§ 90110. Nondiscrimination and Affirmative Action.
22 CA ADC § 90110Barclays Official California Code of Regulations
22 CCR § 90110
§ 90110. Nondiscrimination and Affirmative Action.
(a) Area agencies shall take affirmative action to ensure that employees and applicants for employment are not discriminated against on the basis of their race, color, religion, creed, national origin, sex, age, or physical or mental handicap, or any other factors which may unlawfully place an individual or group at a disadvantage while employed or while seeking employment. Such affirmative action shall include, but not be limited to, the following:
(3) An accessibility review-report prepared by the Mobility Barriers Section of the Department of Rehabilitation or by an appropriate local organization certified by this section. An acceptable defense for failure to meet the requirement of this paragraph is the Department of Rehabilitation's failure to compile such a report.
(11) A work force analysis which identifies for each job title or classification the total number of male and female incumbents in each of the following groups: Blacks, Spanish-Speaking/Spanish Surname, American Indians, Asian and Pacific people (specify), Filipinos, the handicapped, and others. An analysis shall include an explanation if minorities, women, or handicapped persons are currently being under-utilized in any one or more job classifications.
(12) Employment goals which are attainable and which are designed to achieve timely results with respect to the employment deficiencies identified in the workplace analysis. Such goals and timetable with supporting data and the analysis thereof shall also be a part of the area agency's written affirmative action plan and shall be available to the public at the area agency office.
(d) Area agency affirmative action plans shall establish a mechanism for the prompt investigation and resolution of all complaints of discrimination in employment practices. Initial attempts at resolution should take place at the area agency. The area agency shall make this complaint process available to all employees or applicants for employment. The complainant shall have the right of appeal from the local decision to the Civil Rights Office of the Office. The area agencies shall, subject to the approval of the Office, establish procedures under which complainants are informed of their rights to file a complaint alleging discrimination in either employment or service in violation of their civil rights with the Office. This notice shall be posted in the languages of significant numbers (5% or more) of the population residing in the area. Complaints nor resolved at the area agency level alleging discrimination in employment by the area agency because of race, color, national origin, creed, sex, age, or physical or mental handicap, will be resolved by the Office's Affirmative Action Complaint Process.
(e) If the area agency has not developed an acceptable affirmative action plan, the Civil Rights Officer shall notify the Director. The Director will declare the area agency's affirmative action plan non-responsive and notify the Council. If the area agency fails to show good cause for its failure or fails to remedy that failure by developing and implementing an acceptable action plan, the Office shall take appropriate action.
Credits
Note: Authority cited: Section 437.6, Health and Safety Code. Reference: Section 437.7, Health and Safety Code.
History
1. New section filed 12-8-76 as an emergency; effective upon filing (Register 76, No. 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No. 11).
3. Amendment of subsection (c) filed 1-11-82; effective thirtieth day thereafter (Register 82, No. 3).
4. Amendment filed 10-14-83; designated effective 10-17-83 pursuant to Government Section Code 11346.2(d) (Register 83, No. 42).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 90110, 22 CA ADC § 90110
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