Office for Equal Opportunity
North Carolina
State University

Location & Hours
1 Holladay Hall
8:00 am - 5:00 pm
Monday - Friday

Mailing Address
Campus Box 7530
Raleigh, NC
27695-7530

Phone Numbers
Main: 919-515-3148
Fax: 919-513-1428
TTY: 919-515-9617

Equal_Op - February, 2007 - Volume 7, #3

Affirmative Action Ban Passes in Michigan

On November 7, 2006, voters in the State of Michigan sent a clear message by a margin of 58% to 42% about affirmative action programs that offer preferences to women and minorities: Race and gender can no longer be considered in college admissions, public hiring, and government contracting. The Michigan Civil Rights Initiative (MCRI), or Proposal 2, was a hotly contested statewide ballot initiative that became law on December 22, 2006.

The proposal was largely prompted by a 2003 U.S. Supreme Court decision that upheld a general affirmative action admissions policy at the University of Michigan’s law school but struck down the undergraduate admission formula as too unyielding because it awarded points based on race.

Michigan now becomes the third state, along with California and Washington, to outlaw the practice of giving preferential treatment to groups or individuals based on their race, gender, color, ethnicity, or national origin for public employment, education, or contracting purposes.

The Michigan Civil Rights Amendment – What does it mean?

The Michigan Context

• Michigan’s lack of employees and employers in the middle-and high-wage knowledge based industries is the cause of Michigan’s slowed job growth, according to recent research.
• Michigan leaders believe that recruiting and retaining knowledge workers requires that Michigan cities be revitalized and hospitable to a diverse citizenry.
• A 2006 survey of business executives in 5 states found that they believed an educated workforce to be much more critical to business creation than favorable tax policy.
• Segregation has major consequences for access to good schools and good jobs – or any jobs – and 3 of the top 10 most segregated cities in the U.S. are in Michigan.

The passage of Proposition 209 (virtually identical to MCRI) led to the following results in California:

•  a decrease in the percentage of women working in the skilled trades;
• a decrease in the number of government contracts awarded to minority and women-owned businesses;
• a decrease in the hiring of minority and female professors in the University of California system;
• a decrease in minority student enrollment at the University of California, and in the number of minorities graduating from the University of California system as doctors, lawyers and other professionals.

The passage of Proposition 209 has also affected a variety of outreach efforts:

• elimination of summer science programs for girls;
  
• ended the notification of minority- and women-owned businesses of opportunities to bid on government contracts;
• resulted in many California public entities eliminating targeted outreach programs, such as programs helping minorities and women become apprentices in the skilled trades;
• ended funding for training of minority professionals in under-represented fields, such as medicine and nursing.

Affirmative action is a charged topic not only because differences over this policy seem to align with differences in views of how a democratic society works, but also because people’s personal histories and successes are often invoked.

Citizens from all sectors of the state continue to hold strong positions and opinions about the merits of MCRI and the appropriate course(s) of action to pursue in the future. Thus, public debate will continue to be heated, and the impact and implications of the MCRI will probably receive significant media coverage as they unfold over time.

What is Unlawful Harassment, Anyway?

Merriam-Webster defines “to harass” as “to annoy persistently.” Certainly, we all have at least one or two individuals in our lives who could fit that definition. The Office for Equal Opportunity addresses complaints of unlawful harassment for NC State. Does unlawful harassment include your officemate who smacks his gum even though you've asked him not to? Your professor who plans an exam for the week after Spring Break? Probably not.

Unlawful harassment is a legal term that has a very specific definition: unwelcome behavior directed toward an individual based on that person’s membership in a protected class. At NC State, protected classes include sex, race, color, religion, creed, national origin, disability, age (if age 40 or older), veteran status, or sexual orientation. The unwelcome behavior must either 1) involve a quid pro quo situation, or 2) objectively and subjectively create a hostile environment.

Of the two types of unlawful harassment, quid pro quo and hostile environment, hostile environment is more common on our campus. A hostile environment is created when behavior unreasonably interferes with an individual’s work/academic performance or creates an intimidating or offensive working/learning environment. For example, hearing racist jokes or racial slurs on a daily basis demonstrates a pattern of offensive behavior that could ultimately change the way an employee feels about coming to work. Quid pro quo, which translates “this for that,” harassment involves some sort of tangible employment action, for example, “I'll give you a raise if you go on a date with me.”

The Office for Equal Opportunity and NC State are committed to preventing unlawful harassment due to the negative consequences individuals, groups, departments and the institution experience. For instance, individuals have changed professions and reported anxiety or depression as a result of unlawful harassment. In addition, resolving harassment claims in court can be costly; the average verdict in a sexual harassment lawsuit is $250,000.*

All of us experience offensive or annoying behavior at times that has nothing to do with any of the protected classes. These behaviors would not be considered a violation of our Unlawful Harassment Policy, and would therefore be more appropriately addressed through Employee Relations or Mediation Services. The Office for Equal Opportunity investigates and addresses unlawful harassment complaints from all campus community members. If you have any questions about unlawful harassment, please contact the Office for Equal Opportunity at 919-513-1234.

Staff Spotlight: Assistant Vice Provost Carson C. Cook

A 25-year veteran of human resources, equal opportunity, diversity, and compliance programs in academic and public sectors, Carson C. Cook Jr. is the new assistant vice provost for equal opportunity at NC State. Prior to joining NC State, he was the Director, Office of Diversity and Equity Programs at Mississippi State University. Cook also has served as associate director of the Office of Diversity and Compliance Programs at California State Polytechnic University; director of the Office of Equal Opportunity Programs at the University of North Florida; and assistant director of the Affirmative Action Office, Indiana University-Purdue University.

