Equal Employment Opportunity and Affirmative Action guidelines.
Advise Minnesota Merit System County/multi-county human services agencies of equal employment opportunity and affirmative action guidelines and request documents of updated or renewed equal employment opportunity and affirmative action plans.
Minnesota Merit System phone: 651-431-3030 or email: dhs.merit.system@state.mn.us.
Zecharias Hailu, Director, Equal Opportunity and Access Division
The terminology used to describe people we serve has changed over time. The Minnesota Department of Human Services (DHS) supports the use of the "People First" language.
The Minnesota Merit System’s (MMS) Affirmative Action and Equal Employment Opportunity Policies are administered by the Minnesota Department of Human Services (DHS) Equal Opportunity and Access division (EOAD).
The purpose of these Guidelines is to establish minimum affirmative action and equal employment opportunity standards and provide a consistent framework with regard to equal employment opportunity and affirmative action in MMS county/multi-county human services agencies. The Guidelines continue to request each MMS county/multi-county human services agency to adopt, revise, and/or develop equal opportunity and affirmative action guidelines to ensure equal employment opportunity and affirmative action in MMS county/multi-county human services agency workforces.
1. Policy
It is the policy of the MMS that county/multi-county human services agencies conduct all employment practices without regard to race, color, political affiliation, creed, religion, national origin, disability, age, marital status, status with regard to public assistance, sex, membership or activity in a local commission, or sexual orientation. Equal employment opportunity under this policy includes, but is not limited to the following: recruitment, examination, appointment, tenure, compensation, classifications, promotion, or other activities in accordance with applicable federal, state, and local laws and regulations.
A program of affirmative action will be maintained to eliminate barriers to equal employment opportunity and to encourage the employment and advancement of qualified females, minorities and individuals with disabilities when these groups are underrepresented in a county/multi-county human service agency’s workforces in any job category.
2. Responsibilities
MMS county/multi-county human services agency directors have overall responsibility for implementing the MMS equal employment opportunity and affirmative action guidelines throughout that agency, including establishing specific internal procedures that minimally meet the standards provided by the MMS guidelines.
3. Role of DHS
The DHS (EOAD) provides consultation, technical assistance, recruitment, training, and goal-setting review and monitoring of MMS human service agencies to ensure affirmative action and equal employment opportunity in these agencies.
All MMS county/multi-county human services agencies and its employees must comply with equal employment opportunity and affirmative action guidelines. Any Minnesota county/multi-county may choose to create a county/multi-countywide affirmative action plan and have it approved by the Minnesota Department of Human Rights, which will issue a certificate of compliance for approved plans. Alternatively, a county/multi-county may choose to adopt the MMS equal employment opportunity and affirmative action guidelines in this bulletin for its human services agency.
Minnesota Rules, part 9575.0090, subpart 2a, require that each MMS human services agency have an affirmative action plan, which must contain the following:
Minnesota state law does not require that Minnesota counties and political subdivisions have an affirmative action plan certified by the Minnesota Department of Human Rights in order to receive any state funds or engage in contracting with the state. Nevertheless, this does not exempt MMS county/multi-county human services agencies from the requirement of the MMS rules, as indicated above.
In order to comply with Minnesota Merit System Rules, part 9575.0090, subpart 2a, your agency should choose one of the two courses of action. Your agency may:
Send this information to the attention of the Minnesota Merit System Consultant, Minnesota Department of Human Services, Equal Opportunity and Access division, MMS Consultant, Box 64997, St. Paul, MN 55164-0097.
Purpose: To establish a means for maintaining a work environment free of discriminatory treatment in MMS county/multi-county human services agencies.
Statement: MMS county/multi-county human services agencies shall provide a work environment free of any form of unlawful discriminatory treatment, including harassment.
Authority:
Purpose: To provide an internal option to employees who believes they were discriminated against because of race, color, political affiliation, creed, religion, national origin, disability, age, marital status, status with regard to public assistance, sex, membership or activity in a local commission, or sexual orientation.
