Recruit Applicant Pool form should be followed when submitting the Request to Recruit Add Applicant Pool form.

Final recommendations of the search committee for filling the vacant professional position are forwarded via the Request to Recruit Offer Status form by the search committee chair to the Office Of Affirmative Action prior to offering the position to the candidate of choice.

The Office of Affirmative Action will respond within three (3) working days concerning the recommended candidate. Affirmative action approval is required before an offer of appointment can be made.

F. Internal Professional Search

The Request to Recruit web form is used to initiate the recruitment process. The chair forwards, via the Request to Recruit Advertising and Search Committee web form, copies of the proposed position announcement and the proposed search committee members to the Office of Affirmative Action. The search committee should adequately represent a diverse background. With the approval of the Office of Affirmative Action, the search committee may include alumni or employees of relevant businesses and industries. Approval by the Office of Affirmative Action normally takes three (3) working days from receipt of these materials, and this approval authorizes initiation of the search process. In instances where there are questions concerning the position announcement or the composition of the search committee, the Office of Affirmative Action will make these concerns known to the search committee chair within three (3) working days of receiving the materials.

The Office of Affirmative Action sends the approved position announcement to the Office of Human Resources for advertisement on the University's employment web site. Each applicant for an internal professional vacancy receives both an Applicant Information Form with the requisition number, job title, and department printed on the form and a letter of acknowledgment from the chair of the search committee. Applicants return the form to the Office of Human Resources. Prospective candidates may not be interviewed until this form is completed; however, the form may be provided to the candidate and filled out just prior to the interview.

The Office of Affirmative Action must review the pool of finalists selected by the search committee for the vacant professional position. Prior to scheduling interviews with finalists and prior to sending letters of rejection to other applicants, the search committee chair submits, via the Request to Recruit Applicant Pool web form, the list of finalists, and sends copies of their application materials and curriculum vitae (application materials should be copied front to back) to the Office of Affirmative Action. The Office responds to the search committee chair within three (3) working days from the receipt of the list concerning the representation of qualified protected class members in the pool of finalists. After interviews have been conducted if the search committee would like to invite additional candidates for an interview, the Request to Recruit Add Applicant Pool web form must be submitted to the Office of Affirmative Action for approval. The same process as outlined above for the Request to Recruit Applicant Pool form should be followed when submitting the Request to Recruit Add Applicant Pool form.

Final recommendations of the search committee for filling the vacant professional position are forwarded, via the Request to Recruit Offer Status web form, by the search committee chair to the academic/administrative department head and to the Office of Affirmative Action prior to making an offer and prior to sending letters of rejection to applicants who were interviewed.

The Office of Affirmative Action will respond within three (3) working days concerning the recommended candidate. Affirmative action approval is required before an offer of appointment can be made.

G. Instances When a Professional Search is not Necessary

Limited Term, Full-, and Part-time Appointments of One Year or Less

As was noted in the previous section on faculty searches, the temporary nature of a professional appointment or the funding source of the limited term appointment (nonrenewable funds) may make it more practical to appoint personnel rather than to conduct a search. In these instances, every effort should be made to identify and appoint protected class members, especially into positions where they are underutilized. This includes full-time and part-time limited term positions of up to one year that do not have any likelihood of conversion to continuing status and for people seeking part-time opportunities such as teaching on S-Contract. The examples set forth for appointment of faculty also apply to professional staff members. The Request to Recruit web form will be used to initiate this process.

Exceptional Situations

In special cases, where there is demonstrated underutilization of minority group members or women, a dean, vice president, or unit administrator may promote or redistribute responsibilities to a qualified protected class member without a search. Such action requires consultation with the Office of Affirmative Action.

Positions Funded by External Contracts and Grants

It is normally expected that affirmative action searches will be conducted when hiring professional staff under the terms of a multi-year contract or grant. However, if funding for positions exceeds those identified in the original grant application, the dean, vice president, or unit administrator may appoint a person without a search to fill the positions for one year. If the position being filled is a new position, it will require the president's approval. The Request to Recruit web form will be used to initiate this process. Principal investigators are encouraged to identify both experts with unique skills and students who contributed to the development of the grant application so that the grant is initially funded with as many of the project staff identified as possible. If a specific individual is critical to the research process, then the funding request should identify that individual.

