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Betty Dickneite, Director Boone County Human Resources |
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601 E. Walnut, Rm 211 Johnson Building 2nd Floor Columbia, MO 65201-0000 |
Office (573) 886-4395 Fax (573) 886-4444 |
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BOONE
COUNTY GOVERNMENT 2007 AFFIRMATIVE
ACTION PLAN |
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41 CFR PART |
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AFFIRMATIVE ACTION PLAN METHODOLOGY
This
voluntary affirmative action plan is developed pursuant to 29 CFR Part 1608.4
-Establishing Affirmative Action Plans Appropriate under Title VII of the Civil
Rights Act of 1964, as amended.
Reasonable
Self-Analysis.
The employer may utilize techniques used in order to
comply with Executive Order No. 11246, as amended, and its implementing
regulations, including 41 CFR Part 60-2 (known as Revised Order 4), or related
orders issued by the Office of Federal Contract Compliance Programs or its
authorized agencies, or may use an analysis similar to that required under
other Federal, state, or local laws or regulations prohibiting employment
discrimination. In conducting the
self-analysis, the employer, labor organization, or other person subject to
Title VII should be concerned with the effect of its employment practices on
circumstances which may be the result of discrimination by other persons or
institutions. See Griggs v. Duke Power
Co., 401 U.S. 424 (1971).
This
Affirmative Action Plan has been prepared to document Boone County Governments
Affirmative Action and Equal Employment Opportunity efforts. The plan follows
the methodology described in 41 CFR Part 60-Affirmative Action Programs. Citations to the applicable sections of 41
CFR Part 60 may be found in the upper left-hand corner of the first page of
each section.
Disclaimer
It
should be noted that terminology used in 41 CFR Part 60- Affirmative Action
Programs has been used throughout this document. None of the terminology used (for example
underutilization, placement goals, and so forth) should be interpreted as an
admission by Boone County Government, in whole or in part, that either
minorities or women have been or are presently being discriminated
against.
GENERAL PURPOSE OF AFFIRMATIVE ACTION
PROGRAMS
It
is Boone County Governments belief that an affirmative action program is a
management tool designed to ensure equal employment opportunity. A central premise underlying affirmative
action is that, absent discrimination, over time, the Boone County workforce
will reflect the gender, racial and ethnic profile of the labor pools from
which Boone County recruits and selects.
Boone
Countys Affirmative Action Plan contains a number of quantitative analyses
designed to evaluate the composition of the Boone County workforce and compare
it to the composition of the relevant labor pools. If women and minorities are not being employed
at a rate to be expected given their availability in the relevant labor pool, Boone
County Government will take steps to address this underutilization.
Boone
Countys affirmative action program is, thus, more than a paperwork
exercise. Rather, it is an action
oriented program that includes policies, practices, and procedures to ensure
that all qualified applicants and employees are receiving an equal opportunity
for recruitment, selection, advancement, and every other term and privilege
associated with employment.
BOONE COUNTY GOVERNMENTS COMMITMENT TO
AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT
OPPORTUNITY
Boone
County Government is committed to the principles of Equal Employment
Opportunity. In that regard, Boone
County Government will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Boone
County Government will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion,
or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training.
Boone
County Government agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
Dissemination of the Policy
Boone
County Government employs various means to disseminate its policy regarding
equal employment opportunity and affirmative action.
Internal
Dissemination:
External
Dissemination
RESPONSIBILITY FOR IMPLEMENTATION
Boone
County Government has delegated responsibility for preparing and implementing
the countys Affirmative Action Plan to the Human Resources Director. In fulfilling her responsibility, the Human
Resources Director shall:
It
is the responsibility of all management personnel to ensure equal opportunity
to all County programs and services.
Specifically, management personnel shall:
IDENTIFICATION OF AREAS NEEDING
IMPROVEMENT
In
Appendix A is a chart that shows the
job groups identified by the Utilization Analysis section as possessing
statistically significant disparities between Boone County Government workforce
and relevant labor markets. The County
shall implement the following remedial measures in order to improve
representation of women and/or minorities in its work force:
INTERNAL AUDITING AND REPORTING
The
Human Resource Director for Boone County Government has developed and
implemented an auditing system that periodically measures the effectiveness of
Boone Countys affirmative action program. This program includes:
Boone
County Governments policy of nondiscrimination because of sex extends to all
persons employed or seeking employment with the County. The following has been
implemented to enforce Boone County Government's policy of nondiscrimination
because of gender:
Recruitment
and Advertisement
Applicants
of both sexes are recruited for all jobs.
