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A bill for an act
relating to state government; repealing affirmative action requirements for state
agencies; amending Minnesota Statutes 2024, section 43A.01, subdivision 2;
repealing Minnesota Statutes 2024, sections 43A.02, subdivision 33; 43A.19,
subdivision 3; 43A.191; 363A.36; 363A.37; 473.143; Minnesota Statutes 2025
Supplement, section 43A.19, subdivision 1; Minnesota Rules, parts 3905.0100;
3905.0200; 3905.0300; 3905.0400; 3905.0500; 3905.0600; 3905.0700; 5000.3420.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 43A.01, subdivision 2, is amended to read:
Subd. 2.
Precedence of merit principles and nondiscrimination.
It is the policy of
this state to provide for equal employment opportunity consistent with chapter 363A by
ensuring that all personnel actions be based on the ability to perform the duties and
responsibilities assigned to the position without regard to age, race, creed or religion, color,
disability, sex, national origin, marital status, status with regard to public assistance, or
political affiliation.
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It is the policy of this state to take affirmative action to eliminate the
underutilization of qualified members of protected groups in the civil service, where such
action is not in conflict with other provisions of this chapter or chapter
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179
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, in order to
correct imbalances and eliminate the effects of discrimination and support full and equal
participation in the social and economic life in the state.
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Heads of departments and agencies
must provide training to managers and supervisors that are responsible for hiring and
evaluating employee performance regarding bias that can be present in the hiring and
performance evaluation processes.
No contract executed pursuant to chapter 179A shall modify, waive or abridge this
section and sections
43A.07
to
43A.121
,
43A.15
, and
43A.17
to
43A.21
, except to the extent
expressly permitted in those sections.
Sec. 2.
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REPEALER.
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(a)
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Minnesota Statutes 2024, sections 43A.02, subdivision 33; 43A.19, subdivision 3;
43A.191; 363A.36; 363A.37; and 473.143,
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are repealed.
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(b)
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Minnesota Statutes 2025 Supplement, section 43A.19, subdivision 1,
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is repealed.
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(c)
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Minnesota Rules, parts 3905.0100; 3905.0200; 3905.0300; 3905.0400; 3905.0500;
3905.0600; 3905.0700; and 5000.3420,
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are repealed.
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APPENDIX
Repealed Minnesota Statutes: 26-08535
43A.02 DEFINITIONS.
Subd. 33.
Protected groups.
For affirmative action purposes, "protected groups" means females, persons with disabilities, and members of the following minorities: Black, Hispanic, Asian or Pacific Islander, and American Indian or Alaskan native.
43A.19 AFFIRMATIVE ACTION.
Subdivision 1.
Statewide affirmative action program.
(a) To assure that positions in the executive branch of the civil service are equally accessible to all qualified persons, and to eliminate the effects of past and present discrimination, intended or unintended, on the basis of protected group status, the commissioner shall adopt and periodically revise, if necessary, a statewide affirmative action program. The statewide affirmative action program must consist of at least the following:
(1) objectives, goals, and policies;
(2) procedures, standards, and assumptions to be used by agencies in the preparation of agency affirmative action plans, including methods by which goals and timetables are established;
(3) the analysis of separation patterns to determine the impact on protected group members; and
(4) requirements for annual objectives and submission of affirmative action progress reports from heads of agencies.
Agency heads must report the data in clause (3) to the state Director of Affirmative Action and the state ADA coordinator, in addition to being available to anyone upon request. The commissioner must annually post the aggregate and agency-level reports under clause (4) on the agency's website.
(b) The commissioner shall establish statewide affirmative action goals for each of the federal Equal Employment Opportunity (EEO) occupational categories applicable to state employment, using at least the following factors:
(1) the percentage of members of each protected class in the recruiting area population who have the necessary skills; and
(2) the availability for promotion or transfer of current employees who are members of protected classes.
(c) The commissioner may use any of the following factors in addition to the factors required under paragraph (b):
(1) the extent of unemployment of members of protected classes in the recruiting area population;
(2) the existence of training programs in needed skill areas offered by employing agencies and other institutions; and
(3) the expected number of available positions to be filled.
