Section 681.7.1. Equal opportunity policy.

It is the policy of the board of regents, hereinafter board, to provide equal opportunity in all aspects of regent operations to all persons without regard to race, creed, color, religion, sex, national origin, age, or status as a veteran of the Vietnam era, or physical or mental disability except where it relates to a bona fide occupational qualification. The board of regents and all officials who are responsible to the board of regents shall take affirmative action in personnel administration to overcome the effects of past or present practices, policies, or other factors which serve as barriers to equal employment opportunity. Contractors doing business with the board of regents shall take affirmative action to ensure that all persons without regard to race, creed, color, religion, sex, national origin, age, or status as a veteran of the Vietnam era, or physical or mental disability except where it relates to a bona fide occupational qualification above are effectively afforded equal employment opportunities. Institutions under the governance of the board of regents shall provide opportunities for minority and women businesses in the awarding of contracts through a procurement set-aside program as authorized by statute.

       7.1(1) Definitions.

“Actively managed” in the above context means exercising the power to make policy decisions affecting the business.

“Affirmative action” means action appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity.

“Bona fide occupational qualification” means a qualification reasonably necessary to the normal function of a position in the operation of a particular business. The concept of the bona fide occupational qualification is narrow in scope and will not be applied to include the mere preference or convenience of the employer.

“Minority person” means an individual who is a Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan native.

“Operated” in the above context means being actively involved in the day-to-day management of the business.

“Protected classes” shall mean racial or ethnic minorities, and groups who are protected under federal and state laws because of their creed, color, religion, sex, national origin, age, or status as a veteran of the Vietnam era, or physical or mental disability.

“Small business” means any enterprise which is located in this state, which is operated for profit under a single management, and which has either fewer than 20 employees or an annual gross income of less than $3,000,000 computed as the average of the three preceding fiscal years. This definition does not apply to any program or activity for which a definition for small business is provided for the program or activity by federal law or regulation or other state law.

“Targeted small business” means a small business which is 51 percent or more owned, operated, and actively managed by one or more women or minority persons.

       7.1(2) Equal employment opportunity—administration.

        a.           In order to carry out the purposes of the policy, the regent equal employment opportunity compliance office has been established at the Old Historical Building, Des Moines, Iowa. The coordination of the policy shall be the primary responsibility of the equal opportunity compliance officer, who in consultation with regent institutions will act under the general supervision of the executive director of the board.

        b.           The emphasis in the administration of the policy shall be to coordinate equal opportunity and affirmative action in employment at regent institutions and the board office and to require equal opportunity and affirmative action in employment by contractors who do business with the board of regents and its institutions. In administering the policy the equal opportunity compliance officer shall monitor utilization of minority and women business enterprises as sources of supplies, equipment, construction, and services.