Affirmative Action

Affirmative Action is a conscious effort to open employment opportunities to a broad range of people--including women, people with disabilities, and people from different races and nationalities. The intent and purpose of Affirmative Action is to improve the socio and economic conditions for minorities and women.

Following is a checklist utilized by the FHWA Texas Division to ensure the TxDOT is in compliance with their Affirmative Action program per 23 CFR, Subpart C, Part 230, Part II:

CHECKLIST FOR COMPLIANCE OF INTERNAL AAP PROGRAMS

1. Does the AAP state a non-discriminatory basis for establishing the AAP? (Race, national origin, etc.) and does it establish a basis for AAP to improve socio and economic conditions of women and minorities?

2. Does the AAP include both short and long-range objectives with priorities and target dates for achieving goals and measuring progress?

3. Does specifying how this is accomplished publicize the AAP both internally and externally?

4. Does the AAP Officer assist managers and supervisors in collecting and analyzing employment data, identifying problem areas, setting goals and timetables and developing programs to achieve goals?

5. In reference to Question 4, do the programs include specific remedies to eliminate any discriminatory practices discovered in the employment system?

6. Does the AAP Officer process formal complaints of discrimination?

7. Does the AAP Officer design, implement, and monitor internal audit and reporting systems to measure program effectiveness and to determine where progress has been made and where further action is needed?

8. Does the AAP Officer on a quarterly basis, inform the Director on progress and deficiencies of each area in relation to established goals?

9. Has the AAP Officer reviewed or considered establishing an EEO Advisory Committee or an EEO Employee Committee?

10. Does the AAP include a strong agency policy statement of commitment to EEO?

11. Does the AAP state assignment of responsibility and authority for the program to a qualified individual?

12. Does the AAP include a survey of the labor market area in terms of population makeup, skills, and availability for employment (CLF)?

13. Does the AAP analyze the present work force to identify jobs, departments and units where minorities and females are underutilized?

14. Does the AAP set specific, measurable, attainable hiring and promotion goals (parity), with target dates, in each area of underutilization? For instance, do they have a plan to reach parity in a particular ethnic/gender group, and by what means.

15. Does the AAP make every manager and supervisor accountable and responsible for meeting these goals/objectives?

16. Was there a reevaluation done on job descriptions and hiring criteria to assure that they reflect actual job needs?

17. Was outreach and recruitment accomplished to find minorities and females who re qualified or qualified to fill jobs?

18. Does the AAP reflect a program to assist minorities and females into upward mobility and relevant training programs where they have not had previous access?

19. Has the AAP Officer developed systems to monitor and measure progress regularly? If results are not satisfactory to meet goals, has the AAP Officer determined the reasons, met with the responsible manager or supervisor, and made necessary changes?

20. Has the AAP Officer developed a procedure whereby employees and applicants may process allegations of discrimination to an impartial body without fear of reprisal?

21. Does the EEO Policy Statement include: EEO for all persons, regardless of race, color, religion, sex, age, national origin, physical or mental disability; personal commitment to and support of EEO by the head of TxDOT; require that special affirmative action be taken throughout TxDOT to overcome the effects of past discrimination; require that the EEO program be a goal setting program with measurement and evaluation factors similar to other major agency programs; equal opportunity in all employment practices, including, but not limited to, recruiting, hiring, transfers, promotions, training, compensation, benefits, recognition (awards), layoffs, and other terminations; responsibility for positive affirmative action in the discharge of EEO programs, including performance evaluations of managers and supervisors (is there an EEO support statement in their evaluation?); and accountability for action or inaction in the area of EEO by management personnel?

22. Internal publication of the AAP should: (1) distribute written communication from director; (2) Include the AAP and EEO policy statement in agency operations manuals; (3) hold individual meetings with managers and supervisors to discuss the program, their individual responsibilities and to review progress; (4) place Federal and State EEO posters on bulletin boards, near time clocks and in personnel offices; (5) publicize the AAP in the agency newsletters and other publications; (6) present and discuss the AAP as part of employee orientation and all training programs; and (7) invite employee organization representatives to cooperate and assist in developing and implementing the AAP.

