Ensuring Compliance with SB17: Hiring Committee Responsibilities
SB17, a Texas law, mandates strict guidelines for hiring committees in higher education institutions to prevent discrimination based on protected characteristics. The law prohibits DEI initiatives, requires color-blind and sex-neutral hiring processes, and emphasizes merit-based selection. Hiring committees must adhere to ongoing training, avoid consideration of protected characteristics, and follow specific responsibilities in position descriptions, applicant pools, evaluation rubrics, job postings, candidate selection, interview questions, and advertisements.
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Presentation Transcript
Hiring/Search Committee Compliance SB17 TEC 51.3525
Background SB17 (TEC 51.3525) Senate Bill 17, codified in Texas Education Code (TEC) 51.3525 signed into law by Governor Greg Abbott effective January 1, 2024 The law is entitled: Responsibility of Governing Boards Regarding Diversity, Equity, and Inclusion Initiatives The law prohibits Texas public institutions of higher education from establishing or maintaining diversity, equity, and inclusion (DEI) offices and programs, or requiring any type of related training. Texas public institutions of higher education are prohibited from influencing hiring or employment practices at the institution with respect to race, sex, color or ethnicity, other than through the use of color-blind and sex- neutral hiring processes in accordance with any applicable state and federal anti discrimination laws Law prohibits prohibits giving preference on the basis of race, sex, color, ethnicity, or national origin to an applicant, employee, or participant in any function of the institution Law requires requires the governing board to submit a report to the legislature and the Texas Higher Education Coordinating Board certifying compliance with this law during the preceding fiscal year 2
Hiring/Search Committee Ongoing Requirements Mandatory SB17 Training for all hiring/search committee participants. Cannot consider any legally protected characteristics (noted, slide 2) for the hiring of faculty or staff positions. Continue to take actions to recruit a diverse pool of candidates from which to select the best qualified person consistent with applicable state and federal antidiscrimination laws. Hiring to continue based on merit and in accordance with TTUS Regs, HSCEP OPs and applicable state and federal antidiscrimination laws. Requirements pertain to job/position descriptions, job postings, advertisements, applicant pools, interview questions, evaluation rubrics/matrices, and candidate selection. 3
Hiring/Search Committee Responsibilities Position Descriptions Position Descriptions o Review & ensure duties and requirements do not include DEI duties or responsibilities Applicant Pools Applicant Pools o May not compel, require, induce, or solicit any applicant to provide a DEI Statement as part of the application Evaluation Rubrics/Matrices Evaluation Rubrics/Matrices o May not utilize any component of DEI to evaluate, rank or rate a candidate Job Postings Job Postings o May utilize postings with language proficiency preferences if job-related, and do not target applicants based on a protected class Candidate Selection Candidate Selection o Must make selection based on merit and in accordance with TTUS Regs, HSCEP OPs and applicable state and federal antidiscrimination laws o Employment hiring actions shall not be made based on race, sex, color, ethnicity, national origin, or any other protected category. See TTU System Regulation 07.09 Interview Questions Interview Questions o May not ask questions about an applicant s work experience or philosophy specific to race, color, sex, ethnicity, national origin, gender identity, or sexual orientation Advertisements Advertisements o Encouraged to utilize non- traditional sources for posting open positions which are not limited under SB17
Related Statutes & Policies Fourteenth Amendment to the U.S. Constitution Title IX of the Education Amendments of 1972 Title VII Civil Rights Act of 1964, as amended Title VI Civil Rights Act of 1964 The Rehabilitation Act of 1973, as amended Americans with Disabilities Act of 1990, as amended Executive Order 11246 Texas Education Code Section 51.9315 Texas Education Code Section 51.3525 Texas Commission on Human Rights Act Texas Labor Code, Chapter 21, Employment Discrimination HSCEP OP 60.09 Faculty Recruitment Procedure HSCEP OP 70.11 Appointments to Non-faculty Appointments TTUS Regulation 07.09 Equal Employment Opportunity Policy and Affirmative Action Program TTUS Regulation 07.10 Non-Discrimination and Anti-Harassment Policy and Complaint Procedure TTUS Regulation 07.11 Access for Individuals with Disabilities 5
Conclusion This training is intended to be broad and will not cover every specific situation encountered at TTUHSC EP. Hiring/Search Committee members should continue to seek guidance from TTUHSC EP Human Resources, Faculty Affairs, Office of Equal Opportunity and General Counsel as questions arise. Contacts: o TTUHSC EP Human Resources: ElPasoHR@ttuhsc.edu o TTUHSC EP Faculty Affairs: FServices@ttuhsc.edu 6
