After receiving hundreds of public comments largely criticizing the University of New Mexico’s prospective affirmative action policy changes, the school released two new draft policies Thursday, April 10.
The new draft policies keep in more references to affirmative action — or sometimes replace it with “inclusive excellence” — but still remove requirements for UNM to have an affirmative action plan and gather and report affirmative action data. The new policies also still remove the ability for a hiring official, in certain circumstances, to fill a position with a member of a historically underrepresented group if another more qualified member of a protected group is unlikely to apply.
The previous draft policies — released March 28 — removed nearly all references to affirmative action.
Affirmative action at UNM seeks to promote race and gender diversity in employment by recruiting qualified women, minorities, people with disabilities and protected veterans, according to UNM Compliance, Ethics, & Equal Opportunity.
The deadline for public comment on the two new draft policies, which can be found on the UNM Policy Office website, is April 20.
The standard public review and comment period for new policy drafts lasts 30 days. But the April 10 campus-wide email announcing the new proposed changes maintained that the shortened period is due to the “legal need” to revise the policies.
The Policy Office can respond to questions that people comment on each policy. After April 20, the comments and responses will be compiled and sent to Executive Vice President for Finance and Administration Teresa Costantinidis for endorsement, then President Garnett Stokes for approval. After that, the revised policies will be announced and issued on the Policy Office website.
The University announced March 6 that it reviewed and would revise its gender-, race- and ethnicity-based employment policies. This followed the United States Education Department’s Feb. 14 memo to universities across the country, directing them to end race-based programs or risk losing federal funding.
On Jan. 21, President Donald Trump revoked a 1965 executive order that required federal contractors to create affirmative action plans and prohibited employment discrimination on the basis of race, color, religion and national origin by federal contractors, according to Reuters.
The new drafts are for Policy 2720: Equal Opportunity and Prohibited Discrimination (Interim) and Policy 3210: Recruitment and Hiring.
Draft Policy 2720: Equal Opportunity and Prohibited Discrimination (Interim)
University Administrative Policies - Policy 2720 outlines University equal opportunity and discrimination misconduct policies.
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The new draft policy does not remove “affirmative action” from section 16, titled “Equal Opportunity and Affirmative Action,” whereas the previous draft did.
The new draft adds that UNM “affirms its commitment to its diverse workforce and student body, which includes as part of its make-up traditionally underrepresented groups.”
It removes examples of these traditionally underrepresented groups, including “women, racial/ethnic minorities (to include, Native Americans, Black/African Americans, Latinx/Hispanics, Asians, and Pacific Islanders), individuals with disabilities, and veterans.”
The draft also adds that the University complies with applicable law regarding affirmative action requirements.
The changes would still remove the requirement for the University to create a written affirmative action plan that measures whether “women, minorities, individuals with disabilities, and veterans are being employed at the expected rate.”
They would also remove other University responsibilities regarding gathering and reporting affirmative action data.
The changes would also still mandate that departments ensure that people who have a limited ability to read, write, speak or understand English have meaningful accommodations to access programs and activities.
Draft Policy 3210: Recruitment and Hiring
UAP - Policy 3210 describes recruitment and hiring procedures, as well as employment restrictions.
The new draft policy reads that one of its objectives is the “participation of qualified candidates from diverse groups in applicant pools in keeping with the University’s commitment and obligation to inclusive excellence.” It changes “affirmative action” to “inclusive excellence.” The previous draft policy deleted this section.
The new draft policy maintains UNM’s commitment to “meeting its affirmative action responsibilities in recruiting and retaining a highly qualified and diverse workforce,” whereas the previous draft deleted this section, too.
It removes the requirement that “within a job group that is determined to have underutilization, a member of the underutilized group will be given preference.”
Under this draft, policies for alternative appointment, which occurs when the University needs to fill a position without conducting a recruitment, would still change. The draft removes a section stating that in these circumstances, a hiring official may fill a position with someone who is a member of a historically underrepresented group if another more qualified member of a protected group is unlikely to apply.
The UNM Policy Office commented on both original policy drafts that “the goal of these policy revisions is to continue to ensure that UNM’s employment practices — including opportunities, hiring, promotion, retention, and pay — are equitable, fair, and non-discriminatory, and consistent with applicable law.”
Lily Alexander is the editor-in-chief of the Daily Lobo. She can be reached at editorinchief@dailylobo.com or on X @llilyalexander
Lily Alexander is the 2024-2025 Editor of the Daily Lobo. She can be reached at editorinchief@dailylobo.com or on Twitter @llilyalexander
