Current through Register Vol. 47, No. 6, September 18, 2024
Each affirmative action plan shall include, but not be
limited to, the following standards:
(1)
Affirmative action
statement. The affirmative action statement shall include, but not be
limited to, the following:
a.
Policy
statement. The policy statement shall be a clear and unambiguous
declaration of commitment to the principles of equal employment opportunity and
affirmative action in the application of all personnel rules, policies, and
practices. It shall contain the following or similarly worded language.
(1) The agency prohibits discrimination in
its employment policies and practices on the basis of race, creed, color,
religion, national origin, sex, age, or mental and physical
disability.
(2) The agency is an
equal employment opportunity and affirmative action employer
b.
Administration
statement. The administration statement shall be a declaration of how
the agency's affirmative action policy is to be implemented. It shall contain
the following:
(1) The name, job title, and
work location of the responsible equal employment opportunity or affirmative
action official.
(2) The internal
system for auditing and reporting.
c.
Signature. The
affirmative action statement shall be signed and dated by the appointing
authority.
(2)
Work force analysis. A work force analysis shall show the
numerical and percentile breakdown of the agency's full-time employees, and
other than full-time employees, separately by racial or ethnic minorities, sex,
and disability. Full-time and other than full-time employees shall be arrayed
according to the state and local government job categories with further census
occupational subcategory breakdowns as required by the director For the
purposes of confidentiality, disability figures shall be totaled only by an
organizational unit covered by an individual affirmative action plan or the
department as a whole.
a.
Exemptions. The work force analysis shall not include elected
officials; such officials' immediate secretary, administrative, legislative, or
other immediate or first line aides; and such officials' legal
advisor
b.
Organizational
unit. An agency with a large number of employees may be required to
conduct a separate work force analysis for each of its organizational units.
The organizational units may be determined by the agency based on the size,
geographic dispersion and administrative lines of authority of its work
force.
c.
Confidentiality. An agency may suppress work force data which
is likely to identify specific employees and violate their
confidentiality.
d.
Analysis report. The work force analysis shall be reported on
forms available from the department. An agency may request approval of a
similar report required by another regulatory agency as part of its work force
analysis.
(3)
Availability analysis. An availability analysis shall show the
percentile breakdown by racial or ethnic minorities and sex of the relevant
labor force arrayed according to their state and local government job
categories and relevant subcategories. The analysis shall include an assessment
of the relevant available labor force by using the geographic area from which
work force recruitment can reasonably occur for each state and local government
job category. The geographic area will usually be larger for high-paid or
high-ranked classifications for recruitment purposes. The labor force
availability of disabled persons shall be based on census reports of persons
with a work disability residing in the most relevant geographic area defined by
the census bureau.
a.
Organizational
unit. An availability analysis shall be conducted for each
organizational unit by an agency which conducted a separate work force analysis
pursuant to subrule 68.3(2), paragraph"b. "
b.
Analysis report. The
availability analysis shall be reported in a format prescribed by the
department. In lieu of completing all parts of the availability analysis form,
an agency may submit a similar report required by another regulatory agency,
such as a federal funding agency, as part of its availability analysis, if
approved by the department.
(4)
Quantitative utilization
analysis. A quantitative utilization analysis shall compare work force
analysis with availability analysis to show the numerical and percentile under
representation in the agency's work force, if any, by racial or ethnic
minorities, sex, and disability.
a.
Rounding. All partial numerical figures for state and local
government job categories that contain.5 or more shall be rounded upward and.49
or less shall be rounded downward to the nearest whole number
b.
Organizational unit. A
quantitative utilization analysis shall be conducted for each organizational
unit by an agency which conducted a separate work force analysis pursuant to
subrule 68.3(2), paragraph"b."
c.
Analysis report. The
quantitative utilization analysis shall be reported in the format prescribed by
the department. In lieu of completing all parts of the quantitative utilization
analysis format, an agency may submit a similar report required by another
regulatory agency, such as a federal funding agency, if approved by the
department.
