Illinois Administrative Code
Title 56 - LABOR AND EMPLOYMENT
Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES
Section 2520.730 - Consideration of Additional Groups
Universal Citation: 56 IL Admin Code ยง 2520.730
Current through Register Vol. 48, No. 38, September 20, 2024
a) Criteria - In order for an affirmative action group to be recognized, a petitioning group must present to the Director the following criteria:
1) the relationship between the proportion of
an affirmative action group in the State population and the proportion of the
affirmative action group in State employees, and whether that proportion is
less than 4/5 of the availability of that group in each of the 8 EEO
categories;
2) other authoritative
statistical evidence, surveys and studies reflective of the discrimination
experienced by the group, particularly, but not exclusively, as they relate to
experience in Illinois;
3) the
frequency with which charges alleging the discrimination, as compared to
discrimination against other minorities, have been filed with the Department,
its predecessors and other federal and local entities that investigate
employment discrimination charges;
4) whether employment discrimination is
longstanding against the group in question and is without an adequate legal
remedy that is under State law; and
5) evidence of a continuing cycle of
discrimination that, without affirmative action, will continue.
b) Consideration Process - If the Director determines that the criteria in subsection (a) have been met and that a petitioning group has submitted a petition as specified in 2 Ill. Adm. Code 925.110 of the Department's Rules:
1) A Notice of Proposed
Rulemaking will be published by the Department in the Illinois Register, and
the Department will commence rulemaking within 90 days after submission of a
petition.
2) The Department shall
convene a hearing, if required, in accordance with Section 5-40(b)(5) of the
Illinois Administrative Procedure Act [5 ILCS
100/5-40(b)(5)] .
3) If the rulemaking results in the addition
of an affirmative action group, each agency shall develop numerical and program
goals for that group.
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