AFFIRMATIVE ACTION PROGRAM
FOR APPLICANTS AND EMPLOYEES WITH DISABILITIES

The President and Fellows of Harvard College have issued a policy statement setting forth the University’s commitment to equal employment opportunity and affirmative action which includes qualified employees with disabilities. The University’s Affirmative Action Program for employees with disabilities was published in the Harvard University Gazette in 1978; it is revised, as appropriate, and disseminated on a regular basis. Data on the number of Harvard employees with disabilities is available at the Office of the Assistant to the President, Holyoke Center, 9th Floor, Room 935.

Law and Regulation

The purpose of this section of the Affirmative Action Plan is to meet the obligations of Chapter 60 of Title 41 of the Code of Federal Regulations, Part 60-741, implementing Section 503 of the Rehabilitation Act of 1973.

Section 503(a) provides that contracts with the federal government in excess of $2,500 "shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals…" This provision applies as well to subcontracts in excess of $2,500. The language of the Rehabilitation Act itself does not purport to extend to subcontractors below the first tier. The Office of Federal Contract Compliance Programs has, however, interpreted the Department of Labor regulations to apply to all contractors working on government contract jobs, regardless of how far down the contracting ladder they are.

Additionally, every government contractor or subcontractor holding a contract of $50,000 or more and having 50 or more employees is required by the Department of Labor to maintain a written affirmative action program at each of its establishments, which complies with 40 C.F.R., Sec. 60-741.5.

In accordance with the aforementioned law and regulations, an individual with a disability is defined as one who (1) has a physical or mental impairment that substantially limits one or more of such person’s major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment.

A "qualified handicapped individual" means an individual with a disability as defined above who is capable of performing a particular job, with reasonable accommodation to his/her handicap.

The affirmative action requirements of the Act differ significantly from the affirmative action mandate of Executive Order 11246 in the following ways:

1. Affirmative action plans developed under the provisions of the Rehabilitation Act are not required to contain a utilization analysis or goals and timetables. The regulations thus recognize the unique nature of the work force with disabilities which, with its highly individualized skills, abilities, and limitations, does not lend itself to group generalizations for goals.
2. The University invites employees who believe themselves covered by the Act, and who wish to benefit from the Affirmative Action Program, to identify themselves. The information provided to the University under the provisions of this Act must be kept on a confidential basis.
3. The University must make a reasonable accommodation to the physical or mental limitations of the applicant or employee with a disability. In determining the extent of the contractor’s accommodation obligations, the following factors, among others, must be considered: (1) business necessity and (2) financial cost and expenses.

Labor Department regulations require that an affirmative action clause appear in all government contracts and subcontracts for the furnishing of supplies or services or for the use of real property for $2,500 or more. The clause must contain the following provisions: (1) that the employer will take affirmative action to employ, advance in employment, and otherwise treat individuals with disabilities without discrimination based upon their physical or mental impairment; (2) an agreement that the employer will be bound by the rules, regulations, and orders issued by the Secretary of Labor pursuant to the Act; (3) an agreement to take appropriate action in the event of noncompliance; (4) an agreement to post appropriate notices informing employees and applicants of the contractor’s affirmative action obligations under the Act; (5) an agreement to notify collective bargaining representatives of the contractor’s obligations under the Act; and (6) an agreement that the clause will be included in every subcontract or purchase order that exceeds $2,500, unless specifically exempted.

The regulations of the Labor Department require that the contractor make a reasonable accommodation to the physical and mental limitations of an employee unless the contractor can prove undue business hardship as demonstrated by business necessity, financial cost, and expenses or resulting personnel problems. 41 C.F.R. 60-741.5(d); 45 FR 86265 (1980).

In determining whether an "undue hardship" would be imposed by accommodation, the Labor Department regulations provide that the following factors should be considered: (1) the overall size of the recipient’s program with respect to the number of employees, number and type of facilities, and size of budget; (2) the type of the recipient’s operation, including the composition and structure of the recipient’s work force; and (3) the nature and cost of the accommodation needed. The weight assigned to each of these factors will vary depending upon the particular situation. 42 FR 22688.

Labor Department regulations require that the University policy must be stated, a plan for external and internal policy dissemination must be established, responsibility must be assigned, appropriate recruiting sources must be contacted, problem areas must be identified, and a plan for remedial action must be developed.

The Affirmative Action Plan at Harvard University

The attached Affirmative Action Plan format incorporates and reflects the elements of Affirmative Action Plan requirements set forth at 41 C.F.R. 60-741. The five primary actions taken by the University to ensure compliance include:

1. Reviewing the University’s employment practices to determine whether its personnel policies provide the required affirmative action for employment retention and advancement of individuals covered by the Act.
2. Reviewing its personnel process to determine whether present procedures ensure proper consideration of qualifications of applicants or employees covered by the Act for job vacancies (filled either by hiring or promotion), promotion, and training opportunities.
3. Reviewing all physical or mental job qualification requirements to ensure that they do not screen out qualified applicants, are job related, and are consistent with business necessity and safety.
4. Including affirmative action clauses in each of its covered government contracts or subcontracts.
5. Inviting all employees who believe themselves covered by the Act and who wish to benefit under the Affirmative Action Program to identify temselves.

