Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 68 - Equal Employment Opportunity and Affirmative Action › Rule 11-68.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions shall be applied to the rules in
				  this chapter.
"Affirmative action "
means action
				  appropriate to overcome the effects of past or present practices, policies, or
				  other barriers to equal employment opportunity.
"Availability"
means the extent to which
				  protected class members are qualified or qualifiable to be employed in classes
				  within state and local government job categories.
"Disabled person "
means any person who has
				  a physical or mental impairment which substantially limits one or more major
				  life activities, has a record of such an impairment, or is regarded as having
				  such an impairment.
"EEO-4 income bracket"
means the annual
				  salary ranges as defined by the Equal Employment Opportunity Commission. Where
				  employees are paid on other than an annual basis, their regular earnings shall
				  be expanded and expressed in terms of an annual income.
"EEO-4 report"
means the annual state
				  employment data report as required by the federal Equal Employment Opportunity
				  Commission.
"Equal employment opportunity"
means equal
				  access to employment or training opportunities regardless of race, creed,
				  color, religion, sex, age, national origin or physical or mental
				  disability.
"Organizational unit"
means those agency
				  units which lend themselves to the most reasonable system of grouping for
				  analysis even though they may not necessarily coincide with the agency's
				  administrative divisions.
"Protected class "
means racial or ethnic
				  minorities, sex, age, creed, color, national origin, religion, mental and
				  physical disability.
"Racial or ethnic minorities "
means Black,
				  Hispanic, Asian and Pacific Islander, American Indian and Alaskan
				  natives.
"Relevant labor force"
means that group of
				  persons in the general population of a specified geographic area who are
				  qualified to perform a particular type of work.
"Sexual harassment"
means persistent,
				  repetitive, or highly egregious conduct directed at a specific individual or
				  group of individuals that a reasonable person would interpret as intentional
				  harassment of a sexual nature, taking into consideration the full context in
				  which the conduct occurs, which conduct threatens to impair the ability of a
				  person to perform the duties of employment, or otherwise function normally
				  within an institution responsible for the person's care, rehabilitation,
				  education, or training.
"Sexual harassment"
may include, but is
				  not limited to, the following:
(1) unsolicited sexual advances by a person toward another
				  person who has clearly communicated the other person's desire not to be the
				  subject of those advances; (2) sexual advances or propositions made by a person
				  having superior authority toward another person within the workplace or
				  institution; (3) instances of offensive sexual remarks or speech or graphic
				  sexual displays directed at a person in the workplace or institution, who has
				  clearly communicated the person's objection to that conduct, and where the
				  person is not free to avoid that conduct due to the requirements of the
				  employment or the confines or operations of the institution; (4) dress
				  requirements that bear no relation to the person's employment responsibilities
				  or institutional status.
"State and local government job categories"
means officials and administrators, professionals, technicians, protective
				  service workers, paraprofessionals, administrative support workers, skilled
				  craft workers and service maintenance workers, as defined by the federal Equal
				  Employment Opportunity Commission guidelines.
"Utilization"
means the extent to which
				  minorities, females, and persons with disabilities are represented within an
				  agency's work force as compared to their availability in the relevant labor
				  force.
"Workforce"
means an agency or
				  organizational unit's full-time employees and other than full-time
				  employees.