Interim Appointments

A vice president, dean, or unit administrator may appoint a professional staff member to fill a position vacancy on an acting basis, via the Request to Recruit web form, in order to maintain the functioning of a unit or a central administrative office. Initiation of the search process to fill the position should normally begin at the same time the acting appointment is announced via the Request to Recruit web form. In areas of underutilization, protected class members should be considered for acting appointments so that they can gain additional professional experience. The Request to Recruit web form will be used to initiate this process.

H. Search Procedures for Salaried Staff

Authorization to Recruit for a Salaried Staff Position

Creating a New Full-, Part-time, or Limited term Position

The department chair or director submits, via the Request to Recruit web form, a new position request that describes the duties, education, and experience requirements for the position and the anticipated starting salary. All of the approvals required to create a new position will be obtained through the Request to Recruit web form.

The position is assigned an appropriate classification level and the Office of Affirmative Action assures that the job requirements do not exclude protected class members. When the department receives the approved Request to Recruit form it can continue with the web process to recruit for the position.

Replacing an Existing Full-, Part-time, or Limited term Position

Authorization to replace an existing position must be approved by the dean/vice president or the provost/executive vice president.

I. Salaried Staff Search Process

The search process begins when the hiring department initiates the Request to Recruit web form.

The position is advertised, via the Request to Recruit Advertisement and Search Committee web form, on the University's Employment website. The Office of Human Resources representative assists in placing advertisements in local newspapers and external publications, if requested. The cost for advertisement is paid by the hiring department.

After the position has been advertised for at least one week, the Office of Human Resources sends the resumes of qualified candidates to the hiring department, taking into consideration the department's level of utilization and affirmative action goals. The hiring department submits, via the Request to Recruit Applicant Pool web form, a list of finalists for the position to the Offices of Human Resources and Affirmative Action for approval. If protected class members are included in the interview pool and not selected for an interview, a representative from the Office of Human Resources will inform the Office of Affirmative Action of the hiring unit's decision before interviews are scheduled. The hiring department schedules and conducts interviews once it has received approval of their interview pool. After interviews have been conducted, if the search committee would like to invite additional candidates for an interview, the Request to Recruit Add Applicant Pool web form must be submitted for approval. The same process as outlined above for the Request to Recruit Applicant Pool form should be followed when submitting the Request to Recruit Add Applicant Pool form.

The hiring department submits via the Request to Recruit Offer Status web form, final recommendations for filling the staff vacancy to the Offices of Human Resources and Affirmative Action for approval. Upon approval of hiring the finalist, the hiring department conducts reference checks.

A representative from the Office of Human Resources contacts the finalist, extends a salary offer, and sets a starting date in consultation with the hiring department.

III. ADVERTISING PROCEDURES

The Office of Human Resources provides a centralized process for advertising vacant faculty and administrative/professional positions. This includes preparing and placing ads consistent with University guidelines and publication requirements, monitoring advertisement costs, and serving as a repository for advertisement requests.

Search Committee Chair: Approval of Advertising Budget

Prior to the start of any search for a faculty or administrative/professional position, the Search Committee Chair should review the Recruiting and Moving Expenses policy.
The search committee chair forwards the Request to Recruit Advertisement and Search Committee web form and a copy of the advertisement, to the Office of Affirmative Action. This should include a list of the publications, journals, websites, listserves and/or newspapers in which the position will be advertised.
The Office of Human Resources sends electronically a file to the search committee chair containing advertisements and prices. In conjunction with the account code administrator, the chair determines which advertisements are to be placed and notifies Human Resources to place the chosen advertisements.

Office of Affirmative Action

Reviews the advertising sources to assure that the position announcement appears in publications that provide a broad-based readership. The Affirmative Action Officer may consult with the search committee chair if advertising in additional sources appears warranted.
Forwards approved Request to Recruit Advertisement and Search Committee web form to the Office of Human Resources.

Office of Human Resources

Provides cost estimates for advertisements to be placed through the services of the University's advertising agency, in local/regional newspapers, websites, and national publications.
Places ads and monitors placement to assure accuracy of advertising and costs.
Prepares advertising statements for advertisement and cost approval. Approves advertising agency's invoices, based on estimated costs. Researches and resolves cost discrepancies.

