(1)
Purpose. Nondiscrimination and equal opportunity are the
policy of the Commonwealth. It is of critical importance for agencies of state and
local government to take affirmative steps to prevent discrimination and to promote
equality of opportunity in their operations. Where there has been discrimination,
affirmative action shall include efforts necessary or appropriate to remedy the
effects of such discrimination.
(2)
Adoption of Plan. Each LHA shall be responsible for the
development, implementation, monitoring and update of a written affirmative action
plan. Each LHA shall submit to the Department a board vote that the affirmative
action plan has been adopted by the LHA together with a copy of the plan. A similar
vote shall be submitted for each change in the plan, along with a copy of the
change. The plan shall be kept on file at the LHA and available for inspection by
tenants, employees, and applicants for housing and employment. The Department may
require changes or updates of the plan in the event that the plan shall be
inadequate. The affirmative action plan of an LHA, adopted prior to and in effect on
September 5, 2005 shall satisfy the requirement for development of a plan.
(3)
Contents of Plan. The
affirmative action plan shall include, but not necessarily be limited to, the
following:
(a) A written equal opportunity
policy.
(b) A workforce analysis,
including:
1. For each department or division of
the LHA, the number of minorities (this number may be further broken down by
minority group), the number of women, the number of persons with disabilities and
the number of Veterans in each of the following job categories and the total number
of employees in each such job category:
a.
maintenance and service;
b.
clerical;
c. managerial, technical, and
professional.
For purposes of 760 CMR 4.06 a person with a disability shall be
deemed to be an individual who has a physical, psychiatric or developmental
impairment or has a record of having an impairment or perceived as having an
impairment, which substantially limits one or more of his or her major life
activities.
2. The
number of individuals hired in each such job category during the LHA's previous
fiscal year; and the number of minorities (this number may be further broken down by
minority group), the number of women, the number of persons with disabilities, and
the number of Veterans hired in each such job category during the LHA's previous
fiscal year.
3. A listing of recruitment
sources used during the previous fiscal year.
(c) A determination of the percentages which
minorities (the percentage of minorities may be further broken down by minority
group), women, persons with disabilities, and Veterans have in the population of the
municipality and the applicable (primary) metropolitan statistical area in which the
municipality is located, as determined in the most recent federal census or other
reliable data source. The higher of the applicable percentages for minorities,
women, persons with disabilities, and Veterans shall be the goals of the LHA for
employment in the LHA's work force. The goal for employment of minorities may be
broken down into goals for employment of the distinct minority groups. Ideally, each
job category will reflect percentages of minorities (or minority groups), females,
persons with disabilities, and Veterans which are the same as the percentages in the
overall population of the municipality or the (primary) metropolitan statistical
area, whichever is applicable.
(d) A
description of methods for publicizing job openings so as to encourage job
applications by minorities (or members of underrepresented minority groups), women,
persons with disabilities, and Veterans, including, but not necessarily limited to,
the following:
1. Publicizing internally and
externally through usual means designed to reach a wide audience.
2. Utilizing media sources which will reach
minorities, women, persons with disabilities, and Veterans as necessary.
3. Contacting organizations which serve
minorities, women, persons with disabilities, and Veterans as necessary.
4. Causing all solicitations or advertisements for
employees to state: "An Equal Opportunity Affirmative Action Employer."
If consistent with any applicable internal promotion policy, LHAs
shall make efforts to keep job positions open for a reasonable amount of time in
order to effectuate the efforts to encourage applications by minorities, women,
persons with disabilities, and Veterans. At a minimum, no job position shall be
filled until at least two weeks after the publicizing efforts have been
taken.
(e) A
requirement that, for every job opening not filled through internal promotion
pursuant to an internal promotion policy, the LHA shall interview a minimum of three
qualified candidates, if available, and that an effort shall be made to interview at
least one candidate from an underrepresented group.
(f) A statement of measures ensuring against
discriminatory practices in hiring, including review and, where necessary,
development or revision of the following:
1.
recruitment and personnel procedures;
2.
selection process, including matters such as job requirements, job descriptions,
testing, interviewing, and application forms;
3. internal promotion policy or other policy on
promotions;
4. terms and conditions of
employment; and
5. policies relating to
layoff, recall, termination, demotion, discharge.
(g) Provisions for periodic review of the
effectiveness of affirmative action efforts, including an annual update of the
workforce analysis, the description of methods of publicizing job openings, and the
statement of measures insuring against discriminatory practices.
(4)
Reports to the
Department. Within 90 days after the end of the LHA's fiscal year, each
LHA shall supply the Department with its workforce analysis, its description of
methods of publicizing job openings, and its statement of measures ensuring against
discriminatory practices for the previous fiscal year. The Department may require an
LHA to supply additional information. If at any time the Department shall find that
an LHA has failed to comply with its affirmative action plan or has failed to make
reasonably effective affirmative action efforts, the Department shall require the
LHA to take appropriate corrective measures.
(5)
Hiring among Equally Qualified
Persons. Until an LHA has reached its affirmative action goals, subject
to
760 CMR
6.09(4)(d), when it has a choice
between candidates whom the LHA has determined to be equally qualified, if one or
more are tenants, such tenant candidate(s) shall be deemed to be more qualified than
the non-tenant candidates. If, notwithstanding the preference for tenants in hiring,
there remain equally qualified candidates, the order of further consideration as to
which candidate to hire shall be as follows:
(a)
Where an LHA has not reached a goal for employment of minorities (or for employment
of members of a particular minority group), qualified minority candidates (or
qualified candidates from such minority group).
(b) Where an LHA has not reached a goal for
employment of persons with disabilities, qualified candidates with
disabilities.
(c) Where an LHA has not
reached a goal for female employment, qualified female candidates.
(d) Where an LHA has not reached a goal for
employment of Veterans, qualified Veteran candidates.
(e) Where a candidate qualifies in more than one
category, this fact shall entitle him or her to receive the LHA's further
consideration before other candidates in the highest category for which he or she
qualifies.
(6)
Residency as a Criteria. Residency within the city or town
in which an LHA is located is prohibited as a prerequisite for employment except a
residency requirement is permitted in the case of 24 hour on-call maintenance
personnel.