Job advertisements in the various media do not specify a preferred sex.
Job
Policies and Practices
Written
personnel policies expressly indicate that there shall be no discrimination
against employees because of gender.
Wages,
Hours, or Working Conditions
No
distinction based upon sex is made with respect to wages, benefits, hours, or
other conditions of employment.
Facilities
Appropriate
physical facilities are available to both sexes. No applicant is refused employment on the
basis that there are no restrooms or associated facilities available to
individuals gender.
Childbearing
Women
are not penalized because they require time away from work because of
childbearing. Employees of both sexes
who satisfy the guidelines of the Family and Medical Leave Act are granted time
away from work with job protection and without penalty for the birth of a
child.
Seniority
System
No
seniority system exists that considers or is based upon the gender of
employees.
Sexual
Harassment
Sexual
harassment is not condoned or tolerated by Boone County Government. Employees are absolutely prohibited from
engaging in any form of gender harassment.
Furthermore, employees are instructed in what constitutes sexual
harassment and how to report it.
POLICY ON DISCRIMINATION BECAUSE OF
RELIGION OR NATIONAL ORIGIN
Boone
County Government does not discriminate against employees or applicants for employment
because of their religion or national origin.
Boone County Government accommodates working conditions to the religious
observances and practices of all employees unless doing so interferes with the
purpose of the county.
Boone
County Government does not discriminate on the basis of race, color, religion,
sex, or national origin in making payment or reimbursing employee payment for
memberships in professional associations.
Moreover, the County does not make payment to nor reimburse employees
for payment of dues to organizations that restrict membership because of race,
color, religion, sex, or national origin.
Boone
County Government does not segregate its waiting rooms, work areas, eating
areas, restrooms, washrooms, locker rooms, dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transportation, or
housing on the basis of race, color, religion, sex or national origin. However, separate restrooms and necessary
dressing or sleeping areas are provided to assure privacy between the sexes.
AFFIRMATIVE ACTION FOR AND NONDISCRIMINATION
OF PERSONS WITH DISABILITIES
Boone
County Government does not discriminate against employees or applicants for
employment because of physical or mental disabilities. Boone County Government takes affirmative
action to employ and advance in employment qualified individuals with disabilities
at all levels of the organization. The
County Human Resources Director has been assigned responsibility to establish
and implement the countys Affirmative Action Program with respect to persons
with disabilities. The Human Resources
Director shall:
AFFIRMATIVE
ACTION FOR AND NONDISCRIMINATION OF SPECIAL DISABLED VETERANS AND VETERANS OF
THE VIETNAM ERA
Boone
County Government does not discriminate against employees or applicants for
employment because they are a special disabled veteran or veteran of the
Vietnam era. Boone County Government
takes affirmative action to employ or advance in employment qualified special
disabled veterans or veterans of the Vietnam era at all levels of the
organization. The Human Resources Director
shall:
In
the job group analysis, jobs within Boone County Government with similar
content, wage rates, and opportunities are combined to form job groups. Similarity of content refers to the duties and
responsibilities of the job titles which make up the job group. Similarity of opportunities refers to
training, transfers, promotions, pay, mobility, and other career enhancement
opportunities offered by the jobs within the job group. Job group analysis is the first step in
conducting the comparison of the representation of minorities and women in
Boone Countys workforce with the estimated availability of minorities and
women qualified to be employed.
The
following section sets forth the job groups that comprise Boone County
Governments work force. The complete
Job Group Analysis Report may be found in Appendix
B of this Affirmative Action Plan. These
job groups will be compared to the relevant labor market demographics in the
Utilization Analysis section of this plan.
A workforce
analysis is a depiction of the staffing pattern within an establishment. It is
one method contractors use to determine whether barriers to equal employment
opportunity exist in their organizations. The analysis provides an overview of the
workforce at the establishment that may assist in identifying organizational
units where women or minorities are underrepresented or concentrated.
