Minnesota Administrative Rules
Agency 149 - Human Rights Department
Chapter 5000 - COMPLAINTS; PROCEDURES; COMPLIANCE
NONCONSTRUCTION CONTRACTOR'S AFFIRMATIVE ACTION PLANS
Part 5000.3470 - IDENTIFICATION OF PROBLEM AREAS

Universal Citation: MN Rules 5000.3470

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

Subpart 1. Analysis.

Paying particular attention to trainees and those categories listed in part 5000.3450, subpart 2, an in-depth analysis of the following shall be made:

A. composition of the work force by minority group status and sex;

B. composition of applicant flow by minority group status and sex;

C. the total selection process including position descriptions, position titles, worker specifications, application forms, interview procedures, test administration, test validity, referral procedures, final selection process, and similar factors;

D. transfer and promotion practices;

E. facilities, company sponsored recreation and social events, and special programs such as educational assistance;

F. seniority practices and seniority provisions of union contracts;

G. apprenticeship programs;

H. all company training programs, formal and informal;

I. work force attitude; and

J. technical phases of compliance, such as poster and notification to labor unions, retention of applications, or notification to subcontractors.

Subp. 2. Problem areas.

If any of the following items are found in the analysis, corrective action shall be taken:

A. an "underutilization" of minorities or women in specific job groups;

B. lateral or vertical movement of minority or female employees occurring at a lesser rate (compared to work force mix) than that of nonminority or male employees;

C. the selection process which eliminates a significantly higher percentage of minorities or women than nonminorities or men;

D. application or employment forms not in compliance with local, state, or federal law;

E. position descriptions inaccurate in relation to actual functions and duties;

F. formal or scored selection procedures that are not validated;

G. referral ratio of minorities or women to the hiring supervisor or manager which indicates a significantly higher percentage rejected as compared to nonminority and male applicants;

H. minorities or women excluded from or not participating in company sponsored activities or programs;

I. de facto segregation exists at some facilities;

J. seniority provisions that contribute to overt or inadvertent discrimination, that is, a disparity by minority group status or sex exists between length of service and types of jobs held;

K. nonsupport of company policy by managers, supervisors, or employees;

L. minorities or women underutilized or significantly underrepresented in training or career improvement programs;

M. no formal techniques established for evaluating the effectiveness of equal employment opportunity programs;

N. lack of access to suitable housing inhibits recruitment efforts and employment of qualified minorities;

O. lack of suitable transportation, public or private, to the workplace inhibits minority employment;

P. purchase orders do not contain equal employment opportunity clause; and

Q. posters not on display.

Statutory Authority: MS s 363.074; 363A.37

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