Affirmative Action OfficeAffirmative Action Office

Search Committee BriefingSearch Committee BriefingKenneth Lehrman III, Ph.D., J.D. Kenneth Lehrman III, Ph.D., J.D.

Vice Provost for Affirmative ActionVice Provost for Affirmative Action

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PurposePurpose Penn StatePenn State’’s commitment and s commitment and

obligations to aa/eeoobligations to aa/eeo Role of search committees in meeting Role of search committees in meeting

this commitment and obligationthis commitment and obligation ConsistentConsistent and and EquitableEquitable practices to practices to

ensure a diverse pool of applicants in ensure a diverse pool of applicants in every searchevery search

Administrative ProcedureAdministrative Procedure Retention StrategiesRetention Strategies

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Briefing OutlineBriefing Outline

Legal Framework of SearchesLegal Framework of Searches Roles and ResponsibilitiesRoles and Responsibilities Search ProcessSearch Process Administrative ProcedureAdministrative Procedure After the SearchAfter the Search

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Legal Framework and Legal Framework and DefinitionsDefinitions

Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 19641964

The Americans with Disabilities Act The Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1990 and the Rehabilitation Act of 1973of 1973

Executive Order 11246 of 1965Executive Order 11246 of 1965

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Key ConceptsKey Concepts Equal Employment OpportunityEqual Employment Opportunity::

The legally protected right of all The legally protected right of all people to be evaluated on ability and people to be evaluated on ability and potential to perform a jobpotential to perform a job

Affirmative ActionAffirmative Action:: Good faith efforts Good faith efforts to eliminate barriers in recruiting, to eliminate barriers in recruiting, hiring, promoting and retaining hiring, promoting and retaining minorities, women, people with minorities, women, people with disabilities, and Vietnam-era veteransdisabilities, and Vietnam-era veterans

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Roles and Roles and ResponsibilitiesResponsibilities

The Affirmative Action OfficeThe Affirmative Action Office Dean/Department HeadDean/Department Head Search Committee Chair Search Committee Chair Search Committee MembersSearch Committee Members

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The The Affirmative Affirmative

Action OfficeAction Office Implements the Implements the

UniversityUniversity’’s s legal dutieslegal duties as an aa/eeo employeras an aa/eeo employer

Establishes a Establishes a framework framework that provides all that provides all candidates fair and candidates fair and consistent treatment consistent treatment throughout the hiring throughout the hiring processprocess

Offers advice on Offers advice on best best practicespractices for promoting for promoting diversity in the search diversity in the search processprocess

Notifies the Affirmative Notifies the Affirmative Action Office when a Action Office when a search is authorizedsearch is authorized

Appoints search Appoints search committees that reflect the committees that reflect the diversity of the departmentdiversity of the department

Provides the Provides the search chargesearch charge Emphasizes the value of Emphasizes the value of

diversitydiversity Defines the extent of the Defines the extent of the

committeecommittee’’s authority and s authority and dutiesduties

Dean/Dean/Department Department

HeadHead

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Search Search Committee Committee

ChairChair Ensures that all applicants Ensures that all applicants

are considered fairly are considered fairly throughout the processthroughout the process

Understands and Understands and communicates communicates departmental affirmative departmental affirmative action goalsaction goals

Establishes Establishes consistent consistent protocolsprotocols and and proceduresprocedures

Emphasizes the importance Emphasizes the importance of confidentialityof confidentiality

Understand and keep in Understand and keep in mind the departmentmind the department’’s s affirmative action goalsaffirmative action goals

Identify and Identify and activelyactively recruit recruit highly qualified candidates highly qualified candidates from diverse populationsfrom diverse populations

Make personal contacts, and Make personal contacts, and encourage candidates to encourage candidates to applyapply

Refer all external inquiries Refer all external inquiries to the chair of the to the chair of the committeecommittee

Search Search CommitteCommitte

e e MembersMembers

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The Search ProcessThe Search Process PlanningPlanning AdvertisingAdvertising RecruitingRecruiting Receipt of Application Materials & Initial Receipt of Application Materials & Initial

