Procedures for Implementing Administrative Order No. 75

State of Alaska
Procedures for Implementing Administrative Order Number 75

Contents

1. Scope of Authority
2. Limitations
3. Dissemination of Policy
4. Assignment of Responsibility
5. Administration of Administrative Order Number
6. Action Oriented Programs
7. Appendices

Appendix A – Internal Discrimination Complaint Procedure

Appendix B – External Discrimination Complaint Procedure

I. Scope of Authority

This Administrative Order covers all employees in the classified, partially exempt and exempt service of the Executive Branch of Alaska State government and all applicants for such service. The Order does not provide coverage to employees in the legislative or judicial branches of State government. The words “minorities and/or women” as used in these procedures are applicable to those persons in all classes protected from discrimination by federal and State laws.

II. Limitations

This Administrative Order does not approve unlawful discriminatory practices such as:

1. Discrimination in favor of any employees or applicants for employment on the basis of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood to the detriment of employment opportunities of any other qualified employee or applicant.
2. Lowering of job requirements or performance standards for the purpose of favoring any employee or applicant on the basis of his or her race, religion, color, national origin, age, physical handicap, sex, marital status, changes in Marital status, pregnancy or parenthood.

III. Dissemination of Policy

Administrative Order Number will be made known to all employees in the State service. Copies will be available to all new employees and posted prominently on State agency bulletin boards. The Administrative Order will be published in the State Personnel Rules, collective bargaining contracts and in all State agency employee handbooks. Semiannually the Administrative Order will be published in agency communications media where available.

The State Director of Personnel and the State Director of Equal Employment Opportunity will provide a copy of the Order to recruitment sources such as: educational institutions, local governments, community action groups, ministerial associations, minority and women’s organizations and Chamber of Commerce officials. State department commissioners will also assure compliance with this section in their respective departments.

Internal Dissemination

Action	Responsibility
1. Insure that both minorities and women are represented in group photographs and illustrations used by State Departments.	Department Commissioner Department EEO Representative Department Information Officer
2. Publicize progress in Affirmative Action through agency publications.	Department Commissioner Department EEO Representative Department Information Officer
3. Inform all employees in writing of the agency’s commitment to Equal Employment Opportunity through Affirmative Action.	Department Commissioner Department EEO Representative
4. Communicate to agency managers and supervisors the commitment of the agency to Equal Employment Opportunity through Affirmative Action.	Department Commissioner
5. Evaluate agency Affirmative Action efforts with top and middle management.	Department Commissioner
6. Develop training programs for Administrative Order Number and federal and State laws and guidelines.	Division of Equal Employment Opportunity
7. Post and inspect Administrative Order Number as well as federal and State EEO posters to insure that all employees and applicants for employment are aware of the State’s commitment to Equal Employment Opportunity through Affirmative Action.	Division of Equal Employment Opportunity Department EEO Representative Department Personnel Officer
8. Provide a discussion of Affirmative Action in all new employee orientation programs.	Department Commissioner Department Personnel Officer
9. Provide each new employee with a copy of Administrative Order Number	Department Personnel Officer

External Dissemination

Action	Responsibility
1. Advise all recruitment sources, in writing, of Administrative Order Number	Director of Personnel Department Personnel Officer
2. Inform, in writing, minority and women’s organizations of Administrative Order Number	Director of Equal Employment Opportunity
3. Insure that minorities and women employees are pictured in recruitment literature.	Director of Personnel Department Personnel Officer
4. Advise secondary schools and colleges, in writing, of Administrative Order Number	Director of Equal Employment Opportunity
5. Communicate to the public the desire to employ minorities and women.	Director of Equal Employment Opportunity

IV. Assignment of Responsibility

The ultimate responsibility for Equal Employment Opportunity rests with the Governor as Chief Executive Officer of the State. Responsibility and authority for coordinating and monitoring Administrative Order Number has been delegated to the Commissioner of Administration.

