KEY OFFICIALS RESPONSIBLE FOR THE AFFIRMATIVE ACTION PLAN
Names of Responsible
Officials:
Chief Administrative Law Judge Raymond R.
Krause
Court Administrator AnnMarie
O’Neill
Affirmative Action Officer LeeAnn
M. Shymanski
Americans with Disabilities Act (ADA) Coordinator LeeAnn M. Shymanski
Personnel Aide Michele
Lardani
I. Chief Administrative Law Judge
Responsibilities: The Chief Administrative Law Judge has the final
responsibility for the success of the Office's Affirmative Action Plan and for
compliance with the Americans with Disabilities Act.
Duties: The
Chief Administrative Law Judge shall appoint the Court Administrator to
develop, administer, and implement the Office's Affirmative Action Plan.
Accountability: The Chief Administrative Law Judge is directly responsible
to the Governor and the State Commissioner of Minnesota Management and Budget
for the success of the plan and is indirectly responsible to the State Office
of Diversity and Equal Opportunity Director.
II. Court
Administrator
Responsibilities: The Court Administrator formulates the
affirmative action policy, develops affirmative action procedures, and shares
responsibility for the success of the plan with the Chief Administrative Law
Judge.
Duties: To supervise administrative
aspects of the plan.
To
approve and monitor all revisions and changes in the Office's Affirmative
Action Plan.
To
provide administrative support to the Affirmative Action Officer.
To
act as liaison with the State Director of the Office of Diversity and Equal
Opportunity and any other federal, state or local governmental office
responsible for ensuring equal opportunity/affirmative action.
To
assist the Chief Administrative Law Judge in the formulation of affirmative
action policies.
Accountability: The Court Administrator is directly
accountable to the Chief Administrative Law Judge.
III. Affirmative Action Officer/Designee (Personnel
Aide)
Responsibilities: The Affirmative Action Officer/Designee
is responsible for revising, implementing and directing the Office's
Affirmative Action Plan and for coordination of the Office’s compliance with
the requirements of the ADA.
Duties: To participate in the
review of personnel practices of the Office and recommend policy changes when
appropriate.
To
investigate complaints of alleged discrimination.
To
arrange for training seminars to be conducted at the Office and to advise
employees of other available training opportunities relative to subjects
applicable to this Plan.
To
submit affirmative action reports as required and coordinate communications
involving affirmative action and equal opportunity.
To
plan and conduct exit interviews with and issue exit interview forms to all
departing employees for the purpose of written reports analyzing data obtained
from these forms in search of reasons for turnover, etc. Particular attention will be given to
retention rate of protected group individuals to determine whether these
members are adversely leaving state service.
To
review all public relations, advertising, and promotional materials distributed
by the Office for equal opportunity compliance and relevance to protected
groups and compliance with ADA
requirements.
To
recruit protected group persons for employment opportunities within the Office.
To
review and recommend changes in policies, procedures and programs to facilitate
affirmative action within the Office.
To
preview all layoff decisions to determine its effect on the Office's
affirmative action goals and timetables.
Accountability: The Affirmative Action Officer/Designee
will be directly accountable to the Chief Administrative Law Judge.
IV. Managers and Supervisors
Responsibilities: The managers and supervisors are
responsible for the implementation of the Office's affirmative action policies
and goals for persons directly under his/her supervision.
Duties: To communicate the policy
and spirit of the Plan to employees under his/her immediate supervision. The Affirmative Action Officer will be available
to assist them if necessary.
To
work closely with the Court Administrator, Affirmative Action Officer, and Minnesota
Management and Budget to ensure that all selection criteria are job related.
To choose candidates
for new positions or promotional opportunities on the basis of qualifications,
experience, the Office's affirmative action goals and the pre‑hiring
review.
To assist the Court
Administrator in recruiting and hiring protected class persons.
To estimate staffing
needs and projected vacancies for his/her divisions in the coming year and set
goals consistent with the Office's affirmative action goals and timetables.
To respond to
requests for information related to discrimination complaints within three (3)
working days.
To assure that no
reprisals are made against an employee for filing a discrimination complaint.
To make all employees
aware of training and improvement programs as appropriate.
Accountability: The
managers are directly, and the legal support staff and administrative services
supervisors indirectly, accountable to the Chief Administrative Law Judge and
he/she will be evaluated on the results of his/her affirmative action efforts
as he/she would be on any other program or production related area.
PROGRAM DISSEMINATION
This Affirmative Action
Plan is also available in alternative formats, such as CD or large print, when
requested.
I. Internal Dissemination Procedure
A.
Copies of this plan will be distributed to all employees via email. New employees will receive a copy of the AA
Plan at the time of his/her office orientation.
A current copy will be posted on the Office’s Intranet webpage; and will
be available in the offices of the Court Administrator and the Affirmative
Action Officer.
Responsible Official(s): Court Administrator
Affirmative
Action Officer
B. Informational sessions for supervisors
on the Affirmative Action Plan will be held at the time of a vacancy.