(d) The commissioner shall designate a state director of diversity and equal employment opportunity who may be delegated the preparation, revision, implementation, and administration of the program. The commissioner of management and budget may place the director's position in the unclassified service if the position meets the criteria established in section
43A.08, subdivision 1a
.
(e) The commissioner shall designate a statewide ADA and disability employment director. The commissioner may delegate the preparation, revision, implementation, evaluation, and administration of the program to the director. The director must administer the 700-hour on-the-job demonstration experience under the customized employment program and disabled veteran's employment programs. The ADA and disability employment director shall have education, knowledge, and skills in disability policy, employment, and the ADA. The commissioner may place the director's position in the unclassified service if the position meets the criteria established in section
43A.08, subdivision 1a
.
(f) Agency affirmative action plans, including reports and progress, must be posted on the agency's public and internal websites within 30 days of being approved. The commissioner of management and budget shall post a link to all executive branch agency-approved affirmative action plans on its public website. Accessible copies of the affirmative action plan must be available to all employees and members of the general public upon request.
Subd. 3.
Exemptions.
Implementation of the provisions of this section shall not be deemed a violation of other provisions of this chapter or chapter 363A.
43A.191 AGENCY AFFIRMATIVE ACTION PROGRAMS.
Subdivision 1.
Affirmative action officers.
(a) Each agency with 1,000 employees or more shall have at least one full-time affirmative action officer, who shall have primary responsibility for developing and maintaining the agency's affirmative action plan. The officer shall devote full time to affirmative action activities. The affirmative action officer shall report administratively and on policy issues directly to the agency head. The affirmative action officer shall be in the classified service.
(b) The agency heads shall assign affirmative action officers or designees for agencies with fewer than 1,000 employees. The designees shall report administratively and on policy issues directly to the agency head.
(c) An agency may not use authority under section
43A.08, subdivision 1a
, to place the position of an agency affirmative action officer or designee in the unclassified service.
Subd. 2.
Agency affirmative action plans.
(a) The head of each agency in the executive branch shall prepare and implement an agency affirmative action plan consistent with this section and rules issued under section
43A.04, subdivision 3
.
(b) The agency plan must include a plan for the provision of reasonable accommodation in the hiring and promotion of qualified persons with disabilities. The reasonable accommodation plan must consist of at least the following:
(1) procedures for compliance with sections
16E.03, subdivision 9
,
363A.08
to
363A.19
, and
363A.28, subdivision 10
, and, where appropriate, regulations implementing United States Code, title 29, section 794, as amended through December 31, 1984, which is section 504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act, United States Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 401, 402, and 501 to 514;
(2) methods and procedures for providing timely access to reasonable accommodations during the application process, throughout current employment, and when seeking promotion;
(3) provisions for funding reasonable accommodations; and
(4) the number of requests made, the number of requests approved, and the number of requests reimbursed from the state accommodation account under section
16B.4805
.
(c) The agency plan must be prepared by the agency head with the assistance of the agency affirmative action officer and the director of diversity and equal employment opportunity. The agency may consult with the Council on Disability, vocational rehabilitation services, state services for the blind, and other disability experts to review and make recommendations on recruitment and retention of people with disabilities.
(d) The agency plan must identify any positions in the agency that can be used for supported employment as defined in section
268A.01, subdivision 13
, of persons with significant disabilities. The agency shall report this information to the commissioner. An agency that hires more than one supported worker in the identified positions must receive recognition for each supported worker toward meeting the agency's affirmative action goals and objectives.
(e) An agency affirmative action plan may not be implemented without the commissioner's approval.
Subd. 2a.
Disability recruitment, hiring, and advancement.
(a) Each agency affirmative action plan must include a section that provides sufficient assurances, procedures, and commitments to provide adequate hiring, placement, and advancement opportunities for individuals with disabilities at all levels of state employment. The criteria for this section of the agency affirmative action plan must include a section on disability hiring and advancement, including the provisions in this subdivision.
