§ 28-5.1-17 - Utilization analysis.
SECTION 28-5.1-17
§ 28-5.1-17 Utilization analysis. –(a) The personnel administrator, in consultation with the equal employmentopportunity administrator, and the human resources outreach and diversityadministrator within the department of administration, shall annually conduct autilization analysis of positions within state government based upon the annualreview conducted pursuant to §§ 28-5.1-3 and 28-5.1-4.
(2) To the extent the analysis determines that minorities ascurrently defined in federal employment law as Blacks, Hispanics, AmericanIndians (including Alaskan natives), Asians (including Pacific Islanders), arebeing underrepresented and/or underutilized, the personnel administrator shall,through the director of administration, direct the head of the department wherethe under-representation and/or under-utilization exists to establish precisegoals and timetables and assist in the correction of each deficiency, to theextent permitted by law and by collective bargaining agreements.
(3) The initial analysis shall be directed toward serviceoriented departments of the state, state police, labor and training,corrections, children, youth and families, courts, transportation, and humanservices.
(4) The equal employment opportunity administrator shall beconsulted in the selection process for all positions certified asunderrepresented and/or underutilized and shall report the results of progresstoward goals to the governor and to the general assembly by January 31 and July31 of each year. A copy of these results which shall be referred to the RhodeIsland commission for human rights which may, in its discretion, investigatewhether a violation of chapter 28-5 has occurred. The results shall be a publicrecord and shall be made available electronically on the secretary of state'swebsite.
(b) In the event of a reduction in force, the personneladministrator, in consultation with the equal employment opportunityadministrator and director of the department(s) where the reduction isproposed, shall develop a plan to ensure that affirmation action gains arepreserved to the extent permitted by law and by collective bargainingagreements. A copy of this plan shall be referred to the Rhode Islandcommission for human rights which may, in its discretion, investigate whether aviolation of chapter 28-5 has occurred. The plan shall be a public record andshall be made available electronically on the secretary of state's website.
(2) The equal employment opportunity administrator shallreport the results of the plans and their subsequent actions to the governorand to the general assembly by January 31 and July 31 of each year, to theRhode Island commission for human rights. The report shall be a public recordand shall be made available electronically on the secretary of state's website.Consistent with § 28-5.1-6, the Rhode Island commission for human rightsshall have the power to order discontinuance of any department or divisionemployment pattern or practice deemed discriminatory in intent or result by thecommission.
(3) The equal opportunity administrator shall notify thecommission of reports and results under this chapter.