Definitions (Repealed)

As used in Sections 46a-68-31 to 46a-68-73, inclusive, of these regulations: (a) "Adverse impact" means a substantially different rate of selection, generally a selection rate for any group less than four-fifths (4/5) of the rate for the group most favored by the selection device. Smaller differences in selection rate may nevertheless constitute adverse impact where they are significant in a statistical and practical sense or where any group has been discouraged by the user's actions. Greater differences in selection may not constitute adverse impact where the differences are based upon small samples and are not statistically meaningful or where special recruiting or other programs cause the pool of candidates to be atypical of the normal pool of applicants from that group. Where the user's evidence concerning the impact of a selection device indicates adverse impact but is based upon numbers which are too small to be reliable, evidence concerning the impact of the procedure over a longer period of time and/or evidence concerning the impact which the selection procedure had when used in the same manner in similar circumstances elsewhere may be considered in determining adverse impact. Where the user has not maintained full and accurate data on adverse impact, the commission may draw an inference of adverse impact with regard to a job or occupational category, if the user has an underutilization of a protected group in the job in question or in the occupational category to which the job has been placed pursuant to Section 46a-68-37, when compared to the protected group's representation in the relevant labor market area. (b) "Affirmative action" means positive action, undertaken with conviction and effort, to overcome the present effects of past practices, policies or barriers to equal employment opportunity and to achieve the full and fair participation of women, Blacks and Hispanics and any other protected group found to be underutilized in the work force or affected by policies or practices having an adverse impact. (c) "Affirmative action plan" or "plan" means a detailed, result-oriented set of procedures, prepared and approved in accordance with Section 46a-68 of the Connecticut General Statutes, as amended by Section 12 of Public Act 83-569 and Section 1 of Public Act 84-41, and Sections 46a-68-31 through 46a-68-74, inclusive, which blueprints a strategy to combat discrimination and achieve affirmative action. (d) "Agency" means each state agency, department, board and commission listed in the filing schedule appended hereto as Appendix A. (e) "Applicant" means a person applying for employment with an agency or having an application for employment on file with the department of administrative services or an agency for admission to a test used to establish an employment list for appointment to a position or position classification. (f) "Appointing authority" means a board, commission, officer, commissioner, person or group of persons having the power to make appointments by virtue of a statute or by lawfully delegated authority. (g) "Availability base" means the number of persons in a labor market currently possessing skills, abilities and qualifications necessary for the performance of a job or reasonably capable of acquiring in a reasonable period of time the requisite skills through training. (h) "Blindness" refers to central visual acuity not exceeding 20/200 in the better eye with correcting lenses, or a visual acuity not greater than 20/200 accompanied by a limitation in the fields of vision such that the widest diameter of visual field subtends an angle no greater than twenty (20) degrees. (i) "Bona fide occupational qualification" means a job qualification based upon race, color, religious creed, age, sex, marital status, national origin, ancestry, present or past history of mental disorder, mental retardation, or physical disability including but not limited to blindness, such that no member of a protected class excluded is capable of performing the tasks required by the job. (j) "Commission" refers to the commission on human rights and opportunities created by Section 46a-52 of the Connecticut General Statutes as amended by Section 9 of Public Act 83-569. (k) "Commission complaint" means an action initiated under Section 46a-82 (b) or (c), as amended by Section 13 of Public Act 83-569 of the Connecticut General Statutes or Section 46a-68-71 to enforce the provisions of any state or federal antidiscrimination or affirmative action law. (l) "Compliance" means conformity with the requirements set forth in Section 46a-68 of the Connecticut General Statutes, as amended by Section 12 of Public Act 83-569 and Section 1 of Public Act 84-41, and regulations promulgated thereunder. (m) "Criterion validity" means a demonstration by empirical data showing that a selection procedure is predictive of or significantly correlated with important elements of work behavior as defined in Sections 5B and 14B of the United States Equal Employment Opportunity "Uniform Guidelines on Employee Selection Procedures (1978)." (n) "Discriminatory practice" means any discriminatory practice as defined in Section 46a-51 (8) of the Connecticut General Statutes unless the context indicates a more specific definition. (o) "Employee" means any person holding a position in state service subject to appointment by an appointing authority. (p) "Employment analyses" means a review of the employment process to identify potential barriers to equal employment opportunity and affirmative action in the form of four separate analyses as required by Section 46a-68-42. (q) "Employment list" means the list of the names of persons arranged in the order of merit as determined under the provisions of Chapter 67 of the Connecticut General Statutes and regulations issued in accordance therewith, which persons have been found qualified through suitable tests for employment. (r) "Equal employment opportunity" means employment of individuals without consideration of race, color, religious creed, age, sex, marital status, national origin, ancestry, mental retardation, physical disability or prior conviction of a crime, unless the provisions of Sections 46a-60 (b), 46a-80 (b) or 46a-81 (b) of the Connecticut General Statutes are controlling or there is a bona fide occupational qualification excluding persons in one of the above protected groups. Equal employment opportunity is the purpose and goal of affirmative action under Sections 46a-68-31 through 46a-68-74. (s) "Employment test" or "test" means an assessment device or technique yielding scores designed to determine the fitness of, and rank candidates in order of fitness for, a