In further pursuit of the State of Alaska’s commitment to human rights as expressed in the State Constitution and Alaska Statute 16.80.200, as amended, I, Jay S. Hammond, Governor of the State of Alaska, under the authority granted by Article III of the Alaska Constitution and by Alaska Statute 44.17.060, order the following as the equal employment opportunity policy of the executive branch of the State of Alaska:
1. Statement of policy; General Requirements
1.1 The policy of the executive branch of the State of Alaska is equal opportunity and nondiscrimination in all of its employment decisions, programs, and activities. The state shall take affirmative steps to implement this policy in the internal affairs of state government, as well as its relations with the public.
1.2 All departments or appointing authorities shall have affirmative action programs and written plans to conform with this order. All affirmative action programs and plans shall be reviewed by the Department of Administration, Division of Equal Employment opportunity, established in part 2 of this order.
1.3 Affirmative action requires that steps be taken in all departments to eliminate discriminatory barriers to employment on the grounds of race, religion, color, national origin, age, sex, handicap, marital status, changes in marital status, pregnancy or parenthood, when the reasonable demands of the position do not require a distinction. It also requires positive, aggressive measures to ensure that all terms and conditions of employment including, but not limited to, the areas of recruitment, hiring, assignments, evaluation, promotion or transfer, layoff, termination, training, compensation, and treatment are not arbitrarily discriminatory on the grounds listed.
2. Responsibilities
2.1 The Commissioner of the Department of Administration is responsible for the Equal Employment Opportunity Program. Specific responsibility and authority for administering and implementing the state’s Equal Employment Opportunity Program is assigned to the Division of Equal Employment Opportunity, established within the Department of Administration.
2.2 The Director of the State Division of Equal Employment Opportunity shall administer the Equal Employment Opportunity Program for employment within the executive branch, and shall carry out the state’s policy on nondiscrimination, equal employment opportunity, and affirmative action in employment within the executive branch. The Director shall:
- develop and implement guidelines, standards, and procedures governing the preparation, timely submission, and review of affirmative action plans by all departments within the executive branch;
- give final approval or disapproval of all affirmative action plans submitted by each department;
- conduct an ongoing review of affirmative action plans and their implementation to assure that programs are in compliance with this administrative order;
- Establish a uniform complaint procedure which is to be included in all affirmative action plans and available to all persons subject to this administrative order, including applicants as well as employees. This procedure must be used to investigate, determine, and resolve issues covered by this Administrative Order or related to affirmative action plans. This procedure is a means by which persons may bring issues covered by this order to the attention of responsible officials for the purpose of investigation, determination, and resolution. However, a failure to comply with this procedure does not deny a person any right he would not otherwise have under the United States and Alaska Constitutions and statutes.
- Maintain contact with state agencies, employees, or applicants and any state or federal enforcement agency in connection with all issues covered by this administrative order.
- Cooperate with the director of the Division of Personnel to ensure that the state personnel
system is operated in ways which provide assistance to appointing authorities in meeting affirmative action goals and that all personnel system policies, practices, and regulations comply with this administrative order. - Monitor employment practices and policies and take necessary measures to ensure that all conditions of employment, including but not limited to, the areas of recruitment, hiring, assignment, evaluation, promotion, demotion, transfer, layoff, termination, training, compensation and treatment are not arbitrarily discriminatory on the grounds listed in sections 1.3 of this order.
- Review all employee collective bargaining agreements
on a continuing basis to ensure compliance with this administrative order and advise the director of the Division of Labor Relations on EEO matters as they pertain to contract negotiations and management. - Provide training to management, supervisors, and employees to strengthen knowledge and understanding of state and federal anti-discrimination laws and subjects covered under this administrative order.
- Prepare the overall state affirmative action plan which is to consist of this administrative order, the annual plan, and the annual report. The state affirmative action plan must be submitted to the commissioner of administration, the governor, and the legislature no later than January 31 of each year.
2.3 The commissioner of each department or the authority in agencies of the executive branch that are not in departments shall:
- Have an affirmative action plan setting forth goals and timetables, identifying problem areas, outlining remedies, and specifying reasonable measures to eliminate the effects of any past or present discriminatory practices and terms, conditions, and privileges of employment.
- Select an official of the department at the level of director or above who is to be designated the department equal employment opportunity representative. The department equal employment opportunity representative shall supervise development and implementation of the department’s affirmative action plan and program.
This administrative order takes effect immediately.
DATED , 1980, at Juneau, Alaska.
S/S Jay S. Hammond
Jay S. Hammond
Governor of Alaska