Boone
Countys Workforce Analysis may be found in Appendix C of this affirmative action plan.
Availability
is an estimate of the number of qualified minorities or women available for
employment in a given job group, expressed as a percentage of all qualified
persons available for employment in the job group from the relevant recruiting
area. The purpose of the availability
determination is to establish a benchmark against which the demographic
composition of the contractor's incumbent workforce can be compared in order to
determine whether barriers to equal employment opportunity may exist within
particular job groups.
Boone
Countys Availability Analysis may be found in Appendix D of this Affirmative Action Plan.
Boone
County Government has compared the percentage of minorities and women in each
job group with the availability for those job groups. When the percentage of minorities or women
employed in a particular job group is less than would reasonably be expected
given their availability percentage in that particular job group, Boone County
has established a placement goal.
Placement
goals serve as objectives or targets reasonably attainable by means of applying
every good faith effort to make all aspects of the entire affirmative action
program work. Placement goals also are used to measure progress toward
achieving equal employment opportunity. Placement
goals are not rigid and inflexible quotas, which must be met, nor are they to
be considered as either a ceiling or a floor for the employment of particular
groups. Further, placement goals do not
provide Boone County with a justification to extend a preference to any
individual, select an individual, or adversely affect an individual's
employment status, on the basis of that person's race, color, religion, sex, or
national origin. In all employment
decisions, Boone County Government makes selection decisions in a
nondiscriminatory manner.
The
tests used by Boone County in determining the need for placement goals were:
The Two Standard Deviation Test: This method of
determining underutilization is based on the observation that if the employer
paid no attention at all to race or sex in placing people in jobs, there would
be some natural degree of departure from perfect parity. Under this test, underutilization is declared
when the number of females or minorities in the job group is more than two
standard deviations below the expected number.
The
80% Rule/Test: With the 80% Rule, underutilization is
declared whenever the percentage of females or minorities in the job group is
less than 80% of the final availability percentage.
The
Rule of Nine Test: This is a rule sometimes used by the OFCCP to
distinguish small job groups from large job groups. For large job groups, the OFCCP sometimes
accepts the Two Standard Deviation Test for determining underutilization. For small job groups, the Exact Binomial Test
is used. The Rule of Nine takes into
consideration each job group's size together with availability percentages to
determine how job group sizes should be analyzed (Standard Deviation or Exact
Binomial). If the result of the Rule of
Nine Test is less than 9, then the Exact Binomial Test is applied; if the
result of the test is 9 or more, then the Two Standard Deviation Test is
applied. The Rule of Nine Test uses the
following formula to calculate variance:
Variance
= T × (a/100) × (1 – (a/100)
Example:
If
T
= 50 employees in job group 601
a
= 23% availability percentage for females
Then
Variance
= 50 × (23/100) × (1 – [23 – 100])
=
50 × .23 × .77
=
8.86
Since
less than 9, use Exact Binomial Test.
Boone
Countys utilization analyses and placement goals may be found in Appendix E of this Affirmative Action
Plan.
ADVERSE
IMPACT - A selection process that results in a substantially higher percentage
of protected group members being rejected for hiring, promotion, or other
employment decisions than the percentage of non-protected persons rejected.
AFFIRMATIVE
ACTION - Result oriented policies, programs and procedures designed to prevent
discrimination and to promote employment opportunities for minorities, women,
the disabled, and veterans.
AVAILABILITY
- Availability is an estimate of the number of qualified minorities or women
available for employment in a given job group, expressed as a percentage of all
qualified persons available for employment in the job group. The purpose of the availability determination
is to establish a benchmark against which the demographic composition of the
contractor's incumbent workforce can be compared in order to determine whether
barriers to equal employment opportunity may exist within particular job
groups.
AVAILABILITY
ANALYSIS - The process that estimates how many minorities and females are
available for employment. The
percentages this analysis produces are the benchmarks against which the
employer's utilization of minorities and females is measured.
COMPONENT
- A particular job title or census occupation, or an education category (major,
degree combination) from which people are selected for a job group.
COMPONENT
WEIGHT - A number that you can assign to a component based on the number of
employees you expect to select from that component during the next year.
