Minnesota Administrative Rules
Agency 149 - Human Rights Department
Chapter 5000 - COMPLAINTS; PROCEDURES; COMPLIANCE
NONCONSTRUCTION CONTRACTOR'S AFFIRMATIVE ACTION PLANS
Part 5000.3450 - WORKFORCE ANALYSIS; AVAILABILITY AND UTILIZATION

Universal Citation: MN Rules 5000.3450

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

Subpart 1. Workforce analysis.

The affirmative action plan must include a workforce analysis based on data that is no more than one year old, including a listing of each job title as it appears in applicable collective bargaining agreements or payroll records (not job group) ranked from the lowest paid to the highest paid within each department or other similar organizational unit including departmental or unit supervision. If there are separate work units or lines of progression within a department, a separate list must be provided for each work unit, or line, including unit supervisors. For lines of progression there must be indicated the order of jobs in the line through which an employee could move to the top of the line. Where there are no formal progression lines or usual promotional sequences, job titles must be listed by department, and then by job family or discipline within that department in order of wage rate or salary range. For each job title, the total number of full-time incumbents, the total number of full-time female and male incumbents, and the total number of full-time female and male incumbents in each of the following groups must be given: Blacks, Hispanics, American Indians or Alaskan Natives, and Asian and Pacific Islanders. The wage rate or salary range for each job title must be given. All job titles, including managerial job titles, must be listed.

Subp. 2. Underutilization.

An analysis of all major job groups at the facility, with explanation if minorities or women are currently being underutilized in any one or more job groups. "Job groups" means one or a group of jobs having similar content, wage rates, and opportunities. "Underutilization" means having fewer minorities or women in a particular job group than would reasonably be expected by their availability. In making the utilization analysis, the contractor shall conduct such analysis separately for minorities and women.

Subp. 3. Minority analysis.

In determining whether minorities are underutilized in any job group, the contractor must consider at least all of the following factors:

A. the minority population of the labor area surrounding the facility;

B. the size of the minority unemployment force in the labor area surrounding the facility;

C. the percentage of the minority work force as compared with the total work force in the immediate labor area;

D. the general availability of minorities having requisite skills in the immediate labor area;

E. the availability of minorities having requisite skills in the relevant recruitment area;

F. the availability of promotable and transferable minorities within the contractor's organization;

G. the existence of training institutions capable of training persons in the requisite skills; and

H. the degree of training which the contractor is reasonably able to undertake as a means of making all job classes available to minorities.

Subp. 4. Women analysis.

In determining whether women are underutilized in any job group, the contractor must consider at least all of the following factors:

A. the size of the female unemployment force in the labor area surrounding the facility;

B. the percentage of the female workforce as compared with the total workforce in the immediate labor area;

C. the general availability of women having requisite skills in the immediate labor area;

D. the availability of women having requisite skills in the relevant recruitment area;

E. the availability of women seeking employment in the labor or recruitment area of the contractor;

F. the availability of promotable and transferable female employees within the contractor's organization;

G. the existence of training institutions capable of training persons in the requisite skills; and

H. the degree of training which the contractor is reasonably able to undertake as a means of making all job classes available to women.

Statutory Authority: MS s 363.074; 363A.37

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