TITLE 28

Labor and Labor Relations

CHAPTER 28-5.1

Equal Opportunity and Affirmative Action

SECTION 28-5.1-3



   § 28-5.1-3  Affirmative action. –

(a) The state equal opportunity office shall assign an equal opportunity

officer as a liaison to agencies of state government.



   (b) Each state department or agency, excluding the

legislative branch of state government, shall annually prepare an affirmative

action plan. These plans shall be prepared in accordance with the criteria and

deadlines set forth by the state equal opportunity office. These deadlines

shall provide, without limitation, that affirmative action plans for each

fiscal year be submitted to the state equal opportunity office and the house

fiscal advisor no later than March 31. These plans shall be submitted to and

shall be subject to review and approval by the state equal opportunity office.



   (c) Any affirmative action plan required under this section

deemed unsatisfactory by the state equal opportunity office shall be withdrawn

and amended according to equal opportunity office criteria, in order to attain

positive measures for compliance. The state equal opportunity office shall make

every effort by informal conference, conciliation and persuasion to achieve

compliance with affirmative action requirements.



   (d) The state equal opportunity office shall effect and

promote the efficient transaction of its business and the timely handling of

complaints and other matters before it, and shall make recommendations to

appropriate state officials for affirmative action steps towards the

achievement of equal opportunity.



   (e) The state equal opportunity administrator shall serve as

the chief executive officer of the state equal opportunity office, and shall be

responsible for monitoring and enforcing all equal opportunity laws, programs,

and policies within state government.



   (f) No later than July 1 each state department or agency,

excluding the legislative branch of state government, shall submit to the state

equal opportunity office and the house fiscal advisor sufficient data to enable

the state equal opportunity office and the house fiscal advisor to determine

whether the agency achieved the hiring goals contained in its affirmative

action plan for the previous year. If the hiring goals contained in the

previous year's plan were not met, the agency shall also submit with the data a

detailed explanation as to why the goals were not achieved.



   (g) Standards for review of affirmative action plans shall be

established by the state equal opportunity office, except where superseded by

federal law.



   (h) For purposes of this section, "agency" includes, without

limitation, all departments, public and quasi-public agencies, authorities,

boards, and commissions of the state, excluding the legislative branch of state

government.



   (i) The state equal opportunity office shall continually

review all policies, procedures, and practices for tendencies to discriminate

and for institutional or systemic barriers for equal opportunity, and it shall

make recommendations with reference to any tendencies or barriers in its annual

reports to the governor and the general assembly.



   (j) Relevant provisions of this section also apply to

expanding the pool of applicants for all positions where no list exists. The

equal opportunity administrator is authorized to develop and implement

recruitment plans to assure that adequate consideration is given to qualified

minority applicants in those job categories where a manifest imbalance exists,

excluding those job categories in the legislative branch of state government.



History of Section.

(P.L. 1988, ch. 149, § 1; P.L. 1992, ch. 133, art. 95, § 1; P.L.

1994, ch. 133, § 3.)