Section 281.95.5. Plan components.

In addition to the board policy statement, each equal employment opportunity and affirmative action plan shall include, but not be limited to, the following components:

       95.5(1)  Identification of coordinator. The name, job title, address and phone number of the employee responsible for coordinating the development and implementation of the equal employment opportunity and affirmative action plans.

       95.5(2)  Administrative statement. An administrative statement on how the agency’s equal employment opportunity and affirmative action policies and plans are to be implemented, including the internal system for auditing and reporting progress. The administrative statement shall be signed and dated by the chief executive officer of the agency.

       95.5(3)  Work force analysis. A work force analysis that shall show the numerical and percentage breakdown of the agency’s full-time and part-time employees within each major job category by racial/ethnic group, gender, and disability. Major job categories shall be consistent with the E.E.O. 5 and E.E.O. 6 occupational categories reported to the United States Equal Employment Opportunity Commission. For the purpose of confidentiality, disability data may be based on total agency figures, rather than those of major job categories.

       95.5(4)  Quantitative analysis. A quantitative analysis that shall compare work force analysis figures with the availability of qualified or qualifiable members of racial/ethnic groups, women, men and persons with disabilities within the relevant labor market.

       95.5(5)  Qualitative analysis. When underrepresentation is identified in one or more major job category, a qualitative analysis shall be implemented and included in the agency’s affirmative action plan. The qualitative analysis is a review of employment policies and practices to determine if and where those policies and practices tend to exclude, disadvantage, restrict or result in adverse impact on the basis of racial/ethnic origin, gender, or disability. The analysis may include, but is not limited to the review of:

        a.           Recruitment practices and policies;

        b.           A demographic study of the applicant pool and flow;

        c.           The rate and composition of turnover in major job categories;

        d.           Trends in enrollment which will affect the size of the work force;

        e.           Application and application screening policies and practices;

        f.            Interview, selection, and placement policies and practices;

        g.           Transfer and promotion policies and practices;

        h.           Discipline, demotion, termination and reduction in force policies and practices;

        i.            Employee assistance, training selection and mentoring policies and practices;

        j.            The impact of the collective bargaining agreement on equal employment opportunity and the affirmative action process;

        k.           Law, policies or practices external to the agency that may hinder success in equal employment opportunity and affirmative action.

       95.5(6)  Goals. Numerical goals and timetables for reduction of underrepresentation in each major job category where it has been identified shall be developed. These goals shall not be treated as rigid and inflexible quotas that must be met, but as reasonable aspirations toward correcting imbalance in the agency’s work force. The goal shall not cause any group of applicants to be excluded from the hiring process. When setting numerical goals agencies shall take into consideration the following:

        a.           The numbers and percentages from the work force analysis conducted pursuant to subrule 95.5(3);

        b.           The number of short- and long-term projected vacancies in the job category, considering turnover, layoffs, lateral transfers, new job openings, and retirements;

        c.           The availability of qualified or qualifiable persons from underrepresented racial/ethnic, gender and disability categories within the relevant labor market;

        d.           The makeup of the student population served by racial/ethnic origin, gender and disability;

        e.           The makeup of the population served by racial/ethnic origin, gender and disability;

        f.            The makeup of the population of the metropolitan statistic area, when applicable, by racial/ethnic origin, gender, and disability.

       95.5(7)  Absence of minority base. Agencies with no minority students enrolled or no minority employees shall develop goals and timetables for recruiting and hiring persons of minority racial/ethnic origin when those persons are available within the relevant labor market.

       95.5(8)  Consolidation. An agency may consolidate racial/ethnic minorities and job categories into broader groupings in conducting its analysis under subrules 95.5(3), 95.5(4) and 95.5(6) when its size or number of employees makes more specific categories impractical.

       95.5(9)  Qualitative goals. Qualitative goals, activities and timetables which specify the appropriate actions and time frames in which problem areas identified during the qualitative analysis are targeted and remedied. In setting qualitative goals and planning actions the agency may consider, but need not be limited to, the following:

        a.           Broadening or targeting recruitment efforts;

        b.           Evaluating and validating criteria and instruments used in selecting applicants for interviews, employment, and promotion;

        c.           Providing equal employment opportunity, affirmative action, and intergroup relations training for employees of the agency;

        d.           Developing a system of accountability for implementing the agency’s plan;

        e.           Developing and implementing an employee assistance and mentoring program;

        f.            Establishing a work climate which is sensitive to diverse racial/ethnic groups, both women and men and persons with disabilities;

        g.           Negotiating the revision of collective bargaining agreements to facilitate equal employment opportunity and affirmative action;

        h.           Considering a person’s racial/ethnic origin, gender, or disability as a relevant factor when selecting applicants for interview, employment and promotion in job categories where underrepresentation exists.