§ 28-5.1-17. Utilization analysis.
(a)(1) The personnel administrator, in consultation with the equal employment opportunity
administrator, and the human resources outreach and diversity administrator within
the department of administration, shall annually conduct a utilization analysis of
positions within state government based upon the annual review conducted pursuant
to §§ 28-5.1-3 and 28-5.1-4.
(2) To the extent the analysis determines that minorities as currently defined in federal
employment law as Blacks, Hispanics, American Indians (including Alaskan natives),
Asians (including Pacific Islanders), are being underrepresented and/or underutilized,
the personnel administrator shall, through the director of administration, direct
the head of the department where the under-representation and/or under-utilization
exists to establish precise goals and timetables and assist in the correction of each
deficiency, to the extent permitted by law and by collective bargaining agreements.
(3) The initial analysis shall be directed toward service-oriented departments of the
state, state police, labor and training, corrections, children, youth and families,
courts, transportation, and human services.
(4) The equal employment opportunity administrator shall be consulted in the selection
process for all positions certified as underrepresented and/or underutilized and shall
report the results of progress toward goals to the governor and to the general assembly
by January 31 and July 31 of each year. A copy of these results which shall be referred
to the Rhode Island commission for human rights which may, in its discretion, investigate
whether a violation of chapter 5 of this title has occurred. The results shall be
a public record and shall be made available electronically on the secretary of state's
website.
(b)(1) In the event of a reduction in force, the personnel administrator, in consultation
with the equal employment opportunity administrator and director of the department(s)
where the reduction is proposed, shall develop a plan to ensure that affirmation action
gains are preserved to the extent permitted by law and by collective bargaining agreements.
A copy of this plan shall be referred to the Rhode Island commission for human rights
which may, in its discretion, investigate whether a violation of chapter 5 of this
title has occurred. The plan shall be a public record and shall be made available
electronically on the secretary of state's website.
(2) The equal employment opportunity administrator shall report the results of the plans
and their subsequent actions to the governor and to the general assembly by January
31 and July 31 of each year, to the Rhode Island commission for human rights. The
report shall be a public record and shall be made available electronically on the
secretary of state's website. Consistent with § 28-5.1-6, the Rhode Island commission for human rights shall have the power to order discontinuance
of any department or division employment pattern or practice deemed discriminatory
in intent or result by the commission.
(3) The equal opportunity administrator shall notify the commission of reports and results
under this chapter.