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Boone County Government 2007 Affirmative Action Plan

TITLE41 CFR PART
AFFIRMATIVE ACTION PLAN METHODOLOGY
GENERAL PURPOSE OF AFFIRMATIVE ACTION PROGRAMS60-2.10
COMMITMENT TO AFFIRMATIVE ACTION AND
EQUAL EMPLOYMENT OPPORTUNITY60-1.4
RESPONSIBILITY FOR IMPLEMENTATION60-2.17
IDENTIFICATION OF AREAS NEEDING IMPROVEMENT60-2.17
INTERNAL AUDITING AND REPORTING60-2.17 & 2.30
SEX DISCRIMINATION GUIDELINES60-20
POLICY ON DISCRIMINATION BECAUSE OF RELIGION
OR NATIONAL ORIGIN60-50
MEMBERSHIPS60-1.11
SEGREGATED FACILITIES60-1.8
AFFIRMATIVE ACTION FOR AND NONDISCRIMINATION
OF PERSONS WITH DISABILITIES60-741
AFFIRMATIVE ACTION FOR AND NONDISCRIMINATION
OF SPECIAL DISABLED VETERANS AND VETERANS
OF THE VIETNAM ERA60-250
JOB GROUP ANALYSIS60-2.12 & 2.13
WORKFORCE ANALYSIS60-2.11
AVAILABILITY ANALYSIS60-2.14
UTILIZATION ANALYSIS60-2.15 & 2.16
GLOSSARY OF TERMSAPPENDIX A:> PLACEMENT GOALS
APPENDIX B:> JOB GROUP ANALYSIS
APPENDIX C:> WORKFORCE ANALYSIS
APPENDIX D:> AVAILABILITY ANALYSIS
UTILIZATION ANALYSIS

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.

41 CFR 60-2.10

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.

41 CFR Part 60-1.4

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

41 CFR Part 60-2.17

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:

41 CFR Part 60-2.17

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:

41 CFR Part 60-2.17

41 CFR Part 60-2.30

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:

41 CFR Part 60-20

SEX DISCRIMINATION GUIDELINES

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.

41 CFR Part 60-50

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.

41 CFR Part 60-1.11

MEMBERSHIPS

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.

41 CFR Part 60-1.8

SEGREGATED FACILITIES

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.

41 CFR Part 60-741

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:

41 CFR Part 60-250

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:

41 CFR Part 60‑2.12

41 CFR Part 60-2.13

JOB GROUP ANALYSIS

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.

41 CFR Part 60-2.11

WORKFORCE ANALYSIS

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.

41 CFR Part 60-2.14

AVAILABILITY ANALYSIS

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.

41 CFR Part 60-2.15

41 CFR Part 60-2.16

UTILIZATION ANALYSIS

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 of this Affirmative Action Plan.

GLOSSARY OF TERMS

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 A: PLACEMENT GOALS

APPENDIX B: JOB GROUP ANALYSIS

APPENDIX C: WORKFORCE ANALYSIS

APPENDIX D: AVAILABILITY ANALYSIS

APPENDIX E: UTILIZATION ANALYSIS

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