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Section 402 of the Vietnam Era Veterans Readjustment Assistance Act prohibits discrimination against any employee or applicant for employment because he or she is a Disabled Veteran or Vietnam Era Veteran with regard to any position, for which the employer or applicant for employment is qualified.
In accordance with such statute and the Research Foundation's own policies and programs or equal opportunity and non-discrimination the Foundation has adopted this Affirmative Action Plan for employment of Special Disabled Veterans and Vietnam Era Veterans (as defined herein) which provides that such veterans shall be given every opportunity for employment and promotion commensurate with their ability and qualifications to perform the specific jobs for which they may be considered.
This program will be reviewed annually and any significant changes in procedures or rights or benefits will be communicated to employees and applicants for employment.
The term "Special Disabled Veteran," for the purpose of this Affirmative Action Plan, means a veteran who is entitled to compensation (or who but the receipt of military retired pay would be entitled to compensation) under laws administered by the Veterans Administration for a disability rated at 30 percent or more; or rated at 10 or 20 percent in the case of a veteran who has been determined under section 1506 of Title 38, U.S. Code, to have a serious employment handicap, or a person who was discharged or released from active duty because of a service-connected disability. The term "significant employment handicap" means a significant impairment of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes and interests.
The term "Vietnam Era Veteran" means a person who served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1985, and was discharged or released therefrom with other than a dishonorable discharge, or was discharged or released from active duty for service-connected disability if any part of such duty was performed during the Vietnam Era. No veteran may be considered to be Vietnam Era Veteran under this Plan after December 31, 1991.
All applications for employment and current employees who believe themselves to be covered by the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and who wish to benefit under the Affirmative Action Program, are invited to identify themselves either on the employment application form or by completing Form #F182-588, "Self-Identification of Special Disabled Veterans and Vietnam Era Veterans" available in the Personnel Office or Affirmative Action Office.
It is the policy of The Research Foundation of State University of New York that no qualified Special Disabled Veteran or Vietnam Era Veteran shall be excluded from participation in Research Foundation employment or be subject to discrimination as a result of such employment. The Research Foundation will employ, advance in employment and otherwise treat Special Disabled Veterans and Vietnam Era Veterans without discrimination in all employment practices including, but not limited to, advertising, recruitment, employment, upgrading, demotion or transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training.
Employees identifying themselves as Special Disabled Veterans will be asked to provide information as to any special accommodations which would be required to enable them to perform the job applied for properly and safely, such as special equipment, changes in physical layout or elimination of certain tasks relating to the job. This, together with information relative to any special skills learned by the Special Disabled veterans will be used to ascertain whether such individuals may qualify for positions, which they might otherwise be unable to perform because of disability.
The Foundation reserves the right to request a pre-employment comprehensive medical examination at the Foundation's expense but the results will not be used to exclude or otherwise limit employment opportunities of qualified Special Disabled Veterans or Vietnam Era Veterans.
The Foundation will make every effort to assist employees identified as Special Disabled Veterans or Vietnam Era Veterans to reach their full employment potential. Self-identification shall be voluntary, and refusal to provide it will not subject a person to discharge, disciplinary action or other adverse treatment. Information obtained concerning individuals shall be kept confidential except that (a) supervisors may be informed regarding restrictions on the work or duties of disabled or handicapped veterans, (b) first aid and safety personnel may be informed, when and to the extent appropriate, the condition might require emergency treatment and (c) government officials investigating compliance with the Act will be informed.
The Foundation will continually review all physical and mental job qualification requirements to ascertain whether they tend to screen out qualified Special Disabled Veterans and Vietnam Era Veterans. If such a tendency is identifies, these job qualifications will be further reviewed to determine their job-relatedness and their consistency with business necessity and the safe performance of jobs.
As Special Disabled Veterans and Vietnam Era Veterans are considered for employment, only those portions the military and discharge paper pertinent to the specific job qualifications may be reviewed b the Personnel Department.
The Foundation will continually review it personnel practices and procedures to assure that they result in careful, thorough and systematic consideration of the job qualifications of those known to be Special Disabled Veterans or Vietnam Era Veterans.
Reasonable physical accommodation for handicapped or Special Disabled Veterans will be determined through consultation with line management and supervisory groups and will be made after considerations of business necessity, financial costs and expense.
Compensation offered to Special Disabled Veterans and Vietnam Era Veterans shall not be reduced because of disability income, pension or other benefits the applicant or employee receives from another source.
To meet its own commitments and satisfy Affirmative Action obligations forth in Section 402 of the Vietnam's Era Readjustment Assistance Act of 1974 to undertake outreach and positive recruitment activities, the Research Foundation will take the following action-oriented procedures on behalf of Special Disabled Veterans and Vietnam Era Veterans:
Internally communicate its obligation to engage in Affirmative Action efforts to employ Special Disabled Veterans and Vietnam Era Veterans in such a manner as to foster understanding, acceptance and support among the Foundation's executive management, supervisory and all other employees and to encourage such persons to take the necessary action to aid the Foundation in meeting this obligation.
Develop reasonable internal procedures to ensure that the Foundation's obligation to engage in Affirmative action to employ and promote Special Disabled Veterans and Vietnam Era Veterans is being full implemented.
Periodically inform all employees of the Foundation's commitment to engage in Affirmative Action to increase employment opportunities for Special Disabled Veterans and Vietnam Era Veterans.
Enlist the assistance and support of all possible recruitment sources (organizations and offices, which serve Special Disabled Veterans and Vietnam Era Veterans,) in support of the Foundation's commitment to provide meaningful employment opportunities to members of these protected groups.
