Fla. Admin. Code Ann. R. 60L-40.002 - Equal Employment Opportunity and Affirmative Action

(1) The Department shall assist agencies in ensuring equal employment opportunity (EEO) through affirmative action.

(2) Each agency's affirmative action plan shall include the following provisions related to women, minorities and individuals who have a disability:

(a) A cover page that provides the agency name and address; name, title and phone number of person completing the plan; name, title, phone number and signature of the agency head and AA/EEO Officer; the source of data cited in the plan, and plan year.

(b) A table of contents that lists the major sections of the affirmative action plan and reflects the starting page number for each section.

(c) An organizational profile that displays the agency's organizational structure, identifying each major organizational unit. The agency shall provide demographic information for all supervisors and employees within each unit and shall provide a total employee count; a count by gender; a count by race or ethnicity; and a count of individuals who have a disability.

(d) An affirmation of policies on EEO, anti-harassment, and individuals who have a disability that states the agency's commitment to equal employment opportunity, promoting the employment of individuals who have a disability, providing reasonable accommodations, maintaining a work environment free of unlawful discrimination and harassment. The agency shall also include provisions that inform employees of the agency's complaint procedures and affirmative action program.

(e) A dissemination of policy statement that explains internal and external dissemination of the agency's equal employment opportunity policies.

(f) An outline of the agency's training plan for all employees on the principles of equal employment opportunity, including disability-related workplace issues designed to promote an inclusive culture. The outline of the training plan for managers and supervisors must show that the training includes the principles of equal employment opportunity and affirmative action.

(g) An identification of the individual(s) accountable for directing and implementing the affirmative action plan and a description of their duties and responsibilities as they relate to implementation of the affirmative action plan.

(h) A description of the agency's plan to periodically review its personnel processes to ensure equal access. The plan shall include a description of the personnel processes reviewed and any necessary modifications or development of new processes.

(i) An identification and description of the agency's audit and reporting system that is used to measure the effectiveness of its affirmative action program.

(j) The agency's statement as to the degree to which its goals and objectives are being met.

(k) The agency's identification of any needs for remedial action.

(l) An identification of the agency's impediments to providing equal employment opportunity. The agency shall include an analysis of the agency's employment processes to include personnel procedures and activities (e.g., hires, promotions, separations, accommodations, return-to-work, etc.), and any other areas that the agency finds may impact the success of the affirmative action program.

(m) A description of the steps the agency will take to eliminate or reduce the impact of the agency's impediments to providing equal employment opportunity.

(n) An evaluation of the progress made in reaching the agency's goals for the prior year. The agency shall provide a statistical representation of placements made toward the goals, a narrative explanation of goals met, and "good faith efforts" made in instances in which the agency was unable to meet its goals.

(o) An analysis that estimates the number of qualified minorities, women, or individuals with a disability available for employment in a given EEO job category, expressed as a percentage of all qualified persons available for employment in the EEO job category. In order to determine whether barriers to equal employment opportunity may exist within a particular EEO job category, the agency must use this availability determination to establish a benchmark against which the demographic composition of the agency's workforce can be compared.

(p) A comparison between the agency's actual workforce and the qualified available workforce in the relevant labor market. The agency shall establish goals where the agency has identified an underutilization in the workforce using an industry recognized calculation method for determining underutilization.

(3) Each agency shall include in its affirmative action plan as described in subsection (2) the following additional components regarding individuals who have a disability:

(a) Documentation of the agency's review of physical and mental job qualification standards to ensure that physical and mental job qualification standards are job-related and consistent with business necessity. The agency shall also explain any actions it intends to take based on this review.

(b) The process by which the agency will review a request for an accommodation from an individual who has a disability and provide a reasonable accommodation in response to such a request.

(c) A description of how the agency will promote employment opportunities for individuals who have a disability. This description must include a description of the agency's strategies for outreach, recruitment, hiring and retention.

(d) Data collected on hiring and selection practices that have assisted the agency in identifying problem areas and meeting the reporting requirements of sections 110.112(2)(e), (3)(c)2., and (d), F.S. The agency must also provide data reports which must include:

1. A report on the number of requisitions, applicants, applicants interviewed, and applicants hired.

2. A report on the number of agency applicants, new hires, promotions, separations, demotions and original appointments.

(4) When an individual is provided the opportunity to voluntarily self-identify whether he or she has a disability, the following options must be presented for the individual's selection:

(a) I do not have a disability;

(b) I do have a disability; or

(c) I choose not to answer.

(5) The opportunity for an individual to self-identify whether he or she has a disability under (4) shall advise the individual of the following:

(a) The information will be used solely in connection with affirmative action obligations and efforts;

(b) The information is being requested on a voluntary basis;

(c) The information will be kept confidential as medical information in accordance with the Americans with Disabilities Act (ADA); and

(d) The refusal to provide this information will not subject the individual to any adverse treatment.

Notes

Fla. Admin. Code Ann. R. 60L-40.002

Rulemaking Authority 110.1055, 110.112(2)(a), 110.112(3)(f), 110.201(1)(a), 110.403(1), 110.605(1) FS. Law Implemented 110.105(1), 110.112(2)(a), 110.112(3)(f), 110.403(1)(h), 110.605(1)(d) FS.

New 1-1-02, Amended 4-3-03, Formerly 60L-33.007, Amended by Florida Register Volume 45, Number 064, April 2, 2019 effective 4/18/2019.

New 1-1-02, Amended 4-3-03, Formerly 60L-33.007, Amended 4-18-19.