Responsible Official(s): Court
Administrator
C. All supervisors will be responsible for
communicating the policy and spirit of the plan to employees under his/her
immediate supervision.
Responsible Official(s): All
supervisors
D. The Office’s Affirmative Action Plan
will be discussed with new employees at the time of his/her orientation session
with the Court Administrator or designee; current employees are hereby invited
to discuss the Plan with either the Court Administrator or the Affirmative
Action Officer at any mutually-convenient time.
Responsible
Official(s): Court Administrator
II. External Dissemination Procedures
A. A mailing list consisting of community
groups and groups representing protected classes will be maintained to keep
these groups informed of position openings.
Whenever such material is available, it will be mailed to those on the
list.
Responsible Official(s): Court
Administrator
Affirmative Action Officer
B. All public relations and promotional
materials will be reviewed for affirmative action and equal opportunity content
and impact.
Responsible Official(s): Court
Administrator
Affirmative Action Officer
C. A copy of the Affirmative Action Plan will
be posted on the OAH website and will be available to the public upon request.
Responsible Official(s): Affirmative
Action Officer
AUDIT AND
EVALUATION
In order to meet the Office's affirmative action
goals, the following personnel actions will be taken:
A. Consultation
with Supervisors
Supervisors will be advised by the Affirmative Action
Officer of the goals for the various job groups under their supervision.
B. Self-analysis
l. Annually,
the personnel aide shall prepare the following information:
a. The
current employment profile of the department.
b. The
extent to which protected group individuals are represented in the workforce,
by EEO job group, as compared to the relevant civilian labor force established
goals in that geographic area.
c. The
number of interviews, hires, terminations and promotions occurring in the
preceding quarter, by race, sex, disability and job group.
2. Annually,
the personnel aide will compile exit interview data, by division.
3. Annually,
the Court Administrator and the Affirmative Action Officer shall review the above
information and re‑evaluate/identify priorities, based on degree of
disparity and opportunity to hire or to remove barriers to progress. New or continuing action objectives shall be
established for the remainder of the fiscal year.
4.
On a quarterly basis, the Affirmative Action Officer will consult with
the Court Administrator to provide updated information on affirmative action
goals.
5. The
information gathered from the above analysis will be shared with supervisors
and managers on a annual basis, or at the time of a vacancy.
C. Selection Process: Pre‑Employment
Review
1. If a
vacancy occurs, the supervisor of the affected section may or may not request
to fill the position. If a decision is
made to fill the vacancy, the Court Administrator and the Affirmative Action
Officer will be notified verbally or in writing, if, based on the Affirmative
Action Plan, there is a disparity in the job category the vacant position comes
under.
2. If a
disparity exists, the Affirmative Action Officer will work closely with the Court
Administrator, manager and/or supervisor, monitoring and collecting data for
each step of the hiring and/or promotional process which includes:
a. A
position analysis will be completed for the vacant job.
b. Job-related
criteria (knowledge, skills, and abilities‑‑KSAs) needed to perform
the job will be determined.
c. The
position description will be revised as needed.
d. The Court
Administrator determines whether any bargaining unit employees are eligible to
bid on the position. If so, the job will
be posted for the required length of time.
If an employee bidding on the job is successful, the job will be filled
in accordance with the union contract.
e. The Court
Administrator ascertains whether there exists an appropriate certification list
or if a job announcement is in order.
f. If
a job announcement is in order, the Office, including the Affirmative Action
Officer, will recruit affirmatively for the position.
g. If
an appropriate eligible list exists, telephone calls will be made and/or
letters will be sent by Federal mail to all persons eligible for
certification. Interviews will be
scheduled for interested persons responding to telephone calls made and letters
sent. The agency’s ability to provide
reasonable accommodation will be communicated to all applicants.
h. A
list of job related questions will be devised by the supervisor, the
Affirmative Action Officer, and the Court Administrator to make sure that the
questions are uniform, appropriate and job-related.
i. Interviews
will be conducted, using the uniform job-related questions, by the supervisor
and/or others.
j. Interviewees'
applications/resumes will be compared to the qualifications (KSAs) stated in
the job announcement. Candidates will be compared on qualifications and the
responses given in their interviews held to this point, keeping in mind the
affirmative action goals based on Office disparities.
k. Prior
to selection of a candidate, the manager or supervisor will discuss his or her
anticipated selection with the Affirmative Action Officer to ascertain that the
selection is consistent with the Office's affirmative action program.
l. If
there is a disparity and the supervisor rejects a protected group member, the
supervisor will provide the rationale for why the candidate was chosen or the
rationale for why all of the other candidates were not chosen. Copies of the written rejection will be
reviewed by the Affirmative Action Officer and the Court Administrator and no
selection will be made until such written reasons have been reviewed. Where the Affirmative Action Officer believes
that the reasons for rejection are unjustified, and the matter is not
satisfactorily resolved and, prior to any offer being made, these views will be
transmitted to the Chief Administrative Law Judge who may take appropriate
action including a recommendation that the preliminary rejection be
reconsidered.
m. All
candidates will be notified of the hiring decision.
n. Documentation
(e.g. interview rosters, responses by interviewees, etc.), will be kept on the
selection process for all appointments.