(b) The plan must describe specific actions to ensure that a broad range of individuals with disabilities will be aware of and be encouraged to apply for job vacancies when eligible. The actions must include, at a minimum:
(1) the use of programs and resources that identify job applicants with disabilities who are eligible to be appointed under a hiring authority that takes disability into account, consistent with the demonstration program under section
43A.15, subdivision 14
. The programs may include the Department of Employment and Economic Development's Vocational Rehabilitation Services and State Services for the Blind that provide the qualifications necessary for positions within the agency to individuals with disabilities. Resources may include databases of individuals with disabilities who previously applied to the agency but were not hired for the positions they applied for, and training and internship programs that lead directly to employment for individuals with disabilities; and
(2) establishment and maintenance of contacts, that may include formal agreements, with organizations that specialize in providing assistance to individuals with disabilities in securing and maintaining employment, such as the Department of Employment and Economic Development's Vocational Rehabilitation Services, State Services for the Blind, community rehabilitation programs, day training and habilitation programs, and employment network service providers.
(c) The plan must ensure that the agency has designated sufficient staff to handle any disability-related issues that arise during the application and selection process, and shall require the agency to provide staff with sufficient training, support, and other resources to carry out the responsibilities under this section. Responsibilities include, at a minimum:
(1) ensuring that disability-related questions from members of the public regarding the agency's application and selection processes are answered promptly and correctly, including questions about reasonable accommodations needed by job applicants during the application and selection process and questions about how individuals may apply for positions under hiring authorities that take disability into account;
(2) processing requests for reasonable accommodations needed by job applicants during the application and placement process and ensuring that the agency provides such accommodations when required;
(3) accepting applications for a position under hiring authorities that take disability into account;
(4) if an individual has applied for appointment to a particular position under a hiring authority that takes disability into account, determining whether the individual is eligible for appointment under such authority and if so forwarding the individual's application to the relevant hiring officials with an explanation of how and when the individual may be appointed, consistent with all applicable laws; and
(5) overseeing any other agency programs designed to increase hiring of individuals with disabilities.
Subd. 3.
Audits; sanctions and incentives.
(a) The commissioner shall annually audit the record of each agency to determine the rate of compliance with affirmative action requirements. The commissioner must report all audit findings to the governor if a state agency fails to meet any of its affirmative action requirements for two consecutive years.
(b) By March 1 of each odd-numbered year, the commissioner shall submit a report on affirmative action progress of each agency and the state as a whole to the governor and to the Finance Committee of the senate, the Ways and Means Committee of the house of representatives, the Governmental Operations Committees of both houses of the legislature, and the Legislative Coordinating Commission. The report must include noncompetitive appointments made under section
43A.08, subdivision 2a
, or
43A.15
, subdivisions 3 to 7, 10, and 12, and cover each agency's rate of compliance with affirmative action requirements. The report must be made available to the public on the department's website.
(c) An agency that does not meet its hiring goals must justify its nonaffirmative action hires in competitive appointments and noncompetitive appointments made under section
43A.08, subdivisions 1
, clauses (9), (11), and (16), and 2a; and section
43A.15, subdivisions
3, 10, 12, and 13, according to criteria issued by the department. In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected group members by following an active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and procedures for measuring compliance.
(e) An agency is encouraged to develop other innovative ways to promote awareness, acceptance, and appreciation for diversity and affirmative action. These innovations will be considered when evaluating an agency's compliance with this section.
(f) An agency not in compliance with affirmative action requirements of this section must identify methods and programs to improve performance, to reallocate resources internally in order to increase support for affirmative action programs, and to submit program and resource reallocation proposals to the commissioner for approval. An agency must submit these proposals within 120 days of being notified by the commissioner that it is out of compliance with affirmative action requirements. The commissioner shall monitor quarterly the affirmative action programs of an agency found to be out of compliance.
(g) The commissioner shall establish a program to recognize an agency that has made significant and measurable progress in implementing an affirmative action plan.
(h) The commissioner must maintain and make available, on an annual basis, summary data as defined in section
13.02, subdivision 19
, on the percentage of members of each protected group as defined in section
43A.02, subdivision 33
, that were hired in the executive branch in each of the federal Equal Employment Opportunity (EEO) occupational categories applicable to state employment. Nothing in this provision, however, shall require any person to disclose their protected group status, nor shall it require the commissioner or any appointing authority to determine the protected group status of any person.
363A.36 CERTIFICATES OF COMPLIANCE FOR PUBLIC CONTRACTS.
Subdivision 1.