In furtherance of its affirmative action obligations toward persons with disabilities, the University:

1. Utilizes publications to inform all employees of the Plan.
2. Posts information publicly to inform employees and applicants of the Rehabilitation Act of 1973.
3. Enlists the assistance of organizations serving and training individuals with disabilities, including, but not limited to, Massachusetts Department of Employment and Training, Massachusetts Rehabilitation Commission and The Resource Partnership.
4. Consults with local human resource professionals in determining reasonable accommodation, consistent with business needs, for such qualified individuals with disabilities on a case by case basis.
5. Coordinates internal procedures to ensure that the program is implemented.
6. Includes in its advertisements the program of nondiscrimination with respect to individuals with disabilities.
7. Reviews records of employees with disabilities, who self-identify and request consultation, to assist in identifying qualifications for professional development and/or training.
8. Provides written notification of the University’s obligation to its contractors and subcontractors.
9. Includes employees with disabilities in advertisements and University publications.

Responsibility for coordinating the overall Affirmative Action Plan for Persons with Disabilities has been delegated to the Office of the Assistant to the President (OAP). Any staff member may inspect a copy of the plan in the Office of the University Disability Coordinator, Holyoke Center Room 932, 1350 Massachusetts Avenue, Cambridge, Massachusetts.

The University’s Office of Human Resources ensures implementation of personnel policies when qualified individuals with disabilities are considered for hire or promotion. The Self Identification Form that includes coding for members of protected groups has been amended to include individuals with disabilities. Confidentiality is assured for those employees who so identify themselves.

Dissemination of Policy

Internal

Steps taken to disseminate the policy internally include:

1. Publication of the University policy in the Harvard University Personnel Manual.
2. Publication of the University policy in the preface to each Harvard Opportunities section of the Harvard University Gazette.
3. Discussion of the policy and Plan in management training programs for supervisors and managers as well as in special affirmative action workshops.
4. Discussion of the policy as part of orientation for new staff members and in updates of personnel policies and benefits for existing staff members.
5. Communication of the policy through written notice to officials of the Maintenance Trades Council of New England, AFL-CIO; Harvard University Police Association; Hotel, Restaurant, Institutional Employees and Bartenders Union, Local 26, AFL-CIO; Graphic Arts International Union, Local 600; Boston Typographical Union, #13, AFL-CIO; Service Employees International Union, Local 254; International Union of Operating Engineers, Local 877; and Harvard Union of Clerical and Technical Workers.
6. Posting the policy statement on bulletin boards in central, faculty, and departmental personnel offices.
7. Dissemination of the policy through memoranda to holders of the Harvard University Personnel Manual.

External

All of the University’s recruiting sources have been informed of Harvard’s equal employment opportunity policy and of its Affirmative Action Program. Lists of current openings are sent regularly to agencies and other recruitment sources for their information. Additional steps that have been taken by the University to disseminate this policy include:

1. Listing all appropriate positions with the Massachusetts Department of Employment and Training.
2. Contacting local offices or service organizations such as The Resource Partnership, Massachusetts Rehabilitation Commission, and Massachusetts Commission for the Blind.
3. Assuring that letters and advertisements that are used as part of the recruitment effort clearly state the University’s policy.
4. Assuring that all contractors and subcontractors are notified by written communication from the University’s director of purchasing of the University’s commitment and ongoing programs.

Employment Policies and Practices

Pre-employment procedures are scrupulously reviewed to ensure that individuals with disabilities do not face discrimination in the employment process. For example, there is no University-wide pre-employment medical examination requirement. Medical examinations are required only in those administrative units where health and physical condition are important safety considerations for those being served and for the welfare of the employee.

Harvard’s Affirmative Action Program is a good faith effort to hire and retain qualified persons with disabilities. The University has taken the following specific steps:

1. The Harvard University employment application and the entire selection process, both in the central Office of Human Resources and the faculties and other administrative units, have been reviewed to eliminate discriminatory practices.
2. A review has been conducted to make sure that the Offices of Human Resources are accessible to all applicants. Furthermore, faculties and departments are being notified that as part of their affirmative action obligation they must be prepared to interview Office of Human Resources referrals at an accessible site.
3. The central Office of Human Resources uses a map to refer qualified individuals with disabilities to buildings and facilities that are accessible. This does not preclude referring qualified persons with disabilities to job sites not presently accessible.
4. Departments are encouraged to make reasonable accommodations to hire qualified persons with disabilities. The Office of Human Resources and the Office of the University Disability Coordinator are each prepared to provide technical assistance in developing appropriate accommodations.
5. The University does not reduce the amount of compensation offered at the time of hire or promotion to individuals with disabilities based on prior disability, income, pension, or other benefits received from other sources.
6. Union officials and representatives of collective bargaining units have been informed of the University’s affirmative action policies and participate in efforts to make all staff members aware of the University’s commitment to these policies.
7. All union contracts contain appropriate affirmative action language. Contracts are reviewed by the General Counsel’s Office to ensure that they do not discriminate against persons with disabilities.

