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2015-2017 Affirmative Action/Diversity & Inclusion Plan Guidelines

The Governor’s Diversity & Inclusion/Affirmative Action Office has developed guidelines for the Affirmative Action Plan to be used by all state agencies. The guidelines are consistent with the directives required by the Governor. (ORS 182.100, 243.305, 243.315, ORS 659, and 240.379 and Executive Order No. EO-96-38, Section 503 of the Rehabilitation Act of 1973.)
 
Each state agency will be required to develop and submit, in hard copy, to the Governor’s Affirmative Action Office their Affirmative Action Plan. The cover page should include your agency name, year and your logo or seal.
 
The following is an outline of all the information to be included in the 2013-2015 Affirmative Action Plan:
 
I.     Description of Your Agency
A.    Mission and Objectives
B.     Name of Agency Director/Administrator
C.     Name of Governor’s Policy Advisor for your agency
D.     Name of Affirmative Action Representative
E.     Name and contact information for designated FTE with “diversity”, “inclusion”,  
         “access”, or “equity” in their working title
F.     Organizational Chart
 
II.    Affirmative Action Plan
A.     Agency Affirmative Action Policy Statement
B.     Agency Diversity & Inclusion Statement
C.     Training, Education, and Development Plan (TEDP)
1.      Employees
2.      Volunteers
3.      Contractors/Vendors
D.     Programs (Please describe)
1.      Internship Programs(s)
                   a. formal
                   b. informal
2.      Mentorship Program(s)
3.      Community Outreach Program(s)
                   a. Career Fairs
                   b. Community Events/Festivals
                   c. Trade-Specific Events
4.      Diversity Awareness Program(s)
                   a. Agency-Wide Diversity Council
                   b. Employee Resource Groups (ERGs)/Affinity Groups
                   c. Diversity Presentations and/or Activities
5.       Leadership Development/training program
                   a. EEO data of trainees
                   b. Results of development/training program
E.     Update: Executive Order 08-18
1.      Cultural Competency Assessment and Implementation Services
2.      Statewide Exit Interview Survey
3.      Performance Evaluations of all Management Personnel
F.     Status of Contracts to Minority Businesses (ORS 659A.015)
                            a. Number of contracts with Minority or Women-owned businesses
                            b. If zero contracts were awarded to minority or women-owned       
                                businesses, explain why.
 
III.  Roles for Implementation of Affirmative Action Plan
A.     Responsibilities and Accountabilities
1.      Director/Administrators
2.      Managers and Supervisors
3.      Affirmative Action Representative
 
IV.  July 1, 2012 - June 30, 2014
A.     Accomplishments
B.     Progress made or lost since previous biennium
 
 
V.     July 1, 2015 - June 30, 2017
A.     Goals for your Affirmative Action Plan
B.     Strategies and time lines for achieving your goals
 
VI.  Appendix A
A.     Agency’s Policy Documentation
1.   ADA and Reasonable Accommodation Policy
2.   Discrimination and Harassment Free Workplace - (Statewide Policy No. 50.010.01)                 
3.   Employee and Training Policy
4.   Veterans Preference in Employment
5.   Other agency documentation in support of its affirmative action plan
 
VII.   Appendix B
 
In addition, some agencies may have additional requirements to be met, either from a federal funding agency or from Executive Order 11249 (OFCCP regulations) and should be included in the plan.
 
If you have any questions about updating your agency's affirmative action plan please contact our office at 503-986-6525.
 
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Definitions

Accessibility: the ability of a person with a disability to approach, enter, and use an employer´s facilities easily, particularly such areas as its personnel office, work site, programs, services, benefits, privileges, employment, and public areas.

Adverse Impact: a substantially different rate of selection in hiring promotion, transfer, training, or other employment decisions, which works to the disadvantage of members of a particular group.

