Subpart 1.
Schedule for review.
The contractor must provide in its affirmative action
program, and must adhere to, a schedule for the review of all physical or
mental job qualification requirements to ensure that, to the extent
qualification requirements tend to screen out qualified disabled persons, they
are job related and are consistent with business necessity and the safe
performance of the job.
Subp. 2.
Relating qualification requirements to job.
Whenever a contractor applies physical or mental job
qualification requirements in the selection of applicants or employees for
employment or other change in employment status such as promotion, demotion, or
training, to the extent that qualification requirements tend to screen out
qualified disabled persons, the requirements must be related to the specific
job or jobs for which the person is being considered and must be consistent
with business necessity and the safe performance of the job. The contractor has
the burden to demonstrate that it has complied with the requirements of this
subpart.
Subp. 3.
Preemployment medical exam.
Nothing in this part shall prohibit a contractor from
requiring a comprehensive medical examination after a conditional offer of
employment provided that the results of such an examination shall be used only
in accordance with the requirements of parts
5000.3550 to
5000.3559. Whenever a contractor
inquires into an applicant's or employee's physical or mental condition or
conducts a medical examination after a conditional offer of employment or
change in employment status, information obtained in response to such inquiries
or examination must be kept confidential except that:
A. supervisors and managers may be informed
regarding restrictions on the work or duties of disabled persons and regarding
accommodations;
B. first aid and
safety personnel may be informed, where and to the extent appropriate, if the
condition might require emergency treatment; and
C. officials, employees, representatives, or
agents of the department or local human rights agencies investigating
compliance with the act or local human rights ordinances must be informed if
they request such information.
Subp. 4.
Accommodation to physical and mental limitations of employees.
A contractor shall make a reasonable accommodation to the
physical and mental limitations of an employee or applicant unless the
contractor can demonstrate that such an accommodation would impose an undue
hardship on the conduct of the contractor's business. In determining the extent
of a contractor's accommodation obligations, the following factors among others
may be considered:
(1) business
necessity and
(2) financial cost
and expenses.
Subp. 5.
Compensation.
In offering employment or promotions to disabled persons,
the contractor must not reduce the amount of compensation offered because of
any disability income, pension, or other benefit the applicant or employee
receives from another source.
Subp. 6.
Outreach, positive recruitment, and external dissemination of policy.
Contractors must review their employment practices to
determine whether their personnel programs provide the required affirmative
action for employment and advancement of qualified disabled persons. Based upon
the findings of such reviews, contractors must undertake appropriate outreach
and positive recruitment activities, such as those listed in items A to J. It
is not contemplated that contractors will necessarily undertake all the listed
activities or that their activities will be limited to those listed. The scope
of a contractor's efforts must depend upon all the circumstances, including the
contractor's size and resources and the extent to which existing employment
practices are adequate.
A. Develop
internal communication of its obligation to engage in affirmative action
efforts to employ qualified disabled persons in such a manner as to foster
understanding, acceptance, and support among the contractor's executive,
management, supervisory, and all other employees and to encourage such persons
to take the necessary action to aid the contractor in meeting this
obligation.
B. Develop reasonable
internal procedures to ensure that its obligation to engage in affirmative
action to employ and promote qualified disabled persons is being fully
implemented.
C. Periodically inform
all employees and prospective employees of its commitment to engage in
affirmative action to increase employment opportunities for qualified disabled
persons.
D. Enlist the assistance
and support of recruiting sources (including state employment security
agencies, state vocational rehabilitation agencies or facilities,
rehabilitation facilities, college placement officers, state education
agencies, labor organizations, and organizations of or for disabled persons)
for the contractor's commitment to provide meaningful employment opportunities
to qualified disabled persons. Information on national organizations serving
the disabled, many of which have state or local affiliates, can be obtained
from the Clearinghouse on Disability Information, Office of Special Education
and Rehabilitation Services, United States Department of Education, (202)
732-1241 or (202) 732-1723 (Voice/TDD).
E. Engage in recruitment activities at
educational institutions that participate in training of the disabled, such as
schools for the blind, deaf, or developmentally disabled.
F. Establish meaningful contracts with
appropriate social service agencies, organizations of and for disabled persons,
vocational rehabilitation agencies or facilities, for such purposes as advice,
technical assistance, and referral to potential employees. Technical assistance
from the resources described in this paragraph may consist of advice on proper
placement, recruitment, training, and accommodations contractors may undertake,
but no such resource providing technical assistance must have the authority to
approve or disapprove the acceptability of affirmative action
programs.
G. Review employment
records to determine the availability of promotable and transferable qualified
known disabled persons presently employed, and to determine whether their
present and potential skills are being fully utilized or developed.
H. Include disabled workers when employees
are pictured in consumer, promotional, or help wanted advertising.
I. Send written notification of company
policy to all subcontractors, vendors and suppliers, requesting that they act
in a manner consistent with the contractor's policy on affirmative
action.
J. Take positive steps to
attract qualified disabled persons not currently in the work force who have
requisite skills and can be recruited through affirmative action measures.