Establish meaningful contacts with appropriate social service organizations, vocational rehabilitation agencies of facilities, for such purposes as advice, technical assistance and referral of potential employees.
Review employment records to determine the availability of promotable and transferable Special Disabled veterans or Vietnam Era Veterans presently employed, and to determine whether their present and potential skill s are being fully utilized or developed.
Use appropriate media for institutional employment advertising to indicate the Foundation's commitment to non-discrimination and Affirmative Action in regard to Special Disabled Veterans or Vietnam Era Veterans.
Through Foundation policy and procedures manuals and other publications, this institution's policy of and commitment to Equal Opportunity and Affirmative Action for Special Disabled Veterans and Vietnam Era Veterans will be promulgated among Foundation central staff, Foundation employment offices on SUNY campuses, community members and agencies within the recruiting area.
Administrators with hiring responsibilities will be informed that Federal legislation and regulations require that they take Affirmative Action to employ qualified Special Disabled Veterans and Vietnam Era Veterans.
Agencies and organizations such as the New York State Department of Social Services, Office of Vocational Rehabilitation, the New York State Division of Veterans Affairs as well as the service officers of other national organizations and local service centers serving veterans will be called upon as needed to assist the Foundation in its recruitment efforts. State vocational rehabilitation agencies, sheltered workshops, state educational agencies, etc., which participate in training of the handicapped will be utilized where necessary to aid in recruitment.
The Foundation will post in conspicuous places, available to employees and applicants for employment, notices of the Foundation's obligation and intent to take Affirmative Action to employ and advance in employment qualified Disabled posting will include a statement that employees and applicants are protected from coercion, intimidation, interference or discrimination for filing a complaint or assisting in an investigation under the Act.
The Research Foundation is composed of a Central Office in Albany, New York, and an Office of Sponsored Funds or Research or a campus official administering sponsored funds at various campuses of State University of New York. Each campus location on which Foundation personnel are employed is responsible for formulating its own plan for Affirmative Action for Special Disabled Veterans or Vietnam Era Veterans, using this Research Foundation Plan as guide. Campus policy will dictate whether the plan is written and administered by the Office of Sponsored Funds, or some other official.
The Research Foundations Affirmative Action Officer is responsible, subject to the direction of management, for the development and implementation, of this Affirmative Action plan in accordance with policies adopted by the Foundation's Board of Directors, as well as for compliance oversight. Responsibilities of this office are set forth more fully on pages 8,9, and 10 of the Foundation's Plan.
Each campus president, as chief executive officer of that campus, is the focus of responsibility and authority for campus Affirmative Action efforts on behalf of Special Disabled Veterans and Vietnam Era Veterans. The daily responsibility and authority for Research Foundation campus Affirmative Action efforts is delegated to the campus Affirmative Action Officer and/or Office of Sponsored Research, as determined by campus policy.
The campus Affirmative Action Office, with the assistance of the Personnel Department, will design and implement audit and reporting systems that will:
The Affirmative Action office will keep management informed of the latest developments in the entire Affirmative Action area.
Grievance Procedures for Albany Office staff, adopted by the Board of Directors of the Research Foundation on January 27, 1981, cover complaints by all employees alleging discrimination by the Foundation on the basis of race, color, national origin, religion, age, sex, disability, or marital status and, by reference, status as a Special Disabled Veteran or Vietnam Era Veteran.
For Foundation employees physically located on SUNY campuses, other grievance procedures apply. These are Grievance Procedures for Sponsored Fund Employees adopted by the Board of Directors on September 23, 1980 and amended January 27, 1981; and Grievance Procedures for Campus Support Staff adopted by the Board of Directors on September 23, 1980.
Copies can be obtained from the Personnel Office either at the Central Office or the campus.
The Foundation and each contractor and subcontractor shall include (directly or by reference) and Affirmative Action clause in each of its covered government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract):
The contractor will not discriminate against any employee or applicant for employment because he or she is a Disabled Veteran or Vietnam Era Veteran in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified Disabled Veterans and Vietnam Era Veterans without discrimination based upon their disability or veteran status, in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeships.
The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operate corporate affiliate, shall be listed as an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required.
State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs (d) and (e).
Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance or referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive Orders or regulations regarding nondiscrimination employment.
The reports required by paragraph (b) of this clause shall include, but not be limited to; periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of the State employment service. Such reports shall indicate for each hiring location (1) the number individuals hired during the reporting period, (2) the number of nondisabled Vietnam Era Veterans hired, (3) the number of disabled Vietnam Era Veterans hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the contracting officer or the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement.
Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the state. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause.
This clause does not apply to the listing of employment openings, which occur and are filled outside of the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.
As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production, and nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and professional openings as are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary emplyment of more than 3 days; duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of the institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the need s of the Government cannot reasonable be otherwise supplied, where listing would be contrary to national security, or where the requirement oflisting would otherwise not be for the best interest of the Government.
"Appropriate office of the State employment service system: means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.
"Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists.
"Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement," means employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees.
The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.
In the event of the contractor's noncompliance with the requirements of this clause; actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.
The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the laws to take affirmative action to employ and advance in employment qualified disabled veterans and Vietnam Era Veterans for employment, and the rights of applicants and employees.
The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans. Readjustment assistance Act, and is committed to take Affirmative Action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era.
The contractor will include the provisions of this clause in every subcontractor purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance.
Office: Kehoe 815
Phone: (518) 564-2155
Fax: (518) 564-2157