Statement: While employees of MMS county/multi-county human services agencies have the right to file discrimination complaints with the Minnesota Department of Human Rights or other enforcement agencies at any time, complainants are urged to seek out internal administrative remedies first.
Anyone bringing an employment discrimination complaint shall do so without fear of reprisal, coercion, or intimidation.
Discrimination complaints and relevant investigative data and findings will all be handled in accordance with provisions of the Minnesota Data Practices Act, and the ADA, Title I.
The discrimination complaint handling process will minimally include:
Authority:
Purpose: To provide work environments free of unlawful discrimination against applicants and employees with disabilities. Together the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) extend federal civil rights protection individuals with disabilities.
Statement: MMS county/multi-county human services agencies shall provide a work environment free of any form of unlawful discrimination. This includes removing barriers to application of employment and ensuring that qualified employees with disabilities are not discriminated against.
The most significant provisions of the ADA with regard to MMS county/multi-county human services agencies are included in Title I, which prohibit employers from discriminating against qualified individuals with disabilities in matters of employment, including the application and hiring process. The provisions in Title I of the ADA are broader in scope than, but similar to, the Minnesota Human Rights Act (Minnesota Statutes, Chapter 363A), and to Section 504 of the federal Rehabilitation Act of 1973 and Volume 29 of the United States Code, section 794.
ADA regulations make clear that employers, including all state and local governments, must comply with the employment provisions of Title I. The ADA prohibits discrimination against an otherwise qualified individual with a disability with regard to the following:
Reasonable Accommodations: If a person is qualified to perform the essential functions of a job except for limitations caused by a disability, the employer must consider whether or not that person could perform those functions with reasonable accommodation.
An employer is required to accommodate a known disability of a qualified applicant or employee unless it would impose an undue hardship. Accommodations are determined by the specifics of the situation and provided on an individual basis.
Interactive Process: The action to accommodate is generally triggered by a request from an applicant or employee with a disability. However, in certain instances, an employer has an obligation to make inquiries about an individual’s need for accommodation. For example, when an employer observes that an applicant or employee has a disability that may prevent him or her from understanding the need to request an accommodation, the employer should initiate a discussion about the possible need for accommodation. If the individual with a disability cannot suggest an appropriate accommodation in such circumstances, the employer should work with the individual to identify an effective accommodation.
Undue Hardship: Deciding whether a request for a reasonable accommodation creates an undue hardship is determined on a case by case basis. If it is determined that a specific proposed or requested accommodation would impose an undue hardship on an employer, the employer is still obligated to identify another accommodation that would not impose a hardship. As long as an accommodation provides the person with the disability an equal opportunity to perform the essential function of the job, and enjoy the benefits and privileges of employment that other employees have access to, the accommodation need not be the best accommodation available, nor must it be the accommodation desired by the individual with a disability.
Threat to health and safety of others: If an employer believes that an employee or applicant with a disability would constitute a direct threat to the health or safety of self and others, and that a reasonable accommodation to the person’s disability would not eliminate the threat, the employer may determine the individual is not or is no longer qualified to perform the duties of their job. Such a determination must be based on objective facts, and must be specific to the situation and the individual, and cannot be based on speculation or the remote possibility of a threat or risk to the safety of others.
For a more detailed explanation of your obligations and responsibilities under the ADA, contact the United States Equal Employment Opportunity Commission (EEOC), or the United States Department of Justice’s Civil Rights Division. Numerous publications explaining the ADA and its requirements are available from these agencies and are online at their websites. You may also request technical assistance from the Minnesota DHS (EOAD), and from the Minnesota Department of Human Rights. Contact information for all of these agencies is included in Appendix III of these guidelines.
Authority:
Purpose: To establish a means for maintaining a work environment free of sexual harassment in MMS county/multi-county human services agencies.
