Article 3 - Equal Employment Opportunity and Affirmative Action

1-3-1. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-3-2. This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 1994 Supp. 75-3747, implementing K.S.A. 75-2956a; effective May 1, 1979; amended Dec. 17, 1995; revoked June 5, 2005.)

1-3-3. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-3-4. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-3-5. Definitions. (a) “Affirmative action” means a deliberate and sustained effort to identify and eliminate barriers to the employment and advancement of females and minorities. The purpose of affirmative action initiatives shall be to achieve, at all levels, a state government workforce whose composition with respect to female and minority employees approximates the composition of the available, qualified state resident workforce.
(b) “Affirmative action plan” means a written, results-oriented plan detailing the steps that an appointing authority will take to achieve a workforce whose composition with respect to female and minority employees approximates the composition of the available, qualified state resident workforce.
(c) “Equal employment opportunity” means the administration of the civil service personnel system in a manner that promotes the right of all persons to work and to advance on the basis of merit and ability without regard to race, religion, color, sex, national origin, age, disability, military or veteran status, or political affiliation, except as otherwise provided by law.
(d) “Minority,” means a group differing in race or ethnic background from the majority of the available, qualified state workforce, or a member of such a group.
(e) “Underutilization,” with respect to a workforce, means a condition in which the percentage of female or minority employees is less than the percentage of females or minorities in the available, qualified state workforce. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-2925, 75-2941, 75-3707, and 75-3746; effective Jan. 12, 2007.)

1-3-6. Equal employment opportunity; affirmative action. In a manner that is consistent with K.S.A. 75-2925 and amendments thereto, each appointing authority shall take the following steps: (a) Each appointing authority shall implement programs and policies designed to promote equal employment opportunity and shall implement an affirmative action plan to identify whether areas of underutilization exist. If areas of underutilization are identified, the appointing authority shall initiate programs designed to address the underutilization.
(b) Each appointing authority shall establish any goals and target dates necessary to effectuate agency-level and statewide affirmative action plans.
(c) Each appointing authority shall ensure that complete and accurate applicant and employment records and statistics are maintained that provide information for the evaluation and analysis of current and past employment practices with respect to affirmative action. Each appointing authority shall provide this data to the director in the manner and on the forms required by the secretary. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-2925, 75-2941, 75-3707, and 75-3746; effective Jan. 12, 2007.)