These persons may be located through the local chapters of organizations of and
for disabled persons described in part
5000.3552, subpart
6.
Subp. 7.
Internal dissemination of policy.
An outreach program is ineffective without adequate
internal support from supervisory and management personnel and other employees,
who may have had limited contact with disabled persons in the past. In order to
assure greater employee cooperation and participation in the contractor's
efforts, the contractor shall adopt, implement, and disseminate this policy
internally as follows:
A. Include it
in the contractor's policy manual.
B. Publicize it in the company newspaper,
magazine, annual report, and other media.
C. Conduct special meetings with executive,
management, and supervisory personnel to explain the intent of the policy and
individual responsibility for effective implementation, making clear the chief
executive officer's attitude.
D.
Schedule meetings with all employees to discuss policy and explain individual
employee responsibilities.
E.
Discuss the policy thoroughly in both employee orientation and management
training programs.
F. Meet with
union officials to inform them of the contractor's policy, and request their
cooperation.
G. Include
nondiscrimination clauses in all union agreements, and review all contractual
provisions to ensure they are nondiscriminatory.
H. Include articles on accomplishments of
disabled workers in company publications.
I. Post the policy on company bulletin
boards, including a statement that employees and applicants are protected from
coercion, intimidation, interference, or discrimination for filing a complaint
or assisting in an investigation under the Minnesota Human Rights
Act.
J. When employees are featured
in employee handbooks or similar publications for employees, include disabled
employees.
Subp. 8.
Responsibility for implementation.
An executive of the contractor shall be designated as
director or manager of company affirmative action activities under these
regulations. The director's or manager's identity shall appear on all internal
and external communications regarding the company's affirmative action
programs. This executive shall be given necessary top management support and
staff to manage the implementation of this program, including the following
activities:
A. Develop policy
statements, affirmative action programs, and internal and external
communication techniques. The latter techniques shall include regular
discussions with local managers, supervisors, and employees to be certain the
contractor's policies are being followed. In addition, supervisors shall be
advised that:
(1) their work performance is
being evaluated on the basis of their affirmative action efforts and results,
as well as other criteria; and
(2)
the contractor is obligated to prevent harassment of employees placed through
affirmative action efforts.
B. Identify problem areas in conjunction with
line management and known disabled employees, in the implementation of the
affirmative action plan, and develop solutions. This is particularly important
for the accommodations requirements.
C. Design and implement audit and reporting
systems that will:
(1) measure effectiveness
of the contractor's plan;
(2)
indicate need for remedial action;
(3) determine the degree to which the
contractor's objectives have been attained;
(4) determine whether known disabled
employees have had the opportunity to participate in all company sponsored
educational, training, recreational, and social activities; and
(5) ensure that each location is in
compliance with the Minnesota Human Rights Act and parts
5000.3550 to
5000.3559.
D. Serve as liaison between the contractor
and the Minnesota Department of Human Rights.
E. Serve as liaison between the contractor
and organizations of and for disabled persons, and arrange for the active
involvement by company representatives in the community service programs of
local organizations of and for the disabled.
F. Keep management informed of the latest
developments in the entire affirmative action area.
G. Arrange for career counseling for known
disabled employees.
Subp. 9.
Development and execution of affirmative action programs.
The affirmative action programs must be developed and
executed as follows:
A. Job
qualification requirements reviewed under part
5000.3552, subparts
1 and
2 shall be made available to
all members of management involved in the recruitment, screening, selection,
and promotion process.
B. The
contractor shall evaluate the total selection process including training and
promotion to ensure freedom from stereotyping disabled persons in a manner
which limits their access to all jobs for which they are qualified.
C. All personnel involved in the recruitment,
screening, selection, promotion, disciplinary, and related processes shall be
carefully selected and trained to ensure that the commitments in its
affirmative action program are implemented.
D. Formal briefing sessions shall be held,
preferably on company premises, with representatives from recruiting sources.
Plant tours, clear and concise explanations of current and future job openings,
position descriptions, worker specifications, explanations of the company's
selection process, and recruiting literature shall be an integral part of the
briefings. Formal arrangements shall be made for referral of applicants, follow
up with sources and feedback on disposition of applicants.
E. A special effort shall be made to include
qualified disabled persons on the personnel relations staff.
F. Disabled employees shall be made available
for participation in career days, youth motivation programs, and related
activities in their communities.
G.
Recruiting efforts at all schools shall include special efforts to reach
disabled students.
H. An effort
must be made to participate in work study programs with rehabilitation
facilities and schools which specialize in training or educating disabled
persons.
I. The contractor shall
use all available resources to continue or establish on-the-job training
programs.
Subp. 10.
Rehabilitation facilities.
Contracts with rehabilitation facilities do not constitute
affirmative action in lieu of employment and advancement of qualified disabled
persons in the contractor's own workforce. Contracts with rehabilitation
facilities may be included within an affirmative action program if the
rehabilitation facility trains employees for the contractor and the contractor
is obligated to hire trainees at full compensation when such trainees become
qualified as "qualified disabled persons" as defined in part
5000.3400, subpart 21.