Statement: MMS county/multi-county human services agencies shall provide a work environment free of any form of sexual harassment. Sexual harassment is a form of sex discrimination and is covered under the same statutes as any kind of discriminatory treatment.
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Sexual harassment can also include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. The harasser can be either a woman or a man, as can the victim. Same-sex sexual harassment is prohibited as is opposite-sex harassment.
Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment action (such as the victim being fired or demoted, or involving employee’s placement on administrative leave, deprivation of ability to take promotional exam, and loss of pay and opportunities for investigative or other job experience).
The harasser can be the victim’s supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or contractor.
Authority:
Purpose: To establish that affirmative action hiring goals are created and ensure they are considered when hiring decisions are made within job groups where a workforce disparity exists.
Statement: MMS county/multi-county human services agencies shall act affirmatively to recruit and hire a diverse workforce. When a vacancy occurs in a job group where a disparity exists, agencies shall utilize affirmative recruitment and hiring strategies to attempt to meet the workforce disparity. When fewer than three protected group candidates are on the eligible list, the MMS will use expanded certification to bring the number of eligible candidates certified to a total of three candidates from the protected group in which a disparity exits. The candidates certified shall be determined by their examination scores in accordance with MMS rules.
Authority:
MMS Affirmative Action Guidelines: Responsibilities, duties, and accountabilities.
1. Responsibilities
Equal Opportunity and Access division has oversight responsibility for and authority to monitor the MMS equal employment opportunity and affirmative action efforts in order to ensure compliance with federal and state laws and the MMS rules.
2. Duties
To monitor implementation of MMS county/multi-county human services agencies required affirmative action plans and their compliance with equal opportunity and affirmative action guidelines. To provide technical assistance, as requested, to MMS county/multi-county human services agencies in the implementation of their affirmative action plans.
3. Accountability
To the Commissioner or designee of the Minnesota DHS
1. Responsibilities
The Minnesota DHS MMS personnel have responsibility for ensuring all assessment and selection processes are job-related, and that there are no barriers or hindrances to affirmative action and equal employment opportunity in MMS county/multi-county human services agencies. They will also ensure that MMS county/multi-county human services agencies have the opportunity to act affirmatively in hiring within job categories where there are disparities.
2. Duties
3. Accountability
To the Commissioner or designee of the Minnesota DHS.
1. Responsibilities
The MMS county/multi-county human services agency director has responsibility for ensuring the overall implementation of the agency’s affirmative action and equal employment opportunity polices; and for compliance with fair employment practices; and with federal and state laws, and MMS rules.
2. Duties
3. Accountability
To the county/multi-county agency’s director.
1. Responsibilities
The MMS county/multi-county human services agency affirmative action liaison or designee has responsibility for ensuring compliance with MMS equal employment opportunity and affirmative action guidelines on a daily basis. The liaison will act in an advisory capacity to the agency director with regard to equal employment opportunities and affirmative action. The liaison will monitor the agency’s affirmative action and equal employment opportunity efforts to ensure compliance with federal and state laws and with MMS rules.
2. Duties
3. Accountability
To the county/multi-county agency’s director.
1. Responsibilities
MMS county/multi-county human services agency managers and supervisors have responsibility for ensuring compliance with the MMS equal employment opportunity and affirmative action guidelines and fair treatment of all agency employees.
2. Duties
3. Accountability
To the county/multi-county agency’s director.
1. Responsibilities
MMS county/multi-county human services agency employees at all levels shall be responsible for conducting themselves in accordance with the MMS rules and with state and federal laws by refraining from any actions which would interfere with any employee’s work performance with respect to that person’s race, creed, color, sex, national origin, age, marital status, disability, sexual orientation, reliance on public assistance, membership or activity in a local human rights commission, religion, political opinions or affiliations. Employees who believe they have been subjected to unlawful discrimination are encouraged to utilize the agency’s discrimination complaint procedure.