ScreeningScreening Reviewing Diversity of Short ListReviewing Diversity of Short List Preparing for Campus VisitsPreparing for Campus Visits Interviewing FinalistsInterviewing Finalists Considerations for Determining Considerations for Determining ““Best QualifiedBest Qualified”” Recommending the Top CandidateRecommending the Top Candidate

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Planning and AdvertisingPlanning and Advertising Discuss position in light of future direction of the Discuss position in light of future direction of the

departmentdepartment Develop consensus on screening criteria, Develop consensus on screening criteria,

including intellectual and cultural diversityincluding intellectual and cultural diversity Use flexible terms like Use flexible terms like ““shouldshould”” rather than rather than ““mustmust”” Use rolling rather than fixed deadlinesUse rolling rather than fixed deadlines Send a copy of the proposed announcement and Send a copy of the proposed announcement and

recruitment strategy to AAO recruitment strategy to AAO priorprior to posting the to posting the announcementannouncement

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Recruiting Recruiting AggressivelyAggressively NETWORK: internally and externallyNETWORK: internally and externally Make personal contacts at Make personal contacts at

professional conferencesprofessional conferences Maintain ongoing list of recipients of Maintain ongoing list of recipients of

post-docs, awards, fellowshipspost-docs, awards, fellowships Solicit nominees from departments Solicit nominees from departments

at institutions that serve high at institutions that serve high proportions of traditionally proportions of traditionally underrepresented groupsunderrepresented groups

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Receiving Application Receiving Application MaterialsMaterials

As a matter of professional courtesy As a matter of professional courtesy and sound and sound legal practice,legal practice, acknowledge acknowledge receipt of each applicationreceipt of each application

Include Include Search NumberSearch Number and link to and link to the the Affirmative Action Data CardAffirmative Action Data Card in in letters of acknowledgementletters of acknowledgement

Also include relevant information Also include relevant information demonstrating department, college demonstrating department, college and university commitment to and university commitment to diversitydiversity

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Screening Screening ApplicantsApplicants

Evaluate diversity in pool byEvaluate diversity in pool by frequently frequently consulting consulting Applicant PoolsApplicant Pools on the AAO home page at: on the AAO home page at:

http://www.affirmativeaction.psu.edu Reaffirm consensus on selection criteriaReaffirm consensus on selection criteria Be sensitive to biases in evaluation that can Be sensitive to biases in evaluation that can

inadvertently screen out otherwise competitive inadvertently screen out otherwise competitive candidates:candidates:

non-traditional career pathsnon-traditional career paths research journal/graduate school elitismresearch journal/graduate school elitism breaks in research recordbreaks in research record

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Non-conscious Non-conscious HypothesesHypotheses

SchemasSchemas (stereotypes and (stereotypes and expectations) influence our judgments of expectations) influence our judgments of others, regardless of our own groupothers, regardless of our own group

Allow efficient, if often inaccurate, Allow efficient, if often inaccurate, processing of informationprocessing of information

Often conflict with our conscious attitudesOften conflict with our conscious attitudes Change based on experienceChange based on experienceNosek, Banaji & Greenwald (2002) Nosek, Banaji & Greenwald (2002) Group Dynamics: Theory, Research and Practice, Group Dynamics: Theory, Research and Practice, 6, 6,

101-115101-115Fiske, Cuddy, Gilick & Xu (2002) Fiske, Cuddy, Gilick & Xu (2002) Journal of Personality and Social Psychology, Journal of Personality and Social Psychology, 82 (6), 82 (6),

878-902878-902

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Schemas are…Schemas are… Widely culturally sharedWidely culturally shared

- Both men and women hold them about gender- Both men and women hold them about gender- Both whites and people of color hold them - Both whites and people of color hold them about race/ethnicityabout race/ethnicity

Applied more under circumstances of:Applied more under circumstances of:- Ambiguity (including lack of information)- Ambiguity (including lack of information)- Time pressure- Time pressure- Stress from competing tasks- Stress from competing tasks- Lack of critical mass- Lack of critical mass

Fiske (2002), Fiske (2002), Current Directions in Psychological Current Directions in Psychological Science, Science, 11, 123-12811, 123-128

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For example, schemas For example, schemas affect:affect:

Blind AuditionsBlind Auditions- Audition data from 14,000 individuals - Audition data from 14,000 individuals show the use of a screen increases the show the use of a screen increases the probability that a woman will advance probability that a woman will advance from preliminary rounds by 50%from preliminary rounds by 50%- Roster data from 11 major orchestras - Roster data from 11 major orchestras show the switch to blind auditions show the switch to blind auditions accounts for 30% of the increase in the accounts for 30% of the increase in the proportion of women among new hiresproportion of women among new hires

Goldin & Rouse (2000), Goldin & Rouse (2000), The American Economic review, The American Economic review, 90, 4, 715-74190, 4, 715-741

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Schemas also affect . . .Schemas also affect . . . Evaluation of Identical Resumes: Evaluation of Identical Resumes: RACERACE

- Applicants with African American-sounding - Applicants with African American-sounding names had to send 15 resumes to get a callback, names had to send 15 resumes to get a callback, compared to 10 needed by applicants with white-compared to 10 needed by applicants with white-sounding namessounding names- White names yielded as many more callbacks as - White names yielded as many more callbacks as an additional eight years of experiencean additional eight years of experience- The higher the resume quality, the larger the gap - The higher the resume quality, the larger the gap between callbacks for white and African American between callbacks for white and African American namesnames

Bertrand & Mullainathan (2004) Bertrand & Mullainathan (2004) American Economic Review,American Economic Review, 94 (4), 991-1013 94 (4), 991-1013

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Schemas also affect . . .Schemas also affect . . . Evaluation of Identical Resumes: Evaluation of Identical Resumes: GENDERGENDER

- When evaluating identical application packages, - When evaluating identical application packages, male and female university psychology professors male and female university psychology professors preferred 2-1 to hire preferred 2-1 to hire ““BrianBrian”” over over ““KarenKaren”” as an as an assistant professorassistant professor- When evaluating a more experienced record (at the - When evaluating a more experienced record (at the point of promotion to tenure), reservations were point of promotion to tenure), reservations were expressed four times more often when the name was expressed four times more often when the name was femalefemale

Steinpreis, Anders & Ritzke (1999), Steinpreis, Anders & Ritzke (1999), Sex RolesSex Roles, 41, 509, 41, 509

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Schemas also affect . . . Schemas also affect . . . Evaluation of Identical Resumes: Evaluation of Identical Resumes: SEXUAL SEXUAL

ORIENTATIONORIENTATION (law students) (law students)-Gay-labeled male applicants received 62% as many -Gay-labeled male applicants received 62% as many offers as other male applicantsoffers as other male applicants- Gay-labeled female applicants received half as many - Gay-labeled female applicants received half as many offers as female applicantsoffers as female applicants

Adam (1981) Adam (1981) The Canadian Review of Sociology and Anthropology, The Canadian Review of Sociology and Anthropology, 18(2): 216-22118(2): 216-221

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Why do Race cues produce different Why do Race cues produce different evaluations?evaluations?

Identical resumes, but Identical resumes, but ambiguousambiguous fitfit of of credentials to jobcredentials to job (rather than (rather than ambiguous credentials)ambiguous credentials)- A sample of white evaluators recommended:A sample of white evaluators recommended:

Black candidateBlack candidate 45% of time 45% of timeWhite candidateWhite candidate 76% of time 76% of time

White candidates get White candidates get ““benefit of doubtbenefit of doubt”” in in ambiguous situations – bias leading to ambiguous situations – bias leading to advantage advantage

Dovidio & Gaertner (2000) Dovidio & Gaertner (2000) Psychological Science,Psychological Science, 11, 315-319 11, 315-319

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Letters of Recommendation for Successful Letters of Recommendation for Successful Medical School Faculty ApplicantsMedical School Faculty Applicants

Letters for Letters for menmen- Longer- Longer- More references to scholarship- More references to scholarship

Letters for Letters for womenwomen- Shorter- Shorter- More references to personal life- More references to personal life- More doubt raisers (hedges, faint praise, - More doubt raisers (hedges, faint praise, irrelevancies)irrelevancies)““ItIt’’s amazing how much shes amazing how much she’’s accomplished.s accomplished.””““It appears her health is stable.It appears her health is stable.””““She is close to my wife.She is close to my wife.””