Scope of application.
(a) No department, agency of the state, the Metropolitan Council, or agency subject to section
473.143, subdivision 1
, shall execute a contract for goods or services in excess of $100,000 with a business that has 40 or more full-time employees in this state or a state where the business has its primary place of business on a single day during the prior 12 months, unless the business has a workforce certificate from the commissioner of human rights or has certified in writing that it is exempt. Determinations of exempt status shall be made by the commissioner of human rights. A certificate is valid for four years. A municipality as defined in section
466.01, subdivision 1
, that receives state money for any reason is encouraged to prepare and implement an affirmative action plan for the employment of people with disabilities, people of color, and women, and to submit the plan to the commissioner.
(b) This section does not apply to contracts entered into by the State Board of Investment for investment options under section
356.645
.
(c) The commissioner shall issue a certificate of compliance or notice of denial within 15 days of the application submitted by the business or firm.
Subd. 1a.
Scope of application; state capital funding.
(a) An agency that uses state money to pay for part or all of a capital project is subject to and must comply with the restrictions in subdivision 1, for contracts exceeding $100,000. A political subdivision that uses state money to pay for part or all of a capital project is subject to and must comply with the restrictions in subdivision 1, for contracts exceeding $250,000.
(b) For the purposes of this subdivision, the following terms have the meanings given them:
(1) "agency" means a state board, commission, authority, department, or other agency of the executive branch of state government; the Metropolitan Council; the Minnesota Historical Society; the Minnesota State Colleges and Universities; or the University of Minnesota;
(2) "capital project" means the acquisition and betterment of land and buildings and other public improvements in the state, including acquisition of real property or an interest in real property, predesign, design, engineering, site preparation and related environmental work, renovation, construction, furnishing, and equipping;
(3) "political subdivision" means a county, home rule charter or statutory city, town, school district, metropolitan or regional agency other than the Metropolitan Council, public corporation established in law, or other special or limited purpose district created or authorized by law; and
(4) "state money" means the proceeds of state general obligation bonds issued under article XI, section 5, clause (a), of the Minnesota Constitution.
(c) This subdivision applies to a capital project or discrete phase of a capital project for which state money has been appropriated on or after January 1, 2022.
Subd. 2.
Filing fee; account; appropriation.
The commissioner shall collect a $250 fee for each certificate of compliance issued by the commissioner or the commissioner's designated agent. The proceeds of the fee must be deposited in a human rights fee special revenue account. Money in the account is appropriated to the commissioner to fund the cost of issuing certificates and investigating grievances.
Subd. 3.
Violations; remedies.
Certificates of compliance may be suspended or revoked by the commissioner if a holder of a certificate has not made a good faith effort to implement an affirmative action plan that has been approved by the commissioner. If a contractor does not effectively implement an affirmative action plan approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort to do so, the commissioner may refuse to approve subsequent plans submitted by that firm or business. If a certificate holder is in violation of this section, the commissioner may impose one or both of the following actions:
(1) issue fines up to $5,000 per calendar year for each contract; or
(2) suspend or revoke a certificate of compliance until the contractor has paid all outstanding fines and otherwise complies with this section.
Subd. 4.
Revocation of contract.
A contract awarded by a department or agency of the state, the Metropolitan Council, or an agency subject to section
473.143, subdivision 1
, may be terminated or abridged by the awarding entity because of suspension or revocation of a certificate based upon a contractor's failure to implement or make a good faith effort to implement an affirmative action plan approved by the commissioner under this section. If a contract is awarded to a person who does not have a contract compliance certificate required under subdivision 1, the commissioner may void the contract on behalf of the state.
Subd. 5.
Technical assistance.
In the case of a contractor whose certificate of compliance has been suspended, the commissioner shall provide technical assistance that may enable the contractor to be recertified within 90 days after the contractor's certificate has been suspended.
Subd. 6.
Access to data.
Data submitted to the commissioner related to a certificate of compliance are private data on individuals or nonpublic data with respect to persons other than department employees. The commissioner's decision to issue, not issue, revoke, or suspend or otherwise penalize a certificate holder of a certificate of compliance is public data. Applications, forms, or similar documents submitted by a business seeking a certificate of compliance are public data. The commissioner may disclose data classified as private or nonpublic under this subdivision to other state agencies, statewide systems, and political subdivisions for the purposes of achieving compliance with this section.