(5)
Qualitative utilization analysis. A qualitative utilization
analysis shall show whether and where an agency's employment policies and
practices do or tend to exclude, disadvantage, restrict or result in adverse
impact on the basis of age, sex, disability, and racial or ethnic minorities.
It shall also show whether and where effects of prior illegal discrimination
are left uncorrected. The analysis may include, but not be limited to, the
following areas:
a. Recruitment efforts and
methods.
b. Applicant flow
characteristics study.
c.
Interview, selection, appointment, and placement policies and
practices.
d. Policies and
practices affecting transfers, promotions, and reallocations.
e. Selection of employees for
training.
f. Policies and practices
in demotion, discipline, termination, and reduction in force.
g. Laws, policies, and practices external to
the agency that discourage effective results in affirmative action.
(6)
Goals and
timetables. An agency's affirmative action goals and timetables shall
specify the appropriate actions and time frames in which problems identified
under subrules 68.3(4) and 68.3(5) are targeted to be remedied.
a.
Appropriate action. In
setting goals, an agency may consider, but not be limited to, the following:
(1) Devising a recruitment program in
conjunction with the state recruitment coordinating committee authorized under
the department.
(2) Validating the
selection instruments in conjunction with the department.
(3) Revising and improving other personnel
policies and practices.
(4)
Providing affirmative action training internally or externally through
organizations such as the Iowa management training system.
(5) Devising a plan so that agency personnel
who impact EEO and affirmative action can have part or all of their performance
evaluated on their contribution to meeting the established goals and
timetables.
b.
Timetable. Each agency shall determine the timetable in which
it expects to meet its goals. In setting timetables, an agency should consider,
but not be limited to, the following:
(1)
Anticipated vacancies and positions.
(2) Work force turnover rate.
c.
Organizational
unit. Goals and timetables shall be prepared for each organizational
unit by an agency which conducted a separate work force analysis pursuant to
subrule 68.3(2), paragraph"b."
d.
Numerical goals.
Numerical goals shall be established by each agency to remedy any under
representation identified in subrule 68.3(4). When setting numerical goals,
agencies shall utilize the following procedure:
(1) Underutilized classes in which women
represent more than 70 percent of the relevant available labor force for that
occupational subcategory are exempt from this procedure when setting goals for
women.
(2) Annual goals for hires
shall be based on underutilization analysis and projected vacancies and set at
a percentage rate that is equal to or greater than the labor force availability
rate established in subrule 68.3(3).
(3) The percentage rate established in
subparagraph (2) of this paragraph shall be multiplied by the projected number
of openings anticipated in the following year by occupational subcategory to
establish the actual numerical hiring goals for each underutilized
subcategory.
(4) Goals established
for each occupational subcategory shall be totaled to establish goals for each
state and local government job category.
(5) Where projected goals indicate that a
period greater than five years is required to remedy any under representation,
agencies may be required to revise their goals established in subparagraph (2)
of this paragraph.
(6) Goals shall
not be rigid and inflexible quotas. They must be targets reasonably attainable
through good faith effort and must not cause any group of applicants to be
excluded from the hiring process.
(7)
Consolidation. An agency
may consolidate the racial or ethnic minorities and state and local government
job categories into broader groupings in conducting its analysis under subrules
68.3(2) to 68.3(6) with department prior approval.
a.
Applicability.
Consolidation is applicable when the agency or organizational unit work force
has been analyzed according to all the racial or ethnic minorities or
occupational categories, and the resultant figures are determined to be too
small for significant statistical analysis.
b.
Racial or ethnic
minorities. The minority racial or ethnic groups may be consolidated
into one single group.
c.
Occupational categories. The occupational categories may be
consolidated into one or more groups.
(8)
Comparable plan. An
agency plan which is consistent with 41 Code of Federal Regulations, Chapter
60, Revised Order No. 4, Affirmative Action Guidelines, issued by the Office of
Federal Contract Compliance Programs, shall be considered to be in compliance
with the aforementioned planning standards if the plan is approved as meeting
the requirements of subrules 68.3(2), 68.3(5), and 68.3(6).