23. External publication of the AAP should: Distribute to minority groups and women’s organizations, community action groups, appropriate state agencies, professional organizations. These organizations must be named in the AAP rather than making a blanket statement.

24. Development and implementation of specific programs to eliminate discriminatory barriers and achieve goals. Has TxDOT developed and implemented: (1) Job structuring and upward mobility programs? The AAP should include specific provisions for: Periodic classification reviews to correct position descriptions; review of qualification standards; efforts to restructure jobs and establish entry level and trainee positions; career counseling and guidance to employees; career development plans (IDPs); upward mobility programs and opportunities.

25. Recruitment and placement: The AAP should include: (1) active recruitment efforts to reach all appropriate sources to obtain qualified employees on a nondiscriminatory basis; (2) maintain contact with organizations representing minority groups, women, professional societies, and other sources of candidates for technical, professional, and management level positions; (3) Ensure that recruitment literature is relevant to all employees, including minority groups and women; (4) review and monitor recruitment and placement procedures so as to assure that no discriminatory practices exist; (5) cooperate with management and Human Resources on the review and validation of written tests and selection devices.; (6) Analyze the flow of applicants through the selection and appointment process, including analytical review of reasons for rejection; (7) Monitor the placement of employees to ensure the assignment of work and workplace on a nondiscriminatory basis.

26. Promotions: the AAP should include specific provisions for, but not necessarily limited to: (1) a TxDOT-wide merit promotion plan to include a provision to provide equal opportunity to all persons based on merit and without regard to race, color, religion, sex, national origin, age, physical or mental disability; (2) review promotion actions; (3) establishment of a skills bank to match employee’s skills with available job advancement opportunities; (4) Evaluate promotion criteria (written justifications for selections) for TxDOT based experience, etc.; (5) ensure job vacancies are posted conspicuously and that all employees are encouraged to apply when they feel they are qualified; (6) Publicize merit promotions, i.e. advancement of minorities and women to key jobs, new career heights, etc.

27. Training: The AAP should include: (1) Requirement of managers and supervisors to participate in EEO seminars covering the AAP, the overall EEO program and the administration of the policies and procedures incorporated therein, and on Federal, State, and local laws relating to EEO; (2) Training in proper interviewing techniques; (3) training in education programs designed to provide opportunities for employees to advance in relation to the present and projected manpower needs of TxDOT; (4) Review profiles of training course participants to ensure training opportunities are being offered to all eligible employees on an equal basis and to correct any inequities discovered.

28. Layoffs, recalls, discharges, demotions, and disciplinary actions: (1) The standard for these actions should be the same for all employees regardless of their race, color, national origin, etc.; an adverse impact review should be accomplished; (2) whenever there is a layoff, discharge or downgrade, for a minority or female, the AAP Officer should review this action before it becomes final.

29. The following records should be kept to monitor the internal EEO Program: (1) terminations including layoffs and discharges—indicate total number, name, home address, phone number, employment date, termination date, recall rights, gender/race identification, job category, and reason for termination; (2) On all demotions, indicate total number, name, home address, phone number, demotion date, gender/race, job category, and reason for demotion; (3) On all recalls, indicate total number, name, home address, phone number, recall date, gender/race, and job category.

30. Exit interviews should be conducted on all employees leaving TxDOT.

31. The AAP should include specific provisions for, but not necessarily limited to: (1) Assuring that information on EEO Counseling and grievance procedures are easily available to all employees; (2) A system for processing complaints alleging discrimination; (3) A system for processing grievances and appeals; (4) Include in the performance appraisal system a factor to rate manager’s and supervisor’s performance in discharging the EEO program; (5) review and monitor the performance appraisal system to ensure effectiveness and objectivity; (6) Ensure equal availability of employee benefits.

32. The AAP should include: (1) The evaluation should be directed toward results accomplished, not only at efforts made; (2) the evaluation should focus attention on assessing the adequacy of problem identification in the AAP and the extent to which the specific action steps in the plan provide solutions.

33. Specific numeric goals and objectives should be established for the ensuing year. Goals should be developed for TxDOT as a whole, as well as for each district in each job category.

34. Are the proper ethnic identifications utilized? White, Hispanic, Black, Asian/Pacific Islander, and American Indian/Alaskan Native?