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Affirmative Action, Equal Opportunity

Table of Contents

Section 1)
Three Myths about Affirmative Action


Section 2)
Policies, Procedures And Guidelines For Affirmative Action Plans In Rhode Island State Government
JULY 1, 2005 TO JUNE 30, 2006

Section 3)
Post-Writing Recommendation


Section 4)
APPLICABILITY


Section 5)
Affirmative Action/Equal Opportunity History/Timelines



Three Myths about Affirmative Action

MYTH #1: We don't need affirmative action any more.

FALSE. Though progress has been made, people of color and women are still more likely to be unemployed, employed at lower wages, and hold jobs with a lower base pay. The U.S. Department of Labor’s Glass Ceiling Commission Report of 1995 states that while white men make up 43% of the Fortune 2000 workforce, they hold 95% of senior management jobs.

MYTH #2: Affirmative action favors people of color and women, leading to reverse discrimination.

FALSE. Affirmative action merely enables people who might otherwise be shut out, to get their foot in the door. Affirmative action permits factors such as race, gender and national origin to be considered when hiring or admitting qualified applicants, keeping the doors of opportunity open.

MYTH #3: Affirmative action really means quotas.

FALSE. Quotas are illegal. With affirmative action, federal contractors and employers must establish goals and timetables and make good faith efforts to meet them. But a legal affirmative action plan does not include quotas.

Produced by the ACLU.



Policies, Procedures And Guidelines For Affirmative Action Plans In Rhode Island State Government
JULY 1, 2005 TO JUNE 30, 2006

I. GENERAL REQUIREMENTS

A. WHO MUST PREPARE A PLAN?

All state agencies with twenty (20) or more employees are required to prepare Affirmative Action Plans according to the standards established by the State Equal Opportunity Office. All agencies, regardless of the number of employees, must have an Equal Opportunity/Affirmative Action Policy Statement. Agency, for purposes of these standards, is defined as any State Department, Board or Commission and all units of the Board of Regents.


B. DUE DATE:

All Affirmative Action Plans must be submitted to the State Equal Opportunity Office, no later than July 15, 2005.


C. COPIES REQUIRED:

Two (2) copies of the Plan are required for review. PLANS MUST BE CLEARLY TYPED AND PAGES NUMBERED. (One copy in a binder, the other loose for duplicating purposes.) Upon acceptance, two copies of the Plan will be retained by this office.

D. PLAN REVIEW AND ACCEPTANCE:

Upon receipt of the Plan, the State Equal Opportunity Office will review it and render an approval or request for revisions. If revisions are required, they must be completed by the agency and returned to the State Equal Opportunity Office within ten (10) working days.

E. EFFECTIVE DATES:

Plans will cover the time period of July 1, 2005 through June 30, 2006.

F. PLAN REVISIONS:

A Plan may be revised during the period it is in effect in response to changes such as major agency reorganization or major budget changes. Contact the Equal Opportunity Officer/Liaison assigned to your agency to discuss procedures for making revisions.

G. Technical Assistance:

The Equal Opportunity Officer/Liaison assigned to your agency is eager and available to answer questions, furnish information and provide technical assistance needed to organize your Plan.

II. Affirmative Action Plan Components

A. COVER PAGE:

The cover page of the plan must include:

- Name of Agency
- Address of Agency
- Time Frame of the Plan
- Name, Title and Signature of Agency Head
- Accepted by: ____________________

State Equal Opportunity Office

B. AGENCY ORGANIZATION AND STRUCTURE :

An Organizational Chart is an asset to an Affirmative Action Plan. It helps outside sources understand how the agency operates and is organized. It is informative to employees for the same purpose.

A brief outline of the agency’s jurisdiction, purpose and background is another informative tool. Therefore, it is suggested that your Plan contain both an organizational chart and a brief narrative about your agency.

C. PLAN ADMINISTRATION:

1. Development or reaffirmation of the Equal Opportunity Policy in all Personnel Actions:

This statement’s provisions must be enforced by the agency head and indicate an active commitment to Equal Employment opportunity and Affirmative Action. It must be assigned by the agency head, posted and must include the following.

· State that the agency will post all vacancies, recruit, hire, train and promote persons in all job classifications without regard to race, color, sex, age, national origin, religion, handicap/disability status, veteran status, sexual orientation or gender identity or expression.