Cook brings a wealth of experience and is looking forward to working with faculty, staff and other campus officials in identifying opportunities to enhance the University’s commitment to equal opportunity and affirmative action. Originally from Chicago, Cook holds a bachelor’s degree from Roosevelt University, Chicago, and has completed post-graduate study at the University of Chicago. In his spare time, Cook enjoys photography, digital cinematography and tinkering with old computers.

Programming Notes

EOI Receives Second Diversity Award

The Raleigh-Wake Human Resource Management Association (RWHRMA) and Triangle Industry Liaison Group (TILG) honored the Office for Equal Opportunity again this fall. A Diversity Award was presented in recognition of the Equal Opportunity Institute. The award was created to recognize organizations in the greater Triangle area each year for their diversity initiatives. The mission is to ensure that diversity is valued and appreciated throughout our communities and as a true business imperative within the organizations in which we work.

The Equal Opportunity Institute (EOI) is a unique certificate program open to all NC State faculty, staff, and students, and to the general public. The program takes place each year from September through May. The EOI is designed to provide a means for developing a comprehensive understanding of equal opportunity issues. Institute participants broaden their knowledge base and learn how to apply this knowledge to their day-to-day activities and interactions.

If you would like to learn more about this award-winning program, visit www.ncsu.edu/eoi.

Upcoming EOI Programs Open to the NC State Community

Part of the mission of the Office for Equal Opportunity is to serve NC State through outreach opportunities. We sponsor several programs that will assist you in gaining an understanding of equal opportunity and diversity. All of these excellent programs are free to faculty, staff, and students. To learn more about these programs and to register, visit www.ncsu.edu/equal_op/education.html.

• Exploring Oppression
  Thursday February 1, 2007, 9:00 am - 12:00 pm


• Accommodating Persons with Disabilities
  Thursday February 8, 2007, 9:00 am - 12:00 pm


• The Protected Class of National Origin
  Tuesday February 13, 2007, 1:00 pm - 4:00 pm


• The EEOC
  Tuesday February 20, 2007, 1:00 pm - 4:00 pm


• Equal Employment Opportunity/Affirmative Action
  Friday February 23, 2007, 9:00 am - 12:00 pm


• The Protected Class of Disability
  Thursday March 1, 2007, 1:00 pm - 4:00 pm


• The Americans with Disabilities Act (ADA)
  Friday March 2, 2007, 9:00 am - 12:00 pm


• Unlawful Workplace Harassment
  Friday March 9, 2007, 9:00 am - 12:00 pm


• Study Circles on Race and Race Relations
  Mondays Mar 12 - Apr 16, 5:00 pm - 7:00 pm
  Tuesdays Mar 13 - Apr 10, 3:00 pm - 7:00 pm


• The Protected Classes of Religion and Creed
  Wednesday March 14, 2007, 9:00 am - 12:00 pm


• Diversity, Discrimination and Affirmative Action
  Wednesday March 21, 2007, 9:00 am - 12:00 pm


• Legacies + Layers = Lenses
  Thursday March 29, 2007, 9:00 am - 12:00 pm


• Diversity in the Workplace: A Business Perspective
  Friday April 5, 2007, 6:00 pm - 9:00 pm
  


• Affirmative Action in Action
  Wednesday April 11, 2007, 9:00 am - 12:00 pm


• Building Bridges: Strengthening Leadership for Diverse Communities
  Thursday April 12, 2007, 9:00 am - 4:30 pm


• Equal Opportunity Jeopardy
  Wednesday April 18, 2007, 9:00 am - 12:00 pm

Did you know... ?

On December 1, 2006, the Disability Services Office administered 39 exams on behalf of faculty who needed to provide testing accommodations for students with disabilities. Each student, on average, had 2 hours and 5 minutes to complete his/her exam. That means that the DSO administered... 4,875 minutes of exams, or 81 hours and 15 minutes of exams, or 3 days and 8 hours of exams... all within an 8-hour day.

OEO Resource Directory

Office for Equal Opportunity (OEO)
1 Holladay Hall
Campus Box 7530
919-515-3148
www.ncsu.edu/equal_op

Disability Services Office (DSO)
1900 Student Health Center
Campus Box 7509
919-515-7653
www.ncsu.edu/dso

Disability Hotline
To report a disability or accommodation issue or concern, send email to ADAHotline@ncsu.edu.

Discrimination or Harassment Complaints or Concerns
For help with a discrimination or harassment concern, contact Amy Circosta at 919-513-1234 or amy_circosta@ncsu.edu. You can also submit a harassment complaint online at www.ncsu.edu/equal_op/harassment/
harassment_complaint_form.html, or send email to report_harassment@ncsu.edu.

Hiring Procedures & Search Committee Orientations
If you are beginning a new search for a position, OEO encourages you to call 919-515-3148 to schedule a search committee orientation.

Workshops & Course Offerings
For information about our workshops and course offerings, please see www.ncsu.edu/equal_op/education.html or contact Beverly Jones Williams at 919-513-3836.

Online Training
We offer online training versions of some of our workshops. See www.ncsu.edu/project/oeo-training.

Faculty Exit Interviews
If you are a departing faculty member, please contact Carson C. Cook at 919-513-2099 or carson_cook@ncsu.edu to schedule your exit interview.

About Equal_Op
This newsletter is published by the Office for Equal Opportunity at NC State University. It is available online at www.ncsu.edu/equal_op/pubs.html and in alternate formats upon request.

If you have questions or comments regarding this newsletter, please contact the Office for Equal Opportunity at 919-515-3148 or by email.