Trix & Psenka (2003) Trix & Psenka (2003) Discourse and Society, Vol.14(2): 191-220Discourse and Society, Vol.14(2): 191-220

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Diversity on Search Diversity on Search CommitteesCommittees

When a group lacks critical mass, When a group lacks critical mass, reliance on schemas is greaterreliance on schemas is greater

Valian (1998) Valian (1998) Why So Slow? The Advancement of Women, Why So Slow? The Advancement of Women, Cambridge: MIT Cambridge: MIT Press, p.280Press, p.280

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ReviewingReviewing Diversity in the Diversity in the Short ListShort List

If department is underrepresented for If department is underrepresented for minorities and/or women, complete the minorities and/or women, complete the Short Short List Approval FormList Approval Form and return to AAO prior and return to AAO prior to inviting candidates for interviewsto inviting candidates for interviews

Short List Short List (with affirmative action data)(with affirmative action data) will will be returned to chair with copies to the be returned to chair with copies to the department head and deandepartment head and dean

When department is underrepresented, When department is underrepresented, affirmative action data may be used to break affirmative action data may be used to break a tiea tie between candidates that are ostensibly between candidates that are ostensibly equally well qualifiedequally well qualified

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Preparing for Campus Preparing for Campus VisitsVisits

When arranging interviews, explore the candidateWhen arranging interviews, explore the candidate’’s s possible need for reasonable accommodation for a possible need for reasonable accommodation for a disability. disability. Ask (only): Ask (only): ““Will you need any special Will you need any special accommodations for your interview?accommodations for your interview?””

Whether or not the candidate requests an Whether or not the candidate requests an accommodation, ensure that interviews, accommodation, ensure that interviews, presentations, lodging and dining arrangements are presentations, lodging and dining arrangements are mobility accessiblemobility accessible

Maintain a physical environment that demonstrates Maintain a physical environment that demonstrates that Penn State values diversity and inclusivenessthat Penn State values diversity and inclusiveness

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Interviewing Finalists Interviewing Finalists Be careful not to ask inappropriate questions Be careful not to ask inappropriate questions

regarding marital status, age, religion, race, regarding marital status, age, religion, race, ethnicity, disability, ethnicity, disability, etc.etc.

Be prepared to respond to inquires regarding Be prepared to respond to inquires regarding delicate issues. For example:delicate issues. For example: Do not ask questions regarding a disability, but be willing to Do not ask questions regarding a disability, but be willing to

respond to accommodation inquiries by informing respond to accommodation inquiries by informing candidates that Penn State is committed to compliance with candidates that Penn State is committed to compliance with the ADAthe ADA

Afford underrepresented candidates the Afford underrepresented candidates the opportunity to meet privately with others who opportunity to meet privately with others who can provide relevant information and personal can provide relevant information and personal experienceexperience

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Determining Determining ““Best Best QualifiedQualified””

Federal regulations governing equal opportunity Federal regulations governing equal opportunity andand affirmative action stipulate that an employer should hire affirmative action stipulate that an employer should hire ““the best qualifiedthe best qualified”” candidate candidate

Legally,Legally, the best qualified candidate must: the best qualified candidate must: Meet Meet minimum qualificationsminimum qualifications Fit the Fit the substantive parameterssubstantive parameters of the position announcement, of the position announcement,

including rank, area of teaching and research concentrationincluding rank, area of teaching and research concentration Beyond minimum requirements, Beyond minimum requirements, ““best qualifiedbest qualified”” is an open is an open

textured concept affording professionals significant textured concept affording professionals significant latitudelatitude

Excellence in teaching, research and service are the Excellence in teaching, research and service are the UniversityUniversity’’s top priorities: s top priorities: ““excellenceexcellence”” must be understood must be understood in the context of an array of core values that define Penn in the context of an array of core values that define Penn StateState

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Documenting the SearchDocumenting the Search Record Record various iterationsvarious iterations of of

the position advertisement the position advertisement and the rationale behind the and the rationale behind the final versionfinal version

Maintain files for Maintain files for allall individuals who indicated individuals who indicated an interestan interest (even candidates (even candidates with incomplete files are with incomplete files are legally considered legally considered ““applicantsapplicants””))