Advice concerning the legal aspects of the Administrative Order is the responsibility of the Attorney General’s Office.

V. Administration of Administrative Order Number

Division of Equal Employment Opportunity:

The Division of Equal Employment Opportunity has been established in the Department of Administration to administer the State’s equal employment opportunity program. The Division’s specific assignments include, but are not limited to, the following:

• Prepare guidelines, review, audit, and make recommendations concerning department Affirmative Action Plans and programs to insure consistency between department plans and Administrative Order Number .
• Maintain current copies of all department Affirmative Action Plans.
• Identify problem areas by agency, department, or other organizational unit and make recommendations for correction.
• Advise the Governor and the Commissioner of Administration of developments within the areas of Equal Opportunity and Affirmative Action.
• Assist State officials in carrying out their responsibilities under Administrative Order Number .
• Accept, investigate and resolve complaints of discrimination by employees or applicants for employment as prescribed in the Internal Discrimination Complaint Procedure (Appendix A).
• Serve as the State’s primary liaison with other government agencies, minority and women’s organizations, and community groups concerned with the State’s equal opportunity program.
• Develop audit and reporting systems to acquire statistical information concerning the composition of the State’s work force to evaluate compliance with Administrative Order Number .
• Prepare the State’s annual EEO-4 report and other reports concerning the composition of the State’s work force by race, sex and age.
• Maintain access to all data, records, and reports that are required for execution of the Division’s responsibilities.
• Monitor records of personnel actions such as applicant flow, referrals, hiring rate, placements, transfers, promotions, terminations, and other pertinent statistical data to insure that the
• Administrative Order is being implemented.
• Prepare an annual report to the Governor concerning the progress made and problem areas encountered in State government.
• Review and make recommendations concerning all collective bargaining contracts/agreements to insure consistency between contracts/agreements and Administrative Order Number.

Executive Branch Affirmative Action Advisory Committee:

The Executive Branch Affirmative Action Advisory Committee will be composed of the Chairs of the departments’ Affirmative Action Advisory Committees and the Director of the Division of EEO, who will serve as Secretary to the Committee. Members of this Committee will meet at least semi-annually and are responsible for:

• Reporting Affirmative Action progress of the respective departments.
• Discussing mutual AA/EEO problems and make recommendations to the Division of EEO.
• Promoting AA/EEO in the Executive Branch.

State Departments:

Every State department will have a written Affirmative Action Plan for Equal Employment Opportunity (AAP). Guidelines for the preparation of departmental AAP’s will be provided by the Division of Equal Employment Opportunity (EEO). All State departments which have written AAP’s as a result of compliance with federal legislation, regulations, or this Administrative Order, will Submit their plans for review to the Division of EEO before such plans are Submitted to federal or State compliance agencies. The Division of EEO will serve to expedite all activities concerning department compliance with Affirmative Action. Federal agencies and the Alaska State Commission for Human Rights which have responsibility for monitoring department E.E.O. compliance as a result of federal or State legislation and regulation will bring all questions of compliance prior to any official or unofficial actions thereon to the State Director of EEO, who will brief the Commissioner of Administration and the Governor of such noncompliance. Where compliance reviews are undertaken by federal agencies or the Alaska State Commission for Human Rights, the State Director of EEO will be notified, and his or her designee will be present during all such reviews.

Department Commissioners:

The Department commissioners will implement the Administrative Order within their respective agencies. This responsibility will include, but not be limited to, the following:

• Insure that the intent and spirit of the Administrative Order is carried out by all managers, supervisors and employees, and that their compliance with the Administrative Order is considered as a factor in their performance evaluation.
• Insure that the agency has a written Affirmative Action Plan setting forth goals and timetables to eliminate the effects of any past or present discriminatory practices, conditions, and privileges of employment.
• Select an official of the agency at the level of director or above who is designated as the Equal Employment Opportunity Representative and supervises development and implementation of the agency’s affirmative action plan and program.
• Initiate efforts to recruit, appoint and retain qualified minorities and women at all levels of employment.
• Establish an Affirmative Action Advisory Committee composed of agency employees.
• Appoint the Chairperson of the Affirmative Action Advisory Committee.

