CHAPTER 12. AFFIRMATIVE ACTION OFFICE
IC 4-15-12
Chapter 12. Affirmative Action Office
IC 4-15-12-1
Definitions
Sec. 1. As used in this chapter:
"Affected class" means:
(1) minorities;
(2) women;
(3) persons with disabilities; and
(4) persons forty (40) years of age and older.
"Affirmative action policy" means the state's affirmative actionpolicy established in section 2 of this chapter.
"Persons with disabilities" means all persons who by reason ofphysical or mental disability are unable to achieve full vocationalparticipation.
"Minorities" means persons identified as Blacks, NativeAmericans, Asian Americans, and Hispanics.
"Office" means the Indiana affirmative action office created bythis chapter.
"State agency" means any department, agency, commission,division, authority, board, bureau, or office of the state under theexecutive authority of the governor, except any state educationalinstitution.
"Underutilization" means having fewer members of an affectedclass in a particular job category and classification than would bereasonably expected by their availability in the labor market for thatjob category and classification.
As added by P.L.12-1983, SEC.11. Amended by P.L.23-1993, SEC.2;P.L.2-2007, SEC.47; P.L.99-2007, SEC.9.
IC 4-15-12-2
Policy of state
Sec. 2. The state is committed to an affirmative action policy thatincludes the establishment of employment policies and conditionsthat ensure the elimination of underutilization of qualified membersof affected classes and the elimination of discrimination on the basisof race or color, religion, national origin or ancestry, age, sex, anddisability.
As added by P.L.12-1983, SEC.11. Amended by P.L.23-1993, SEC.3.
IC 4-15-12-3
Indiana affirmative action office; creation; director's duties
Sec. 3. There is created within the state personnel department theIndiana affirmative action office. The director of the departmentshall:
(1) appoint an affirmative action officer who shall direct theoffice; and
(2) employ the additional personnel necessary to carry out thefunctions of the office, which personnel are governed by
IC 4-15-2.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-4
Duties of officer
Sec. 4. In addition to the authority conferred upon the office byother sections of this chapter, the affirmative action officer shall:
(1) establish annually with each state agency reasonableaffirmative action goals, determine whether good faith effortshave been made to reach the established goals, and providetechnical assistance to each agency in developing the detailedprogram needed to reach the goals;
(2) assist in training activities by state and other agencies inaccordance with the affirmative action policy;
(3) conduct affirmative action training for state agencyappointing authorities, personnel officers, and affirmativeaction expediters; and
(4) provide technical assistance in the area of affirmative actionto state agencies for supervisory training and new employeeorientation.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-5
State agencies; plans and policy statements; review and approval;expediter
Sec. 5. (a) Each state agency shall annually establish anaffirmative action plan to implement the affirmative action policy.The affirmative action officer may permit a state agency with a smallnumber of employees to submit an affirmative action policystatement indicating its commitment to affirmative action, in lieu ofestablishing a plan. The affirmative action officer shall review andapprove or disapprove each plan or statement for effectiveness andcompliance with the affirmative action policy.
(b) Each state agency shall designate an affirmative actionexpediter for the agency to act under the supervision of theappointing authority.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-6
Implementation of policy
Sec. 6. The director of the state personnel department isresponsible for the implementation of the affirmative action policy.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-7
Duties of director of state personnel department
Sec. 7. The director of the state personnel department shall:
(1) create an overall affirmative action plan for all stateagencies;
(2) make changes in personnel procedures, rules, and programs
in support of the affirmative action policy;
(3) provide expeditiously such applicant and employee data andinformation as may be requested by the affirmative actionofficer; and
(4) report at least annually to the governor:
(A) the state agencies that have approved affirmative actionplans and those that do not have approved affirmative actionplans; and
(B) the progress made by state agencies in achievingaffirmative action goals and whether that progress issatisfactory or unsatisfactory.
As added by P.L.12-1983, SEC.11.
IC 4-15-12-8
Advisory committee
Sec. 8. (a) There is created the affirmative action advisorycommittee to assist in the effective implementation of the affirmativeaction policy. The committee is composed of eight (8) members. Thegovernor shall appoint the members of the committee with the adviceof the affirmative action officer. The members serve at the pleasureof the governor.
(b) A member of the committee is entitled to reimbursement fortraveling expenses and other expenses actually incurred inconnection with his duties, as provided in the state travel policies andprocedures established by the department of administration andapproved by the state budget agency. A member who is not an officeror employee of the state is entitled to the minimum salary per diemas provided in IC 4-10-11-2.1(b) while performing his duties.
(c) The committee shall select from its membership a chairpersonand vice chairperson to serve for one (1) year from the date ofselection. They may be reelected at the pleasure of the committee. Inany instance where the chairperson or vice chairperson does notserve his full term, the committee shall select another to serve in hisown right a full term.
(d) The affirmative action advisory committee shall:
(1) provide liaison activities with the affirmative action officerwith respect to problems and suggestions concerning theaffirmative action policy;
(2) advise the affirmative action officer and the governor ofrecommended changes in the implementation of the affirmativeaction policy and improved guidelines for state agencyprograms; and
(3) advise the governor and the affirmative action officerconcerning the effectiveness and status of the totalimplementation of the affirmative action policy.
(e) The affirmative action advisory committee may review theaffirmative action programs of state agencies for effectiveness andimprovements.
As added by P.L.12-1983, SEC.11.