60L-33.007. Equal Employment Opportunity and Affirmative Action

(1) The Department shall assist agencies in ensuring equal employment opportunity. Toward this end, the Department shall:

(a) Provide technical assistance and training in agencies’ development and implementation of the affirmative action plan required by subsection 60L-33.007(4), F.A.C.

(b) Provide technical assistance and training in equal employment opportunity and affirmative action principles for agency supervisory employees. The Department may provide these services directly or contract for them, with each participating agency reimbursing the Department for costs incurred through such contract. Once the Department approves the content of any training program, the Department may delegate the training to the agency.

(c) Report to the Governor each year on the implementation, continuance, revision, and results of each agency’s affirmative action plan for the previous year. At the Department’s request, agencies shall provide information necessary for this report.

(2) Agencies shall not discriminate or take retaliatory action against an individual because that individual has opposed an unlawful employment practice or has made a charge, testified, or participated in any manner in an investigation, proceeding, or hearing relating to equal employment opportunity or affirmative action.

(3) Each agency shall conduct an analysis of its work force to determine whether underrepresentation exists, that is, whether the percentage of an EEO group within an occupation or an EEO job category is lower than the corresponding percentage in the available labor market. If underrepresentation exists, the agency shall establish annual affirmative action goals in an effort to achieve full utilization of EEO groups underrepresented in its work force.

(4) Each agency shall develop and implement a written plan to promote equal employment opportunity and to meet the agency’s established affirmative action goals. The plan shall include the following elements:

(a) Effective date of the plan and the time period that it covers.

(b) Signature of agency head and EEO/AA officer.

(c) EEO/AA officer information.

(d) Policy statement concerning an internal agency complaint procedure, which procedure shall include provisions to advise employees of the procedure and to prohibit retaliation for employing the procedures.

(e) Description of agency organization.

(f) A list of the supervisory personnel to receive training and a schedule for such training.

(g) Work force analysis, which shall include:

1. Statistical comparison of current work force with available labor market in the relevant geographic recruitment area.

2. Previous year’s goals and a statement as to whether these goals were met.

3. Measurable goals for the applicable time period for all EEO job categories with underrepresentation. Measurable goals may also be established in occupations with underrepresentation.

4. Recommendations for corrective action, where necessary.

Specific Authority 110.1055, 110.112(2), 110.112(2)(a), 110.1221, 110.201(1)(a) FS. Law Implemented 110.105(2), 110.112(1), 110.1221, 110.233(1), 110.403(1)(h), 110.605(1)(d) FS. History–New 1-1-02, Amended 4-3-03.