Back to Administrative Order 075

I.    Scope of Authority ...............................  1  
II.   Limitations ......................................  1  
III.  Dissemination of Policy ..........................  2  
IV.   Assignment of Responsibility .....................  4  
V.    Administration of Administrative Order Number ....  5  
VI.   Action Oriented Programs.......................... 11  
VII.  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.

               ACTION                           RESPONSIBILITY

1. Insure that both minorities and        DEPARTMENT COMMISSIONER
   women are represented in group         Department FF0 Representative
   photographs and illustrations          Department  Information Officer
   used by State Departments.

2. Publicize progress in Affirmative      DEPARTMENT COMMISSIONER
   Action through agency publications.    Department FF0 Representative
                                          Department Information Officer

3. Inform all employees in writing of     DEPARTMENT COMMISSIONER
   the agency's commitment to Equal       Department EEO Representative
   Employment Opportunity through
   Affirmative Action.

4. Communicate to agency managers and     DEPARTMENT COMMISSIONER
   supervisors the commitment of the
   agency to Equal Employment Oppor-
   tunity through Affirmative Action.

5. Evaluate agency Affirmative Action     DEPARTMENT COMMISSIONER
   efforts with top and middle manage-
   ment.

6. Develop training programs for Admin-   DIVISION OF EQUAL EMPLOYMENT
   istrative Order Number and fed-        OPPORTUNITY
   eral and State laws and guidelines.

7. Post and inspect Administrative        DIVISION OF EQUAL EMPLOYMENT
   Order Number as well as federal        OPPORTUNITY
   and State EEO posters to insure that   Department EEO Representative
   all employees and applicants for       Department Personnel Officer
   employment are aware of the State's
   commitment to Equal Employment
   Opportunity through Affirmative
   Action.

8. Provide a discussion of Affirmative    DEPARTMENT COMMISSIONER
   Action in all new employee orienta-    Department Personnel Officer
   tion programs.

9. Provide each new employee with a       DEPARTMENT PERSONNEL OFFICER
   copy of Administrative Order
   Number

1. Advise all recruitment sources,        DIRECTOR OF PERSONNEL
   in writing, of Administrative          Department Personnel Officer
   Order Number

2. Inform, in writing, minority and       DIRECTOR OF EQUAL EMPLOYMENT
   women's organizations of Admini-       OPPORTUNITY
   strative Order Number

3. Insure that minorities and women       DIRECTOR OF PERSONNEL
   employees are pictured in recruit-     Department Personnel Officer
   ment literature.

4. Advise secondary schools and           DIRECTOR OF EQUAL EMPLOYMENT
   colleges, in writing, of Admini-       OPPORTUNITY
   strative Order Number

5. Communicate to the public the          DIRECTOR OF EQUAL EMPLOYMENT
   desire to employ minorities and        OPPORTUNITY
   women.

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

               ACTION                           RESPONSIBILITY

1. Post and periodically inspect all   DIRECTOR OF EQUAL EMPLOYMENT
   posters relating to Equal Employment   OPPORTUNITY
   Opportunity.                           Department Personnel Officer
                                          EEO Representative
2. Utilize minority, women, handicapped   DIRECTOR OF PERSONNEL
   and veteran communications media to    Department Personnel Officer
   publicize State employment Opportun-   Information Officer
   ities.

3. Include the phrase "An Equal Oppor-    DIRECTOR OF PERSONNEL
   tunity Employer" in all advertise-     Department Personnel Officer
   ments placed for the State of
   Alaska.
4. Encourage State employees to refer     DEPARTMENT COMMISSIONER
   minority and women applicants to       Director of Personnel
   State government.
5. Recruit in schools and colleges        DIRECTOR OF PERSONNEL
   including those with predominantly     Department Personnel Officer
   minority and female enrollments.
6. Insure that recruitment advertise-     DIRECTOR OF PERSONNEL
   ments, which contain photographs,      Department Personnel Officer
   include photos of minorities and       Information Officer
   women.
7. Disseminate qualification standards    DIRECTOR OF PERSONNEL
   on Position vacancies to minority      Department Personnel Officer
   and women's organizations.
8. List all recruitment opportunities     DEPARTMENT CO~~ISSIONER
   with the State Division of Personnel   Department Personnel Officer
   and the Division of Equal Employment
   Opportunity.

