(a) On a statewide basis, staff representative of the racial and
ethnic characteristics in the work force shall be distributed in
substantially the same proportion among (1) all ``job groups'' (as that
term is defined by the Office of Federal Contract Compliance Programs),
and (2) all offices in the plan(s).
(b)(1) As part of the PBP, each State agency shall develop and
submit to the Regional Administrator affirmative action plans for all
significant local offices within its jurisdiction (which, for the
purposes of this provision, means those local offices representing the
top 20 per cent of MSFW activity nationally). These affirmative action
plans shall include goals and timetables and shall ensure that
sufficient numbers of qualified, permanent minority staff are hired.
Where qualified minority applicants are not available to be hired as
permanent staff, qualified minority part-time, provisional, or temporary
staff shall be hired in accordance with State merit system procedures,
where applicable. These affirmative action plans shall be prepared on an
individual office basis.
(2) The affirmative action plans shall include an analysis of the
racial and ethnic characteristics of the work force in the local office
service area. To determine the ``work force'' for the purpose of this
paragraph, the State agency shall include the racial and ethnic
characteristics of any MSFW population which is not a part of the
permanent work force by computing an estimate of the total work years
MSFWs collectively spend in the area and including a number of workers
equivalent to this estimate as part of the permanent work force. This
computation shall be made by calculating the average length of time, as
a fractional part of a year, MSFWs stay in the area and then multiplying
this figure by the total estimated MSFW population in the area during
the previous year.
(3) The affirmative action plan also shall include an analysis of
the local office staffing characteristics. The plan shall provide a
comparison between the characteristics of the staff and the work force
and determine if the composition of the local office staff(s) is
representative of the racial and ethnic characteristics of the work
force in the local office service area(s).
(4) If the staff under-represents any of these characteristics, the
State agency shall establish a staffing goal at a level equivalent to
the percentage of the characteristics in the work force in the local
office service areas. The State agency also shall establish a reasonable
timetable for achieving the staffing goal by hiring or promoting
available, qualified staff in the under-represented categories. In
establishing timetables, the State agency shall consider the vacancies
anticipated through expansion, contraction, and turnover in the
office(s) and available funds, and all affirmative action plans shall
establish timetables that are designed to achieve the staffing goal no
later than December 31, 1983.
(c) In addition, each State agency which has significant local
offices, shall undertake special efforts to recruit MSFWs and persons
from MSFW back-grounds for its staff, shall document achievements, and
shall include in the affirmative action plan(s) a complete description
of specific actions which the agency will take and time frames within
which these actions will be taken.
(d) In developing the affirmative action plan for significant local
offices, the State agency shall solicit from CETA 303 and other
appropriate MSFW groups, employer organizations and other interested
organizations, estimates of the total MSFW population in each local
office service area, and the average length of time the MSFWs stay in
the area. In addition, State agencies shall solicit, consider,
incorporate as appropriate, respond to and include copies of comments
from CETA 303, other appropriate MSFW groups, employer organizations,
and other interested organizations, following procedures set forth for
the annual outreach plan at Sec. 653.107(d).
(e) As part of the annual Program and Budget Plan (PBP) process, the
funding of State agencies which are required to develop and implement
affirmative action plans for significant local offices shall be
contingent upon
the timely submittal of adequate affirmative action plans and the
substantial and timely attainment of the goals and timetables contained
in those plans. However, if the Regional Administrator makes a finding
of good faith efforts, he/she may fund a State agency even though it did
not achieve substantial and timely compliance.
(f) All State Employment Security Agencies (SESAs) required to
develop affirmative action plans for significant local offices shall
keep accurate records of their employment practices for those offices,
including information on all applications. These records shall be
maintained in accordance with the recordkeeping requirements concerning
affirmative action which are established by ETA and distributed to the
SESAs. All records shall be made available to the State MSFW Monitor
Advocate, EEO staff and Federal On-Site Review Teams.
(g) Affirmative action plans shall contain a description of specific
steps to be taken for the adequate recruitment of MSFWs for all vacant
positions in significant local offices and the central office. These
steps shall include advertisements in newspapers, radio or other media,
in a manner calculated to best reach the MSFW population, and contacts
by outreach workers and the State MSFW Monitor Advocate with groups
serving the MSFW population.
(h) State EEO staff shall have the responsibility for developing
affirmative action plans. The State MSFW Monitor Advocate(s) shall
comment on the plan to the State Administrator. Upon submission of the
affirmative action plan as part of the State agency's PBP submittal, the
Regional MSFW Monitor Advocate shall review the affirmative action
plan(s) as it pertains to MSFWs and comment to the Regional
Administrator. As part of his/her regular reviews of State agency
compliance, the Regional MSFW Monitor Advocate shall monitor the extent
to which the State has complied with its affirmative action plan(s) as
it pertains to MSFWs. The Regional MSFW Monitor Advocate's finding as to
the adequacy of the plan(s) and as to the State's compliance with the
plan(s) shall be considered in PBP decisions involving future funding of
the State agency.
(Approved by the Office of Management and Budget under control number
1205-0039)
(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[45 FR 39459, June 10, 1980, as amended at 47 FR 145, Jan. 5, 1982]