363A.37 CERTIFICATES OF COMPLIANCE.
Subdivision 1.
Rules.
The commissioner shall adopt rules to implement section
363A.36
specifying the criteria used to review affirmative action plans and the standards used to review implementation of affirmative action plans. A firm or business certified to be in compliance with affirmative action requirements of a local human rights agency or the federal government shall be deemed to be in compliance with section
363A.36
upon receipt by the commissioner of an affirmative action plan approved by a local human rights agency or the federal government and amendments to the plan which are necessary to address the employment of disabled persons protected by section
363A.08
.
Subd. 2.
Issuing certificates of compliance.
The commissioner shall issue a certificate of compliance or a letter stating notice of deficiencies within 15 days after the department has received the information required in Minnesota Rules, part
5000.3560
, subpart 1. The notification must state specifically the ways in which the submission fails to meet the requirements of Minnesota Rules, part
5000.3560
, subpart 1. Certificates of compliance shall be issued 15 days after the department has received a revised submission that complies with Minnesota Rules, part
5000.3560
, subpart 1.
473.143 AFFIRMATIVE ACTION PLANS.
Subdivision 1.
Application.
For purposes of this section, "agency" means a metropolitan agency as defined in section
473.121
, except the Metropolitan Parks and Open Space Commission. Agency also means the Metropolitan Mosquito Control Commission. For purposes of this section, "commissioner" means the commissioner of the state Department of Management and Budget.
Subd. 2.
Development and contents.
The council and each agency shall develop an affirmative action plan and submit its plan to the commissioner for approval. The commissioner may not approve a plan unless the commissioner determines that it will be effective in assuring that employment positions are equally accessible to all qualified persons, in eliminating the underutilization of qualified members of protected groups, in providing a supportive work environment to all employees, regardless of race, religion, sex, national origin, or disability, and in dealing with discrimination complaints. For purposes of this section, "protected group" has the meaning given it in section
43A.02, subdivision 33
. A plan must contain at least the elements required in this subdivision.
(a) It must identify protected groups that are underrepresented in the council's or agency's work force.
(b) It must designate a person responsible for directing and implementing the affirmative action program and assign the specific responsibilities and duties of that person. The person responsible for implementing the program shall report directly to the council's or agency's chief operating officer regarding the person's affirmative action duties. The person responsible for the affirmative action program shall review examination and other selection criteria to assure compliance with law. This person shall be involved in the filling of all vacancies in the council or agency work force, to the extent necessary to facilitate attainment of affirmative action goals.
(c) It must describe the methods by which the plan will be communicated to employees and to other persons.
(d) It must describe methods for recruiting members of protected groups. These methods may include internship programs, cooperation with union apprenticeship programs, and other steps necessary to expand the number of protected group members in applicant pools.
(e) It must describe internal procedures in accordance with this paragraph for processing complaints of alleged discrimination from job applicants and employees. The procedures must provide for an initial determination of whether the complaint is properly a discrimination complaint subject to the procedure under the affirmative action plan. Complaints filed under the discrimination procedures that allege reprisals against an employee for opposing a forbidden practice or for filing a charge, testifying, or participating in an investigation, proceeding, or hearing relating to a forbidden practice are appealable to the chief operating officer of the council or agency. Procedures under this paragraph must be distinct from any procedures available under a union contract or personnel policy for nondiscrimination complaints. Use of procedures developed under this paragraph is not a prerequisite to filing charges with a governmental enforcement agency, nor does it limit a person's right to file these charges.
(f) It must set goals and timetables to eliminate underutilization of members of each protected group in the council or agency work force.
(g) It must provide a plan for retaining and promoting protected group members in the council or agency work force. This plan should encourage training opportunities for protected group members, to the extent necessary to eliminate underutilization in specific parts of the work force.
(h) It must describe methods of auditing, evaluating, and reporting program success, including a procedure that requires a preemployment review of all hiring decisions for occupational groups with unmet affirmative action goals.
(i) It must provide for training of management and supervisory personnel in implementation of the plan and in dealing with alleged acts of discrimination in the workplace.