· Sexual Harassment

· State that all employment decisions will promote the principles of Equal Opportunity.

· Declare that the following areas will be administered without regard to race, color, sex, age, national origin, religion, handicap/disability status, veteran status, sexual orientation or gender identity or expression.

Hiring Work Assignments
Salary/Wages Leave
Lay-Offs Training
Promotions Appointments
Demotions Discipline

· Name and Title of person designated to coordinate the program.
· Name and Title of the Americans with Disabilities Act Coordinator/504 Coordinator.

2. APPOINTMENT OF EQUAL OPPORTUNITY ADVISORY COMMITTEE

· Names, Titles, Race & Sex of Members of the Committee
· Duties/Responsibilities
· Schedule of Meetings
· Minutes

3. DIVISION HEADS, SUPERVISORS, PERSONNEL/EMPLOYEE RELATIONS OFFICERS:

· Responsibility

4. PROGRAM COORDINATOR:

· Duties/Responsibilities

5. AMERICANS WITH DISABILITIES ACT/504 COORDINATOR:

· Duties/Responsibilities

6. DISSEMINATION OF PLAN AND POLICY:

· Internal Dissemination
· External Dissemination

7. POLICY STATEMENTS:

Three separate statements, signed by the agency head, are to be posted in conspicuous areas.

· Policy that states procedures are available to handle complaints of alleged discrimination.
· Policy on Contracts (including minority outreach)
· Policy on Service Delivery (including contact person)

D. COMPLIANCE WITH SEX DISCRIMINATION:

· Recruitment
· Job policies and practices

E. COMPLIANCE WITH GUIDELINES ON DISCRIMINATION BECAUSE OF RELIGION OR NATIONAL ORIGIN:

· Non-Discrimination
· Accommodations to religious observance and practice

F. PROGRAM EVALUATION

1. SELF-EVALUATION

To include a written program description and assessment of the previous plan progress achieved, corrective action of problem areas and barriers that inhibited or prevented accomplishment. Identify numerical goals not met by category and submit a detailed explanation as to why they were not achieved.

2. PLEASE COMPLETE THE FOLLOWING CHARTS/FORMS:

EEO/Civil Rights Complaint Profile
Training Participation Summary
Disciplinary Action
Applicant Data
Applicant Flow Data
Applicant Refusal of Positions Offered
Affirmative Action Statistical Summary

G. JOB GROUP ANALYSIS:

- Fill in the name of the EEO Job Category Group

- List all the position titles in your agency that are assigned to this job group and complete the additional information on the form.

- Repeat the process for each job group in the agency.

- All totals must correspond with previous chart totals.

- Grand Total of all categories on last page.

H. DETERMINING UNDERREPRESENTATION: (Numerical Goal Setting)

The procedure outlined in this paragraph applies specifically to the determination of under representation within the agency for affirmative action planning purposes and will lead to the establishment of affirmative action goals. Under representation, for the purpose of these guidelines, is determined by comparing the number of minorities and women within an EEO-4 job category in an agency with the number which would exist given equal representation with the distribution of the same group found in the civilian labor force, according to the latest census.

It should be noted that under-representation as defined here, does not necessarily imply the existence of discrimination. The law does not require rigid statistical balance of parity between an agency’s workforce and the civilian labor force. However, where representation of minorities or women differs substantially from the civilian labor force representation in any job category, there is a strong legal presumption that discriminatory practices may be responsible.

The State of Rhode Island’s civilian labor force which reflects those who are currently employed, available, and are able to work shall be used as the basis for all comparisons with the agency workforce. The following demonstrates the way in which under-representation is established for affirmative action purposes. For the purpose of these guidelines, the figures to be used in calculating your under-representation analysis are:

Minority: 14.5%
Female: 48.4%

1. 2 of the 50 persons in the professional job category in agency “A” are minorities.
2. 14.5% of the State’s labor force are minorities.
3. The number of minorities who would be professionals in agency”A” if there was equal representation with the labor force would be 7.

14.5 X 50
0.145 X 50 = 7.250

4. The agency, in this case, is underrepresented by 5 minority professionals.
5. All partial numerical figures that contain 0.5 or more shall be rounded upward and 0.49 or less shall be rounded downward to the nearest whole number.