Affirmative Action: procedures by which racial/ethnic minorities, women, persons in the protected age category, persons with disabilities, Vietnam era veterans, and disabled veterans are provided with increased employment opportunities. This will also include programs for monitoring progress and problem identification. It shall not mean any sort of quota system.

Affirmative Action Plan: a written document including goals and objectives which delineates the steps an agency will take to provide equal opportunity within its workforce.

Affirmative Action Program: a specific results-oriented program, in an affirmative action plan, designed to provide equal opportunity within the workforce.

Agency: a state agency, department, commission, or board.

American Indian or Alaskan Native: a person with origins in any of the original peoples of North America through tribal affiliation or community recognition.

Applicant Flow Data: a statistical compilation of employment applicants showing the specific numbers of each racial, ethnic, and sex group who applied for each job class (or group of job classes requiring similar qualifications) during a specified time period.

Applicant Pool: total of those persons who have applied for or have been considered for a particular position.

Appointing Authority: a board, commission, officer, commissioner, person or group of persons having the power to make appointments by virtue of a statute or by lawfully delegated authority.

Asian or Pacific Islanders: a person with origins in any of the original peoples of the Far East, Southeast Asia, Hawaiian Native, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, the Philippine Republic, and Samoa.

Availability Analysis: the collection, review, and analysis of data reflecting the percentage of protected group members available for employment in the labor market.

Availability Base: the percentage of protected group members who have or who are capable of attaining the requisite skills for entry into a specific job group in a designated recruitment.

Bona Fide Occupational Qualification (BFOQ): a qualification required for performance of a job that limits the opportunity of persons of a particular sex, religion, or national origin to apply for consideration.

Black/African American (not of Hispanic Origin): a person with origins in any of the black racial groups of Africa who is also not of Hispanic origin.

Caucasian (includes European American and Arab American: a person with origins of the original peoples of Europe, North Africa, or the Middle East who is not of Hispanic origin.

Compliance: Conformity with the requirements set forth in the State of Oregon´s Affirmative Action Plan Guidelines, and other State and Federal laws and regulations.

Designee: an individual at the executive level, reporting directly to the agency head, to whom are designated affirmative action duties.

Disabled Veteran: a person entitled to disability compensation under laws administered by the Veterans Administration for disability rated at 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

Division: a division is defined for the purposes of the Affirmative Action Plan Guidelines as any facility, region, district, or section appropriate to a given agency structure and/or workforce depiction.

Employee: any person holding a position in state service subject to appointment by an appointing authority.

Equal Employment Opportunity: the opportunity to obtain employment, promotions and other benefits of employment without discrimination because of race, color, religion, sex, marital status, national origin, age, physical, sensory or mental disability, or status as a disabled Vietnam era veteran.

Goal: a target express as both a number and percentage for placing protected group members in a job group for which underutilization exists.

Good Faith Effort: definition

Hispanic: a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race. Only those persons from Central and South America countries who are of Spanish origin, descent, or culture should be included in this category. Persons from Brazil, Guyana, Surinam, or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, the category does not include persons from Portugal who should be classified according to race.

Job Categories: the eight categories designated by the Equal Employment Opportunity Commission for Affirmative Action reporting to federal agencies: Officials and Administrators, Professionals, Technicians, Protective Service Workers, Paraprofessional, Office and Clerical, Skilled Craft, and Service and Maintenance.

Job Class: any position or position class in state service.

Job Group: one or more job classes having similar job duties, salary range, career ladders, and recruitment area and having enough incumbents to allow for a useful utilization analysis (50 or more).

Job Group Analysis: the assessment of data on the percentage of protected group members within a job group to determine if underutilization exists.

Labor Market or Labor Market Area: a geographical area from which an agency may reasonably expect to recruit employees.

Long Term Timetable: a period of time greater than two years, but not exceeding six years.

Minorities/Persons of Color: all persons classified Black/African American (not Hispanic origin), Hispanic, Asian, Pacific Islander, American Indian, or Alaskan Native.

