760 C.M.R. 4.06 – LHA Affirmative Action Plan

(1) Purpose. Nondiscrimination and equal opportunity are the policy of the Commonwealth. It is of critical importance for agencies of state and local government to take affirmative steps to prevent discrimination and to promote equality of opportunity in their operations. Where there has been discrimination, affirmative action shall include efforts necessary or appropriate to remedy the effects of such discrimination.
(2) Adoption of Plan. Each LHA shall be responsible for the development, implementation, monitoring and update of a written affirmative action plan. Each LHA shall submit to the Department a board vote that the affirmative action plan has been adopted by the LHA together with a copy of the plan. A similar vote shall be submitted for each change in the plan, along with a copy of the change. The plan shall be kept on file at the LHA and available for inspection by tenants, employees, and applicants for housing and employment. The Department may require changes or updates of the plan in the event that the plan shall be inadequate. The affirmative action plan of an LHA, adopted prior to and in effect on September 5, 2005 shall satisfy the requirement for development of a plan.
(3) Contents of Plan. The affirmative action plan shall include, but not necessarily be limited to, the following:
1. (a) A written equal opportunity policy.
2. (b) A workforce analysis, including:
  1. 1. For each department or division of the LHA, the number of minorities (this number may be further broken down by minority group), the number of women, the number of persons with disabilities and the number of Veterans in each of the following job categories and the total number of employees in each such job category:
    1. a. maintenance and service;
    2. b. clerical;
    3. c. managerial, technical, and professional. For purposes of 760 CMR 4.06 a person with a disability shall be deemed to be an
  individual who has a physical, psychiatric or developmental impairment or has a record of having an impairment or perceived as having an impairment, which substantially limits one or more of his or her major life activities. 2. The number of individuals hired in each such job category during the LHA's previous fiscal year; and the number of minorities (this number may be further broken down by minority group), the number of women, the number of persons with disabilities, and the number of Veterans hired in each such job category during the LHA’s previous fiscal year. 3. A listing of recruitment sources used during the previous fiscal year.
3. (c) A determination of the percentages which minorities (the percentage of minorities may be further broken down by minority group), women, persons with disabilities, and Veterans have in the population of the municipality and the applicable (primary) metropolitan statistical area in which the municipality is located, as determined in the most recent federal census or other reliable data source. The higher of the applicable percentages for minorities, women, persons with disabilities, and Veterans shall be the goals of the LHA for employment in the LHA’s work force. The goal for employment of minorities may be broken down into goals for employment of the distinct minority groups. Ideally, each job category will reflect percentages of minorities (or minority groups), females, persons with disabilities, and Veterans which are the same as the percentages in the overall population of the municipality or the (primary) metropolitan statistical area, whichever is applicable.
4. (d) A description of methods for publicizing job openings so as to encourage job applications by minorities (or members of underrepresented minority groups), women, persons with disabilities, and Veterans, including, but not necessarily limited to, the following:
  1. 1. Publicizing internally and externally through usual means designed to reach a wide audience.
  2. 2. Utilizing media sources which will reach minorities, women, persons with disabilities, and Veterans as necessary.
  3. 3. Contacting organizations which serve minorities, women, persons with disabilities, and Veterans as necessary.
  4. 4. Causing all solicitations or advertisements for employees to state: "An Equal Opportunity Affirmative Action Employer." If consistent with any applicable internal promotion policy, LHAs shall make efforts to
keep job positions open for a reasonable amount of time in order to effectuate the efforts to encourage applications by minorities, women, persons with disabilities, and Veterans. At a minimum, no job position shall be filled until at least two weeks after the publicizing efforts have been taken. (e) A requirement that, for every job opening not filled through internal promotion pursuant to an internal promotion policy, the LHA shall interview a minimum of three qualified candidates, if available, and that an effort shall be made to interview at least one candidate from an underrepresented group. (f) A statement of measures ensuring against discriminatory practices in hiring, including
review and, where necessary, development or revision of the following:
1. 1. recruitment and personnel procedures;
2. 2. selection process, including matters such as job requirements, job descriptions, testing, interviewing, and application forms;
3. 3. internal promotion policy or other policy on promotions;
4. 4. terms and conditions of employment; and
5. 5. policies relating to layoff, recall, termination, demotion, discharge.
1. (g) Provisions for periodic review of the effectiveness of affirmative action efforts, including an annual update of the workforce analysis, the description of methods of publicizing job openings, and the statement of measures insuring against discriminatory practices.
(4) Reports to the Department. Within 90 days after the end of the LHA’s fiscal year, each LHA shall supply the Department with its workforce analysis, its description of methods of publicizing job openings, and its statement of measures ensuring against discriminatory practices for the previous fiscal year. The Department may require an LHA to supply additional information. If at any time the Department shall find that an LHA has failed to comply with its affirmative action plan or has failed to make reasonably effective affirmative action efforts, the Department shall require the LHA to take appropriate corrective measures.
(5) Hiring among Equally Qualified Persons. Until an LHA has reached its affirmative action goals, subject to 760 CMR 6.09(4)(d), when it has a choice between candidates whom the LHA has determined to be equally qualified, if one or more are tenants, such tenant candidate(s) shall be deemed to be more qualified than the non-tenant candidates. If, notwithstanding the preference for tenants in hiring, there remain equally qualified candidates, the order of further consideration as to which candidate to hire shall be as follows:
1. (a) Where an LHA has not reached a goal for employment of minorities (or for employment of members of a particular minority group), qualified minority candidates (or qualified candidates from such minority group).
2. (b) Where an LHA has not reached a goal for employment of persons with disabilities, qualified candidates with disabilities.
3. (c) Where an LHA has not reached a goal for female employment, qualified female candidates.
4. (d) Where an LHA has not reached a goal for employment of Veterans, qualified Veteran candidates.
5. (e) Where a candidate qualifies in more than one category, this fact shall entitle him or her to receive the LHA’s further consideration before other candidates in the highest category for which he or she qualifies.
(6) Residency as a Criteria. Residency within the city or town in which an LHA is located is prohibited as a prerequisite for employment except a residency requirement is permitted in the case of 24 hour on-call maintenance personnel.