TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520 PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.APPENDIX A CONTENTS OF AFFIRMATIVE ACTION PLANS
Section 2520.APPENDIX A Contents of Affirmative Action Plans
a) A completed Equal Employment Opportunity/Affirmative Action Certification Form;
b) An agency EEO/AA policy statement signed by the Chief Executive Officer;
c) An agency profile statement, describing the mission of the agency and its specific EEO/AA problems and needs;
d) Identification of the agency's primary EEO Officer and his/her work location and telephone number;
e) An organizational chart depicting the agency personnel at all levels responsible for implementing and monitoring the agency's affirmative action plan; and
f) A description of the methods to be used in accomplishing both internal and external dissemination of the agency's affirmative action policy and plan.
a) Workforce Transactions Report: an assessment of the agency's personnel transactions for the previous fiscal year, including, but not limited to, a breakdown of new hires, promotions, demotions, transfers and separations by affirmative action groups.
b) Workforce Analysis: an analysis, as of June 30 of the previous fiscal year, of the distribution of present employees by affirmative action group among the 8 EEO job categories in the 10 regions.
a) Availability Analysis for Women and Minorities:
1) Numerical goals must be determined when there are 10 or more employees in an EEO job category within a region where the labor market availability rate for a specific affirmative action group is greater than 2 percent. The following factors must be considered in determining availability for each affirmative action group in each of the EEO job categories in each region of the State:
A) Those having requisite skills in the region; and
B) Those promotable, trainable and transferable, as these terms are defined in Section 2520.700.
2) The availability of members of each affirmative action group is determined by using the following methodology:
A) Each factor is assigned a value weight by the agency on a scale of 0 percent to 100 percent. The value weight indicates the applicability of each factor to the agency/facility in recruiting employees for that EEO job category. The sum of all value weights must be 100 percent, representing all persons available to work in a job category.
B) Each value weight is multiplied by the percentage of the affirmative action group in each of the factors. The result is a weighted factor for each of the categories.
C) The sum of the weighted factors is the availability percentage or ratio for that affirmative action group for that category for that region. This availability percentage or ratio is applied to the total number of positions in the agency's EEO job category to determine the numerical availability of the affirmative action group in each EEO job category.
b) Goals and Timetables: Agencies shall set numerical goals equal to the underutilization of affirmative action group members resulting from the process set forth in Part III(a)(2). No such goals shall be set when the labor force availability of an affirmative action group is less than 2 percent in the DHR region in which it occurs. Program goals must be developed in conjunction with the problems identified as the result of the agency's internal and external workforce analyses. Each numerical or program goal should include a brief description of the area of concern, objectives that delineate specific intentions, action items outlining steps to be taken to achieve the objectives, the individual responsible for carrying out the action item, the target date for completion, and the procedure for monitoring the progress toward meeting the goal.
Discrimination Complaint Process: A description of the procedures established by the agency to address charges of employment discrimination. This Part should include a statement that employees will be advised of their rights to file charges of discrimination with the Department, the U.S. Equal Employment Opportunity Commission, or any other appropriate government agency.
Affirmative Action for Disabled Persons
a) Methodology for Disabled Persons:
1) Factors: A numerical goal must be determined on an agency-wide basis, considering the proportion of people with disabilities in the Illinois labor force, as reflected in the most recent data provided by the U.S. Census Bureau American Community Survey.
2) Survey: Employees working after June 1, 2012 shall be surveyed to determine the State's utilization of people with disabilities, as defined in Section 2520.700. Subsequently hired employees shall be surveyed at the time of hire.
3) Availability: Availability must be determined by using the following methodology:
A) The total number of agency employees is multiplied by the percentage of employees with disabilities in the Illinois labor force (as supplied by the Department);
B) The agency will enter the number of employees identifying themselves as having disabilities through the disability survey process;
C) The number of employees in subsection (a)(3)(B) is subtracted from the result of subsection (a)(3)(A);
D) If the result of subsection (a)(3)(C) is a positive number, the agency must adopt that number as its goal for employing persons with disabilities. If the result of subsection (a)(3)(C) is "0" or a negative number, the agency is considered to be at parity with the external labor force; and
E) If there is underutilization, a numerical goal must be developed and should include a brief description of the area of concern, objectives that delineate specific intentions, action items outlining steps to be taken to achieve the objectives, the individual responsible for carrying out the action item, the target date for completion, and the procedure for monitoring progress toward meeting the goal.
b) Recruitment Procedures: Identification of sources used to recruit applicants with disabilities when persons with disabilities are underutilized.
c) Application Process Procedures
1) A review of employment criteria to assure they have no adverse impact on disabled persons;
2) Pre-employment inquiries – a statement regarding the inadmissibility of inquiries regarding an applicant's disability during the interview process;
3) Employment testing (for agencies conducting their own tests) – a statement that the tests do not have an adverse impact on disabled applicants and that reasonable accommodation will be provided in the administration of the tests, as required;
4) The prohibition of pre-employment medical examinations before an offer of employment;
5) The prohibition of pre-employment medical examinations after an offer of employment, unless the examinations are job related and required of all applicants for that position.
d) Reasonable Accommodation
1) Agency policy committing the agency to providing reasonable accommodations to disabled employees, signed by the Chief Executive Officer of the agency.
2) A description of the procedure to determine reasonable accommodation.
e) Physical Accessibility for Employment:
1) Of personnel offices;
2) Of the worksite;
3) For evacuation of disabled persons in emergency situations.
Applicable EEO Laws: This Part should set forth the relevant text of any federal law that mandates the agency to adhere to additional EEO/AA requirements.
This Part should have an appendix to the affirmative action plan that contains all supporting data, including the Hiring and Promotion Monitors and the exit questionnaire.
(Source: Amended at 39 Ill. Reg. 5601, effective April 6, 2015)