Identification of problem areas (Repealed)

(a) Where an occupational category, position classification within an occupational category employing a significant number of persons or position classification for which a separate availability base is calculated has experienced an increase or reduction in force (see Form 42A1, Line C), the agency shall examine its personnel policies and practices to identify those nonquantifiable aspects of the employment process which may impede or prevent the full and fair participation of protected race/sex group members in the employment process. Where applicable, the following aspects of employment should be addressed: (1) employment applications; (2) job qualifications; (3) job specifications; (4) recruitment practices; (5) personnel policies; (6) job structuring; (7) orientation; (8) training; (9) counseling; (10) grievance procedure; (11) evaluation; (12) layoffs; and (13) termination. The agency should address such other and further aspects of the employment process peculiar to the occupational category or position classification at issue that cause or may contribute to underutilization. (b) Where an occupational category, position classification within an occupational category employing a significant number of persons or position classification for which a separate availability base is calculated has experienced an increase or reduction in force (see Form 42A1, Line C), the agency shall conduct adverse impact tests to determine whether any quantifiable aspect of the employment process has substantially disadvantaged members of a protected race/sex group. Ordinarily, a selection rate for any group less than eighty percent (80%) of the selection rate for the group with the highest rate is substantially different for the purpose of Sections 46a-68-31 through 46a-68-74, inclusive, and constitutes adverse impact. Adverse impact tests (see Form 43B series) for data contained in the Applicant Flow Analysis (see Form 42A2 data) and Employment Process Analysis (see Form 42A1 data) shall be conducted in the following manner: (1) Adverse impact test no. 1. On Form 43B1, the qualified applicant pool for each race/sex group shall be compared to the availability of that group in the relevant labor market area for employment. To do so: A. enter the Work Force Parity % (see Form 40A, Line B) for each race/sex group on Line B; B. multiply each figure by 0.8 and enter the result on Line C; C. convert each number shown on Form 42A2, Line I to a percentage by dividing the number for each race/sex group by the Grand Total (see Form 42A2, Line I, Column 1), multiply by 100% and enter the results on Line D; and D. compare Line D with Line C for each race/sex group and indicate by asterisk (*) on Line E those instances where the figure on Line C exceeds that on Line D. (2) Adverse impact test no. 2. On Form 43B2, the passing rate for each race/sex group passing the examination shall be compared to the rate for the same group taking the examination. To do so: (A) enter the No. Passing Examination (see Form 42A2, Line K) on Line H and the No. Taking Examination (see Form 42A2, Line J) on Line I; (B) divide each number on Line H by the corresponding figure for each race/sex group on Line I and enter the quotient on Line J; (C) locate the highest passing rate on Line J, multiply this number by 0.8 and enter the resulting figure on each cell on Line K; and (D) compare Line J with Line K for each race/sex group and indicate by asterisk (*) on Line L those instances where the figure on Line K exceeds that on Line J. (3) Adverse impact test no. 3. On Form 43B3, the interview rate for each race/sex group shall be compared to the rate for the same group on the employment or reemployment list. To do so: (A) enter the No. Interviewed (see Form 42A2, Line O) on Line O and the No. Eligible (see Form 42A2, Line K) for each race/sex group on Line P; (B) divide each number on Line O by the corresponding figure for each race/sex group on Line P and enter the quotient on Line Q; (C) locate the highest interview rate on Line Q, multiply this number by 0.8 and enter the resulting figure in each cell on Line R; and (D) compare Line Q with Line R for each race/sex group and indicate by asterisk (*) on Line S those instances where the figure on Line R exceeds that on Line Q. (4) Adverse impact test no. 4. On Form 43B4, the hire rate for each race/sex group shall be compared to the interview rate for the same group. To do so: (A) enter the No. Hired (see Form 42A2, Line S) on Line B and the No. Interviewed (see Form 42A2, Line O) on Line C; (B) divide each number on Line B by the corresponding figure for each race/sex group on Line C and enter the quotient on Line D; (C) locate the highest hiring rate on Line D, multiply this number by 0.8 and enter the resulting figure in each cell on Line E; and (D) compare Line D with Line E for each race/sex group and indicate by asterisk (*) on Line F those instances where the figure on Line E exceeds that on Line D. (5) Adverse impact test no. 5. On Form 43B5, the hire rate for each race/sex group shall be compared to the rate for the same group in the applicant pool. To do so: (A) enter the No. Hired (see Form 42A2, Line S) on Line I and the No. Applied (see Form 42A2, Line I) on Line J; (B) divide each number on Line I by the corresponding figure for each race/sex group on Line J and enter the quotient on Line K; (C) locate the highest hiring rate on Line K, multiply this number by 0.8 and enter the resulting figure in each cell on Line L; and (D) compare Line K with Line L for each race/sex group and indicate by asterisk (*) on Line M those instances where the figure on Line L exceeds that on Line K. (6) Adverse impact test no. 6. On Form 43B6, the reduction in force rate for each race/sex group shall be compared to the rate for the group least affected by the personnel action. To do so: (A) enter the No. Reduced (see Form 42A1, Lines K through P, inclusive) on Line P; (B) calculate the rate of reduction for each race/sex group by dividing the number for each group on Line P by the number for the same group on Form 42A1, Line B and enter the quotient on Line Q; (C) calculate the impact ratio by dividing the reduction rate for the group with the lowest rate on Line Q by the reduction rate for each other race/sex group on Line Q and enter the quotient on Line R; and (D) indicate by asterisk (*) each instance where the figure on Line R is less than 0.8 on Line S. (c) The department of administrative services shall facilitate the dissemination of information required for the indentification of problem areas and shall take all steps necessary to assure that each agency is provided with complete and accurate information. (d) For each occupational category or job title examined in subsection (a) herein, the plan shall itemize all nonquantifiable elements of the employment process that have been identified as a problem area. (e) For each occupational category or job title examined in subsection (b) herein, the agency shall attach Forms 43B1-3 and 43B4-6. (f) Each agency shall examine all aspects of the employment process itemized in subsection (a) herein to identify whether any employment policy or practice may impede or prevent the full and fair participation of the physically disabled and older persons in the work force.