An Under representation Analysis will be conducted for each category.

NUMERICAL GOAL SETTING: At this point, it has been determined if any underutilization of minorities or females exists. Now is the time to make tentative projections that are reasonable, attainable and measurable for a quantifiable workforce to eliminate possible employment discrimination.

I. IDENTIFICATION AND ANALYSIS OF PROBLEM AREAS:

In this section you must examine all personnel practices and under representation statistics. Deficiencies found in your self-audit should be identified, discussed with appropriate managers and the corrective action to be taken clearly detailed. The following area must be covered.

· Workforce Composition by Minority Group Status and Sex

· Posting of Positions

· Employment and Selection Process

· Applicant Flow

· Transfer and Promotion Practices

· Training Programs

· Technical Compliance

· Workforce Attitude

· Exit Interviews

· EEO Performance

J. AFFIRMATIVE ACTION FOR INDIVIDUALS WITH DISABILITIES, DISAABLED VETERANS AND VIETNAM ERA VETERANS:

The purpose of this section is for a the agency to meet the requirements of the Americans with Disabilities Act of 1990, Rhode Island General Law 28-5.1, Executive Order 92-2 and Vietnam Era Veterans Readjustment Act of 1974, to take affirmative action to employ and advance individuals with disabilities and veterans.


Policy Statement:

The statement must be signed by the agency head, posted and include:

· Name and Title of person responsible for implementation of the program.

· Internal and external dissemination of the policy.


Practices and Procedures:

Develop procedures and policies for the following:

· Outreach Recruitment

· Physical and Mental Qualifications

· Work Environment

· Reasonable Accommodations

A. Modifying Job-Site
B. Support Services
C. Special Equipment
D. Restructuring the Job

· Report on last year’s activities

· Report on this year’s plans


Download this information in a word document format



Post-Writing Recommendation

· Get Management Involved

· Double Check Your Calculations

· Proof-Read the Plan

· Number the Pages

· Do not send sloppy work



APPLICABILITY

Each agency listed below is referred to as a “Plan-Covered Sate Agency”. The “Plan-Covered” state agencies will develop an Affirmative Action Plan which will identify the areas of under representation of minorities, women and individuals with disabilities by job categories and include an explanation, as well as specific actions for improvement.

Administration
Attorney General
Board of Governor’s – Office of Higher Education
Board of Regents – Elementary & Secondary Education
Business Regulation
Children, Youth & Families
Coastal Resources Management Council
Community College of Rhode Island
Corrections
Davies School
Economic Development Corporation
Elderly Affairs
Environmental Management
Executive
Governor’s Office, E-911, State Police,
Executive Military Staff, Emergency Management Agency
Health
Higher Education Assistance Authority
Human Services
Judicial
Labor & Training
Lottery Commission
Mental Health, Retardation and Hospitals
Narragansett Bay Commission
Public Defender
Public Utilities Commission
Rhode Island Airport Corporation
Rhode Island College
Rhode Island Housing & Mortgage Finance Corporation
Rhode Island Resource Recovery Corporation
Rhode Island Public Transit Authority
Secretary of State of Rhode Island
Transportation
Treasury
Turnpike & Bridge Authority
University of Rhode Island


State Agencies with less than twenty (20) full-time employees shall certify, in a written Policy Statement to the State Equal Opportunity Office, that they are in compliance with and committed to the policies and practices of Equal Opportunity and Affirmative Action. In addition, the statistical report entitled, “Affirmative Action Progress” is to be completed and submitted along with the policy statement. The State Equal Opportunity Office will maintain copies of all such policy statements and reports.

Board of Elections
Board of Engineers
Child Advocate
Mental Health Advocate
Personnel Appeal Board
Rhode Island Clean Water Protection
Rhode Island Commission for Human Rights
Rhode Island Ethics Commission
Rhode Island public Building Authority
Water Resources Board

All state agencies that have written Affirmative Action Plans, as a result of compliance with Federal Legislation, will submit their Plans for review before such Plans are undertaken by Federal Agencies. The State Equal Opportunity Office will be present during all such reviews.

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Affirmative Action/Equal Opportunity
History/Timelines

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Website last updated September 2005
2005 Website by Jason Tigano and Nathalie Nascimento Site Map Download Forms Links