Parity: a condition where percentage of the representation of a protected group in the workforce, occupational category, job group or class equals the percentage of such persons in the availability base.

Persons with Disability: persons with physical, mental or sensory impairments that would normally impede an individual in obtaining and maintaining permanent employment and promotional opportunities. The impairments must be material rather than slight; static and permanent in that they are seldom fully correctable by medical replacements, therapy or surgical means.

Policy Statement: a written statement, signed by the agency head, declaring and affirming the agency´s commitment to equal opportunity and affirmative action.

Problem Area Analysis: an examination designed to determine deficiencies that must be addressed before full participation of protected group members in the workforce can be assured.

Protected Class: refers to group(s) with respect to race, creed, color, national origin, sex, age, marital status, veteran status, or the presence of any sensory or physical disability.

Short Term Timetables: a period of two years or less.

Timetable: a period of time in which a goal is to be achieved.

Underutilization: a condition where the percentage of representation of a protected group in the workforce, occupational category, job group or job classes is less than the percentage of such persons in the availability base.

Upward Mobility: the opportunity to advance to a higher job class.

Utilization Analysis: protected group availability compared to current workforce for the purpose of determining representation of protected groups.

Vietnam Era Veteran: a person who served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975 and was discharged or released therefrom with other than a dishonorable discharge; or who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964, and May 7 1975; and who was so discharged or released within 48 months preceding an alleged violation of the Vietnam Era Veterans´ Readjustment Assistance Act of 1974, the affirmative action clause, or the regulations issued pursuant to the Act.

Workforce Analysis: a comprehensive inventory of all permanent full time employees at a point in time by race/sex, job classes and occupational category.
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Program Strategies (Good-Faith Efforts)

For the purpose of this plan, good-faith efforts shall be defined as significant measurable attempts to reach affirmative goals and to carry out the intent of this plan. Such efforts may be demonstrated in the following manner:
  1. Records substantiating that a policy statement committing the agency to equal employment opportunity and affirmative action practices has been issued to the staff.
  2. Records substantiating that the agency's affirmative action plan has been made available to all employees.
  3. Records substantiating that managers and supervisors within the work unit have received EEO and Cultural Diversity training.
  4. Records substantiating the provision of reasonable accommodation to disabled persons.
  5. Records substantiating that all eligible persons are encouraged to receive training regardless of their protected class.
  6. Records substantiating that part-time, training, and seasonal employment opportunities are made available to protected class persons.
  7. Records substantiating that the State's EEO policy and Federal EEO policy is posted in the work unit.
  8. Records substantiating dissemination of the EEO grievance procedure to all staff.
  9. Records documenting each organizational unit's progress toward meeting goals to address underutilization.
  10. Records documenting exit interviews and non-discriminatory reasons for leaving.
  11. Records substantiating actions taken to reduce and/or eliminate illegal discrimination and /or harassment complaints.
  12. Records documenting the ethnic/gender composition of interview panels.
  13. Records documenting nay actions or efforts undertaken to meet the State's affirmative action objectives.
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2015-2017 Affirmative Action/Diversity & Inclusion Plan Timeline

 
Date
Item
Responsible
April 24, 2014
AAP Guidelines sent to all agency DI/AA/EEO representatives
 
Governor’s Office
May – Aug
AAP analysis & writing
 
All agencies
July 3
4th quarter EEO report released to agencies
(Goal: updated parity #s will be used)
 
DAS
 
Aug 29
1st draft of AAP due to the Governor’s Office
 
All agencies
Sep 1 – Nov 3
AAP Review
 
Governor’s Office
Nov 3 – 14
AAP Review response to all agencies
 
Governor’s Office
Dec 31
Final draft of AAP due to Governor’s Office
 
All agencies
Jan 2, 2015
AA Summary Report due to Governor
Office of Diversity & Inclusion/Affirmative Action
 

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