TITLE 28

Labor and Labor Relations

CHAPTER 28-5.1

Equal Opportunity and Affirmative Action

SECTION 28-5.1-17



   § 28-5.1-17  Utilization analysis. –

(a)(1) The personnel administrator, in consultation with the equal employment

opportunity administrator, and the human resources outreach and diversity

administrator within the department of administration, shall annually conduct a

utilization analysis of positions within state government based upon the annual

review conducted pursuant to §§ 28-5.1-3 and 28-5.1-4.



   (2) To the extent the analysis determines that minorities as

currently defined in federal employment law as Blacks, Hispanics, American

Indians (including Alaskan natives), Asians (including Pacific Islanders), are

being underrepresented and/or underutilized, the personnel administrator shall,

through the director of administration, direct the head of the department where

the under-representation and/or under-utilization exists to establish precise

goals and timetables and assist in the correction of each deficiency, to the

extent permitted by law and by collective bargaining agreements.



   (3) The initial analysis shall be directed toward service

oriented departments of the state, state police, labor and training,

corrections, children, youth and families, courts, transportation, and human

services.



   (4) The equal employment opportunity administrator shall be

consulted in the selection process for all positions certified as

underrepresented and/or underutilized and shall report the results of progress

toward goals to the governor and to the general assembly by January 31 and July

31 of each year. A copy of these results which shall be referred to the Rhode

Island commission for human rights which may, in its discretion, investigate

whether a violation of chapter 28-5 has occurred. The results shall be a public

record and shall be made available electronically on the secretary of state's

website.



   (b)(1) In the event of a reduction in force, the personnel

administrator, in consultation with the equal employment opportunity

administrator and director of the department(s) where the reduction is

proposed, shall develop a plan to ensure that affirmation action gains are

preserved to the extent permitted by law and by collective bargaining

agreements. A copy of this plan shall be referred to the Rhode Island

commission for human rights which may, in its discretion, investigate whether a

violation of chapter 28-5 has occurred. The plan shall be a public record and

shall be made available electronically on the secretary of state's website.



   (2) The equal employment opportunity administrator shall

report the results of the plans and their subsequent actions to the governor

and to the general assembly by January 31 and July 31 of each year, to the

Rhode Island commission for human rights. The report shall be a public record

and shall be made available electronically on the secretary of state's website.

Consistent with § 28-5.1-6, the Rhode Island commission for human rights

shall have the power to order discontinuance of any department or division

employment pattern or practice deemed discriminatory in intent or result by the

commission.



   (3) The equal opportunity administrator shall notify the

commission of reports and results under this chapter.



History of Section.

(P.L. 1991, ch. 280, § 1; P.L. 2007, ch. 502, § 1; P.L. 2007, ch.

514, § 1.)