Data on every appointment, where there is a disparity, will indicate the
opportunity the Office had to hire affirmatively and whether there was a missed
opportunity
o. The Minnesota Data
Government Practices Act defines which personnel data is classified as public;
protected group status is not identified as public data. Therefore, information shall not be disclosed
to any person who is not authorized to receive information regarding the
protected group status of a selected applicant.
D.
Layoff Procedures
If it is necessary to layoff employees, such
decisions will be made in accordance with the agreement of the affected bargaining
units and the applicable rules of Minnesota Management and Budget. The Affirmative Action Officer will determine
what effect the layoff will have on the affirmative action goals and timetables
so that any disparities created can be addressed at the next opportunity. The Chief Administrative Law Judge, Court
Administrator and affected supervisors and managers will be advised of the
results.
AFFIRMATIVE ACTION PLAN
ACTION‑ORIENTED OBJECTIVES
I. Goal
To create an environment that encourages and assists in the
development of all Office personnel. All
training is contingent upon available funding.
A. Objective: To provide training to develop the talent of
all employees, including protected group members, to better perform their jobs
and prepare them for additional responsibilities and/or promotions.
B. Action‑Step(s):
1. All
section managers and supervisors will inform persons under their direct
supervision of training programs, which, if successfully completed, could
increase their chances for additional responsibilities and/or promotional
opportunities; and
2. All
employees will be given the opportunity to participate in appropriate training
and educational programs offered by the State or conducted by managers and
supervisors.
3.
All employees will be advised of the Office’s policies on reimbursement
and time off for approved training.
C. Assignment: Managers and supervisors, Court Administrator
and Affirmative Action Officer
D. Target
Date: Continuous
E. Evaluation: A review of all internal training and
education programs will be made annually and data will be maintained for
purposes of monitoring employees’ participation in training and educational
programs and their upward mobility experienced as a result of that
participation.
II. Goal
To correct all disparities for each occupational category
by protected group.
A.
Objective: To recruit qualified
protected group members so that when vacancies occur in a job group that is
underutilized, this Office will have access to qualified applicants in the
protected groups.
B. Action‑Step(s):
1. Identify and contact appropriate professional
and occupational organizations and associations, businesses and educational
institutions to recruit protected group applicants.
2. Maintain
ongoing lists of applicants, including protected group applicants, for all
occupational categories assigned to this Office.
3. All
initial correspondence to potential employees regarding the interview and
hiring process will include a statement offering reasonable accommodation to
persons who request it.
C. Assignment:
Court Administrator and Affirmative Action Officer
D. Target Date: Continuous
E. Evaluation:
Based on the availability of qualified applicants, the underutilization
of protected groups will be reduced or eliminated.
III. Goal
To provide all employees with the opportunity to attend
training regarding the prevention of any type of harassment/discrimination,
workforce diversity, and reasonable accommodation issues.
A. Objective: To increase the sensitivity of employees to
co-employees and clients of this Office, and to provide a work environment free
of harassment and discrimination.
B. Action
Step(s):
1. Employees
will be given the opportunity and encouraged to attend training courses
designed to prevent harassment and/or discrimination, with consideration given
to current budget restraints.
2. Managers
and supervisors will be required to attend a minimum of one such training
course each fiscal year, with consideration given to current budget restraints.
C. Assignment: Court Administrator and Affirmative Action
Officer
D. Target
Date: Continuous
E. Evaluation: All employees, including managers and
supervisors, will attend courses designed to prevent harassment/discrimination.
IV. Goal
To hire an employee
under the Supported Work Program.
A. Objective: To develop a position with duties that can be
performed by a person with severe disabilities.
This position will be shared by all divisions at OAH and the funds will
be taken from the Workers’ Compensation Special Fund and the Revolving Account.
B. Action-Step(s):
1. To meet with supervisors and mangers to
discuss the Supported Work Program so that they are aware of the purpose and
expectations of the position.
2. To
determine what duties and responsibilities performed by current employees could
be transferred to create this position.
3. To
create a meaningful position description for this position.
4.
To contact Minnesota Management and Budget to assist OAH in recruiting
candidates for the position.
C. Assignment: Court Administrator and Affirmative Action
Officer
D. Target Date: As soon as practical.
E. Evaluation: A position will be created and filled by a
Supported Employment Worker.
Supported Work Program: The Office will review vacant positions and
assess the current workload and needs of the Office to determine if job duties
might be performed by a supported employment worker. If appropriate, a list of supported worker
candidates will be requested from Minnesota Management and Budget. The Office will work with the State
ADA/Disability Coordinator to recruit and hire individuals for supported
employment if such a position is created.
(Also, see Goal IV above.)