Affirmative Action Advisory Committee:

The Affirmative Action Advisory Committee meets at least semiannually to evaluate the department’s overall affirmative action program and performance in attainment of goals and implementation of action programs. The Committee will make known to the Commissioner its evaluations and recommendations. Other duties include:

• Assist the EEO Representative;
• Prepare and submit Affirmative Action semiannual reports to the chief executive officer and to the Division of Equal Employment Opportunity;
• Make staffing and funding recommendations for inclusion in the department budget for affirmative action programs; and,
• Counsel employees on how to file internal complaints or bring potentially discriminatory problems to the attention of management;
• Disseminate information to employees on the department’s affirmative action program; and,
• Maintain an updated knowledge of current developments in EEO and affirmative action through attendance at workshops, seminars, and conferences.

The Chair of the Affirmative Action Advisory Committee, in addition to having the same individual responsibilities as other Committee members, is responsible for:

• Convening semiannual and special meetings of the Committee;
• Establishing meeting agendas;
• Scheduling guest speakers and special presentations;
• Assuring that Committee actions or recommendations are clearly stated for the minutes;
• Conducting meetings in an orderly and effective manner; and
• Serve as a member of the Executive Branch Affirmative Action Advisory Committee.

Department Equal Employment Opportunity Representatives:

The Equal Employment Opportunity Representatives are delegated responsibility by the agency commissioners for administering the agency’s affirmative action program. Their assignments include, but are not limited to, the following:

• Supervise the development and execution of the agency’s written affirmative action plan and program.
• Consult with management, supervisors and employees to assist in the resolution of problems related to unlawful discrimination.
• Establish an internal audit and reporting system designed to
  • measure the effectiveness of the program
  • point out deficiencies and needs for remedial action
• Serve as liaison between the agency and Division of EEO, minority organizations and community action groups.
• Advise the Affirmative Action Committee members, the Commissioner, and the other agency management staff on the latest developments in the field of equal employment opportunity and affirmative action.
• Ensure that minorities, women, disabled veterans and veterans of the Vietnam Era, and handicapped employees have the opportunity to participate in all agency-sponsored educational, training, recreational and social activities.
• Supervise preparation of the agency Equal Employment Opportunity program annual budget.

VI. Action Oriented Programs

Recruitment

Action	Responsibility
1. Post and periodically inspect all posters relating to Equal Employment Opportunity.	Director of Equal Employment Opportunity Department Personnel Officer Department EEO Representative
2. Utilize minority, women, handicapped and veteran communications media to publicize State employment Opportunities.	Director of Personnel Department Personnel Officer Department Information Officer
3. Include the phrase “An Equal Opportunity Employer” in all advertise ments placed for the State of Alaska.	Director of Personnel Department Personnel Officer
4. Encourage State employees to refer minority and women applicants to State government.	Department Commissioner Director of Personnel
5. Recruit in schools and colleges including those with predominantly minority and female enrollments.	Director of Personnel Department Personnel Officer
6. Insure that recruitment advertisements, which contain photographs, include photos of minorities and women.	Director of Personnel Department Personnel Officer Department Information Officer
7. Disseminate qualification standards on Position vacancies to minority and women’s organizations.	Director of Personnel Department Personnel Officer
8. List all recruitment opportunities with the State Division of Personnel and the Division of Equal Employment Opportunity.	Department Commissioner Department Personnel Officer
9. Review all employment application forms to insure against unlawful discriminatory questions or requests for information.	Director of Personnel Director of Equal Employment Opportunity
10.Administer tests which measure abilities, aptitudes, specialized background knowledge, and/or skills required for the job. All tests must be job related and appropriately validated.	Director of Personnel Department Personnel Officer
11.Advertise positions without regard to the sex of applicants except where sex is a bona fide occupational Department Personnel Officer qualification.	State Recruitment Coordinator Division of Personnel
12.Employ the affirmative action certification process for minorities and/or women for those job classes where they are determined to be underutilized.	Department Personnel Officer Hiring Managers and Supervisors

