TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520 PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.APPENDIX A CONTENTS OF AFFIRMATIVE ACTION PLANS



Section 2520.APPENDIX A   Contents of Affirmative Action Plans

 

Part I

 

A.        A completed Equal Employment Opportunity/Affirmative Action Certification Form;

 

B.         An agency EEO/AA policy statement signed by the Chief Executive Officer;

 

C.        An agency profile statement, describing the mission of the agency and its specific EEO/AA problems and needs;

 

D.        Identification of the agency's primary EEO Officer and his/her work location and telephone number;

 

E.         An organizational chart depicting the agency personnel at all levels responsible for implementing and monitoring the agency's affirmative action plan; and

 

F.         A description of the methods to be used in accomplishing both internal and external dissemination of the agency's affirmative action policy and plan.

 

Part II

 

A.        Internal Workforce Analysis:  an assessment of the agency's personnel transactions for the previous fiscal year; an analysis of the distribution of present employees separated by code, non-code and combined workforce among the eight EEO job categories; and a breakdown of new hires, promotions, demotions, transfers, terminations, superior performance increases and salary comparisons by affirmative action group; and

 

B.         External Workforce Analysis:  a determination of the number of minorities, women and disabled persons available to the workforce of the agency, calculated according to methodology determined to be appropriate by the Department.

 

Part III

 

A.        Goals and Timetables:  Program goals must be developed in conjunction with the problems identified as the result of the agency's internal and external workforce analyses.  Numerical goals must be developed utilizing methodology determined to be appropriate by the Department.  Each numerical or program goal should include a brief description of the area of concern, objectives that delineate specific intentions, action items outlining steps to be taken to achieve the objectives, the individual responsible for carrying out the action item, the target date for completion, and the procedure for monitoring the progress toward meeting the goal.

 

B.         Methodology for Women and Minorities:

 

1)         Factors:  Numerical goals must be determined for each affirmative action group by computing the availability of that group in each of the EEO job categories in the agency workforce considering the total number and the percentage of the affirmative action group:

 

a)         in the population of the State of Illinois;

 

b)         geographic region where the facility is located;

 

c)         in the total workforce in the geographic region;

 

d)         among those having requisite skills in the geographic region;

 

e)         having the requisite skills in State government;

 

f)          among those promotable in the geographic region;

 

g)         of those who are transferable within the geographic region;

 

h)         at institutions in the geographic region providing training in the requisite skills;

 

i)          among those in the geographic region the agency can train in the requisite skills.  Agencies may consider other appropriate factors, if approved by the Director.

 

2)         The availability of members of each affirmative action group is determined by using the following methodology:

 

a)         Each factor is assigned a value weight by the agency on a scale of 1% to 100%.  The value weight assigned must fall within the parameters found in Appendix B of this rulemaking.  The value weight indicates the applicability of each factor to the agency/facility in recruiting employees for that EEO job category.  The sum of all value weights must be 100%, representing all persons available to work in a job category.

 

b)         Each value weight is multiplied by the percentage of the affirmative action group in each of the factors.  The result is a weighted factor for each of the categories.

 

c)         The sum of the weighted factors is the availability percentage or ratio for that affirmative action group for that category for the agency.  This availability percentage or ratio is applied to the total number of positions in the agency's EEO job category to determine the numerical availability of the affirmative action group in each EEO job category.

 

d)         The agency must indicate the sources of all its statistics in computing the availability percentage or ratio, and the reasons for its weighting value.

 

C.        Methodology for Disabled Persons:

 

1)         Factors:  A numerical goal must be determined on an agency-wide basis, considering the proportion of people with work disabilities in the Illinois labor force, as reflected in the most recent decennial Census.

 

2)         Survey:  After this subpart C has been adopted, employees shall be surveyed to determine the State's utilization of people with disabilities, as defined in Section 2520.700.  Subsequently hired employees will be surveyed at the time of hire.

 

3)         Availability:  Availability must be determined by using the following methodology:

 

a)         The total number of agency employees is multiplied by the percentage of employees with work disabilities in the Illinois labor force (as supplied by the Department);

 

b)         Central Management Services will supply the number of agency employees with disabilities by determining the number of employees who disclose such conditions on the latest "Illinois Department of Human Rights Survey for Disabled Employees" form (IL 442-0254);

 

c)         The number of employees in 2(b) is subtracted from the result of 2(a);

 

d)         If the result of 2(c) is a positive number, the agency must adopt that number as its goal for employing persons with disabilities.  If the result of 2(c) is "0" or a negative number, the agency is considered to be at parity with the external labor force.

 

D.        Monitoring Procedures:  An outline of the procedures to be used by the agency to determine whether the objectives are met by the dates indicated.

 

Part IV

 

Discrimination Complaint Process:  A description of the procedures established by the agency to address charges of employment discrimination. This Part should include a statement that employees will be advised of their rights to file charges of discrimination with the Department, the U.S. Equal Employment Opportunity Commission, or any other appropriate government agency.

 

Part V

 

Affirmative Action for Disabled Persons

 

A.        Recruitment Procedures

 

B.         Application Process Procedures

 

1)         A review of employment criteria to assure they have no adverse impact on disabled persons;

 

2)         Pre-employment inquiries – a statement regarding the inadmissibility of inquiries regarding an applicant's disability during the interview process;

 

3)         Employment testing (for agencies conducting their own tests) – a statement that the tests do not have an adverse impact on disabled applicants;

 

4)         The prohibition of pre-employment medical examinations before an offer of employment;

 

5)         The prohibition of pre-employment medical examinations after an offer of employment, unless such examinations are job related and required of all applicants for that position.

 

C.        Reasonable Accommodation

 

1)         Agency policy committing the agency to providing reasonable accommodations to disabled employees, signed by the Chief Executive Officer of the agency.

 

2)         A description of the procedure to determine reasonable accommodation.

 

D.        Physical Accessibility for Employment

 

1)         Of personnel offices;

 

2)         Of the worksite;

 

3)         For evacuation of disabled persons in emergency situations.

 

Part VI

 

            Applicable EEO Laws:  This Part should set forth the relevant text of any federal law that mandates the agency to adhere to additional EEO/AA requirements.

 

Part VII

 

            This part should have an appendix to the affirmative action plan that contains all supporting data, including the Hiring and Promotion Monitors and the exit questionnaire.

 

(Source:  Amended at 31 Ill. Reg. 12319, effective August 8, 2007)