RECRUITMENT
PLAN
The purpose of a recruitment plan is to attract
qualified applicants in order to obtain a balanced workforce and to meet
affirmative action goals. Supervisors
and managers are required to comply with part C of the Audit and Evaluation
section in order to meet this objective.
Recruitment opportunities exist for the positions of administrative law
judge, workers’ compensation judge and the internship positions. All other
positions are filled by persons who transfer, are on state lay-off lists or are
on the eligible lists received from Minnesota Management and Budget.
The following publications are considered when
availability of a position is to be published.
Access
Press
Finance
& Commerce
Bench
& Bar
Minnesota Women Lawyers
State
Register
Minnesota
American Indian Bar Association
Minnesota Association of
Black Lawyers
Minnesota
Hispanic Bar Association
National
Asian Pacific American Bar Association - Minnesota
Chapter
District
bar associations in specific areas
OAH had 4 employee transactions in FY’09 and FY’10. These transactions included but were not
limited to promotions, (re)appointments, layoffs, rehires and/or filled from
the list of eligible candidates from the Department of Finance and Employee
Relations. .
The breakdown of the 4 employee transactions are as
follows:
Hire:
1 in the Officials and
Administrators job group – female;
PRO Appointment: 2
in the Professionals job group – two males;
Promotion: 1 in the Officials and Administrators job group – male.
The area that presents the greatest opportunity for
recruitment is in the Professionals job category for the classifications of
administrative law judge and workers’ compensation judge. Administrative law judges and workers’
compensation judges require expertise and experience in specific areas of the
law. In order to reach these
individuals, the OAH will also:
1) Notify current Administrative Law Judges
(ALJs) and Workers’ Compensation Judges (WCJs) that a position will be
available and ask for their active assistance in recruiting;
2) Identify attorneys who are leaders in the
community and maintain a list of those willing to contact protected group
members and encourage them to apply;
3) Post notices of openings at hearing sites and
other appropriate areas, such as Legal Aid Center and Pilot City;
4) Expand publication of notices to include
minority community newspapers;
5)
Expand recruitment of persons with disabilities by contacting
organizations such as the State Council on Disabilities, Metropolitan
Center for Independent Living,
Rehabilitation Services at the Department of Economic Security and Courage Center.
6)
Investigate publishing general informational articles about the OAH for
the purpose of making the public aware of the functions of the office.
In compliance with the Americans with Disabilities
Act, all materials will also be available in alternative formats. We have not participated in job fairs.
Should it become appropriate, the Office will investigate participation in job
fairs in order to recruit applicants for position with this Agency.
INTERNSHIPS
Administrative Law Clinic,
William Mitchell College of Law:
Participants are law students who are enrolled in the Administrative Law
Clinic at William Mitchell. All students
who are enrolled participate. There is
no recruitment because everyone who enrolls in this particular clinic is a part
of the internship program. Students
receive 2 credits for each semester and may enroll for up to two semesters. The law student attends the hearing with the
ALJ and then prepares a draft decision, which is evaluated by the ALJ and sent
to the law school.
The Office of Administrative
Hearings, Workers’ Compensation Division Summer Internship Program started in
2004. Law students and college pre-law students contact Assistant Chief
Judge Eric Lipman to apply for the
internship. Students have also been referred to the Internships by law
school and college professors. Interns are selected based on their
interest and experience in Workers’ Compensation and/or trial advocacy.
Students may make arrangements with their schools for academic credit for the
internship. Students attend Workers’ Compensation proceedings, including
following a case through the entire process, do legal research, draft memorandums,
orders, decisions and findings and orders and observe proceedings before
administrative and judicial branch appellate and trial-level courts.
RETENTION
The Office will strive to create an environment
which promotes the retention of a diverse workforce. Raymond R. Krause, Chief Administrative Law
Judge, has final responsibility for this objective. Those who assist are:
Eric Lipman, Assistant Chief
Administrative Law Judge
AnnMarie O’Neill, Court Administrator
LeeAnn Shymanski, Affirmative Action/Americans with
Disabilities Officer
Cathrine Quintero, Support Staff Supervisor, Workers’
Compensation Section
OAH has adopted a number of methods to encourage the
retention of employees. Some examples
are flex-time schedules, telecommuting, reduced work hours, work groups to
discuss concerns and possible changes to existing policies and procedures, exit
interviews, establishment of training budgets, and notifying/posting of
promotional and transfer opportunities.
All managers and supervisors are responsible for assisting employees
under his/her supervision in achieving his/her identified work goals.
Separation Analysis:
Seven employees left OAH in FY’9 and FY’10:
Retired
– 5;
Resigned
– 1; and
Leave
of Absence - 1.
The four OAH job groups were affected as follows:
Officials/Administrators
– 1 male
Professionals
– 4 male, 1 female
Paraprofessionals
- 0
Office/Clerical
– 1 female
Should vacancies occur in any
job group, OAH’s goal will be to correct in 2010-2012 any disparities that
exist and to increase the diversity of the office as a whole.