Each employee has the responsibility to become familiar with the MMS equal employment opportunity and affirmative action guidelines and the agencies’ policies on non-discrimination and the prevention of sexual and general harassment.
2. Accountability
To the county/multi-county agency’s director, management, and supervisors.
1. Dissemination of information
a. Internal Dissemination of Information
The ADA requires employers to post a notice stating the provisions of the ADA that apply to job applicants and employees. The notice must be posted in a place accessible to people in wheelchairs, and it must be made available in alternative formats for individuals with a vision loss or reading disabilities. This applies to MMS county/multi-county human services agencies.
In addition, MMS county/multi-county human services agencies must post on their official bulletin boards, accessible to all applicants, employees, and the public, a copy of the MMS EEO and AA guidelines, along with the agency’s most recent hiring goals, timetables proposed for meeting those goals, and the action steps to be taken to meet them.
Annually, the MMS county/multi-county human services agency’s director will transmit a letter or memo to agency staff affirming the organization’s commitment to affirmative action and equal opportunity in employment.
Additionally, the MMS county/multi-county human services agency will hold regular (at least biennial) training sessions for the purpose of ensuring that managers and supervisors understand the MMS EEO and AA guidelines and their responsibilities under the guidelines. Further, a review of these guidelines will be included in new employee orientation.
When appropriate, information about the MMS EEO and AA guidelines and the agency’s nondiscrimination and harassment-prevention policies will be included in internal publications.
b. External Dissemination of Information
MMS human services agencies must post on their official bulletin board, accessible to all applicants, employees, and the public, a copy of the MMS EEO and AA guidelines, along with the agency’s most recent hiring goals, timetables proposed for meeting those goals, and the action steps to be taken to meet them.
The phrase “An Equal Opportunity and Affirmative Action Employer” or similar will be included in all advertisements for MMS county/multi-county human services agency positions. These positions will be advertised in appropriate protected group publications, whether in print or electronically.
An assurance of non-discrimination will be included in all contracts for programs or other activities which receive any federal assistance.
A written expression of the agency’s position on equal employment and affirmative action will be included as appropriate in newspaper, magazine, and web-based advertising and/or brochures and like recruitment materials.
2. Audit and Evaluation
The MMS county/multi-county human services agency director or the appointed EEO/AA designee for that county/multi-county agency will determine annually whether or not minorities or females are underrepresented in the job categories utilized in the agency’s workforce. This will be done by comparing the availability of minority and female job candidates in the geographic recruitment area with the number of minorities and females who are actually employed in those job categories in the agency. If there is a disparity (under-representation) in any job category for either protected group, the agency is obligated to set hiring goals, determine action steps to be taken to achieve those hiring goals, and set timetables for executing the action steps.
A non-discrimination clause will be included in bargaining unit contracts and in purchasing agreements and contracts whenever possible.
In January of each year, the MMS county/multi-county human services agency director or the appointed EEO and AA designee for that county/multi-county will send to the Minnesota DHS Equal Opportunity and Access division a year-end summary of the agency’s equal employment and affirmative action activities for the previous year. The summary will include an evaluation of the effectiveness of those activities in achieving affirmative action hiring goals and in ensuring a workplace free of unlawful discrimination. The summary will include:
Agencies are required to provide equal employment opportunities to, and encouraged to actively recruit individuals with disabilities.
A. Definitions
Affirmative Action
A program of proactive efforts to remedy historical discrimination, in employment, against women, minorities, and in Minnesota state government, individuals with disabilities. This remedial program may involve recruitment efforts targeted at these specific groups when disparities in the workforce have been identified. MMS county/multi-county agencies are not required to set hiring goals for people with disabilities, but the federal Rehabilitation Act of 1973 does require MMS county/multi-county human services agencies to track employment data on disabled employees.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act, passed in 1990, gives civil rights protections to individuals with disabilities that are similar to federal protections provided to individuals on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees equal opportunity for individuals with disabilities in employment, state and local government services, public accommodations, telecommunications, and transportation. Title I of the ADA applies to employers. The ADA does not protect individuals who are currently using illegal drugs, and employers may seek reasonable assurance from employees that no illegal drug use is occurring.
