Retroactive pay debated
Unpublished section of HEW reply disclosed
Nearly all of the reply sent to HEW
last Friday was released to the public by
the University Wednesday, including one
section which, earlier this week, was not
intended to be made public.
It was a legal argument against
retroactive pay for women, prepared by
Assistant to the University President
David Frohnmayer.
“In view of widespread interest
among students and others in the HEW
compliance review,” University President
Robert Clark said in a statement Wed
nesday, “I asked Mr. Frohnmayer to
reconsider the effects of making his
memorandum public.”
Clark continued:
“He has advised me that, although
doing so could not help the University’s
case with HEW, it would probably do no
harm. I have therefore decided to make
the memorandum public.”
Frohnmayer’s legal argument was
Appendix C in the reply, and challenges
the “Legality of Contract Compliance
Condition Requiring Back Pay Restitution
for Sex Discrimination in Employment.”
It concerns HEW’s demand that the
University, whcih agreed in June to give 46
women faculty members increases in pay
adding up to about $50,000 a year, also
make those payments retroactive to Oct.
13, 1908.
The total contents of the Friday reply
released Wednesday amount to about an
inch-thick stack of paper, three-quarters
of a pound in weight. It included:
—A one-page forward by Clark.
— An eight-page “Equal Employment
Opportunity Policy and Affirmative Action
Compliance Policy,” printed in full on
page 5 of Monday’s Emerald.
— Specific replies to questions by
HEW regarding employment practices.
— Seventeen sections of appended
material.
The University’s Friday reply was in
response to investigations made by HEW
at the University last spring and summer.
HEW is the Office of Civil Rights, whose
regional office, U.S. Department of
Health, Education and Welfare is located
in Seattle.
The specific replies section outlines
the University’s findings on how many
women and minority group persons
(Black, Spanish-American, American
Indian and Oriental, as defined in federal
Executive Order 11246) are employed on
campus.
In the academic staff, including ad
ministration officers, there are 217
minority group people and 580 women out
of the total 2459. There are nine minority
group people and 32 women out of the total
174, included among the officers of ad
ministration.
The reply outlines the number
presently employed in the classified staff
by the University and the “employment
needed proportionate to overall
population” for minority group persons.
The replies section also mentions the
University’s efforts “to increase the
number of minorities in pre-college and
baccalaureate programs.” Two pre
college programs were listed and ex
plained, High School Equivalency
Program and Upward Bound, and five
other minority student programs were
listed: SESAMEX, Project 75, Project
Life, Project Continuation and Native
American Program.
‘‘A major outcome of these
programs,” the reply states, “which is
now beginning to be realized is the
production of baccalaureate students to
increase the pool of graduate applicants.
“The lack of an adequate pool of
graduate applicants has been one of the
most significant limiting factors of equal
opportunity for minorities during the last
decade.”
Regarding the recruiting of minority
group people the reply states that HEW
asked the University to “direct its
recruitment efforts specifically at
members of racial minority groups in
order to meet the affirmative action
obligation.”
However, the University disagrees
with this, according to the reply.
“Although we would agree that the
University should make a conscious effort
to identify and attract minority candidates
to apply for position openings, the
requirement of conscious selection by race
strongly suggests engaging in reverse
racial discrimination in order to meet the
terms of HEW’s required affirmative
recruitment and hiring program for
minorities.”
The reply asks for a clarification of
alleged employer obligations of this kind to
be made “at the national level, because of
its implications for all institutions of
higher education.”
Retroactive pay requirements by
HEW were challenged in the reply
“Because of restrictions of federal and
state law and strong considerations of
policy, the University respectfully
requests that the condition described
asTequired action’ (on retroactive pay for
women) be withdrawn.”
One copy of the Friday HEW reply
released by the University Wednesday is
available to the public through the
University News Bureau'.
Feminists rap report, draft lettei
By JOHANNA PICK
Of the Emerald
University Feminists have
decided to draft a letter to the
Department of Health, Education
and Welfare containing their
criticisms of the Status of Women
Committee and the Affirmative
Action program.
The decision was made at the
group’s Tuesday night meeting,
where it was felt the committee
did not respond to the majority of
the women’s recommendations.
John Dallas, Assistant to
University President Robert
Clark, was named as failing to
release information about data in
specific questions posed by
HEW; a report of specific goals;
a timetable giving the dates when
the committee’s plans would
begin; and a timetable stating
how much was to be ac
complished by each date.
Members of the Feminist
organization said they were
angered by this lack of complete
information, as they thought
their critique of the Affirmative
Action program could have been
more complete with this data
included.
The group also discussed the
possibility of having a
gynecologist at the University
Health Service.
It was reported that Oregon
State University has a
gynecologist that comes twice
weekly courtesy of the Planned
Parenthood program to insert
IUD’s and to perform other
similar services for women at the
University infirmary.
The University infirmary, it
was noted, does not handle this
type of birth control method.
Feminist members also felt the
infirmary should give abortions
and vasectomies to any student
desiring one. A health committee
was set up to present recom
mendations to the Student Health
Service concerning these birth
control services not being han
dled by the University center.
Demands for changing sexist
titles used by the University were
also voiced. University Feminists
are currently making a list of the
sexist titles and suggested
alternatives which will be
presented to vice president
Gerald Bogen for review.
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Big Red’
hMLJ loses sculpture
to unidentified culprit
“Big Red,” the wood sculpture
of a northwest fish which has
graced the main stairwell area of
the EMU since 1968 disappeared
sometime Sunday night, EMU
director Dick Reynolds an
nounced Monday The sculpture
was valued at $650,000.
“Apparently someone
blatantly spent several minutes
unscrewing the sculpture from
the chain on which it hung, then
walked through the Union and out
the door,” Reynolds surmised.
“Whoever it was had to carry it
where it was visible—that thing is
too big to fit in a pocket,” he
added. The disappearance was
discovered before 8 Monday
morning.
The EMU director pointed out
that the Union is not insured
against the loss of its art as the
cost in such a public building is
prohibitive.
The theft “is really crooked
and below the belt,” he said,
“because the University not only
loses the paintings or sculptures,
but also the money it spent. It’s a
total loss.”
Reynolds added there had been
no art losses until two and a half
years ago when a rash of thefts
and vandalism began. The EMU
has lost seven paintings and three
sculptures to date, none of which
have been recovered nor can be
replaced, Reynolds explained.
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