Promotion

Action	Responsibility
1. Post promotional opportunities within each State department so that all employees will have upgrade opportunities.	Department Personnel Officer
2. Establish career development program providing for: Equal Opportunity for all employees for promotion. Fair and uniform selection standards.	Department Personnel Officer

Compensation

Action	Responsibility
1. Assure equal pay for equal work regardless of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood.	Director of Personnel Director Labor Relations
2. Conduct periodic reviews of all positions to insure that position requirements are job related.	Department Personnel Officer
3. Analyze and review positions upon department request to establish the accuracy of position allocations.	Director of Personnel
4. Insure that qualification standards for all positions are based upon the minimum required to perform necessary duties and responsibilities.	Director of Personnel
5. Request position audits from the Division of Personnel when inequities in position classification are noted.	Department Personnel Officer Department Commissioner

Supervision

Action	Responsibility
1. Provide for department orientation programs stressing equal Opportunity.	Department EEO Representative Department Personnel Officer
2. Provide counseling, exit interviews and other career information Opportunities to lessen employee turnover.	Department Commissioner Department EEO Representative
3. Assist employees and Supervisors in discrimination complaint resolution.	Director of Equal Employment Opportunity Department Commissioner
4. Provide a complaint procedure to administer employee complaints.	Director of Equal Employment Opportunity

Training

Action	Responsibility
1. Provide a system of educational leave to train employees in work related specialties at all levels of employment.	Director of Personnel
2. Establish a method of informing employees at all levels of training opportunities.	Department Commissioner Director of Personnel Director of Labor Relations Director of EEO
3. Provide on-the-job training to prepare employees to meet the full requirements of their position and provide for career growth at all levels of employment.	Department Commissioner
4. Develop training programs concerning Equal Employment Opportunity for management and employees.	Director of Equal Employment Opportunity
5. Provide an opportunity for employees to participate in training opportunities, particularly training opportunities leading to advancement.	Department Commissioner All levels of management

Benefits

Action	Responsibility
1. Assure that all benefits including but not limited to: retirement and health and life insurance are administered on an equal basis regardless of race, religion, color, or national origin, or because of age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood.	Director of Retirement and Benefits

Conditions

Action	Responsibility
1. Assure that all conditions and privileges of employment including, but not limited to, personal leave, annual leave, sick leave, hours of work, discipline and performance evaluations are administered on an equal basis regardless of race, religion, color, or national origin, or because of age, physical handicap, marital status, changes in marital status, pregnancy or parent hood.	Director of Personnel Director of Labor Relations

Appendix A

Internal Discrimination Complaint Procedure*

*All complaints will remain confidential except to the extent necessary to conduct a review of the facts.

The State Division of Equal Employment Opportunity (EFO) will accept complaints of discrimination from both State employees and applicants for State employment which are based on race, color, religion, national origin, sex, marital status, changes in marital status, pregnancy or parenthood. Any complaint which is the subject of, or may affect, pending litigation will be referred to the Attorney General for advice or disposition.

Complaints must be related to a specific allegation of discrimination. State employees will be informed of other means of resolving discrimination complaints such as enforcement agencies, appeals, the State grievance procedure, and informal conciliation with management. If a complainant decides to file with the State Division of EEO, the following procedure will be used in investigating his or her complaint. The target for resolution of complaints is 90 calendar days after receipt. Multiple complaints or complaints which are particularly complex may take longer.

