Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.06 - LHA Affirmative Action Plan

Current through Register 1525, July 5, 2024
(1)
Purpose
. Nondiscrimination and equal opportunity are the
			 policy of the Commonwealth. It is of critical importance for agencies of state and
			 local government to take affirmative steps to prevent discrimination and to promote
			 equality of opportunity in their operations. Where there has been discrimination,
			 affirmative action shall include efforts necessary or appropriate to remedy the
			 effects of such discrimination.
(2)
Adoption of Plan
. Each LHA shall be responsible for the
			 development, implementation, monitoring and update of a written affirmative action
			 plan. Each LHA shall submit to the Department a board vote that the affirmative
			 action plan has been adopted by the LHA together with a copy of the plan. A similar
			 vote shall be submitted for each change in the plan, along with a copy of the
			 change. The plan shall be kept on file at the LHA and available for inspection by
			 tenants, employees, and applicants for housing and employment. The Department may
			 require changes or updates of the plan in the event that the plan shall be
			 inadequate. The affirmative action plan of an LHA, adopted prior to and in effect on
			 September 5, 2005 shall satisfy the requirement for development of a plan.
(3)
Contents of Plan
. The
			 affirmative action plan shall include, but not necessarily be limited to, the
			 following:
(a) A written equal opportunity
			 policy.
(b) A workforce analysis,
			 including:
1. For each department or division of
			 the LHA, the number of minorities (this number may be further broken down by
			 minority group), the number of women, the number of persons with disabilities and
			 the number of Veterans in each of the following job categories and the total number
			 of employees in each such job category:
a.
			 maintenance and service;
b.
			 clerical;
c. managerial, technical, and
			 professional.
For purposes of 760 CMR 4.06 a person with a disability shall be
				deemed to be an individual who has a physical, psychiatric or developmental
				impairment or has a record of having an impairment or perceived as having an
				impairment, which substantially limits one or more of his or her major life
				activities.
2. The
			 number of individuals hired in each such job category during the LHA's previous
			 fiscal year; and the number of minorities (this number may be further broken down by
			 minority group), the number of women, the number of persons with disabilities, and
			 the number of Veterans hired in each such job category during the LHA's previous
			 fiscal year.
3. A listing of recruitment
			 sources used during the previous fiscal year.
(c) A determination of the percentages which
			 minorities (the percentage of minorities may be further broken down by minority
			 group), women, persons with disabilities, and Veterans have in the population of the
			 municipality and the applicable (primary) metropolitan statistical area in which the
			 municipality is located, as determined in the most recent federal census or other
			 reliable data source. The higher of the applicable percentages for minorities,
			 women, persons with disabilities, and Veterans shall be the goals of the LHA for
			 employment in the LHA's work force. The goal for employment of minorities may be
			 broken down into goals for employment of the distinct minority groups. Ideally, each
			 job category will reflect percentages of minorities (or minority groups), females,
			 persons with disabilities, and Veterans which are the same as the percentages in the
			 overall population of the municipality or the (primary) metropolitan statistical
			 area, whichever is applicable.
(d) A
			 description of methods for publicizing job openings so as to encourage job
			 applications by minorities (or members of underrepresented minority groups), women,
			 persons with disabilities, and Veterans, including, but not necessarily limited to,
			 the following:
1. Publicizing internally and
			 externally through usual means designed to reach a wide audience.
2. Utilizing media sources which will reach
			 minorities, women, persons with disabilities, and Veterans as necessary.
3. Contacting organizations which serve
			 minorities, women, persons with disabilities, and Veterans as necessary.
4. Causing all solicitations or advertisements for
			 employees to state: "An Equal Opportunity Affirmative Action Employer."
If consistent with any applicable internal promotion policy, LHAs
				shall make efforts to keep job positions open for a reasonable amount of time in
				order to effectuate the efforts to encourage applications by minorities, women,
				persons with disabilities, and Veterans. At a minimum, no job position shall be
				filled until at least two weeks after the publicizing efforts have been
				taken.
(e) A
			 requirement that, for every job opening not filled through internal promotion
			 pursuant to an internal promotion policy, the LHA shall interview a minimum of three
			 qualified candidates, if available, and that an effort shall be made to interview at
			 least one candidate from an underrepresented group.
(f) A statement of measures ensuring against
			 discriminatory practices in hiring, including review and, where necessary,
			 development or revision of the following:
1.
			 recruitment and personnel procedures;
2.
			 selection process, including matters such as job requirements, job descriptions,
			 testing, interviewing, and application forms;
3. internal promotion policy or other policy on
			 promotions;
4. terms and conditions of
			 employment; and
5. policies relating to
			 layoff, recall, termination, demotion, discharge.
(g) Provisions for periodic review of the
			 effectiveness of affirmative action efforts, including an annual update of the
			 workforce analysis, the description of methods of publicizing job openings, and the
			 statement of measures insuring against discriminatory practices.