Americans with Disabilities Act Amendments Act of 2008 (ADAAA)
The ADAAA became effective on January 1, 2009. It is an act to restore the intent and protections of the Americans with Disabilities Act of 1990. Under the ADAAA the definition of disability is construed broadly. Affirmative Action
A program of proactive efforts to remedy historical discrimination, in employment, against women, minorities, and in Minnesota state government, individuals with disabilities. This remedial program may involve recruitment efforts targeted at these specific groups when disparities in the workforce have been identified. MMS county/multi-county agencies are not required to set hiring goals for people with disabilities, but the federal Rehabilitation Act of 1973 does require MMS county/multi-county human services agencies to track employment data on disabled employees.
(Affirmative) Action Steps
Those steps which an agency plans to take to address workforce disparities. They could include, but are not limited to, identifying and removing barriers to employment for minorities or females; further educating hiring supervisors and managers about their obligations under affirmative action and equal opportunity law; planning events that will increase awareness of, and knowledge about, other cultural groups in your geographic region; targeting recruitment at under-represented groups, even outside the geographic region.
Creed
A system of beliefs, principles, or opinions to which an individual adheres. It might be religious, political or philosophical in nature.
Discrimination
An act or series of acts made toward another group or a perceived member of that group that, when compared with one’s behavior towards one’s own or other groups, is/are unfair. Such action may be based on prejudice or ignorance.
Discriminatory Harassment
Any form of behavior that is offensive, unwelcome, and/or creates a hostile work environment and which, for purposes of this document, is based on an individual’s race, color, political affiliation, creed, religion, national origin, disability, age, sex, marital status, status with regard to public assistance or activity in a local commission, or sexual orientation.
Harassment has occurred when: 1) submission to that conduct or communication is made a term (explicitly or implicitly) of employment; 2) submission to, or rejection of that conduct, or communication, that is used as a factor in decisions affecting an individual’s employment; or, 3) the conduct or communication has the purpose or the effect of substantially interfering with an individual’s employment or creating an intimidating, hostile, or offensive employment environment.
Disparity
The presence of fewer women, minorities, or individuals with a disability in the workforce than could reasonably be expected based on their availability for work in the geographic area where the underemployment is found.
Ethnic
Designating basic groups or divisions of human beings as distinguished by customs, a common language, a common history, a common religion, or other such characteristics. Ethnicity in general, then, may be regarded as referring to a specific type of culture, and an individuals’ ethnicity may be regarded as referring to that person’s cultural heritage.
Ethnocentrism
The attitude that one’s own ethnic group/nation/culture is superior to all others; this attitude may be expressed in hostile behavior, violence, or discrimination towards members of out-groups.
Equal Employment Opportunity/Equal Opportunity Employment
A system of employment practices wherein individuals are recruited, hired, and promoted on their own merits and, for purposes of this document, without regard to race, color, political affiliation, creed, religion, national origin, disability, age, sex, marital status, status with regard to public assistance, membership or activity in a local commission, or sexual orientation.
Gender
One’s physical sex, male or female, usually evident at birth.
General Harassment
Any behavior or combination of behaviors that is repeated by one or more employees and that is directed towards another employee or group of employees that is considered annoying, insulting, or intimidating, or which causes discomfort and/or which has a detrimental effect on the employee’s/employees’ work performance(s).
Genetic Information Nondiscrimination Act of 2008 (GINA)
This law makes it illegal to discriminate against employees or applicants on the basis of genetic information. Genetic information includes information about an individual’s genetic tests or information about the genetic tests of an individual’s family member(s), as well as information about any disease, disorder or condition of an individual’s family member(s) –i.e., and individual’s family medical history. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Hiring Goal
A numerical objective designed to remedy a workforce disparity; an employment level to strive for through the use of affirmative recruitment, hiring timetables, and other such action steps; to be achieved within a set period of time, such as a year.
