§ 28-5.1-3 - Affirmative action.
SECTION 28-5.1-3
§ 28-5.1-3 Affirmative action. – (a) The state equal opportunity office shall assign an equal opportunityofficer as a liaison to agencies of state government.
(b) Each state department or agency, excluding thelegislative branch of state government, shall annually prepare an affirmativeaction plan. These plans shall be prepared in accordance with the criteria anddeadlines set forth by the state equal opportunity office. These deadlinesshall provide, without limitation, that affirmative action plans for eachfiscal year be submitted to the state equal opportunity office and the housefiscal advisor no later than March 31. These plans shall be submitted to andshall be subject to review and approval by the state equal opportunity office.
(c) Any affirmative action plan required under this sectiondeemed unsatisfactory by the state equal opportunity office shall be withdrawnand amended according to equal opportunity office criteria, in order to attainpositive measures for compliance. The state equal opportunity office shall makeevery effort by informal conference, conciliation and persuasion to achievecompliance with affirmative action requirements.
(d) The state equal opportunity office shall effect andpromote the efficient transaction of its business and the timely handling ofcomplaints and other matters before it, and shall make recommendations toappropriate state officials for affirmative action steps towards theachievement of equal opportunity.
(e) The state equal opportunity administrator shall serve asthe chief executive officer of the state equal opportunity office, and shall beresponsible for monitoring and enforcing all equal opportunity laws, programs,and policies within state government.
(f) No later than July 1 each state department or agency,excluding the legislative branch of state government, shall submit to the stateequal opportunity office and the house fiscal advisor sufficient data to enablethe state equal opportunity office and the house fiscal advisor to determinewhether the agency achieved the hiring goals contained in its affirmativeaction plan for the previous year. If the hiring goals contained in theprevious year's plan were not met, the agency shall also submit with the data adetailed explanation as to why the goals were not achieved.
(g) Standards for review of affirmative action plans shall beestablished by the state equal opportunity office, except where superseded byfederal law.
(h) For purposes of this section, "agency" includes, withoutlimitation, all departments, public and quasi-public agencies, authorities,boards, and commissions of the state, excluding the legislative branch of stategovernment.
(i) The state equal opportunity office shall continuallyreview all policies, procedures, and practices for tendencies to discriminateand for institutional or systemic barriers for equal opportunity, and it shallmake recommendations with reference to any tendencies or barriers in its annualreports to the governor and the general assembly.
(j) Relevant provisions of this section also apply toexpanding the pool of applicants for all positions where no list exists. Theequal opportunity administrator is authorized to develop and implementrecruitment plans to assure that adequate consideration is given to qualifiedminority applicants in those job categories where a manifest imbalance exists,excluding those job categories in the legislative branch of state government.