89 Ill. Adm. Code 308.40
Affirmative Action and Civil Rights Compliance
Section 308
Section 308.40 Affirmative
Action and Civil Rights Compliance
a) Affirmative Action Exhibits
The Department requires all purchase of service providers to
file semiannual affirmative action exhibits with the Department's administrator
responsible for affirmative action as required in their contract with the
Department.
b) Civil Rights Compliance Review
1) Purchase of service providers will be subject to periodic
civil rights compliance reviews conducted by the Department or other
appropriate governmental agencies. Such review will be conducted whenever, a
report, complaint, or any other information indicates a possible failure to
comply with nondiscrimination requirements.
2) In instances where there is a preliminary finding of
noncompliance, a reasonable period will be granted to allow the provider to
comply. If the provider fails to make a good faith effort to achieve compliance
during the period granted, the purchase of service contract shall be
terminated.
3) The Department shall order a review when the Illinois
Department of Human Rights or the United States Equal Employment Opportunity Commission
issues a probable cause finding in response to a complaint.
4) If the results of a review indicate that discrimination has
occurred, the service provider will be requested to submit quarterly reports on
the status of employment or service delivery.
c) Workforce Analysis
A workforce analysis, as specified in the Purchase of Service
Contract, will be required from providers. Should the workforce analysis
reflect an underutilization of any of the protected classes (Blacks, Hispanics,
Native Americans, Asian Americans and women) in a particular job category or
classification, compared to what would reasonably be expected by their
presence, with requisite skills, in the labor market, the Department's
administrator responsible for affirmative action will make recommendations that
good faith efforts be made to correct this employment condition.