POLICY ON DISCRIMINATORY HARASSMENT
Harassment is a form of
discrimination and is a violation of Section 703 of Title VII of the Civil
Rights Act of 1964 as amended in 1991 and the Minnesota Human Rights Act, Minn.
Stat. Ch. 363. It is a clear violation
of equal employment opportunity and it is illegal. Harassment based on race, color, creed, national
origin, sex, sexual orientation, religion, marital status, age, disability,
status with regard to public assistance status, or membership or activity in a
local human rights commission will not be tolerated by this Office.
Harassment is any
behavior which is not welcome, which is personally offensive, which insults or
demeans and which, therefore, may affect morale and interfere with the
employee's ability to perform. Harassment may take the following forms:
1.
Repeated disparaging, belittling, demeaning, insulting remarks.
2.
Repeated jokes about an employee or a characteristic unique to the
employee.
3.
Sabotage of an employee's character, reputation, work efforts or
property.
Sexual harassment has
been specifically defined by the Equal Employment Opportunity Commission (EEOC)
as follows:
Sexual
harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or communication of a sexual nature when:
1.
Submission to that conduct or communication is made a term or condition,
either explicitly or implicitly, of obtaining employment;
2.
Submission to or rejection of
that conduct or communication by an individual is used as a factor in decisions
affecting that individual's employment; or
3.
That conduct or communication has the purpose or effect of substantially
interfering with an individual's employment or creating an intimidating,
hostile, or offensive employment environment; and the employer knows or should
know of the existence of the harassment and fails to take timely and
appropriate action.
Sexual
harassment may include such actions as:
1. Sex‑oriented
verbal kidding or abuse;
2. Subtle or
overt pressure for sexual activity;
3. Physical
contacts such as patting, pinching, or constant brushing against another's
body; and
4. Demands for
sexual favors which affect an individual's employment status or consideration.
Racial
and ethnic harassment might include such actions as:
1. Any
behavior previously listed in this policy which is applied to one's race,
color, heritage or national origin.
2. Telling
jokes or making derogatory remarks about one's race or ethnic heritage.
3. Use of
language implying inferiority of a race or ethnic heritage.
Religion,
disability, sexual orientation and age harassment might include such actions
as:
1. Any
behavior previously listed in this policy which is applied to one's religion,
disability, sexual orientation or age.
2. Use of
demeaning, derogatory names or remarks about one's religion, disability, sexual
orientation or age.
Employees
who experience harassment from co-workers should follow the discrimination
complaint procedure outlined in this plan.
The Chief Administrative
Law Judge is responsible for the application of this policy within the Office
and each supervisor within their division.
This includes initiating and supporting programs and practices designed
to develop understanding, acceptance, commitment and compliance with the
framework of this policy. All employees
must be informed that discriminatory harassment is unacceptable behavior, and
each supervisor will be responsible for orienting his/her staff to the Office's
policy. The Affirmative Action Officer
will be expected to keep the Office appraised of any changes in the law or its
interpretation regarding this form of discrimination. More specifically, the Chief Administrative
Law Judge will be responsible for:
1. Making
certain that each individual in the Office who makes or recommends employment
and other personnel decisions is fully aware of and complies with this policy;
2. Notifying
all employees within the Office of this policy and orienting each new employee
who is hired; and
3. Establishing
a complaint procedure to investigate all complaints promptly and carefully, the
provisions of which shall be disseminated to all employees.
DISCRIMINATION OR DISCRIMINATORY HARASSMENT
COMPLAINT PROCEDURE
The following procedures will
be used to resolve discrimination or harassment complaints if no specific
procedures are provided in the bargaining agreements or compensation plans
under which the complainant is represented.
Sexual harassment is a form of discrimination and is therefore covered
by this procedure.
Coverage and Exclusions
1.
This complaint procedure may be used by an employee, applicant, or
eligible whose dispute or disagreement is based upon the belief that s/he has
been discriminated against in employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public
assistance, membership or activity in a local human rights commission,
disability, sexual orientation, or age; or that s/he has been harassed by an
employee because of the above factors.
2.
This complaint procedure may also be used by any employee, applicant, or
eligible who believes that s/he is a victim of retaliatory action by an
employee of this Office as the result of filing a complaint, cooperating in an
investigation or otherwise participating in any action under this procedure.
3.
This complaint procedure may not be used for disputes which are covered
exclusively by provisions of a collective bargaining agreement or the
Managerial or Commissioner’s Plans. Such
disputes should be handled under the grievance or dispute resolution procedures
contained in those collective bargaining agreements or plans.
4.
This complaint procedure does not in any way limit an employee’s or
applicant’s right to file a formal complaint with the Minnesota Department of
Human Rights, the U. S. Equal Employment Opportunity Commission, or an
appropriate court of law.
Complaint Procedure
STEP 1. A
formal complaint must be submitted in writing to the Affirmative Action Officer
using the Discrimination Complaint Form for those complaints. The formal complaint must be filed within six
months of the date the discrimination or harassment occurred.