given position, position classification, positions or position classifications and shall also include a device or technique utilized pursuant to Section 5-216 (b) of the Connecticut General Statutes. (t) "Full-time employee" means an employee in a position normally requiring thirty-five hours or more of service in each week for an entire calendar year or longer. (u) "Goal" means a hiring, promotion, program or other objective that an agency strives to obtain. (v) "Good faith effort" means that degree of care and diligence which a reasonable person would exercise in the performance of legal duties and obligations. At a minimum, it includes all those efforts reasonably necessary to achieve full compliance with the law. Further, it includes additional or substituted efforts when initial endeavors will not meet statutory or regulatory requirements. Finally, it includes documentary evidence of all action undertaken to achieve compliance, especially where requirements have not or will not be achieved within the allotted time frames. (w) "Job" or "job title" means any office, position or position classification in state service. (x) "Labor market" or "labor market area" means, in the case of an original appointment or promotion by original appointment to the classified or unclassified service, a geographical area from which an agency may reasonably recruit or expect to recruit employees or, in the case of a promotional appointment from within the agency or from a statewide employment, reemployment or transfer list, the office(s), position(s), position classification(s), employment, reemployment or transfer list from which the promotional appointment is or may be made, regardless of whether such promotional appointment is to the classified or unclassified service. (y) "Long term timetable" means a period of time greater than one year but not exceeding five years. (z) "Occupational category" means an office, offices, position, positions, position classification, position classifications or any combination thereof, grouped by job content or primary occupational activity into categories according to instructions contained in paragraph 3 of the appendix to the United States Equal Employment Opportunity Commission (EEOC), Form 164, State and Local Government Information Report (EEO-4); paragraph 2 of the appendix to EEOC Form 168B, Secondary Staff Information (EEO-5); or paragraph 5 of the appendix to EEOC Form 221, Higher Education Staff Information (EEO-6). (aa) "Office" means any position or position classification in state service established by statute, including appointing authorities, except those job titles set out in Sections 5-198 (a) through (c), inclusive, of the Connecticut General Statutes and members of boards and commissions. (bb) "Original appointment" means an appointment to a position or position classification made in accordance with Section 5-228 (d) of the Connecticut General Statutes and, for the purpose of Sections 46a-68-31 through 46a-68-74, inclusive, appointments to the unclassified service. (cc) "Overutilization" means a condition where the percentage of representation of a protected class in the work force, occupational category, or job title exceeds the percentage of such persons in the availability base as determined in accordance with Section 46a-68-40. (dd) "Parity" means a condition where the percentage of the representation of a protected class in the work force, occupational category, or job title equals the percentage of such persons in the availability base as determined in accordance with Section 46a-68-40. (ee) "Part time and other employees" means an employee in a position or position classification normally requiring less than thirty-five hours of service in each week or requiring thirty-five hours or more of service in each week for less than a calendar year. (ff) "Physical disability" refers to any chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to blindness, epilepsy, deafness or hearing impairment or reliance on a wheelchair or other remedial appliance or device. (gg) "Position" means a group of duties and responsibilities currently assigned or designed by competent authority to require the services of one employee. (hh) "Position classification" means a group of positions within an agency sufficiently similar in respect to the duties, responsibilities and authority thereof that the same title may be used to designate each position allocated to the classification; that similar requirements as to education, experience, capacity, knowledge, proficiency, ability and other qualifications shall be required of the incumbents; that similar tests of fitness may be used to choose qualified employees; and that the same schedule of compensation may be made to apply with equity. (ii) "Promotional appointment" means an appointment to a position or position classification made in accordance with Section 5-228 (b) or (c) of the Connecticut General Statutes and, for the purpose of Sections 46a-68-31 through 46a-68-74, inclusive, appointments to the unclassified service. (jj) "Protected class" or "protected group" means those classes or groups of persons specified in and protected by applicable state or federal antidiscrimination laws, except that, for affirmative action purposes, the limitations set forth in section 46a-61 of the Connecticut General Statutes shall apply. (kk) "Race/sex" or "race/sex group" means the following groups of persons: white males, black males, Hispanic males, other males, white females, black females, Hispanic females and other females. (ll) "Short term timetable" means a period of one year. (mm) "Timetable" means a period of time in which a goal is to be achieved. (nn) "Unclassified service" means any office or position in the state service enumerated in Section 5-198 (d) and (g) through (u), inclusive, or otherwise expressly provided by statute. (oo) "Underutilization" means a condition where the percentage of representation of a protected class in the work force, occupational category or job title is less than the percentage of such persons in the availability base as determined in accordance with Section 46a-68-40. (pp) "Upward mobility" means, at a minimum, a program designed in conformity with Section 4-61u of the Connecticut General Statutes and guidelines issues pursuant to Section 4-61t of the Connecticut General Statutes. (qq) "Utilization analysis" means a comparison between the race/sex composition of the work force, occupational category or job title with the availability base of such persons in the relevant labor market area. (rr) "Work force analysis" means a comprehensive inventory of all employees by race/sex, job title and occupational category.