9. Review all employment application      DIRECTOR OF PERSONNEL
   forms to insure against unlawful       Director of Equal Employment
   discriminatory questions or requests   Opportunity
   for information.

10.Administer tests which measure         DIRECTOR OF PERSONNEL
   abilities, aptitudes, specialized      Department Personnel Officer
   background knowledge, and/or skills
   required for the job. All tests
   must be job related and appropriately
   validated.

11.Advertise positions without regard   STATE RECRUITMENT COORDINATOR,
   to the sex of applicants except        DIVISION OF PERSONNEL
   where sex is a bona fide occupational  Department Personnel Officer
   qualification.

12.Employ the affirmative action certi-   DEPARTMENT PERSONNEL OFFICER
   fication process for minorities and/   Hiring Managers and Supervisors
   or women for those job classes where
   they are determined to be under-
   utilized.

1. Post promotional opportunities within  DEPARTMENT PERSONNEL OFFICER
   each State department so that all
   employees will have upgrade opportun-
   ities.

2. Establish career development program   DEPARTMENT PERSONNEL  OFFICER
   providing for:

a. Equal Opportunity for all employees for promotion.

b. Fair and uniform selection standards.

1. Assure equal pay for equal work        DIRECTOR OF PERSONNEL
   regardless of race, religion,          Director Labor Relations
   color, national origin, age,
   physical handicap, sex, marital
   status, changes in marital status,
   pregnancy or parenthood.

2. Conduct periodic reviews of all        DEPARTMENT PERSONNEL OFFICER
   positions to insure that position
   requirements are job related.

3. Analyze and review positions upon      DIRECTOR OF PERSONNEL
   department request to establish
   the accuracy of position alloca-
   tions.

4. Insure that qualification standards    DIRECTOR OF PERSONNEL
   for all positions are based upon
   the minimum required to perform
   necessary duties and responsibilit
   ies.

5. Request position audits from the       DEPARTMENT PERSONNEL OFFICER
   Division of Personnel when inequit-    Department Commissioner
   ies in position classification are
   noted.

1. Provide for department orienta-        DEPARTMENT EEO REPRESENTATIVE
   tion programs stressing equal          Department Personnel Officer
   Opportunity.

2. Provide counseling, exit inter-        DEPARTMENT COMMISSIONER
   views and other career informa-        Department EEO Representative
   tion Opportunities to lessen
   employee turnover.

3. Assist employees and Supervisors       DIRECTOR OF EQUAL EMPLOYMENT
   in discrimination complaint            OPPORTUNITY
   resolution.                            Department Commissioner

4. Provide a complaint procedure to       DIRECTOR OF EQUAL EMPLOYMENT
   administer employee complaints.        OPPORTUNITY

1. Provide a system of educational        DIRECTOR OF PERSONNEL
   leave to train employees in work
   related specialties at all levels
   of employment.

2. Establish a method of informing        DEPARTMENT COMMISSIORER
   employees at all levels of train-      Director of Personnel
   ing opportunities.                     Director of Labor Relations
   Director of EEO

3. Provide on-the-job training to pre-    DEPARTMENT COMMISSIONER
   pare employees to meet the full
   requirements of their position and
   provide for career growth at all
   levels of employment.

4. Develop training programs concern-     DIRECTOR OF EQUAL EMPLOYMENT
   ing Equal Employment Opportunity       OPPORTUNITY
   for management and employees.

5. Provide an opportunity for employees   DEPARTMENT COMMISSIONER
   to participate in training opportun-   All levels of management
   ities, particularly training
   opportunities leading to advancement.

1. Assure that all benefits including    DIRECTOR OF RETIREMENT & BENEFITS
   but not limited to: retirement and
   health and life insurance are admin-
   istered 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.

1. Assure that all conditions and priv-   DIRECTOR OF PERSONNEL
   ileges of employment including, but    Director of Labor Relations
   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 handi-
   cap, marital status, changes in
   marital status, pregnancy or parent
   hood.

*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.

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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