STEP 2. If
in filing a complaint an employee states that he/she is unable to function in
the worksite from which the complaint arose, the appointing authority, or his
designee in his absence from the office, shall begin a preliminary
investigation within two calendar days.
If this preliminary investigation establishes that a reasonable basis
for the employee’s concern about continuing in the worksite exists, the
appointing authority shall take intervening action to defuse the situation,
which may include temporarily reassigning either party until such time as the
complaint is fully investigated, there is a finding, and corrective action, if
required, is implemented.
STEP 3. Within
7 calendar days, the Affirmative Action Officer will determine if the complaint
is based on protected group status or not.
He/she will notify the complainant of that decision in order that the
complainant may use other remedies when appropriate.
STEP 4. If
the complaint is determined to fall under this procedure, the Affirmative
Action Officer will within 7 days schedule a meeting with the appropriate
Section Head and any appropriate parties to discuss the complaint. After the meeting, the Section Head will,
within 3 days, provide the complainant with a written decision in the matter or
will request in writing that the Affirmative Action Officer or other
appropriate investigative body (with a copy to the employee or applicant)
conduct an investigation of the matter.
STEP 5. If
the complaint is referred to the Affirmative Action Officer for investigation,
the Affirmative Action Officer shall ensure an investigation is conducted in a
timely manner. The investigation may
include interviews with and/or statements from all parties involved including
the complainant, respondent, complainant’s supervisor, witnesses and co-workers
as well as a review of all pertinent records or documents relating to the
complaint. A report will be prepared and
submitted to the responsible party in the office who is authorized to take
action to resolve or correct the situation.
The Affirmative Action Officer may also provide recommendations to the
responsible party. Appropriate action
will be taken in a timely manner and may include discipline up to and including
discharge.
Disposition of Complaints: Time Limits
Time limits in the
specified areas above may be waived or modified upon mutual agreement of the
parties involved. The final written
disposition of a formal complaint shall be provided within sixty days of
receipt of the complaint. The final
disposition of a complaint, if based on protected group status, shall be filed
with the Commissioner of Minnesota
Management and Budget within thirty (30) days of final determination.
Appeal Procedure
1.
If the disposition of the complaint by any responsible party, other than
the Chief Administrative Law Judge, is not satisfactory to the complainant, it
may be appealed in writing to the Chief ALJ within five (5) working days
following notification of the disposition of the complaint.
2.
The Chief ALJ shall review the appeal and discuss it with the employee
as needed. If the complaint is resolved,
that resolution will be put in writing and signed by the Chief ALJ and the
complainant, including the complainant’s representative, if any. If no settlement is reached, the Chief ALJ
shall give a written decision to the employee within a reasonable period
following the meeting. The decision by
the Chief ALJ will be the Office’s final decision.
Alternative Investigation:
As an alternative to Steps
3 – 5, and at his discretion, the Chief Administrative Law Judge may refer a
complaint to Minnesota Management and Budget, Labor Relations Division, for the
purpose of conducting an investigation and making a recommendation.
.
DISCRIMINATION COMPLAINT
PLEASE READ: Any complaint of discrimination is considered confidential data under
Minnesota Statute 13.39, subds. 1 and 2.
You are not legally required to provide this information, but without it
an investigation cannot be conducted.
This information may only be released to the Affirmative Action Office,
the Complainant (you), the Respondent (person who discriminated against you),
appropriate supervisory personnel and the Chief Administrative Law Judge.
COMPLAINANT:
Name: Job
Title:
Division: Supervisor:
RESPONDENT:
Name: Job
Title:
Division: Supervisor:
COMPLAINANT: I was discriminated against
because of:
Race Sex Age Color Creed Religion
Disability Marital Status National Origin Sexual Orientation
Status with Regard to
Public Assistance Membership or Activity in a Local
Commission
When did the most recent
incident occur?
Date: Time: Location:
Describe
the incident(s) in detail, including names of witnesses (use additional sheets
if necessary):
Relief Requested:
Have you filed this complaint with any other agency? Yes No
If yes, which agency?
I hereby certify that the
information provided in this complaint is true and correct to the best of my
knowledge.
Signature: Date:
Received by: Date:
REASONABLE ACCOMMODATION
PROVISIONS
I. POLICY
The State of Minnesota and the OAH
are committed to hiring individuals with disabilities who can perform essential
job functions with or without reasonable accommodation. In accordance with the Minnesota Human Rights
Act and the Americans with Disabilities Act, accommodations will be provided to
qualified individuals with disabilities when such accommodations are directly
related to performing the essential functions of a job, competing for a job, or
to enjoy equal benefits and privileges of employment. This policy applies to all current employees,
employees seeking promotion, and job applicants.
This Office will comply
with Minn. Stat. § 15.441 (2007) that requires interpreters be provided at
hearings, when requested.
To make a reasonable
accommodation request, employees should contact AnnMarie O’Neill, Court
Administrator, or designee, for a form.