1. Each complaint must be filed formally on the “Complaint of Discrimination Form” available through agency personnel offices and the State Division of EEO office. Complainants have 90 calendar days from the date of the alleged discriminatory act to file their complaint with the Division of EEO.
2. An investigator will be assigned to the complaint by the Division of EEO Complaint Administrator.
3. The Investigator will conduct an in-depth interview with the complainant.
4. A copy of the complaint will be sent to the agency involved with a request for specific information relevant to resolving the complaint.
5. The material supplied by the agency and by the complainant will be reviewed.
6. Further investigation will be conducted when necessary. This may include interviewing witnesses, confirming information and seeking additional information and/or documentation.
7. Where there are conflicts of opinion, meetings will be held with both sides and facts which are in dispute reviewed.
8. When the investigation is completed, a Preliminary Summary of Facts will be submitted to the Complaint Administrator. This summary includes background, facts, conclusions, and the preliminary recommendations of the investigator. The file will be submitted to the Complaint Administrator to accompany the Preliminary Summary of Facts.
9. The Complaint Administrator and the Investigator will review the case, and the Complaint Administrator will make his or her final decision on the merits of the complaint.
10. Where no discrimination is found, the complainant is informed, in detail, as to the Complaint Administrator’s findings. In cases where the issues are particularly complex, the complainant will be given the opportunity to discuss the findings, and to provide additional information.
11. Where there is an indication of discrimination, the Complaint Administrator will discuss the findings and recommendations with the agency head (or designee). A letter outlining the Complaint Administrator’s findings and legal assessment will be sent to the agency. If the agency head accepts the Complaint Administrator’s conclusions and implements the recommendations, the complainant is informed of the recommendations and the facts which led to those recommendations. In cases where the agency head rejects the Complaint Administrator’s conclusions and recommendations, a detailed memorandum outlining the facts and stating the grounds of rejection will be sent to the Complaint Review Committee. Their decision will be the final step of this internal complaint procedure. The complainant will be informed in writing of referral to the Complaint Review Committee.

The Complaint Review Committee will be appointed by the Commissioner of Administration for a term of one year. The Committee will be representative of occupational levels such as administrative, professional, technical and clerical, and will total at least five, and not more than seven, employees.

Appendix B

External Discrimination Complaint Procedure*

The Equal Employment Opportunity Division, Department of Administration is the central contact between State Executive agencies and State or federal antidiscrimination law enforcement and compliance agencies, e.g., Alaska State Commission for Human Rights, Equal Employment Opportunity Commission (EEOC), and the Office of Federal Contract Compliance Programs (OFCCP).

These compliance agencies have been instructed to serve all charges of discrimination against any agency of the Executive Branch on the Division of Equal Employment Opportunity either in person or by certified mail with a copy to the respondent agency at the Commissioner level. Likewise, all investigations, on-site reviews, settlement efforts, requests for essential information, notice of resolution conference, determinations, settlement agreements, complaint amendments, public hearings, etc., will be coordinated through the Division of Equal Employment Opportunity.

Federal and State antidiscrimination law enforcement agencies or compliance agencies are not, under any circumstances, to contact Executive agencies directly. Further, all contacts with compliance agencies by agencies of the Executive Branch must be made through the Division of Equal Employment Opportunity.

The Complaint Administrator, Division of Equal Employment Opportunity, coordinates all activity between respondent agencies and the Alaska State Commission for Human Rights with the exception of those charges that do not involve employment situations. In such cases, the Alaska State Commission for Human Rights will follow procedures as outlined above to maintain consistency, however, the respondent agency will act on these complaints without assistance from the Division of Equal Employment Opportunity.

The Complaint Administrator will determine the merits of the case, advise the respondent department on actions to be taken, participate in resolution conferences, conciliation conference and public hearings with enforcement agencies.

When a charge of discrimination has been filed or a civil action brought against a State agency, all records relevant to the charge or action should be preserved until final disposition thereof.

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