Document the criteria usedDocument the criteria used to screen applicants beyond to screen applicants beyond minimum qualificationsminimum qualifications

Document anyDocument any additional additional criteriacriteria used to select the used to select the short list and the list of short list and the list of finalistsfinalists

Maintain the Maintain the list of core list of core questionsquestions utilized during utilized during the interviewthe interview

Provide a brief Provide a brief explanation for explanation for elimination of individual elimination of individual candidates selected for candidates selected for the short list but not the short list but not offered interviewsoffered interviews

Offer specific reasons for Offer specific reasons for selection of the selection of the successful candidate and successful candidate and others interviewed but others interviewed but not selectednot selected

Maintain records for at Maintain records for at least least three yearsthree years

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The Administrative The Administrative ProcessProcess

Notify the Affirmative Action Office – Notify the Affirmative Action Office – Form A

AAO provides AAO provides availability estimatesavailability estimates – – Form B

Chair provides recruitment plan and proposed Chair provides recruitment plan and proposed advertisement – advertisement – Form B

Receipt of application materialsReceipt of application materials

Refer applicants to AAO website to submit Refer applicants to AAO website to submit AA Data Card

Review the composition of the Review the composition of the Short List

Document the search – Document the search – Form C

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FORM AFORM A

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FORM BFORM B

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SHORT LIST APPROVAL SHORT LIST APPROVAL FORMFORM

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FORM CFORM C

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After the Search: Retention After the Search: Retention StrategiesStrategies

Provide assistance to Provide assistance to secure a smooth transition secure a smooth transition in the new positionin the new position

Campus TourCampus Tour Community ResourcesCommunity Resources

Promote collegiality by Promote collegiality by developing activities developing activities which facilitate interactionwhich facilitate interaction

Between group Between group collaboration/networkingcollaboration/networking

Within group Within group collaboration/networkingcollaboration/networking

Plan for change in the Plan for change in the departmentdepartment’’s culture and s culture and practices:practices: Recognize different Recognize different

styles of working and styles of working and interactinginteracting

Address collegial issues Address collegial issues when they arise:when they arise:

Develop clear Develop clear strategies/guidelines for dealing strategies/guidelines for dealing with conflictwith conflict

Address the Address the ““colorcolor”” or or ““gendergender”” blind notion blind notion

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After the Search: Retention After the Search: Retention StrategiesStrategies

Recognize issues that are Recognize issues that are unique to minority faculty unique to minority faculty members:members: Representing the Representing the

““groupgroup”” ““ShelvingShelving””

themselvesthemselves Balancing Balancing

internal/external internal/external community servicecommunity service

Guard against Guard against excessive excessive community servicecommunity service

Mentoring: a key strategyMentoring: a key strategy A Reciprocal Process: A Reciprocal Process:

Impacts Impacts RecruitmentRecruitment and and RetentionRetention

Reduces the isolation and Reduces the isolation and alienation of being alienation of being ““the the firstfirst”” or or ““one of a fewone of a few”” within a departmentwithin a department

Sends a strong message Sends a strong message of departmental of departmental commitment to promoting commitment to promoting diversity and inclusiondiversity and inclusion

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Effective MentoringEffective Mentoring Mutual Respect & TrustMutual Respect & Trust Commitment to overall Commitment to overall

goalsgoals Willingness to learn Willingness to learn

about self and others:about self and others: StrengthsStrengths

ChallengesChallenges Willingness to share Willingness to share

power and privilegepower and privilege

Do not assume that Do not assume that mentoring is more mentoring is more beneficial when mentor beneficial when mentor and protégé are of the and protégé are of the same gender, same gender, race/ethnicity, discipline, race/ethnicity, discipline, or share similar or share similar professional interests:professional interests:

AAcknowledge the cknowledge the differences/similaritiesdifferences/similarities

BBecome comfortable ecome comfortable asking questionsasking questions

CCreate safe spaces for reate safe spaces for learning to occurlearning to occur

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A Final WordA Final Word

The process of recruiting and The process of recruiting and retaining a diverse faculty retaining a diverse faculty population requires that we be population requires that we be open to and prepared for the open to and prepared for the challenges that come with challenges that come with accomplishing our goals. accomplishing our goals.