§ 36-4-26.1. Supplemental certification in the civil service — Expanded certification for equal
opportunity and affirmative action.
(a) To eliminate the overall adverse impact of systemic barriers to the employment of
minorities as a protected class, the office of personnel administration shall provide
all appointing authorities the necessary flexibility to remedy the effects of systemic
discriminatory practices. Supplemental certification does not guarantee employment
of protected classes. It guarantees the appointing authority increased opportunities,
where possible, to appoint qualified employees from an expanded eligibility list whenever
a department can demonstrate that there is statistical underrepresentation based on
demographic analysis, otherwise called a "manifest imbalance� elsewhere in this chapter.
(b) Wherever a manifest imbalance exists, as substantiated by the appointing authority
and certified by the equal opportunity administrator in conjunction with the state
personnel administrator, a supplemental certification list of minorities may be called
for in addition to the appropriate employment or promotion list, except in the following
instances:
(1) The absence of statistical data or reasonable evidence to show significant past discrimination,
patterns of possible discrimination, and/or adverse impact on the protected classes;
(2) The presence of at least one minority ranked among the three (3) persons standing
highest on the list of persons certified by the personnel administrator for the position
in question;
(3) The absence of any minorities on the appropriate eligibility list; or
(4) Any instance in which the department or agency is subject to a contradictory or inconsistent
court order.
(c) Supplemental certifications based on race or color as a protected class shall be made
by an appointing authority whenever:
(1) The appointing authority shall make requisition to fill one or more positions included
in the appointing authority's affirmative action plan on file with the equal opportunity
administrator;
(2) The equal opportunity administrator has made a written determination substantiating
that previous practices of the department and/or of the appointing authority with
respect to the filling of the position or positions have discriminated against minorities
in contravention of any provision of the Constitution of the United States or the
Constitution of Rhode Island, title VII of the federal Civil Rights Act of 1964 (42 U.S.C. § 2000e) or any other federal or state statute; and
(3) Eligible minorities have passed an examination for the classification being recruited
and/or other list deemed appropriate by the personnel administrator.
(d) At least seven (7) days prior to certifying names under this section, the appointing
authority shall post a notice of intention to do so in the offices of the personnel
administrator and of the equal opportunity administrator, and shall mail a copy of
the notice to the applicable union, if any, with instructions to post copies of the
notice at all locations where persons whose names may be certified under the provisions
of this section may, if employed, be assigned.
(e) In certifying names for appointment to a classification for which supplemental certification
is required, the personnel administrator shall include upon the applicable list the
names of six (6) persons certified pursuant to this section.