A. Authority and
Purpose
The Director of Human Resources shall have authority to take
any available and appropriate form of affirmative action when making a
certification from a class register. The purpose of this affirmative action
shall be to assure that members of particular groups who are underutilized,
underrepresented or adversely affected by selection procedures, but who have
qualified for placement on a class register, shall be included with the pool of
persons from which the selection is made.
B. Basis for Affirmative Action
Such authority may be exercised when:
1. Statistical disparities between the work
force representation and the labor market representation of groups historically
excluded from or limited in employment due to sex, handicap or minority status
are identified and documented; or
2. Analysis of testing procedures for
placement on a class register documents an adverse effect on a particular group
identified by sex, handicap, age, national origin or minority status.
C. Procedure
1. Requests by Appointing Authority:
When an agency's request to fill a vacancy indicates an
underutilization or underrepresentation, the Director of Human Resources shall
make an affirmative action certification, subject to the following
conditions:
(a) If the normal
certification procedure includes members of groups so affected, an affirmative
action certification will not be made.
(b) If the normal certification procedure
does not include members of the group so affected, the normal certification
will be supplemented to include a member of this group whenever such person is
available on the class register used.
(c) In no instance will an affirmative action
certification exclude any person who would be certified normally. Members of
groups which are underrepresented or underutilized shall be added to the normal
certification in accordance with their qualifying score.
(d) Affirmative action certification shall be
consistent with the type of certification requested or made, regardless of
underutilization or underrepresentation.
(e) Approval may be contingent upon
presentation of evidence of underutilization or underrepresentation in a format
prescribed by the Director of Human Resources.
2. Adverse Impact of Testing Procedure:
When there is sufficient evidence that a selection procedure
has an adverse impact on a particular group identifiable by sex, age, handicap,
minority status or national origin, the Director of Human Resources shall make
an affirmative action certification, subject to the following
conditions:
(a) If the normal
certification procedure includes members of the groups so affected, an
affirmative action certification will not be made.
(b) If the normal certification procedure
does not include members of the group so affected, the normal certification
will be supplemented to include a member of this group whenever such person is
available from the class register used.
(c) In no instance will an affirmative action
certification exclude any person who would be certified normally. Members of
groups which are adversely affected by testing procedures shall be added to the
normal certification in accordance with their qualifying score.
(d) Affirmative action certification shall be
consistent with the type of certification requested or made.
(e) Evidence of adverse impact shall be
provided by statistical analysis of the testing procedure followed.
(f) An affirmative action certification will
not be made to address adverse impact if the testing procedure has been
validated.
3. Authority
Reserved:
The Director of Human Resources reserves the right to make an
affirmative action certification independently whenever this action is deemed
to be in the best interest of State service.
In addition, where agency hiring practices show a pattern of
adverse impact, the Director may take any available affirmative action to
ensure non-discriminatory treatment of persons referred for appointment.
