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Chapter 251-23 WAC
AFFIRMATIVE ACTION

 

WAC

251-23-010 Affirmative action--Authority.

251-23-015 Affirmative action rules--Noncompliance.

251-23-020 Affirmative action plans--Requirements--Approval.

251-23-030 Affirmative action plans--Monitoring progress--Reporting.

251-23-040 Affirmative action plans--Content.

251-23-050 Affirmative action--Goals.

251-23-060 Affirmative action--Supplemental certification.

 

WAC 251-23-010 Affirmative action--Authority. The purpose of this chapter is to ensure compliance by each institution/related board with the provisions of chapter 41.06 RCW and executive orders, which provide for affirmative action and equal employment opportunity in appointment, promotion, transfer, recruitment and career development; development and implementation of affirmative action goals, and monitoring progress toward achieving those goals.

[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-23-010, filed 7/8/04, effective 8/8/04; 99-05-042, § 251-23-010, filed 2/12/99, effective 4/1/99; 98-19-035, § 251-23-010, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-23-010, filed 2/28/86, effective 4/1/86.]

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WAC 251-23-015 Affirmative action rules--Noncompliance. Pursuant to RCW 49.74.020 through 49.74.040, noncompliance with the rules contained in this chapter is within the jurisdiction of the Washington state human rights commission.

[Statutory Authority: RCW 28B.16.100. 87-16-045 (Order 158), § 251-23-015, filed 7/29/87, effective 9/1/87.]

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WAC 251-23-020 Affirmative action plans--Requirements--Approval. (1) Each higher education institution/related board shall be required to develop and implement both an equal employment opportunity/affirmative action policy statement and an affirmative action plan.

(2) Equal employment opportunity/affirmative action policy statements and affirmative action plans shall comply with applicable state and federal laws, regulations, and guidelines, and shall require the approval of the director or designee.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-23-020, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 90-02-054, § 251-23-020, filed 12/29/89, effective 2/1/90; 86-06-034 (Order 145), § 251-23-020, filed 2/28/86, effective 4/1/86.]

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WAC 251-23-030 Affirmative action plans--Monitoring progress--Reporting. Each higher education institution/related board shall monitor progress under its affirmative action plan/program and, when requested, shall submit a report to the director reflecting progress against goals and containing such other information as required by the director.

[Statutory Authority: RCW 41.06.150. 99-05-042, § 251-23-030, filed 2/12/99, effective 4/1/99; 98-19-035, § 251-23-030, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-23-030, filed 2/28/86, effective 4/1/86.]

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WAC 251-23-040  Affirmative action plans--Content. Each higher education institution/related board shall apply affirmative action plans/programs to increase the representation of affected group members in their workforce when it is determined that a particular group is underutilized. Affirmative action plans/programs shall address recruitment, appointment, promotion, transfer, training and career development, and shall include but not be limited to the following:

(1) An equal employment opportunity/affirmative action policy statement.

(2) An identification of the individual responsible for implementing the affirmative action plan/program and the specific responsibilities of that individual.

(3) Provisions for internal and external communication of the affirmative action plan/program.

(4) A workforce profile by race/ethnic origin, sex, age, disability, Vietnam Era veteran and disabled veteran status and job class/category and provisions for ascertaining the same.

(5) The development and implementation of utilization analyses and goals based on availability.

(6) An identification of the causes of underutilization and/or problem areas related to underutilization.

(7) The development and implementation of specific programs for correcting the identified causes of underutilization and/or problem areas, in order to achieve goals, such as:

(a) Provision for supplemental certification of underutilized persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over from all eligible lists, except institution-wide layoff lists, in accordance with WAC 251-23-060;

(b) Provision that, when goals exist for a class and when it is determined by the personnel officer that an eligible list does not contain sufficient numbers of persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over, applicants who are members of such groups and who meet the minimum qualifications for the class may be admitted to the examination at any time. Those who pass the examination for the class shall be placed on the appropriate eligible list;

(c) Provision for members of affected groups to enter the employment process, but not to exclude others from it;

(d) Provision for special employee training and development programs, in accordance with WAC 251-24-030(8).

(8) A system for monitoring and evaluating progress under the affirmative action plan/program including reports to the president/chief executive officer of the institution/related board.

(9) Supportive programs, internally and externally, which will enhance the achievement of affirmative action goals.

[Statutory Authority: RCW 41.06.150. 00-10-026, § 251-23-040, filed 4/24/00, effective 6/1/00; 99-05-042, § 251-23-040, filed 2/12/99, effective 4/1/99. Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-23-040, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-040, filed 2/28/86, effective 4/1/86.]

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WAC 251-23-050 Affirmative action--Goals. Each higher education institution/related board shall develop and implement goals for hiring and/or promoting members of affected groups into job classes/categories where it has been determined that underutilization exists.

Goals shall be established based on the relevant availability statistics and in direct relationship to the institution's/related board's workforce profile and utilization analysis.

[Statutory Authority: RCW 41.06.150. 99-05-042, § 251-23-050, filed 2/12/99, effective 4/1/99. Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-23-050, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-050, filed 2/28/86, effective 4/1/86.]

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WAC 251-23-060 Affirmative action--Supplemental certification. The personnel officer shall certify from the eligible list up to a total of three additional eligibles who are persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over who meet the applicable affirmative action criteria when:

(a) An institution/related board is utilizing an approved affirmative action program in accordance with WAC 251-23-020 and 251-23-040 (7)(a), and

(b) The initial certification process does not provide the names of at least three eligibles who are members of the specific underutilized categories.

Such additional certification shall be made in order of standing on the eligible list. Certification of additional eligibles shall not result in more than a total of three eligibles from the specific underutilized categories.

[Statutory Authority: RCW 41.06.150. 99-05-042, § 251-23-060, filed 2/12/99, effective 4/1/99. Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-23-060, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-060, filed 2/28/86, effective 4/1/86.]

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