46a-68-36

Regulations of Connecticut State Agencies


Sec. 46a-68-36. Assignment of responsibility

(a) The ultimate responsibility for promoting and enforcing affirmative action rests with the appointing authority, who shall account for the success or failure of the plan.

(b) Subject to the provisions of Chapters 67 and 68 of the Connecticut General Statutes, the appointing authority may assign to any employee such duties and responsibilities necessary for the development and implementation of the affirmative action plan. To acquaint employees with their specific responsibilities under the plan, the appointing authority shall schedule regular meetings that emphasize:

(1) human relations and intergroup relations;

(2) nondiscriminatory employment practices;

(3) the legal authority for affirmative action and the appointing authority's commitment thereto;

(4) review of the affirmative action plan; and

(5) identification of obstacles in meeting the goals of the plan.

(c) Each agency shall designate a full-time or part-time affirmative action officer.

The affirmative action officer shall report directly to the appointing authority on all matters concerning the plan and shall have access to all records and personnel necessary for the effective performance of his or her duties. Affirmative action officers shall, at a minimum:

(1) develop, maintain and monitor the agency affirmative action plan;

(2) initiate and maintain contact with recruiting sources and organizations serving members of protected classes; and

(3) inform the agency of developments in affirmative action law.

(d) Each agency of 100 or more employees shall consider the feasibility of establishing an employee advisory committee. The committee, if established, may consider any matter appropriate to the development and implementation of the affirmative action plan. Members of the committee may be appointed by the appointing authority, in consultation with the affirmative action officer or other individual, or elected by the employees at large. The committee should include representatives from a geographical, occupational category and protected class cross-section of the work force. Subject to Chapters 55 and 68 of the Connecticut General Statutes, the committee shall have access to agency records necessary for the effective performance of its duties.

(e) Each agency shall evaluate and monitor the affirmative action performance of any employee assigned affirmative action responsibilities. Subject to Chapters 67 and 68 of the Connecticut General Statutes, such performance shall be considered in promotion and merit increase decisions, and the plan shall so state.

(f) No employee shall be coerced, intimidated or retaliated against by the agency or any person for performing any of the duties recited in this section. Any person so aggrieved may file a complaint with the commission on human rights and opportunities, provided that nothing herein shall preclude an agency from disciplining or discharging an employee for just cause.

(g) The agency shall maintain a record of each person performing any duty related to the development or implementation of the affirmative action plan by name; job title, percentage of time devoted to affirmative action duties; and outline specific responsibilities. If the affirmative action officer performs other duties, the plan will identify such duties.

(h) The agency shall maintain a record of each member of the employee advisory committee, identified by name; race; sex; position or position classification; and percentage of time devoted to such duties. Copies of all committee meeting minutes, recommendations made to the affirmative action officer, including whether the recommendations were accepted or rejected by the agency, shall be likewise retained. If the agency determines that an employee advisory committee is unnecessary to the development or implementation of the affirmative action plan, the plan shall state the basis for such conclusion.

(i) The plan shall indicate what steps the agency has taken to satisfy the requirements of this section and shall include all comments and recommendations made by the employee advisory committee.

(Effective September 21, 1984)