WSR 04-13-186

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:37 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: New sections WAC 357-25-005 What is the purpose of this chapter?, 357-25-010 What is the function of the Governor's Affirmative Action Policy Committee?, 357-25-015 Who administers the statewide affirmative action program?, 357-25-020 What are the administrative responsibilities of the department?, 357-25-025 What are the policy statement requirements that employers must comply with for the purpose of chapter 357-25 WAC?, 357-25-030 What are the affirmative action reporting requirements that employers must comply with for purposes of chapter 357-25 WAC?, 357-25-035 What is the purpose of affirmative action plans and updates?, 357-25-040 What must an employer include in an affirmative action plan and update?, 357-25-045 When must employers establish affirmative action goals?, 357-25-050 How does an employer determine the affirmative action goal for an affected group?, and 357-25-055 What affirmative action tools may employers use to increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in applicant pools and certified pools?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

Date of Intended Adoption: July 29, 2004.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules provide state employers guidance on affirmative action regarding the development and implementation of affirmative action goals and timetables, and the monitoring of progress toward those goals and timetables.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding affirmative action. The proposed rules implement this provision of the Personnel System Reform Act.

Name of Proponent: Department of Personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

A cost-benefit analysis is not required under RCW 34.05.328.

June 23, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-25-005   What is the purpose of this chapter?   The purpose of chapter 357-25 WAC is to provide guidance to employers on affirmative action regarding the development and implementation of affirmative action goals and the monitoring of progress toward those goals.

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NEW SECTION
WAC 357-25-010   What is the function of the Governor's Affirmative Action Policy Committee?   The Governor's Affirmative Action Policy Committee oversees the development and approval of affirmative action plans and updates. The committee is established by the governor's executive order on affirmative action.

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NEW SECTION
WAC 357-25-015   Who administers the statewide affirmative action program?   The department is responsible for administering the statewide affirmative action program. The department provides technical assistance to employers in the development and implementation of affirmative action plans, updates, and programs.

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NEW SECTION
WAC 357-25-020   What are the administrative responsibilities of the department?   In accordance with state and federal laws, the department:

(1) Establishes guidelines to assist in developing and implementing affirmative action plans;

(2) Provides the essential data for determining availability of affected groups;

(3) Reviews and approves the technical aspect of affirmative action plans and updates;

(4) Assists in recruiting affected group members, including targeted recruitment when the representation of affected group members is less than its availability;

(5) Reviews the progress of employers in meeting goals and addressing problems identified in affirmative action plans and programs; and

(6) Reviews statewide employment trends for general government such as appointment, promotion, transfer, terminations, and formal disciplinary actions for adverse impact, as necessary.

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NEW SECTION
WAC 357-25-025   What are the policy statement requirements that employers must comply with for the purpose of chapter 357-25 WAC?   (1) All employers must maintain:

(a) An affirmative action and equal employment opportunity policy statement; and

(b) Policy statements on sexual harassment and reasonable accommodation.

(2) The employer's affirmative action and equal opportunity policy statement must be updated and approved by the head of the agency, institution, or related higher education board each year. The policy statements on sexual harassment and reasonable accommodation must be updated as needed.

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NEW SECTION
WAC 357-25-030   What are the affirmative action reporting requirements that employers must comply with for purposes of chapter 357-25 WAC?   Employers must report affirmative action information to the department as follows:

(1) If an employer has federal affirmative action reporting obligations, the employer must submit an affirmative action plan on a two-year cycle as set by the department.

(2) If the employer does not have federal affirmative action reporting obligations, the reporting requirements depend upon the employer's size.

(c) Employers with 25 - 49 full-time equivalent (FTE) employees must submit a small agency/institution workforce profile annually.

(d) Employers with 50 or more FTE employees must submit an affirmative action plan on a four-year cycle as set by the department, with an update to the affirmative action plan two years into the cycle.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-25-035   What is the purpose of affirmative action plans and updates?   Affirmative action plans and updates are designed to increase the representation of affected group members in the workforce when it is determined that a particular affected group is underutilized.

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NEW SECTION
WAC 357-25-040   What must an employer include in an affirmative action plan and update?   An employer's affirmative action plan and update must address the employer's recruitment, appointment, promotion, transfer, training and career development practices. It must include all of the following components:

(1) A workforce profile reflecting total employees and total employees sorted by affected group status. The affirmative action update must also show a comparison between the current workforce profile and the previous submission.

(2) A utilization and goals report by job group, for each affected group, showing where goals have been set. The affirmative action update must reflect a goals analysis report indicating where goals have been met for the reporting period.

(3) A section containing a detailed narrative of the strategies to be employed to reach goals. The affirmative action update must also reflect the strategies employed during the reporting period.

(4) A response to the governor's affirmative action policy committee recommendations from the previous plan or update.

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NEW SECTION
WAC 357-25-045   When must employers establish affirmative action goals?   Employers must establish affirmative action goals for hiring and/or promoting members of affected groups when underutilization exists within a job group. Underutilization exists when the utilization percent is less than the availability percent for a particular affected group within a job group.

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NEW SECTION
WAC 357-25-050   How does an employer determine the affirmative action goal for an affected group?   The affirmative action goal for an affected group is equal to the affected group's availability.

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NEW SECTION
WAC 357-25-055   What affirmative action tools may employers use to increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in applicant pools and certified pools?   To increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in applicant pools, employers may at any time recruit and screen these individuals for placement in eligible applicant pools in accordance with WAC 357-16-030.

To increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in certified pools, the employer may supplementary certify these individuals in accordance with WAC 357-16-200.

These affirmative action tools must only be used when a goal exists for the specific affected group.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office