Accountability

The University’s Disability Coordinator, located in the Office of the Assistant to the President, has primary responsibility for the implementation of the University’s Affirmative Action Plan for Persons with Disabilities. Sources that include qualified individuals with disabilities in their applicant pools are utilized in University recruitment efforts.

Staff members of the University’s Office of Human Resources play an important role in ensuring that potential and current employees with disabilities have equal access to information about vacancies. They are considered for employment and promotion on an equal basis.

The University Disability Coordinator has principal responsibility for outreach, recruitment, and referral of qualified individuals with disabilities. Individuals with disabilities are encouraged to contact and identify themselves to the coordinator in order to assist with questions about employment.

The Disability Coordinator also participates in disseminating this policy and keeping the Harvard community aware of issues concerning staff and applicants with disabilities. This duty includes but is not limited to the following:

1. Reviewing all job descriptions at Harvard to locate what type of reasonable accommodations may be made.
2. Assisting personnel in developing the skills and knowledge necessary to advise supervisors and staff members with disabilities who experience difficulties.
3. Assisting the Office of Human Resources and human resources officers in developing support networks for supervisors of employees with disabilities.
4. Assisting in the development of follow-up and tracking of applicants with disabilities.
5. Assisting in the evaluation of situations where applicants with disabilities were not hired, and working with the Office of Human Resources staff and hiring supervisors to assure that the hiring process is fair, consistent, and effective.
6. Advising and consulting with employment professionals about the characteristics of disabilities, and developing effective referral strategies.
7. Assisting employment professionals in researching and developing working relationships with agencies, organizations, and individuals that work with, or have contact with, persons with disabilities.
8. Working with the Office of Human Resources staff in the continued development and running of programs for hiring supervisors and personnel administrators who work with persons with disabilities.
9. Assisting the Office of Human Resources staff in identifying the career development needs of employees with disabilities at Harvard, and ways to respond to these needs.
10. Working within the Office of the Assistant to the President in keeping issues of hiring and supervising persons with disabilities before the administrative deans and the Equal Employment Opportunity Committee.
11. Continuing to keep Harvard’s commitment to persons with disabilities "in the news;" generating articles for the Harvard University Gazette, Resource, and other in-house media.
12. Assisting in revisions of those parts of the Affirmative Action Plan related to persons with disabilities.
13. Reviewing all job postings and descriptions to ensure that mental and physical job qualifications are job related and consistent with legitimate business needs.

Oversight responsibility for this plan is delegated to the Office of the Assistant to the President. This office participates in the annual review and update of the University Affirmative Action Plan; periodically reviews the progress of affirmative action efforts and takes corrective action where appropriate; provides pertinent personnel information for government agency review where appropriate; and offers the Office of the University Disability Coordinator as a site for informal review, guidance, and counseling when complaints allege discrimination.

Harvard Resources for Students with Disabilities

Harvard University is committed to the policy of providing all students, faculty, and staff common access to academic opportunities, and to attempting to provide access to cultural and recreational facilities and programs at the University. The administrators, faculty, staff, and students listed below are directly involved in working to fulfill that commitment.

University Disability Coordinator

The University officer responsible for coordinating support programs for students with disabilities is the Disability Coordinator. This officer, with assistance from the local disability coordinators within each faculty, is responsible for the development of University-wide policy relating to students with disabilities; for compliance with federal legislation covering students with disabilities; for identification and publication of central resources; for coordination of University-wide services such as transportation and snow removal; and for providing assistance with the interpretation of federal, state and local regulations.

Local Disability Coordinators

Local faculty disability coordinators are responsible for assisting students with disabilities in their adaptation to the University, and for aiding individual students in resolving particular problems (e.g., finding readers and interpreters, coordinating with the registrar the movement of classes to accessible rooms). After admission acceptances are announced, all entering students with disabilities are encouraged to contact the local disability coordinator for the faculty in which they are enrolled as soon as possible. Local disability coordinators meet with the University Disability Coordinator formally throughout the year.

Resources for Persons with Disabilities

Copies of handbooks, maps, etc. are available from the local disability coordinators or through the University Disability Coordinator, 932 Holyoke Center, Cambridge, MA, telephone: 495-1859 (voice); 495-4801 (TTY).