The Reasonable Accommodation Request form can also be found at page 26
of this Plan. Job applicants and
participants in hearings conducted by this office can contact Michael Lewis at (651) 361-7840, Kim Pogue
at (651) 361-7891, or LeeAnn Shymanski
at (651) 361-7832.
II. DEFINITION
An individual with a
disability is defined as (and as more fully defined in the Americans with
Disabilities Act):
A
person who has a physical or mental impairment that substantially or materially
limits one or more major life activities;
III. REQUEST FOR REASONABLE ACCOMMODATIONS
The steps in requesting
reasonable accommodations for current employees and employees seeking
promotion (hereinafter “employee”) are:
A. The
employee shall submit the Request for Reasonable Accommodation form to the Court
Administrator.
B. When the
documentation is received, and if it is determined to be an appropriate request
under the ADA,
steps D. through J. are followed.
C. If it is
determined to be necessary, the Court Administrator may request documentation
of the individual’s functional limitations to support the request.
D. The Court Administrator, the employee, and if
necessary the employee’s supervisor, consult to determine the need for the
accommodation and to discuss possible alternatives to the requested
accommodation.
E. Within seven working days of that meeting,
the Court Administrator must either approve or disapprove the requested
accommodation.
F.
If the accommodation is approved and a significant cost is involved, the
Court Administrator will forward it along with her recommendation to the
Assistant Chief Administrative Law Judge, who must approve or disapprove the
expenditure within three working days.
G. The decision shall be provided in writing to
the employee within three working days after the determination is made by the Assistant
Chief Administrative Law Judge.
H. If approved, the Court Administrator will
assist the supervisor in making the accommodation.
I. The Court Administrator submits appropriate
documents to the purchasing agent if equipment, furniture or other assistive
devices must be purchased.
J. The Affirmative Action Officer will complete
the Reasonable Accommodation Agreement form and maintain the form along with
all other documents pertaining to the accommodation.
IV. METHODS OF PROVIDING REASONABLE ACCOMMODATION
The following are some
methods of providing reasonable accommodations to individuals with
disabilities. Other forms of reasonable
accommodation may also be provided.
A. Modification of equipment or assistive
devices. The provisions of equipment may
include special telephone equipment, "talking" calculators, one‑handed
typewriters, closed circuit televisions, specifically designed desk and files,
TTY communications equipment and other types of equipment to facilitate the
performance of job duties. These items
may include: off‑the‑shelf
devices as well as highly specialized, customized and/or prescription items.
B. Job site modification. The planning and provisions of accessibility
to existing facilities may be required in order for disabled individuals to
work in them. Modifications may include
adjustments to equipment height including desks, chairs, etc., addition of electrical
outlets, rearrangement of furniture and equipment, widening doorways,
reallocation of the job site to an accessible area, provision of special
parking facilities, modifications of ventilation, heating, cooling, and
lighting systems, and other types of similar modifications. This Office will negotiate any changes with the
Plant Management Division, Department of Administration, to determine costs
involved.
C. Job restructuring. The restructuring of any job may include
modifying work hours and/or changing job duties while retaining the basic job
functions. Arrangements must be
considered for full‑time permanent and intermittent employment. Job sharing and flexible work hours may
permit disabled employees to meet such needs as medical appointments and
medical dietary requirements.
D. Support
services. Support services such as
interpreters for individuals with hearing impairments or readers for blind,
etc., must be provided when it is clearly demonstrated that these services are
required for an employee's performance of the essential functions of the
job. Support services may also be needed
for job applicants during the interview process. The OAH may directly or on a contractual
basis of any office outside the department provide the training necessary to
allow staff members to provide support services when such training and the
provisions of such support services are administratively feasible.
V. FUNDING FOR REASONABLE ACCOMMODATION
Funding will be provided
for reasonable accommodations. The Chief
Administrative Law Judge must approve the expenditure of funds when the amount
is determined to be significant. When
determining whether or not to make the accommodation without imposing undue
hardship on the Office, the following factors must be considered:
The size of the
Office's budget; the nature and cost of the accommodation; the ability to
finance the accommodation in relationship to the site(s) where there may be a
need; and documented good faith effort to explore a less restrictive or less expensive
alternative.
Definition:
An “undue hardship” is an action that is unduly costly, extensive,
substantial, or disruptive, or that would fundamentally alter the nature or
operation of the Office.
Procedure
for Determining Undue Hardship:
1. The employee
will meet with the ADA Coordinator to discuss the requested accommodation.
2. The ADA
Coordinator will review undue hardship by considering:
A. The nature and cost of the accommodation in
relation to the size, the financial resources, and the nature and structure of
the operation; and
B. The impact of the accommodation on the
nature or operation of the Office.
3. The ADA
Coordinator will provide a decision to the employee.
VI. PURCHASE AND MAINTENANCE OF ACCOMMODATIONS
A. The OAH is
free to choose the specific accommodation provided to qualified employees or
applicants with disabilities. The person
requesting reasonable accommodations will suggest appropriate accommodations. The OAH may provide another accommodation
equal or superior to the one proposed in practicality, usefulness, or cost
effectiveness.
