Affirmative Action
What is Affirmative Action?
Affirmative action is a set of positive actions that employers use to promote equal employment opportunity and to eliminate discrimination.
It includes expanded outreach, recruiting, mentoring, training, management development, and other programs designed to help hire, retain, and advance qualified workers from diverse backgrounds, including individuals with disabilities.
Affirmative Action Programs in State Government
Minnesota Statute 43A.19 and 43A.191 govern statewide and agency affirmative action programs. Additionally, there are administrative rules, administrative procedures, and a statewide policy that further support to these two statutes.
Together these laws, policies, and programs help to ensure that positions in the executive branch are equally accessible to all qualified individuals and work to eliminate the underutilization of qualified members of protected groups including minorities, women, and individuals with disabilities.
Visit MMB's Affirmative Action page for additional information on affirmative action laws, policies, agency affirmative action plans, reporting requirements, and more.
Affirmative Action and Individuals with Disabilities Best Practices
1. Check to see if your agency has a hiring goal for the vacant position's job category
- Hiring goals are listed in your agency's Affirmative Action Plan (AAP) and are set if your agency has fewer individuals with disabilities, women, or minorities in a particular job category than expected based on the availability of those individuals in the labor market (this is also known as an underutilization).
- If your agency has a hiring goal in this job category:
- Every effort should be made to develop an effective recruitment plan, advertise widely, conduct a thorough search, and use applicant pool statistics to ensure a larger and more diverse applicant pool is attained.
- Complete the Monitoring the Hiring Process (MHP) form throughout the recruitment and selection process. Visit MMB's Ensure a Fair and Equitable Hiring and Selection Process page for more information on MHP and related forms.
2. Create an effective recruitment plan
- Conduct targeted outreach and advertising to reach qualified individuals with disabilities.
- Use inclusive, plain language in the job advertisement. Refer to the Possible Alternatives to Physical and Sensory Job Qualifications document (word) for suggestions.
- Include an Equal Employment Opportunity statement and reasonable accommodation information in all job advertisements and notices.
- Sample statement: "The [State of Minnesota or agency name] is an equal opportunity, affirmative action, and veteran-friendly employer, and encourages all qualified candidates to apply for job opportunities. If you are an individual with a disability who needs assistance or cannot access the online job application and search tools, please contact the [ADA Coordinator or designee's name] at [list phone number and/or email address]. Please indicate what assistance is needed."
- Know who to contact at your agency if an applicant requires a reasonable accommodation.
- Refer to the recruitment plan section of your agency's AAP for additional recruiting suggestions.
- Develop a contingency plan if the initial recruitment effort does not bring in a sufficiently diverse pool, especially if there are hiring goals for the vacant position's job category.
3. Review applicant pool statistics and compare them to labor market availability data
- Use data to insure your applicant pool is diverse, especially if your agency has hiring goals.
- Include this data on the MHP form.
- If the applicant pool's diversity MEETS OR EXCEEDS labor market availability, continue with the recruitment plan.
- If the applicant pool's diversity DOES NOT MEET labor market availability, consider your contingency plan or find additional resources to leverage.
4. Leverage your resources
Additional Resources
Visit
MMB's Affirmative Action page for more information on affirmative action laws, policies, agency affirmative action plans, reporting requirements, and more.
Alternative Hiring Methods
The State of Minnesota offers a number of alternative hiring methods that agencies can leverage to increase the number of individuals with disabilities in our workforce.
- 700 Hour On-the-Job Training Program
The 700-Hour Program On-the-Job Training Program is an alternative procedure for candidates whose disabilities may make it difficult for a candidate to demonstrate his or her job-related abilities through the standard hiring and selection process.
The program provides an opportunity to assess the ability of qualified individuals to perform a specific job to which the applicant has applied, with or without accommodations, by observing the individual during an on-the-job work experience of up to 700 hours.
Who is qualified to participate? An individual is qualified to participate in the 700-Hour Program:
- If they have a disability as defined under the Americans with Disabilities Act and have a service provider certify or sign-off on their application, and
- Their disability substantially impairs their ability to demonstrate their skills and abilities for a position through the standard hiring and selection process, and
- They meet the minimum qualifications for the position.
For more information about the Connect 700 On-the-Job Training Program, contact your agency Human Resources Office or the statewide State Affirmative Action Compliance Officer.
- Noncompetitive Appointment of Disabled Veterans Minnesota Statute 43A.111 Noncompetitive Appointment of Certain Disabled Veterans allows agencies to appoint disabled veterans to classified positions on a noncompetitive basis if all qualifying factors are met, including:
- The veteran meets service requirements and has a verified service-connected disability rating of at least 30%,
- The veteran provides qualifying documentation verifying the disability, and
- The veteran meets the position's minimum qualifications.
If an appointing authority chooses to appoint a disabled veteran to a vacant position under this section, the appointing authority is not required to interview any other person.
State agency responsibilities
- Follow your agency's normal process to create a classified vacancy.
- If the agency chooses to appoint a disabled veteran utilizing new provision Minnesota Statute 43A.111 the agency must ensure the following:
- The veteran meets the position's minimum qualifications,
- The required written document (issued by the federal government) is obtained from the veteran indicating the veteran meets the service requirements and has a compensable service-connected disability of a least 30%, and the document was issued within the year preceding appointment.
- Upon appointment, use the SEMA4 reason code: VNC (Veteran Non-Competitive Appt) with appropriate appointment action code (for example: HIR, REH, PRO, DEM, MOV).
Disabled veteran responsibilities As indicated in Minnesota Statute 43A.111, the disabled veteran is responsible for providing the hiring agency with official written documentation indicating they meet the service requirements, have a compensable service-connected disability of at least 30%, and the document was issued within the year preceding appointment.
- Youth Employment Programs
The State of Minnesota has partnered with two of the Twin Cities premier youth employment programs - Right Track (St. Paul) and STEP-UP Achieve (Minneapolis) - to further our efforts in developing a pipeline of diverse talent to meet our future workforce needs.
Each year, these programs recruit, train, and hire a number of talented, low-income youth, including students with disabilities. These opportunities help our local youth explore diverse career interests, gain valuable skills, make professional connections, and prepare them for meaningful careers in state government.
What are the business benefits? These programs are a great opportunity for state agencies to:
- Gain access to the diverse talent pipeline of work-ready, skilled youth.
- Introduce diverse youth to state employment.
- Bring fresh ideas, energy, and creativity to your workplace.
- Offer the satisfaction of transforming a young life and giving back to our community.
- Provide opportunities for employee growth through the experience of supervising program participants.
For more information about youth employment programs, visit the Additional Resources tab on the Leverage Your Resources page (in the Executive Order 14-14 section of the MMB's website).
- Fellowships, Internships, and Student Worker Programs Agencies should look to students and recent graduates as a viable source of qualified people with disabilities. Specifically, when recruiting for fellowships, internships, and student worker positions, ensure that you include students and recent graduates with disabilities. Effective outreach is a great way to tap into the enormous potential offered by this segment of society.
Current programs at the State of Minnesota
For more information and recruiting resources related to fellowships, internships, and student worker programs, visit the Additional Resources tab on the Leverage Your Resources page (in the Executive Order 14-14 section of the MMB's website).