(j) It must provide for periodic surveying of the council or agency work force to determine employee attitudes toward implementation of the plan.
(k) It must provide for creation of an employee committee to advise on implementation of the plan and on any changes needed in the plan.
Subd. 3.
Harassment.
The council and each agency shall adopt written policies forbidding harassment based on sex, disability, or race in their workplaces and establishing implementation plans and grievance procedures to deal with complaints of harassment based on sex, disability, or race.
Subd. 4.
Performance evaluation.
The evaluation of the performance of each supervisory and managerial employee of the council and the agencies must include evaluation of the person's performance in implementing the council's or agency's affirmative action plan and in preventing forbidden discrimination in the workplace.
Subd. 5.
Report.
By March 1 each year, the commissioner shall report to the legislature on affirmative action progress of the council and of each agency. The report must include:
(1) an audit of the record of the council and each agency to determine compliance with affirmative action goals and to evaluate overall progress in attainment of overall affirmative action objectives;
(2) if the council or any agency has failed to make satisfactory progress toward its affirmative action goals, a list of unmet goals and an analysis of why the failure occurred;
(3) a summary of all personnel actions taken by the council and each agency during the past calendar year, categorized by occupational group, protected group status, and full-time, part-time, temporary, and seasonal status; and
(4) a summary of discrimination complaints and lawsuits against the council and each agency filed or resolved during the past calendar year, including the basis for the complaints and lawsuits.
For purposes of this subdivision, "personnel action" means a new hire, promotion, transfer, demotion, layoff, recall from layoff, suspension with or without pay, letter of reprimand, involuntary termination, other disciplinary action, and voluntary termination.
The council and each agency shall report to the commissioner all information that the commissioner requests to make the report required by this subdivision. In providing this information, the council and agencies are not required to reveal information that is not public data under chapter 13.
The council and each agency shall submit these reports at the time and in the manner requested by the commissioner. The commissioner shall report to the legislature on the failure of the council or an agency to file the required report in a timely manner.
Subd. 6.
Coordination.
The commissioner or a designee shall meet with affirmative action officers of the council and all of the agencies to share successful techniques and foster innovative means to implement affirmative action plans and eliminate discrimination in the workplace.
Subd. 7.
Coordination with legislature.
The council and each agency shall facilitate legislative oversight of equal opportunity practices by providing the legislature access, including access to computerized records if compatible systems exist, to public data maintained by the agency. The council and agencies must not provide access to information that is not public data as defined in section
13.02, subdivision 8a
.
Repealed Minnesota Rule: 26-08535
3905.0100 AFFIRMATIVE ACTION POLICY.
It is the policy of the state of Minnesota to implement and maintain an affirmative action program designed to eliminate underutilization of qualified protected group members within the state civil service through a series of specific, result-oriented procedures combined with good faith effort. A good faith effort minimally includes consideration of affirmative action goals on all staffing and personnel decisions.
3905.0200 SCOPE OF CHAPTER.
This chapter applies to all agencies in the executive branch and to classified and unclassified positions of those agencies. In the event of a conflict or duplication between requirements of this chapter and federal regulations and at the request of the agency head, the commissioner may permit an agency to substitute a federally required procedure for a similar procedure otherwise required by this chapter.
3905.0300 DUTIES OF AGENCY HEAD.
The agency head shall administer the agency's affirmative action program in compliance with existing laws, federal regulations, and state rules. The agency head is accountable for affirmative action compliance to the governor and to the commissioner.
3905.0400 REQUIREMENTS FOR AGENCY AFFIRMATIVE ACTION PLANS.
§
Subpart 1.
For agencies with 25 or more employees.
