North Carolina Administrative Code
Title 25 - STATE HUMAN RESOURCES
Chapter 01 - OFFICE OF STATE HUMAN RESOURCES
Subchapter L - EQUAL OPPORTUNITY
Section .0100 - EQUAL EMPLOYMENT OPPORTUNITY PLANS AND PROGRAMS
Section 01L .0104 - PROGRAM IMPLEMENTATION: AGENCY AND UNIVERSITY LEVEL

(A) commit the agency or university to equal employment opportunity;

(B) prohibit discrimination and provide equal employment opportunity to applicants and employees without regard to race, color, national origin, religion, creed, sex, age, the genetic information, or disability;

(C) list applicable laws, regulations and guidelines pertaining to EEO compliance including Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act of 1963; the Age Discrimination in Employment Act of 1968, as amended; Executive Order 11246, as amended; the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1988; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Act of 1991; Genetic Information Nondiscrimination Act of 2008; G.S. 126-16; as amended; and other state EEO and anti-discrimination laws or statutes;

(D) prohibit retaliatory actions against employees who file a complaint or charge of employment discrimination, testify, assist or participate in any manner in a hearing, proceeding or investigation of employment discrimination;

(E) commit the agency or university to non-discriminatory practices in recruitment, selection, hiring, promotion, compensation, performance appraisal, disciplinary and grievance procedures, separations, and reduction in force;

(F) describe provisions for providing reasonable accommodation for persons with disabilities;

(G) prevent harassment, including sexual harassment;

(H) describe the accountability of agency head or chancellor, managers, supervisors and others for EEO compliance;

(I) provide for monitoring and evaluating the plan and program effectiveness; and

(J) include the signature of the agency head or the chancellor and date;

(A) The agency head's or the university chancellor's responsibilities shall include:

(B) The managers' and supervisors' responsibilities shall include:

(C) The EEO Officer(s) responsibilities shall include:

(D) The EEO Committee responsibilities shall include:

(A) the N.C. working populations (ages 18-64) as established by the U.S. Census. The statewide N.C. working population shall be used for the officials and administrators, management related and professional occupational categories; and the geographical recruiting area working population shall be used for the other occupational categories;

(B) the two factor analysis as defined by the Office of Federal Contract Compliance Programs (OFCCP) regulations; or

(C) the N.C. Occupational specific civilian labor force and N.C. working population (18-64) compromise standard, as established by the State Human Resources Commission. The occupation specific labor force of each demographic group and the working population by each demographic group shall be compared to the agency or university workforce. An average of the underutilization resulting from the comparisons of the two criteria shall be used to determine the workforce underutilitzation by occupational category for each demographic group. When calculating the underutilization resulting from the occupation specific/working population comparison, the statewide working population and the statewide occupational specific category compromise numbers shall be used for analyzing the officials and administrators, management related and the professional occupational categories. When calculating the underutilization resulting from the occupation specific/working population comparison, the working population in the local geographical recruiting area and the occupation specific category compromise numbers in the local geographical recruiting area may be used for analyzing the other occupational categories. Only one basis or criteria for comparison shall be selected for use by an agency head or university chancellor. The analysis shall identify each occupational category in which groups are underutilized, (defined as having fewer employees in a demographic group in a particular occupational category than would be expected based on the selected basis or criteria for comparison). The analysis shall also assess the agency's or university's workforce needs and capability for addressing the identified underutilization;

(A) recruitment procedures to attract a diverse pool of applicants to each occupational category;

(B) disciplinary process designed to provide equitable treatment for all employees in accordance with the State's discipline rules;

(C) selection procedures designed to ensure that all of the steps in the process are nondiscriminatory and job related;

(D) hiring process designed to include consistent information for new hires regarding employment conditions (e.g., type of appointment or salary);

(E) promotion procedures designed to enhance upward mobility and fully utilize the skills of the existing workforce;

(F) training procedures designed to enhance employee development and advancement opportunities;

(G) compensation and benefits analysis procedures designed to review benefits, monitor salaries, analyze practices in order to determine trends, and ensure that all employees receive compensation and benefits without discrimination;

(H) performance appraisal designed to hold managers and supervisors accountable for the progress of the agency's or university's EEO program, and to establish, maintain, and apply employee performance standards that are free from bias;

(I) transfer or separation analysis designed to identify trends and to measure impact on underutilized groups;

(J) grievance procedures to ensure fair and equitable review of complaints in accordance with agency or university procedures and State rules on grievance; and

(K) a process to enroll managers and supervisors in the Equal Employment Opportunity Institute (EEOI), an EEO educational and diversity training program, as defined by G.S. 126-16.1;