Kan. Admin. Regs. § 21-50-3 - Compliance review

(a) In determining whether a contractor is in compliance with the Kansas act against discrimination, the contract compliance review may consider, but shall not be limited to, the following evidentiary factors, except that a finding adverse to the contractor as to any one of the following factors will not alone constitute conclusive proof of noncompliance:

1. The ratio of minorities and females in the area in which the contractor operates as compared to the ratio of minority and female employees in the contractor's workforce.

2. The availability of promotable and transferable minorities and women within the contractor's employment.

3. The existence of local training institutions capable of training persons in the requisite skills.

4. The degree of training which the contractor is reasonably able to undertake as a means of making all job classifications available to otherwise qualified minorities and women.

5. The evidence that the contractor has furnished each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding and every other source of recruitment regularly utilized a notice advising of its commitment to non-discrimination pursuant to regulation 21-50-7, as amended.

(b) Notifying contractor. After review, the commission shall notify the contractor whether or not there is evidence of noncompliance with the Kansas act against discrimination. Where evidence of non-compliance is found to exist as a result of contract compliance review, reasonable efforts shall be made through negotiation and persuasion to secure written commitments to eliminate such problem areas. Written commitments may include the preparation and implementation of an affirmative action program as described below and/or the precise action to be taken and dates for completion.

Notes

Kan. Admin. Regs. § 21-50-3

Authorized by K.S.A. 44-1034; modified, L. 1978, ch. 474, May 1, 1978.