Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part I - Definitions › Section 46a-68-75 - Definitions

Current through July 10, 2024
As used in sections 46a-68-75 to
						  46a-68-114,
						  inclusive, of the Regulations of Connecticut State Agencies:
(1) "Adverse impact" means a substantially
						different rate of selection, generally a selection rate for any protected group
						less than four-fifths (4/5) of the rate for the group most favored by the
						selection device.
(2) "Affirmative
						action" means positive action, undertaken with conviction and effort to
						overcome the present effects of past practices, policies or barriers to equal
						employment opportunity and to achieve the full and fair participation of women,
						blacks and Hispanics and any other protected group found to be underutilized in
						the workforce or affected by policies or practices having an adverse
						impact.
(3) "Affirmative action
						plan" or "plan" means a detailed, result-oriented set of procedures, prepared
						and approved in accordance with section
						46a-68
						of the Connecticut General Statutes and sections 46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies, which blueprints a
						strategy to combat discrimination and achieve affirmative action.
(4) "Agency" means each state agency,
						department, board, educational institution, commission or entity required to
						file an affirmative action plan pursuant to section
						46a-68
						of the Connecticut General Statutes.
(5) "Applicant" means a person applying for
						employment with an agency or having on file with the Department of
						Administrative Services or an agency an application for admission to a test
						used to establish an employment list for appointment to a position or position
						classification.
(6) "Appointing
						authority" means a board, commission, officer, commissioner, person or group of
						persons having the power to make appointments by virtue of a statute or by
						other lawfully delegated authority.
(7) "Availability base" means the number of
						persons in the relevant labor market currently possessing skills, abilities and
						qualifications necessary for the performance of a job or reasonably capable of
						acquiring in a reasonable period of time the requisite skills through
						training.
(8) "Compliance" means
						conformity with the requirements set forth in section
						46a-68
						of the Connecticut General Statutes and regulations promulgated
						thereunder.
(9) "Discriminatory
						practice" means any discriminatory practice as defined in section
						46a-51(8)
						of the Connecticut General.
(10)
						"Employee" means any person holding a position in state service subject to
						appointment by an appointing authority.
(11) "Employment analyses" means a review of
						the employment process to identify potential barriers to equal employment
						opportunity and affirmative action.
(12) "Equal employment opportunity" means
						employment of individuals without consideration of protected classes in chapter
						814c of the Connecticut General Statutes unless there is a bona fide
						occupational qualification excluding persons in a protected group.
(13) "Full-time employee" means an employee
						holding a permanent position normally requiring thirty-five hours or more of
						service in each week.
(14) "Goal"
						means a hiring, promotion or program objective that an agency strives to
						attain.
(15) "Good faith effort"
						means the initiatives delineated in section
						46a-68-92 of
						the Regulations of Connecticut State Agencies including that degree of care and
						diligence which a reasonable person would exercise in the performance of legal
						duties and obligations. At a minimum, it includes all those efforts reasonably
						necessary to achieve full compliance with the law. Further, it includes
						additional or substituted efforts when initial endeavors will not meet
						statutory or regulatory requirements. Finally, it includes documentary evidence
						of all action undertaken to achieve compliance, especially where requirements
						have not or will not be achieved within the reporting period established
						pursuant to section
						46a-68-92 of
						the Regulations of Connecticut State Agencies.
(16) "Labor market" or "Labor market area"
						means a geographical area from which an agency may reasonably recruit or expect
						to recruit an employee for hire, promotion or transfer.
(17) "Occupational category" means an office,
						offices, position, positions, position classification, position classifications
						or any combination thereof, grouped by job content or primary occupational
						activity into categories according to instructions contained in the appendices
						published by the United States Equal Employment Opportunity
						Commission.
(18) "Office" means any
						position or position classification in state service established by statute,
						including appointing authorities, except those job titles set out in sections
						5-198(1)
						to
						5-198(3),
						inclusive, of the Connecticut General Statutes and members of boards and
						commissions.
(19) "Original
						appointment" means an appointment to a position or position classification made
						in accordance with section
						5-228(d)
						of the Connecticut General Statutes and, for the purpose of sections 46a-68-75
						to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies, appointments to
						the unclassified service.
(20)
						"Other employee" means a full-time employee who does not have permanent
						status.
(21) "Parity" means a
						condition where the percentage of the representation of a protected class in
						the workforce, occupational category, or job title equals the percentage of
						such persons in the availability base as determined in accordance with section
						46a-68-84
						of the Regulations of Connecticut State Agencies.
(22) "Position" means a group of duties and
						responsibilities currently assigned or designed by competent authority to
						require the services of one employee.
(23) "Position classification" means a group
						of positions within an agency sufficiently similar in respect to the duties,
						responsibilities and authority thereof that the same title may be used to
						designate each position allocated to the classification; that similar
						requirements as to education, experience, capacity, knowledge, proficiency,
						ability and other qualifications shall be required of the incumbents; that
						similar tests of fitness may be used to choose qualified employees; and that
						the same schedule of compensation may be made to apply with equity.
(24) "Program goal" means a target
						established to respond to an identified obstacle to equal employment
						opportunity.
(25) "Promotional
						appointment" or "promotion" means an appointment to a position or position
						classification made in accordance with section
						5-228(b)
						or
						5-228(c)
						of the Connecticut General Statutes and, for the purpose of sections 46a-68-75
						to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies, appointments to
						the unclassified service.
(26)
						"Protected class" or "protected group" means those classes or groups of persons
						specified in and protected by applicable state or federal antidiscrimination
						laws, except that, for equal employment opportunity purposes, the limitations
						set forth in section
						46a-61
						of the Connecticut General Statutes shall apply.
(27) "Qualified applicant" is a person who
						meets the minimum requirements stipulated in a job description and has passed
						the examination for such job.
(28)
						"Race and sex" or "race and sex group" means the following groups of persons:
						white males, black males, Hispanic males, other males, white females, black
						females, Hispanic females and other females.
(29) "Underutilization" or "underutilized"
						means a condition where the percentage of representation of a protected class
						in the workforce, occupational category or job title is less than the
						percentage of such persons in the availability base.
(30) "Utilization analysis" means a
						comparison between the race and sex composition of the workforce, occupational
						category or job title with the availability base of such persons in the
						relevant labor market.
(31)
						"Workforce analysis" means a comprehensive inventory of all employees by race,
						sex, job title and occupational category.