This guide was developed by the Department of Management Services to assist executive branch agencies in developing effective affirmative action plans (AA Plan). It identifies the AA Plan components and explains how to develop the key elements that comprise each component.
APPLICABLE STATUTES/RULES/FEDERAL REGULATIONS
In accordance with Section 110.112, Florida Statutes, executive agencies must assure equal employment opportunity exists through the development of AA programs to ensure the full utilization of minorities and women compared to the available labor market. Specifically the statute requires:
The head of each executive agency to develop and implement an affirmative action plan;
Executive agencies to establish annual goals for ensuring full utilization of groups underrepresented in its workforce as compared to the relevant labor market;
Appointment of an Equal Employment Opportunity (EEO) Officer; and
Agencies to provide the Department of Management Services, Division of Human Resource Management with an annual update on their AA efforts.
Additionally, Chapter 60L-33, Florida Administrative Code, outlines the required elements that are to be included in an executive agency’s AA Plan.
The State of Florida’s affirmative action program is supported by the Equal Employment Opportunity Coordinating Council’s “Policy Statement on Affirmative Action Programs for State and Local Government Agencies,” under Title 29, Part 1607.17, Uniform Guidelines on Employee Selection Procedures.
Furthermore, the Uniform Guidelines on Employee Selection Procedures establishes guidelines for all employers that must comply with the requirements of federal laws prohibiting discrimination based on protected class status. Specifically, employers must maintain records that reflect whether there is adverse impact in its tests and other selection procedures used as a basis for any employment decision. Employment decisions include but are not limited to hiring, promotion, retention, demotion, training, transfer, etc.
It is the policy of the state, under 110.105(2), Florida Statutes, that executive branch agencies ensure that all individuals are afforded the same rights and benefits in employment practices as provided by federal and state law. Additionally, in compliance with 110.112, Florida Statutes, agencies must ensure the full utilization of women and minorities within its workforce through the development and implementation of AA programs.
WHAT IS AFFIRMATIVE ACTION?
Affirmative action is a tool used by management to ensure equal employment opportunity in all phases of employment, which include but are not limited to recruitment, hiring, training, promotion, and termination. Affirmative action does not involve preferential treatment of women and minorities, nor does it require the hiring or promotion of unqualified individuals over a more qualified candidate.
Affirmative Action is a two step process that begins by first conducting a statistical analysis of the employer’s workforce and its employment actions. Where the analysis reveals disparities, an in-depth examination of the agency’s policies, procedures and employment practices should be conducted to identify any impediments which are causing harm to the affected group(s).
The second step of the process is initiated once the problem areas have been identified. During this phase employers must develop and implement proactive measures (affirmative action) to remedy the disparities. Examples of proactive measures include, but are not limited to:
Developing outreach and recruitment programs to attract underutilized groups;