CHAPTER: 500

PERSONNEL/HUMAN RESOURCES


OPR:
DIR

DEPARTMENT ORDER MANUAL

DEPARTMENT ORDER: 502

EQUAL OPPORTUNITY

 SUPERSEDES:
DO 502 (9/1/96)
EFFECTIVE DATE:
November 17, 2000

TABLE OF CONTENTS

PURPOSE
PROCEDURES
APPLICABILITY
502.01 DEVELOPMENT OF THE EQUAL OPPORTUNITY PLAN
502.02 COMPLIANCE WITH THE EQUAL OPPORTUNITY PLAN
DEFINITIONS
AUTHORITY

PURPOSE

The purpose of this Department Order is to explain the Department's plan to ensure that qualified persons are recruited, selected and employed without regard to race, color, sex, religion, national origin, age, disability status, disabled veteran status, veteran status or political affiliation, unless exceptions are made because of bona fide occupational qualifications.

APPLICABILITY

This Department Order is not applicable to Private Prisons. Private Prisons shall adhere to the Equal Opportunity requirements of their contract.

PROCEDURES

502.01 DEVELOPMENT OF THE EQUAL OPPORTUNITY PLAN - The Equal Opportunity Administrator shall, in consultation with executive staff, develop and maintain the Department's Equal Opportunity Plan.

502.02 COMPLIANCE WITH THE EQUAL OPPORTUNITY PLAN

1.1 Deputy Directors, Assistant Directors, Regional Operations Directors, Regional Health Administrators, Wardens, Deputy Wardens, Administrators, Bureau Administrators and hiring authorities shall:

1.1.1 Ensure that all personnel transactions are based upon merit principles, without regard to race, color, sex, religion, national origin, age, disability, disabled veteran status, veteran status or political affiliation, unless exceptions are made because of bona fide occupational qualifications.

1.1.2 Apply exceptions to merit principles in the selection of employees in certain uncovered positions, when necessary and reasonable to do so in compliance with the Department's Equal Opportunity Plan.

1.1.3 Comply with hiring and promotion goals outlined in the Department's Equal Opportunity Plan.

1.2 Hiring authorities shall, for each vacancy when an applicant/employee is hired, transferred or promoted to the vacant position:

1.2.1 Complete a Hiring List Supplement, Form 504-1P (except when it is a position filled by the Recruitment Unit for Selection and Hiring (RUSH) or the Central Promotional Register).

1.2.2 Forward the completed Hiring List Supplement and a copy of the hiring list to their Deputy Director or Assistant Director prior to the effective date of the personnel transaction.

1.3 Deputy Directors and Assistant Directors shall, after review and signature, forward the Hiring List Supplement and a copy of the hiring list to the Equal Opportunity Administrator.

DEFINITIONS

BONA FIDE OCCUPATIONAL QUALIFICATIONS - Defensible requirements for a position that are actual qualifications for performing the job, e.g., medical/physical standards, age, religion, sex or national origin. Bona Fide Occupational Qualifications are clearly announced, in writing, to all applicants for the position.

EMPLOYMENT DISCRIMINATION - Any personnel transaction/employment decision that has an adverse effect, whether intentional or unintentional, on a member of a protected group under the law (race, color, sex, religion, national origin, disabled veteran status, age, disability status, veteran status or political affiliation).

EQUAL OPPORTUNITY ADMINISTRATOR - A position assigned to the Director's Office in which the incumbent coordinates all EEO matters.

EQUAL EMPLOYMENT OPPORTUNITY (EOL) LIAISON - Staff members designated by Deputy Directors, Assistant Directors, Regional Operations Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators to be the Equal Opportunity Administrator's liaison for local EEO issues and complaints.

EQUAL OPPORTUNITY PLAN - The Department's agreement to comply with the Equal Opportunity guidelines established by the Governor's Office of Equal Opportunity.

HIRING AUTHORITY - Individuals who offer employment to qualified applicants.

PERSONNEL TRANSACTION (EMPLOYMENT DECISION) - A decision made or action taken regarding an employee, including but not limited to recruitment, hiring, placement, reclassification, training, licensing, transfer, promotion, demotion, rates of pay, layoff, termination, or reinstatement.

AUTHORITY

A.R.S. 41-1643 et seq, Discrimination because of Race, Color, Religion, Sex, Age, Handicap or National Origin; Unlawful Practices of Employers, Employment Agencies and Labor Organizations; Exceptions; Definition.

U.S. Civil Rights Act of 1964, Title VII, 703, as amended, 42 U.S.C. 2000e-2.

28 CFR, Part 36; 29 CFR, Parts 1602, 1627 and 1630, The Americans With Disabilities Act of 1990 (ADA).

29 CFR, Chapter 14, Part 1607, Uniform Guidelines on Employee Selection Procedures (1978), et seq.

A.A.C. R2-5-701., Grievance System.

A.A.C. R2-5-702., Grievance Procedures.

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