25 NCAC 01I .2405. SYSTEM PORTION V: EQUAL EMPLOYMENT OPPTY/AFFIRMATIVE ACTION

General Requirement.  Fair treatment of applicants and employees will be assured in all aspects of personnel administration without regard to race, color, religion, sex, national origin, political affiliation, age, or handicap and with proper regard for their privacy and constitutional rights as citizens.  This "fair treatment" principle includes compliance with the federal equal employment opportunity and nondiscrimination laws.

(1)           Equal Employment Opportunity:

(a)           Requirement.  Equal employment opportunity will be assured for all persons.

(b)           Requirement.  Prohibitions against discrimination consistent with the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967 as amended, the Rehabilitation Act of 1973 as amended, and other relevant statutes will be established and enforced.

(c)           Requirement.  Retaliation against those who protest alleged discrimination shall be prohibited.

(2)           Affirmative Action:

(a)           Requirement.  The governing body will adopt a written EEO/AA policy which clearly outlines the governing body's intent, actions and commitment in regard to EEO and AA.  This policy statement shall ensure greater utilization of all persons by identifying previously underutilized groups in the work force, such as women, minorities and the disabled, and making special efforts toward their recruitment, selection, appointment, promotion, development and upward mobility.

(b)           Requirement.  The jurisdiction shall develop and implement a continuing program of affirmative action in order to assure that all personnel policies and practices relevant to total employment in the jurisdiction will guarantee equal opportunity for all persons.  Also, sufficient resources should be devoted to adequately implement an affirmative action program.  The program should include:

(i)            Identification and elimination of artificial barriers to equal employment opportunity.

(ii)           Work force analysis to determine whether percentages of minorities and women employed in various job categories are substantially similar to percentages of those groups available in the relevant labor force.  Where underrepresentation occurs, employment procedures will be analyzed to determine the cause.

(iii)          Development of a systematic action plan, with goals and timetables, formulated to correct any substantial disparities or other problems identified in the work force and employment analysis.

(iv)          Periodic evaluation of results to assess the effectiveness of the affirmative action programs in achieving affirmative action goals on a timely basis.  The affirmative action plan should be updated at least every two years.

(c)           Requirement.  Management and supervisory personnel shall be evaluated for progress toward affirmative action goals.

(3)           Workforce Relations Requirement.  Personnel administration within the jurisdiction will conscientiously recognize the dignity and value of the individual employee and promote means of communications, participation and understanding among all employees.

 

History Note:        Authority G.S. 126‑11;

Eff. August 3, 1992.