IV. Functions of a Faculty and Professional Search Committee

The search committee plays a key role in the recruiting, selecting, and hiring process. Each member is responsible for ensuring that fair and equitable treatment is given to all applicants. Committee members are expected to carefully review applicant files, participate actively in the selection of candidates for campus interviews, and maintain strict confidentiality concerning committee deliberations. The following outline highlights major committee functions:

Assisting the dean, vice president, or unit administrator in developing the job description and position announcement.
Developing and implementing an advertising and recruitment plan which broadly announces the position vacancy, particularly when filling a position in an underutilized job group, to applicants in protected groups both on and off campus.
Screening and evaluating applicants with a full understanding of the department's or unit's utilization analysis for the particular job group.
Identifying a list of candidates to interview and, when Office of Affirmative Action approval is secured, interviewing the candidates.
Preparing a recommendation to fill the position vacancy based on the search process.

For Faculty Searches

The search committee should meet as soon as possible after interviews are concluded to discuss their findings and prepare a recommendation for the department chair or dean and the Office of Affirmative Action. Committee members should carefully review the qualifications of each candidate, including the letter of application, curriculum vitae, references, and the remarks of those who participated in the interview. Depending on the original charge, the committee may be required to rank order candidates, i.e., the top three or five candidates. In evaluating professional qualifications, the committee should insure that all candidates are given equal opportunities and that subtle forms of bias are avoided. Committee conclusions should be recorded and summarized.

The position announcement for faculty, department chairpersons, and academic unit administrators should contain the statement "The curriculum vitae and letters of reference shall be shared with departmental faculty."

The final written recommendation should be forwarded to the department chair, dean, unit head, vice president, or provost and Office of Affirmative Action via the Request to Recruit Offer Status web form. The hiring department retains all search records for the current year plus five (5) years.

For Professional Searches

Committee deliberations for recommending a candidate to fill a professional staff position follow the same procedures as outlined above for faculty. A dean, vice president, or unit administrator may wish to meet with the search committee to review their findings before the final written recommendation is sent forward. The meeting may be part of the procedure established at the outset of the search or a request may be made by the hiring officer to the search committee chair during the search process.

V. Definition of Protected Class Members

Minorities

Asian (Not Hispanic or Latino): A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, Vietnam, the Far East, southeast Asia, the Indian Subcontinent or the Pacific Islands.

Black or African American (Not Hispanic or Latino): A person having origins in any of the black racial groups of Africa.

Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American or other Spanish culture or origin, regardless of race.

Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino): A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

Disabled

Individual

Has a physical or mental impairment that substantially limits one or more of his or her major life activities,
Has a record of such impairment, or
Is regarded as having such impairment.

*A disability is substantially limiting if it is likely to cause difficulty in securing, retaining, or advancing in employment.

Women

Veterans

Age

VI. Employment of Non-US Citizens

The Immigration Act of 1990, enacted in October, 1991, imposes strict federal regulations on employers. To comply with the law, the University of Delaware must verify the identity and employment eligibility of anyone hired, regardless of the source of funding. The I-9 form, Employment Eligibility Verification Form, must be completed by every person who is hired.

To complete the I-9 form, which is required to receive a paycheck, the foreign employee (non-US citizen) must possess a visa type that permits him/her to receive payment/salary. Prior to hiring non-US citizens, it is imperative that departments contact the Office of Foreign Student and Scholars because that office is responsible for completing the I-9 form for all foreign employees. Individuals without proper visa cannot be paid. Please contact the Office of Foreign Student and Scholars, (302-831-2115), email:(foreignservices@udel.edu) for further information. The staff will be happy to help you.

VII. Pre-Employment Interview

The University of Delaware's Applicant Information Form (AIF) is intended to be nondiscriminatory. Understanding the types of questions that are appropriate and lawful to ask during a pre-employment interview is essential to complying with our equal opportunity obligations. Therefore, it cannot be emphasized too strongly that you may ask certain questions about age, race, color, religion, sex, or national origin only if such questions are job related.