The head of each agency with 25 or more employees shall submit to the commissioner an affirmative action plan for the agency. The plan must at least:
§
A.
identify the protected group or groups underrepresented in the agency's work force and, therefore, covered by the affirmative action plan;
§
B.
designate those persons or groups responsible for directing and implementing the agency affirmative action program and the specific responsibility, accountability, and duties of each person or group;
§
C.
state the agency head's commitment to the affirmative action program and to the implementation of the agency affirmative action plan;
§
D.
specify a readily accessible location for the posting of the agency's affirmative action plan;
§
E.
describe the methods by which the agency's affirmative action program is communicated internally and externally to employees and other interested persons;
§
F.
describe internal procedures, which must comply with part
3905.0500
, for processing complaints of alleged discrimination from applicants, eligibles, and employees;
§
G.
set goals and timetables, which must be established using the standards in part
3905.0600
;
§
H.
identify and describe methods for developing programs and program objectives designed to meet affirmative action goals;
§
I.
describe methods of auditing, evaluating, and reporting program success, including a procedure that requires a preemployment review of all hiring decisions for goal units with unmet affirmative action goals and prereview of all layoff decisions to determine their effect on agencies' affirmative action goals and timetables; and
§
J.
include the official affirmative action transmittal form which provides for section by section verification of the plan's components.
At the discretion of the agency head, the affirmative action plan may contain other provisions not in conflict with this chapter.
§
Subp. 2.
For agencies with fewer than 25 employees.
The head of each agency with fewer than 25 employees shall submit to the commissioner an affirmative action plan for the agency, which must at least:
§
A.
state the agency head's commitment to the affirmative action program;
§
B.
state the agency head's objective to hire members of protected groups when vacancies occur if an apparent underutilization of protected group members exists in the agency work force; and
§
C.
describe an internal procedure, which must comply with part
3905.0500
, for processing complaints of alleged discrimination from applicants, eligibles, and employees.
3905.0500 REQUIREMENTS FOR COMPLAINT PROCEDURES.
In an agency's internal procedure for processing complaints of alleged discrimination from applicants, eligibles, and employees, the initial step must provide for a determination of whether the complaint is properly a discrimination complaint and, therefore, appropriate to be addressed by the internal procedure. Time limits on these determinations must be established to permit the applicant, eligible, or employee to pursue a complaint determined to be other than a discrimination complaint through other appropriate grievance procedures in accordance with the time limits of those procedures. Complaint procedures must also provide for a final written answer within 60 days after a formal complaint is filed. Disposition of complaints must be filed with the commissioner within 30 days of final determination.
3905.0600 REQUIREMENTS FOR GOALS AND TIMETABLES.
§
Subpart 1.
General requirement.
In establishing goals and timetables for affirmative action plans, agency heads shall comply with subparts 2 to 6.
§
Subp. 2.
Labor force statistics.
In establishing goals for affirmative action plans, agency heads shall use labor force statistics from census data when available to examine work force participation. When an agency requests the authority to substitute more specific data, the commissioner shall consider alternative data sources and determine their applicability based on the following criteria:
§
A.
the objectivity of the supplying organization;
§
B.
the reliability of statistical procedures used to generate the data; and
§
C.
the comparability of data categories (occupational group, geographic location, disabling condition, for example) used.
§
Subp. 3.
Formula for determining underutilization.
Agency heads shall determine underutilization of protected groups using statistical formulas based on the following criteria:
§
A.
types of jobs within each agency and agency subdivision;
§
B.
number of employees in those jobs, by state class title, and by protected group;
§
C.
availability of protected group workers having the qualifications for those jobs; and
§
D.
geographic locations and applicable labor market areas for each type of job in each agency and agency subdivision.
§
Subp. 4.
Numerical goals.
Agency heads shall establish numerical goals for the agency and for each agency subdivision that has 25 or more employees and that is in a geographic location with a labor market area separate from that of the agency central office.
§
Subp. 5.
Basis for goals.
Agency heads shall establish goals for each goal unit by protected group. The goals must be based on a comparison of the composition of the agency or agency subdivision work force with the composition of the relevant civilian labor force in an identified labor market area. If the comparison shows that a goal unit underutilizes a protected group, the agency head shall establish a goal for that group in that goal unit.
§
Subp. 6.
Timetables.
Agency heads shall establish timetables for meeting goals. Timetables must be based on turnover and hire rates within each goal unit in the agency or within each agency subdivision.
3905.0700 REPORTING REQUIREMENTS.
§
Subpart 1.
Quarterly reports.
Agency heads with 25 or more employees shall submit quarterly to the commissioner a report of the agency's efforts to meet affirmative action goals and the progress resulting from those efforts. Agency heads with fewer than 25 employees shall submit such a report to the commissioner semiannually. Reports are due 30 days following the close of the reporting period.