FACTOR
- Either of two possible pools from which Boone County Government might
reasonably be expected to draw employees for a job group. Factor 1 is the percentage of minorities or
women with requisite skills in the reasonable recruitment area. The reasonable recruitment area is defined as
the geographical area from which the contractor usually seeks or reasonably
could seek workers to fill the positions in question. Factor 2 is the
percentage of minorities or women among those promotable, transferable, and
trainable within the contractor's organization. Trainable refers to those
employees within the contractor's organization who could, with appropriate
training which the contractor is reasonably able to provide, become promotable
or transferable during the AAP year.
4/5THS
ANALYSIS - A statistical method to determine if adverse impact (see Adverse
Impact) may have occurred in selection of employees. Specifically, a selection rate for any racial
ethnic or sex group which is less than four-fifths (80%) of the rate for the
group with the highest rate. If so,
discrimination is presumed and the burden shifts to Boone County Government to
modify or eliminate the procedure which causes the adverse impact, or to justify
the differential selection rate based on reasons of business necessity.
GOALS
- An objective established to achieve a reasonable representation of an
underutilized sex or racial/ethnic minority in the workforce based on
availability in the labor market.
IMMEDIATE
LABOR AREA - The geographic area from which employees reasonably may commute to
the contractor's establishment. It may include one or more contiguous cities,
counties, Metropolitan Statistical Area (MSAs) or parts thereof.
JOB
GROUP - One or more jobs having similar content, wage rates, and opportunities.
LABOR
AREA-Geographic area used in calculating availability. The area may vary from
local to nationwide. Compare with "Immediate Labor Area."
MINORITIES
- All persons classified as Black, Hispanic, Asian or Pacific Islander, and American
Indian or Alaskan native.
PERSON
WITH A DISABILITY - Any person who has a physical or mental impairment which
substantially limits one or more of such person's major life activities; or who
has a record of such impairment; or who is regarded as having such an
impairment.
RACE/ETHNIC
CATEGORY - The five race/ethnic categories are defined as follows:
Native American/Alaskan - A person having origins in
any of the original peoples of North America, and who maintains cultural
identifications through tribal affiliation or community recognition.
Asian or Pacific Islander - A person with origins in
any of the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands. This area includes, for example, China,
Japan, Korea, the Philippine Republic and Samoa; and, on the Indian
Subcontinent, includes India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim
and Bhutan.
African-American (Black) - An individual, not of
Hispanic origin, with origins in any of the Black racial groups of Africa.
Hispanic - A person of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish culture or origin, regardless of
race. This does not include persons of Portuguese descent or persons from
Central or South America who are not of Spanish origin or culture.
Caucasian (White) - A person having origins in any of
the original peoples of Europe, North Africa or the Middle East.
RECRUITING
AREA (AKA Labor area) - The geographic area from which Boone County Government
draws its workforce.
SPECIAL
DISABLED VETERAN - A veteran who is entitled to compensation (or who but for
the receipt of military retired pay would be entitled to compensation) under
laws administered by the County of Veterans Affairs for a disability and who is
rated at 30 percent or more; or rated at 10 or 20 percent in the case of a
veteran who has been determined under 38 U.S.C. 3106 to have a serious
employment handicap; or a person who was discharged or released from active
duty because of a service-connected disability.
UNDERUTILIZATION
- Having fewer racial/ethnic minorities or women in a particular job category
than would reasonably be expected based on their availability in the labor
market.
UTILIZATION
ANALYSIS - The comparison of availability to workforce composition of
minorities and females for each job group.
The comparison can be made using a variety of rules, such as the 80%
Rule, the Any Difference Rule, and the 2 and 3 Standard Deviation Rule. The result indicates instances of
underutilization of minorities or females within a job group.
VETERAN
OF THE VIETNAM ERA - A person who served on active duty for more than 180 days,
any part of which occurred between August 5, 1964 and May 7, 1975, and was
discharged or released there-from with other than a dishonorable discharge; or
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.
APPENDIX B: JOB GROUP ANALYSIS
APPENDIX C: WORKFORCE ANALYSIS
APPENDIX D: AVAILABILITY ANALYSIS
APPENDIX E: UTILIZATION ANALYSIS
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