If you are unsure what questions are permitted or not permitted, please contact the Office of Affirmative Action (302-831-2059) for advice.

There are three guidelines you should follow:

Ask only for information you intend to use in making a hiring decision.
Know in advance how you will use the information to make that decision.
Recognize that it is difficult to defend seeking information which is not directly relevant to the job.

TYPICAL INQUIRIES

Marital and Family Status – If you ask any questions about marital or family status, you must ask them of both male and female applicants. You may ask whether the applicant can meet specified work schedules or has commitments or responsibilities that may interfere with the position requirements. You may not ask direct questions about the applicant's marital status, the number and ages of children, child care arrangements, or pregnancy, present or potential.
- For instance, you should not ask if a married woman's husband is likely to be transferred or if a married man anticipates work absences because of his wife's health.
Ancestry, National Origin, Race or Color – You may ask what languages the applicant reads, speaks, or writes fluently when such skills are necessary for the vacant position; however, you may not ask how language skills were acquired because that may reveal the applicant's nationality or race. You may not ask about the applicant's lineage, ancestry, national origin, descent, birthplace, mother tongue or the national origin of the applicant's parents or spouse.

For example, you may not ask an applicant questions about race, skin color, eyes, hair, or other questions directly or indirectly indicating race or color.

Age – You may ask whether or not the applicant meets the minimum age requirements as set by law and may require that upon hiring, proof of age be submitted. You may not require an applicant to produce proof of age in the form of a birth certificate or baptismal record.

Sex – You may not ask the sex of an applicant or any other questions which would indicate sex, except in the case of a bona fide occupational qualification: BFOQ. A BFOQ exists when, for some reason, the work cannot be performed by a member of one sex or the other. Sex designation can not be used as a factor for determining whether or not an applicant will be satisfactory in a particular job.

A BFOQ does not exist simply because a job involves physical labor such as heavy lifting.

Education – You may ask about an applicant's academic, professional, or technical education which is a requirement for the position. You may not ask about the racial or religious affiliation of an educational institution. Such information may reveal the applicant's race, nationality or religious affiliation.

Organizational Affiliations – You may ask about the applicant's membership only when the name or character would not reveal the race, politics, religion, color or ancestry.

Persons With Disabilities – You may not ask whether applicants have any disabilities or health problems; sensory, mental, or physical. Also, you may not have medical examinations conducted until after you make a conditional offer of employment. If a conditional offer of employment is made, a medical examination may occur if the examination is required for all employees in that job category.

We have a responsibility to make an effort to accommodate employees and hire persons with disabilities as long as the
accommodation does not create an undue hardship or the person with the disability does not create an immediate
threat either to the health and safety of that person or others. Our obligation does not require that a job be designed
for the person with a disability.

VIII. INFORMATION AND CONTACT NUMBERS

The Office of Affirmative Action, on behalf of the Commission to Promote Racial and Cultural Diversity, provides the following list of names and campus phone numbers to assist search committees in making underrepresented prospective employees' visits to our campus more welcoming. The following persons may be contacted to talk with prospective employees and/or to accompany them on campus. These individuals are chairs or members of the caucus indicated.

African Heritage Caucus	Dr. Francis Kwansa 302-831-6083
Asian/Pacific Islander Caucus
Jewish Concerns Caucus
Latino/Latina Caucus	Dr. Jorge Cubillos 302-831-2041
Lesbian, Gay, Bisexual Concerns Caucus	Richie Holland 302-831-2059 Kate Pohlig 302-831-1542
Persons with Disabilities Caucus	Karen Mancini 302-831-4643
Foreign Student & Scholar Services	Susan Lee 302-831-2115
Office of Women's Affairs	Rebecca Fogerty 302-831-8065

The University of Delaware is committed to assuring equal opportunity to all persons and does not discriminate on the basis of race, color, gender, religion, ancestry, national origin, sexual orientation, veteran status, age, or disability in its educational programs, activities, admissions, or employment practices as required by Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Act, other applicable statutes and University policy. Inquiries concerning these statutes and information regarding campus accessibility should be referred to the Affirmative Action Officer, 124 Hullihen Hall, 302-831-8735 (voice), 302-831-4563 (TDD).

IX. Recruitment Resources:

Personnel Policies