Program goals and timetables (Repealed)

(a) Where an agency has identified, under Sections 46a-68-43 (a) or 46a-68-43 (f), any employment policy or practice adversely affecting protected race/sex group members, the physically disabled or older persons, it shall develop and implement a program goal affirmatively utilizing the provisions of Chapter 67 of the Connecticut General Statutes to erase the disparity. To the extent that Chapter 67 of the Connecticut General Statutes confers authority on the department of administrative services, the agency shall notify, in writing, the department of administrative services of any adverse impact found and request assistance in establishing a goal to remove the adverse impact. (b) Where an agency has identified, under Section 46a-68-43 (b), any selection device having an adverse impact on protected race/sex group members, it shall, at a minimum, implement the specific program goals set out below by affirmatively utilizing the provisions of Chapter 67 of the Connecticut General Statutes. To the extent that Chapter 67 of the Connecticut General Statutes confers authority on the department of administrative services, the agency shall notify, in writing, the department of administrative services of any adverse impact found and goal established and request the department's affirmative assistance in realizing the goal established pursuant to this section. The department of administrative services shall affirmatively perform its duties under Chapter 67 of the Connecticut General Statutes to assist agencies in attaining the goals established pursuant to this section. The absence of such program goals shall be excused only if the agency has an approved bona fide occupational qualification application, as provided for in Section 46a-68-63, or where the agency demonstrates, and the commission finds, that such goals are contraindicated by sample size, statistical significance, technical feasibility or other compelling factor. The following goals are otherwise required under this subsection: (1) Adverse impact test no. 1. If Form 42B1, Line E indicates that the representation for any group in the applicant pool is less than eighty percent (80%) of its representation in the availability base in the relevant labor market area, the agency shall establish a program goal to intensify its recruitment efforts to attract more persons of disadvantaged groups as applicants, review the specifications for the position or position classification to assure that they accurately reflect the duties and responsibilities of the job or make a range of training opportunities available to any such disadvantaged group appearing on Line E. (2) Adverse impact test no. 2. If Form 42B2, Line L indicates that the pass rate for any group is less than eighty percent (80%) of the highest pass rate, the agency shall produce evidence that such examination is criterion valid. In the absence of such evidence, the agency shall request the state personnel division to professionally review the examination in question to assess its validity or devise a new examination. If such examination is found to be invalid, the agency shall adopt a program goal to discontinue use of the examination, and to request the personnel division to discontinue any employment list based in whole or in part upon the results of such test and construct a new valid examination. (3) Adverse impact test no. 3. If Form 43B3, Line S indicated that the interview rate for any race/sex group is less than eighty percent (80%) of the highest interview rate, the agency shall detail what efforts it has made or will take to reach protected groups on the employment or reemployment list and shall identify, as a program goal, a plan to do so. Additionally, the agency shall detail what efforts it has made or will take to preserve employment opportunity for such groups in the future and shall identify, as a program goal, a plan to make future hires from those disadvantaged groups appearing on the list. (4) Adverse impact test no. 4. If Form 43B4, Line F indicates that the hire rate for any race/sex group is less than eighty percent (80%) of the highest hire rate, the agency shall detail the reasons for its selection of each person hired and, as a program goal, critique its interview process to determine the viability of its procedure. (5) Adverse impact test no. 5. If Form 43B5, Line M indicates that the hire rate for any group is less than eighty percent (80%) of the highest hire rate, the agency shall, as a program goal, subject its hiring process to intense scrutiny to determine whether any factor in addition to or in conjunction with those identified in subparagraphs (1) through (4) above has contributed to the imbalance and, if so, devise appropriate remedial measures. (6) Adverse impact test no. 6. If Form 43B6, Line S indicates that the impact ratio for any race/sex group is less than 0.8, the agency shall provide evidence of substantial justification for the resulting disparity and shall provide, as a program goal, a plan to mitigate such results in the future. (c) In addition to any program goal adopted pursuant to subsections (a) or (b) herein, each agency shall carefully consider the feasibility of implementing one or more of the measures set out below to erase the disparity identified in Section 46a-68-43 of these regulations: (1) the establishment of recruitment and training programs pursuant to Section 5-200 (a) of the Connecticut General Statutes; (2) the creation or cancellation of positions or position classifications or the filling of vacancies therein; (3) continuous recruitment of applicants pursuant to Section 5-216 (b) of the Connecticut General Statutes; (4) the continuance or cancellation of employment lists pursuant to Section 5-216 (c) of the Connecticut General Statutes; (5) compensation for performance of duties of higher job classification in accordance with Section 5-209 of the Connecticut General Statutes; (6) extension of employment lists pursuant to Section 5-217 of the Connecticut General Statutes; (7) alteration of examination processes pursuant to Section 5-218 of the Connecticut General Statutes; (8) consideration of volunteer experience in partial fulfillment of training and experience requirements pursuant to Section 5-219a of the Connecticut General Statutes; (9) making open competitive appointments rather than promotional appointments, pursuant to Section 5-228 of the Connecticut General Statutes, where promotional appointments from the internal labor market area would perpetuate underutilization; (10) appointments pursuant to Section 5-234 (a) of the Connecticut General Statutes; (11) appointments pursuant to Section 5-234 (b) of the Connecticut General Statutes; (12) use of provisional, temporary, emergency and intermittent appointments pursuant to Section 5-235 of the Connecticut General Statutes in an affirmative manner; (13) merit promotion system appointments pursuant to Section 5-220 (b) of the Connecticut General Statutes; (14) special training courses for employees pursuant to Section 5-265 of the Connecticut General Statutes; (15) upward mobility training pursuant to Sections 4-61u and 4-61w of the Connecticut General Statutes; (16) use of job sharing arrangements and flex time; (17) day care; and (18) requests for review and alteration of job specifications where they have an adverse impact on protected classes. (d) The commission encourages agencies to consider, and may propose, alternatives in addition to those recited above to eliminate problem areas identified in Section 46a-68-43 of these regulations. (e) For each occupational category or position classification considered in Section 46a-68-43, the plan shall include: (1) a statement of the goals set pursuant to subsection (a) herein; (2) a statement of the goals adopted pursuant to subsection (b) herein or a request for exemption therefrom setting forth in detail why relief from imposition of a specific goal is sought; (3) a statement explaining the basis for acceptance or rejection of any of the measures set out in subsection (c) herein; (4) a timetable, not exceeding one year, for elimination or revision of the problem area; and (5) the name or names of each person to whom such responsibility is assigned, together with a synopsis of the duties each such person is to perform. (f) A proposed timetable in excess of one year shall be developed jointly with and approved by the commission. (g) Where the cooperation of another agency is essential to the implementation of a program goal, the agency shall keep a record of each instance of contact with the agency whose cooperation is requested and the outcome of the request. (h) An agency may elect to set program goals, or the commission may require that program goals be set, for any employment policy or practice not identified in Section 46a-68-42 having adverse impact upon a race/sex group or for any protected group not covered by this section.