Minnesota Administrative Rules
Agency 149 - Human Rights Department
Chapter 5000 - COMPLAINTS; PROCEDURES; COMPLIANCE
NONCONSTRUCTION CONTRACTOR'S AFFIRMATIVE ACTION PLANS
Part 5000.3430 - EQUAL OPPORTUNITY PROGRAM; CONTRACTOR DUTIES

Universal Citation: MN Rules 5000.3430

Current through Register Vol. 49, No. 13, September 23, 2024

Subpart 1. Director.

An executive of the contractor shall be appointed as director or manager of the company equal opportunity program. Depending upon the size and geographical alignment of the company, this may be the director's or manager's sole responsibility. The director shall be given the necessary top management support and staffing to execute the assignment. The identity of the director or manager must appear on all internal and external communications on the company's equal opportunity programs. The minimum responsibilities of the director shall be the following:

A. developing policy statements, affirmative action programs, and internal and external communication techniques;

B. assisting in the identification of problem areas;

C. assisting line management in arriving at solutions to problems;

D. designing and implementing audit and reporting systems that will:
(1) measure effectiveness of the contractor's programs;

(2) indicate need for remedial action; and

(3) determine the degree to which the contractor's goals and objectives have been attained;

E. serving as liaison between the contractor and enforcement agencies;

F. serving as liaison between the contractor and minority organizations, women's organizations, and community action groups concerned with employment opportunities of minorities and women; and

G. keeping management informed of the latest developments in the entire equal opportunity area.

Additional responsibility in furtherance of the purposes of parts 5000.3400 to 5000.3600, beyond those enumerated herein shall be at the option of the contractor, but encouraged by the department.

Subp. 2. Director responsibilities.

A. The minimum line responsibilities of the director or manager shall be:
(1) assistance in the identification of problem areas and establishment of local and unit goals and objectives;

(2) active involvement with local minority organizations, women's organizations, community action groups, and community service programs;

(3) periodic audit of training programs, hiring, and promotion patterns to remove impediments to the attainment of goals and objectives;

(4) regular discussions with local managers, supervisors, and employees to be certain the contractor's policies are being followed;

(5) review of the qualifications of all employees to ensure that minorities and women are given full opportunities for transfers and promotions;

(6) career counseling for all employees;

(7) periodic audits to ensure that each location is in compliance in areas such as:
(a) posters must be properly displayed;

(b) all facilities, including company housing, which the contractor maintains for the use and benefit of its employees, shall be desegregated, both in policy and use. If the contractor provides facilities such as dormitories, locker rooms, and rest rooms, they must be comparable for both sexes; and

(c) minority and female employees shall be afforded a full opportunity and encouraged to participate in all company sponsored educational, training, recreational, and social activities; and

(8) supervisors shall be made to understand that their work performance is being evaluated on the basis of their equal employment opportunity efforts and results as well as other criteria.

B. It shall be the responsibility of supervisors to take actions to prevent harassment of employees placed through affirmative action efforts.

C. Additional responsibility in furtherance of the purposes of parts 5000.3400 to 5000.3600, beyond those enumerated herein shall be at the option of the contractor, but encouraged by the department.

Statutory Authority: MS s 363.074; 363A.37

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