How is race/ethnicity data currently gathered from applicants and employees?

At UC Berkeley, all applicants are asked to voluntarily provide their race/ethnicity and gender immediately after submitting their application online. Once hired, employees are asked to use the Demographic Data Transmittal Form to voluntarily provide their race/ethnicity, disability status, and veteran status. Race or ethnicity is not assigned or visually identified or recorded if an employee declines to state his or her race or ethnicity.

Why is race/ethnicity data currently gathered from applicants and employees?

The University of California uses race/ethnicity data in the statistical evaluation of employment and contracting policies to ensure compliance with its own employment policies and with federal and state regulations (including Proposition 209) regarding equal employment opportunity for all employees, including applicants. As a federal contractor, UC is further required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Affirmative action programs require employers to collect data to identify and analyze potential problems in the participation and utilization of women and minorities in their work force.

How is race/ethnicity data from applicants and employees currently used?

In the recruitment and selection process, applicant race/ethnicity information is presented in an aggregated (summarized) format to help recruiters and hiring managers assess the total applicant pool and determine whether good faith efforts in inclusive outreach have been successful, given affirmative action recruitment goals. Recruiters and those involved in the selection do not have access to the race/ethnicity of individual applicants. Department staff involved in the selection and hiring process are not allowed to provide any preference to applicants on the basis of race, ethnicity, color, national origin, or sex, according to both state and federal compliance requirements.

Similarly, decisions about personnel actions for employees (including but not limited to salary increases, promotion, transfer, and termination) cannot be made on the basis of race, ethnicity, color, national origin, or sex. This data is confidential and used only for limited purposes. Affirmative action analysts in Human Resources use aggregated race/ethnicity information to monitor for possible discrimination in employment practices.

What are the consequences of not fulfilling the requirements of this regulation?

The Office of Federal Contracts and Compliance (OFCCP) monitors compliance of federal contractors and conducts audits. Penalties for non-compliance can range from fines after an on-site audit to loss of all federal contracts. OFCCP collected approximately $45 million for 14,761 American workers in fiscal year 2005.

Does the regulation apply to all recruiting, selections, and hiring at the University?

Yes, our status as a federal contractor and related obligations extend to all divisions and departments of the University of California, not just to the faculty and departments who receive federal contracts funding.

What is the Interview Data Form (IDF)? When should the IDF be completed? When will I be asked for the completed IDF?

The Interview Data Form (IDF) is the final step in the process of closing a recruitment. The IDF documents the interview process and demonstrates the legal basis for making your hiring decision, ensuring uniform review standards were applied to all candidates interviewed.

The hiring department is the office of record for the completed IDF. It is important to keep this document in an accessible place so that the IDF can be made available upon request; e.g., a request from an applicant who was interviewed. The IDF may also be used as documentation in official proceedings regarding employee complaints and grievances, in Unfair Labor Practice cases, EEOC/DFEH complaints, and other legal actions.

Why does this new regulation apply to the University of California, Berkeley?

As a federal contractor, the University of California is required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Proposition 209, approved by the majority of Californians who voted in November 1996, banned the use of race, religion, sex, color, ethnicity, or national origin as criteria in its employment practices. However the proposition permits “action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in loss of federal funds to the state.” Since the University of California is a federal contractor, it is required to maintain an affirmative action program to retain eligibility for federal funds.

What are the deselection reasons in TAM?

These deselection reasons are most likely to be used during the select for interview stage:

  • Minimally Qualified
  • Not Minimally Qualified
  • SPC-Not Minimally Qualified

These deselection reasons are most likely to be used during the interview, offer, and eligibility checking stages:

  • Accepted Another (non UCB) Job
  • Failed to Show Up at Interview
  • Ineligible - Employment Cond
  • Lacks Required Credentials
  • Minimally Qualified
  • Misrepresentation
  • Offer Rejected
  • Other Hired - Outstnding Cnd
  • Selected for Other UCB Position
  • SPC-Refused Offer
  • Unable to Contact
  • Withdrawn

These deselection reasons are applied by the system:

  • MinimallyQualified-OtherHired
  • Requisition Cancelled

What is the scope of the new regulation?

The regulation extends beyond just providing a new definition of applicant in the internet era. The regulation created new obligations for applicant tracking record-keeping, instructs employers when and how to consider employment tests, directs employers to document the use of resume databases, and statistical analysis of applicant flow data.

For more information, see OFCCP’s Internet Applicant FAQs and the new regulation.

How does our current business practice and processes for hiring managers and TAM originators meet the requirements?

Our staff recruitment processes and the TAM (Talent Acquisition Manager) system are set up to fulfill the applicant tracking requirements of the regulation.

We ask that hiring managers review their selection procedures and ensure that every applicant's status is recorded accurately and completely in the TAM system. This may require close coordination and communication with the departmental TAM originators. For example, the hiring manager should provide the originator with a list of all applicants with deselection reason after the applicants have been reviewed and interview candidates are selected so that the originator can update the deselection or interview status completely and on a timely basis.

Hiring managers are also reminded that they need to complete and sign the Interview Data Form (IDF), attach the required paperwork (published minimum qualifications for the job, selection criteria, and interview questions), and file. [Note: This will shift to an online Interview Evaluation section in TAM when that is completed. Information will be sent out when it is ready.]