(a) The general assembly finds that public institutions of higher education are at their most effective when the faculty members and employees of the institutions are the most highly qualified candidates for employment with the institutions and that hiring decisions should be based on merit rather than any other metric.
(b) A public institution of higher education shall not base an employment decision on any metric that considers an applicant's or employee's race, ethnicity, sex, age, or any other similar demographic characteristic, rather than on individual merit, qualifications, veteran status, or lawful eligibility criteria.
(c) (1) This section does not apply to an employment decision of a public institution of higher education government, if the public institution of higher education submits notice in writing to the comptroller of the treasury that compliance with this section would result in a loss of federal funding, to the extent such an exemption for the employment decision is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. The comptroller of the treasury shall create guidelines as to what information is required in the notice. The comptroller shall review a notice submitted by a public institution of higher education and, if the comptroller finds that compliance would result in the loss of federal funding, then the comptroller shall notify the public institution of higher education in writing of its exemption.(2) After one (1) calendar year from the date on which the comptroller exempts an employment decision by a public institution of higher education from this section, the public institution of higher education shall submit in writing to the comptroller to have the exemption renewed for an additional one-year period. A public institution of higher education shall notify the comptroller within fourteen (14) days if the conditions or justifications for the comptroller granting the exemption no longer exist.
(1) This section does not apply to an employment decision of a public institution of higher education government, if the public institution of higher education submits notice in writing to the comptroller of the treasury that compliance with this section would result in a loss of federal funding, to the extent such an exemption for the employment decision is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. The comptroller of the treasury shall create guidelines as to what information is required in the notice. The comptroller shall review a notice submitted by a public institution of higher education and, if the comptroller finds that compliance would result in the loss of federal funding, then the comptroller shall notify the public institution of higher education in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller exempts an employment decision by a public institution of higher education from this section, the public institution of higher education shall submit in writing to the comptroller to have the exemption renewed for an additional one-year period. A public institution of higher education shall notify the comptroller within fourteen (14) days if the conditions or justifications for the comptroller granting the exemption no longer exist.
(d) For the purposes of this section, “employment decision”:(1) Means any action or determination relating to the hiring, firing, retention, promotion, demotion, discipline, evaluation, compensation, training, reassignment, or any other term, condition, or privilege of employment; and(2) Does not include actions required under applicable state or federal employment laws.
(1) Means any action or determination relating to the hiring, firing, retention, promotion, demotion, discipline, evaluation, compensation, training, reassignment, or any other term, condition, or privilege of employment; and
(2) Does not include actions required under applicable state or federal employment laws.