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Subp. 2.
Biennial reports.
Each agency head shall submit to the commissioner, concurrently with the agency's biennial budget request, a report on the results of the agency's affirmative action plan. The commissioner shall submit these reports to the governor and the legislature.
5000.3420 AFFIRMATIVE ACTION PLANS; CONTRACTORS.
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Subpart 1.
General requirements.
Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, section
363A.36
, contractors must take affirmative action to employ and advance in employment qualified minority, female, and disabled persons at all levels of employment, including the executive level. Affirmative action must apply to all employment practices including the following:
§
A.
hiring, upgrading, demotion, or transfer;
§
B.
recruitment or recruitment advertising;
§
C.
layoff or termination;
§
D.
rates of pay or other forms of compensation; and
§
E.
selection for training, including apprenticeship.
§
Subp. 2.
Proper consideration of qualifications.
Contractors shall review their personnel processes to determine whether their present procedures assure careful, thorough, and systematic consideration of the job qualifications of known minority, female, and disabled applicants and employees for job vacancies filled either by hiring or promotion, and for all training opportunities offered or available. To the extent that it is necessary to modify their personnel procedures, contractors shall include the development of new procedures for this purpose in their affirmative action plan required under this part. These procedures must be designed to facilitate a review of the implementation of this requirement by the contractor or the department.
§
Subp. 3.
Affirmative action plan.
Before submitting a bid or proposal for a covered state contract, a contractor shall prepare and maintain at each establishment an affirmative action plan which sets forth the contractor's policies, practices, and procedures in accordance with this part. This plan may be integrated into or kept separate from other affirmative action plans of the contractor.
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Subp. 4.
Plan review.
The affirmative action plan must be reviewed and updated annually. If there are any significant changes in procedures, rights, or benefits as a result of the annual updating, those changes must be communicated to employees and applicants for employment and submitted to the department's compliance division.
§
Subp. 5.
Identify plan coverage.
The contractor shall invite all applicants and employees who believe themselves covered by Minnesota Statutes, section
363A.36
and who wish to benefit under the affirmative action plan to identify themselves to the contractor. The invitation must state that the information is voluntarily provided, that it will be kept confidential, that refusal to provide it will not subject the applicant or employee to any adverse treatment, and that it will be used only in accordance with the Human Rights Act and rules adopted under the act. If disabled applicants or employees identify themselves, the contractor shall also seek advice from each of them regarding proper placement and appropriate accommodation.
An employee shall not be precluded from informing a contractor at any future time of the employee's desire to benefit under the program.
A contractor shall not be relieved of its obligation to take affirmative action with respect to those applicants or employees whose minority, female, or disabled status is known to the contractor provided that the contractor is not obligated to search the medical files of any applicant or employee to determine the existence of a disability.
A contractor shall not be relieved from liability for discrimination under the Human Rights Act.
§
Subp. 6.
Notice.
The contractor shall agree to post a notice in a conspicuous place which is available to employees and applicants for employment. The notice must be in a form prescribed by the commissioner. The notice must state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified minority, female, and disabled employees and applicants for employment, and the rights of applicants and employees.
§
Subp. 7.
Employee access to plan.
The complete affirmative action plan must be available for inspection to an employee or applicant for employment upon request. The location and hours during which the program may be obtained must be posted at each facility.
§
Subp. 8.
Equal opportunity policy statement.
The contractor must prepare and include in its affirmative action plan an equal employment opportunity policy statement.
The equal employment opportunity policy statement must indicate that the contractor is committed to the principles of equal employment opportunity, assign overall responsibility to an executive of the contractor, and provide for a reporting and monitoring procedure. The policy statement must indicate that it is the policy of the contractor to:
§
A.
recruit, hire, train, and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, disability, sexual orientation, or age except where such status is a bona fide occupational qualification;
§
B.
make employment decisions in a manner which will further the principles of equal employment opportunity;
§
C.
ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities; and
§
D.
ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, company-sponsored training, education, tuition assistance, and social and recreation programs will be administered without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, disability, sexual orientation, or age.
This statement must be signed by the chairperson of the board or the chief executive officer.