CHAPTER 12. AFFIRMATIVE ACTION OFFICE
IC 4-15-12
Chapter 12. Affirmative Action Office
IC 4-15-12-1
Definitions
Sec. 1. As used in this chapter:
"Affected class" means:
(1) minorities;
(2) women;
(3) persons with disabilities; and
(4) persons forty (40) years of age and older.
"Affirmative action policy" means the state's affirmative action
policy established in section 2 of this chapter.
"Persons with disabilities" means all persons who by reason of
physical or mental disability are unable to achieve full vocational
participation.
"Minorities" means persons identified as Blacks, Native
Americans, Asian Americans, and Hispanics.
"Office" means the Indiana affirmative action office created by
this chapter.
"State agency" means any department, agency, commission,
division, authority, board, bureau, or office of the state under the
executive authority of the governor, except any state educational
institution.
"Underutilization" means having fewer members of an affected
class in a particular job category and classification than would be
reasonably expected by their availability in the labor market for that
job category and classification.
As added by P.L.12-1983, SEC.11. Amended by P.L.23-1993, SEC.2;
P.L.2-2007, SEC.47; P.L.99-2007, SEC.9.
IC 4-15-12-2
Policy of state
Sec. 2. The state is committed to an affirmative action policy that
includes the establishment of employment policies and conditions
that ensure the elimination of underutilization of qualified members
of affected classes and the elimination of discrimination on the basis
of race or color, religion, national origin or ancestry, age, sex, and
disability.
As added by P.L.12-1983, SEC.11. Amended by P.L.23-1993, SEC.3.
IC 4-15-12-3
Indiana affirmative action office; creation; director's duties
Sec. 3. There is created within the state personnel department the
Indiana affirmative action office. The director of the department
shall:
(1) appoint an affirmative action officer who shall direct the
office; and
(2) employ the additional personnel necessary to carry out the
functions of the office, which personnel are governed by
IC 4-15-2.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-4
Duties of officer
Sec. 4. In addition to the authority conferred upon the office by
other sections of this chapter, the affirmative action officer shall:
(1) establish annually with each state agency reasonable
affirmative action goals, determine whether good faith efforts
have been made to reach the established goals, and provide
technical assistance to each agency in developing the detailed
program needed to reach the goals;
(2) assist in training activities by state and other agencies in
accordance with the affirmative action policy;
(3) conduct affirmative action training for state agency
appointing authorities, personnel officers, and affirmative
action expediters; and
(4) provide technical assistance in the area of affirmative action
to state agencies for supervisory training and new employee
orientation.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-5
State agencies; plans and policy statements; review and approval;
expediter
Sec. 5. (a) Each state agency shall annually establish an
affirmative action plan to implement the affirmative action policy.
The affirmative action officer may permit a state agency with a small
number of employees to submit an affirmative action policy
statement indicating its commitment to affirmative action, in lieu of
establishing a plan. The affirmative action officer shall review and
approve or disapprove each plan or statement for effectiveness and
compliance with the affirmative action policy.
(b) Each state agency shall designate an affirmative action
expediter for the agency to act under the supervision of the
appointing authority.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-6
Implementation of policy
Sec. 6. The director of the state personnel department is
responsible for the implementation of the affirmative action policy.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-7
Duties of director of state personnel department
Sec. 7. The director of the state personnel department shall:
(1) create an overall affirmative action plan for all state
agencies;
(2) make changes in personnel procedures, rules, and programs
in support of the affirmative action policy;
(3) provide expeditiously such applicant and employee data and
information as may be requested by the affirmative action
officer; and
(4) report at least annually to the governor:
(A) the state agencies that have approved affirmative action
plans and those that do not have approved affirmative action
plans; and
(B) the progress made by state agencies in achieving
affirmative action goals and whether that progress is
satisfactory or unsatisfactory.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-8
Advisory committee
Sec. 8. (a) There is created the affirmative action advisory
committee to assist in the effective implementation of the affirmative
action policy. The committee is composed of eight (8) members. The
governor shall appoint the members of the committee with the advice
of the affirmative action officer. The members serve at the pleasure
of the governor.
(b) A member of the committee is entitled to reimbursement for
traveling expenses and other expenses actually incurred in
connection with his duties, as provided in the state travel policies and
procedures established by the department of administration and
approved by the state budget agency. A member who is not an officer
or employee of the state is entitled to the minimum salary per diem
as provided in IC 4-10-11-2.1(b) while performing his duties.
(c) The committee shall select from its membership a chairperson
and vice chairperson to serve for one (1) year from the date of
selection. They may be reelected at the pleasure of the committee. In
any instance where the chairperson or vice chairperson does not
serve his full term, the committee shall select another to serve in his
own right a full term.
(d) The affirmative action advisory committee shall:
(1) provide liaison activities with the affirmative action officer
with respect to problems and suggestions concerning the
affirmative action policy;
(2) advise the affirmative action officer and the governor of
recommended changes in the implementation of the affirmative
action policy and improved guidelines for state agency
programs; and
(3) advise the governor and the affirmative action officer
concerning the effectiveness and status of the total
implementation of the affirmative action policy.
(e) The affirmative action advisory committee may review the
affirmative action programs of state agencies for effectiveness and
improvements.
As added by P.L.12-1983, SEC.11.