B. All tangible
accommodations purchased by the OAH will be the property of the State of Minnesota and shall be
used only for job related functions. The
maintenance of equipment will be the responsibility of the OAH and projected
maintenance costs will be a factor in the initial decision to provide
accommodations. Example: repair special
office equipment, etc.
VII. APPEALS
An employee who is
dissatisfied with the reasonable accommodation decision can appeal directly to
the Chief Administrative Law Judge within three working days of the
decision. The Chief Administrative Law
Judge will review all pertinent material and steps leading to the decision.
The Chief Administrative
Law Judge will make a recommendation to the Court Administrator and employee
within three working days unless additional time is needed to obtain more
information from outside sources. If the
employee is still dissatisfied with the decision, she/he may file with federal,
state, local and human rights agencies or other legal channels. Compliance
agencies which are investigating complaints will be provided documentation
relating to the denial of a request for reasonable accommodation. Information will be provided in compliance
with the Minnesota Government Data Privacy Act.
If the individual believes
a decision is based on discrimination, he/she may file a complaint internally
through the Office’s complaint procedure as outlined in this plan (page 20).
VIII. REQUEST FOR REASONABLE ACCOMMODATIONS
FOR JOB APPLICANTS
A. All initial
communication with job applicants regarding job vacancies shall indicate the
willingness of the Office to make reasonable accommodation to the known
disability and shall invite the applicant to contact the Office for the needed
accommodation.
B. The
individual contacted with the request shall contact the Affirmative Action
Officer immediately. In order to ensure
that the accommodation is provided at the interview, requests shall be handled
in a timely manner.
C. The
Affirmative Action Officer shall contact the job applicant to discuss the
needed accommodation and possible alternatives.
D. If the
accommodation is approved, the Affirmative Action Officer will take the
necessary steps to see that the accommodation is provided.
IX. DENIAL OF ACCOMMODATION
If the requested accommodation made by a job
applicant is denied, the Affirmative Action Officer shall notify the job
applicant of the decision and advise them of the right to file a complaint with
the Minnesota Department of Human Rights or the U.S. Equal Employment
Opportunity Commission or other legal channels. In addition, applicants who are
dissatisfied with the decision pertaining to a requested accommodation may file
an appeal with the agency head within a reasonable period time, for a final
decision. If the individual believes the
decision is based on discrimination, they may file a complaint internally
through the agency’s complaint procedure as outlined in this plan (page 20).
All denials of requests for
accommodation will be documented and kept on file by the Affirmative Action
Officer. The Affirmative Action Officer
shall notify the employee of his/her right to file a complaint under the
Appeals section of this provision, and advise the employee of the right to file
a complaint with the Minnesota Department of Human Rights or the U.S. Equal
Employment Opportunity Commission.
EMPLOYEE REQUEST FOR REASONABLE
ACCOMMODATION
Employee Name: Job Title:
Date of Request: Division:
This information will be used by the OAH
Senior Management or any other person, including the agency’s legal counsel,
who is authorized by my employer to handle medical information for ADA/MHRA
purposes and, any, information concerning my physical or mental condition, that
are necessary to determine whether I have a disability as defined by the
Americans with Disabilities Act and/or the Minnesota Human Rights Act, and to
determine whether any reasonable accommodations can be made. The provision of this information is
voluntary; however, if you refuse to provide it, your employer may refuse to
provide reasonable accommodations.
1. Please
describe the nature of your limitations, what life activity(ies) is
substantially limited, and how is that life activity(ies) substantially
limited?
2. How
does it affect your ability to perform your job?
3. Type
of accommodation you are requesting:
Making facilities readily
accessible Modification of equipment
or devices
Job restructuring Qualified reader or
interpreter
Part-time or modified work
schedule Acquisition of equipment or
devices
Modification to a rule,
policy or practice Other (specify)
Please
describe in detail the accommodation you are requesting:
4. How will the requested accommodation be
effective in allowing you to perform the essential functions of your job?
5. Additional
comments:
Signature of
Employee:_____________________________
Dated: ____________________
REASONABLE ACCOMMODATION AGREEMENT
This form is to be completed by the
Department’s Affirmative Action Officer after the reasonable accommodation
decision has been made. The signatures
at the bottom of this form indicate an agreement between the employee and the
Office of Administrative Hearings to the specific accommodation.
Employee
Name:
Job
Title:
Division
or Department:
Supervisor:
Date
of reasonable accommodation request:
Limitation(s)
identified:
Accommodation
requested:
Accommodation
approved:
Review
date (if any):
I have read the Employee Request for
Reasonable Accommodation. I understand
that all tangible accommodations purchased by the OAH will become property of
the State of Minnesota.
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SIGNATURES
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DATE
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Employee:
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Supervisor:
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Court
Administrator:
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Chief
Judge:
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Affirmative
Action Officer:
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