Individuals with a Disability
An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; or has a record of such impairment; or is regarded as having such an impairment.
Major Life Activities
These include, but are not limited to, activities such as walking, talking, standing, sitting, hearing, seeing, performing manual tasks, caring for oneself, thinking, concentrating, other cognitive functions, relating to others, working, etc.
Minorities
This terms refers to persons in the workforce, or potential applicants, who are African American/Black, Asian, Native Hawaiian or Pacific Islander, American Indian or Native Alaskan, or of Hispanic heritage.
Parity
A condition in which protected groups are represented in the workforce in proportion to their availability in a geographic labor market.
Protected Group/Class
For purposed of affirmative action and equal employment opportunity, this term refers to individuals who are disabled, members of a minority group, or are female.
Qualified Individual with a Disability
This is a person who has a physical or mental impairment that substantially limits one or more major life activities, or who has a record of such an impairment, or who is regarded by others as having such an impairment, and who also has the requisite skill, experience, education, or other employment requirements of the position being sought and who can perform the essential functions of that job with or without a reasonable accommodation.
Race
Any of the different varieties of human beings as distinguished by physical characteristics such as form of hair, color of skin, bodily proportions, etc. one of the groups of populations constituting humanity, where differences are biological in nature – and cannot be linked with other traits such as intelligence, personality, or character – and are transmitted genetically; this term is inappropriate when applied to national, religious, geographic, linguistic or cultural groups.
Racism
The notion, lacking scientific support, that one race is superior (or inferior) to another; any program or practices of discrimination based on racial differences; the attribution of cultural or psychological values to race, with the aim of furthering the superiority of one’s own race or the inferiority of another.
Reasonable Accommodation
Any changes to the application process, work environment, or manner under which the position is customarily performed that enables a qualified individual with a disability to be considered for, to perform the essential functions of, or to enjoy equal benefits from job as similarly situated employees without disabilities.
Sex Role
Learned through socialization/enculturation, this refers to one’s understanding and embracing of how, based on one’s gender/sex, one is to act in a cultural or social group.
Sexism
The economic and or social exploitation and domination of members of one sex by the members of the other.
Sexual Identity
Acquired over time, this refers to one’s awareness and conception of oneself as male or female; as masculine or feminine; as oriented toward opposite–sex, same-sex, or both-sexes; as sexually attractive or sexually unattractive; etc.
Sexual Harassment
Any form of behavior that is offensive, unwelcome, and/or creates a hostile work environment and which is based on an individual’s sex/gender. This behavioral conduct may include jokes inappropriate language, sexual innuendos, inappropriate pictures, sexual gestures, and physical touch that is offensive or unwelcome.
Substantially limited
Means a person is restricted in the conditions, manner, or duration of performing a major life activity in comparison to most people in the general population.
Timetable
Refers to the period of time within which affirmative action steps are to be taken and set hiring goals are to be achieved.
Under Representation
The condition in which fewer protected group members are found in the workplace in a particular job category than would be expected from the availability of qualified protected group members in the labor market.
Undue Hardship
An accommodation action that would require significant difficultly or expense to implement when factors such as the nature and costs of the accommodation are considered in relation to the size, nature, structure, and resources (both financial and personnel.
The United States Equal Employment Opportunity Commission (EEOC) revised race and ethnicity categories for the purposes of reporting employment statistics. Definitions are as follow:
Categories 1 - 4 are regarded as racial categories by the federal government, while categories 5 and 6 are regarded as an ethnic category. (Office of Management and Budget, Federal Register, October 30, 1997)
This information is available in accessible formats for people with disabilities by calling 651-431-3040 (voice) or by using your preferred relay service. For other information on disability rights and protections, contact the agency’s ADA coordinator.
