AS Title 39, Chapter 28: Equal Employment Opportunity Program

Chapter 28. Equal Employment Opportunity Program. Sec. 39.28.010. Administration of equal employment opportunity program. The director of personnel shall administer the equal employment opportunity program for the executive branch of state government to assure compliance with this chapter. Sec. 39.28.020. Powers and duties of the director of personnel regarding the administration of the equal employment opportunity program. (a) The director of the division of personnel shall (1) assist state officials to carry out their equal employment opportunity responsibilities, including promoting the recruitment, employment, training, and retention of members of protected classes, and recommend solutions to any problems identified; (2) train state managers and supervisors in their equal employment opportunity and affirmative action responsibilities and offer orientation programs to employees to inform them of their rights and responsibilities under this chapter; (3) monitor records of personnel actions, develop auditing and reporting systems to acquire statistical information, and prepare federal and state reports concerning the composition of the work force; (4) prepare and submit the affirmative action plan for employment in the executive branch of state government to the governor; (5) prepare guidelines for the affirmative action programs of agencies and review, audit, and make recommendations concerning the programs; (6) ensure that agencies comply with the affirmative action plan and with the agency affirmative action program; (7) implement standards by which performance evaluations of supervisors reflect compliance with affirmative action plans and objectives, including the granting or denial of merit increases; (8) assist the division of labor relations in collective bargaining negotiations between the state and employee bargaining organizations to ensure that each collective bargaining agreement negotiated by the state ensures equal employment opportunity; (9) file quarterly reports with the governor and the legislature concerning agency compliance with and progress in its affirmative action program, the affirmative action plan, state and federal equal employment opportunity laws and regulations; (10) accept, investigate, and resolve complaints of discrimination from employees, previous employees, or applicants for employment; (11) serve as primary liaison between the executive branch and state and federal agencies, minority and women's organizations, and community groups concerned with equal employment opportunity; and (12) prepare and submit an annual report to the governor and the legislature by February 15 on the progress and problem areas in the equal employment opportunity program and the implementation of the affirmative action plan. (b) The director of personnel may (1) recommend legislative or administrative action to the governor, through the commissioner of administration, relating to equal employment opportunity and affirmative action matters; (2) require the purging of the records of a complaint of unlawful discrimination from the personnel file of an employee who has filed a complaint of unlawful discrimination; (3) forbid an agency to hire or promote employees based on a discriminatory employment practice; (4) require an agency to reverse a personnel action including a hiring decision if the director finds that the action was based on a discriminatory employment practice; (5) require an agency to change its selection procedures if the director finds that the procedures violate state or federal laws prohibiting employment discrimination; and (6) when there is reason to believe that an employee has violated this subsection, require the agency to investigate and to impose discipline if the investigation reveals facts warranting it. (c) A collective bargaining agreement adopted under AS 23.40.070 — 23.40.260 (Public Employment Relations Act) must be consistent with principles of equal employment opportunity and affirmative action. This chapter supersedes the provisions of AS 39.25 (State Personnel Act). Sec. 39.28.030. Administrative regulations. The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the division of personnel's duties under this chapter. Sec. 39.28.040. Affirmative action plan. The department shall establish an equal employment opportunity program and adopt annually an affirmative action plan for the executive branch of state government. The plan remains in effect until the department establishes a subsequent plan. The director of personnel shall work with each agency to enhance equal employment opportunity. Sec. 39.28.050. Compliance with affirmative action plan. (a) Each agency shall comply with the affirmative action plan. Each commissioner or executive head of an agency shall adopt an affirmative action program to implement the plan within the agency. At the request of the director of personnel, a state official shall report to the director of personnel about agency employment practices and activities to implement and comply with the plan or program. (b) When the director of personnel finds that an agency has violated the affirmative action plan or its affirmative action program, the director of personnel may (1) suspend the hiring authority of the agency; and (2) impose mandatory affirmative action measures on the agency to bring the agency into compliance. Sec. 39.28.055. Individuals with disabilities. (a) When administering requirements of this chapter related to the vocational training, vocational rehabilitation, or employment placement of an individual with a disability who can reasonably be expected to benefit in terms of employability from the provision of vocational rehabilitation services, the department's primary objective and preferred outcome is to help the individual become gainfully employed in an integrated workplace where individuals with disabilities work with and alongside of individuals without disabilities. (b) Nothing in this section requires the hiring of an individual with a disability. (c) In this section, (1) “gainfully employed” means employed full time or part time for compensation that is (A) at or above the minimum wage; and (B) not less than the compensation paid by the employer for the same or similar work performed by an individual who is not disabled; (2) “individual with a disability” means an individual who has a physical or mental impairment that substantially limits one or more major life activities and that constitutes or results in a substantial barrier to employment. Sec. 39.28.060. Employment discrimination complaints. (a) The division of personnel shall accept complaints of employment discrimination in the executive branch of state government and shall confer with the complainant and the agency involved to bring about an informal resolution of a complaint. (b) An agency shall notify the division of personnel when the agency receives a complaint alleging employment discrimination. (c) The director of personnel may not make public the records of a complaint or investigation under this chapter. Sec. 39.28.070. Retaliation prohibited. (a) An agency, officer, or state employee may not directly or indirectly refuse to hire, transfer, or promote, or dismiss, demote, suspend, lay off, or otherwise discipline a person for filing a complaint with the division of personnel for a failure to comply with affirmative action or equal employment opportunity or for assisting the division of personnel in an investigation of a complaint. (b) A person who knowingly violates this section is liable for a civil penalty of not more than $1,000. Sec. 39.28.080. Access to confidential records. The director of personnel may have access to all data, records, and reports necessary to carry out its functions under this chapter. The director of personnel may not make public information designated as confidential by AS 39.25.080 or another law. However, the director of personnel may make public statistical information compiled from confidential records. Sec. 39.28.200. Definitions. In this chapter, unless the context requires otherwise, (1) “agency” means a department, office, agency, public corporation, board, commission, authority, or other organizational unit of the executive branch; (2) “department” means the Department of Administration; (3) “director of personnel” means the director of personnel appointed under AS 39.25.040 ; (4) “division of personnel” means the division of personnel established by AS 39.25.030 ; (5) “employment in the executive branch of state government” includes employment as a permanent, probationary, provisional, nonpermanent, or temporary employee in the classified, partially exempt, or exempt services in the executive branch of state government; (6) “member of a protected class” means a person protected by federal or state laws that prohibit discrimination in employment or a person who experiences or has experienced difficulty in obtaining employment or advancement in employment because of another factor not related to merit.