Sec.46a-68-75. Definitions

As used in sections 46a-68-75 to 46a-68-114, inclusive, of the Regulations of Connecticut State Agencies:

(1) "Adverse impact" means a substantially different rate of selection, generally a selection rate for any protected group less than four-fifths (4/5) of the rate for the group most favored by the selection device.

(2) "Affirmative action" means positive action, undertaken with conviction and effort to overcome the present effects of past practices, policies or barriers to equal employment opportunity and to achieve the full and fair participation of women, blacks and Hispanics and any other protected group found to be underutilized in the workforce or affected by policies or practices having an adverse impact.

(3) "Affirmative action plan" or "plan" means a detailed, result-oriented set of procedures, prepared and approved in accordance with section 46a-68 of the Connecticut General Statutes and sections 46a-68-75 to 46a-68-114, inclusive, of the Regulations of Connecticut State Agencies, which blueprints a strategy to combat discrimination and achieve affirmative action.

(4) "Agency" means each state agency, department, board, educational institution, commission or entity required to file an affirmative action plan pursuant to section 46a-68 of the Connecticut General Statutes.

(5) "Applicant" means a person applying for employment with an agency or having on file with the Department of Administrative Services or an agency an application for admission to a test used to establish an employment list for appointment to a position or position classification.

(6) "Appointing authority" means a board, commission, officer, commissioner, person or group of persons having the power to make appointments by virtue of a statute or by other lawfully delegated authority.

(7) "Availability base" means the number of persons in the relevant labor market currently possessing skills, abilities and qualifications necessary for the performance of a job or reasonably capable of acquiring in a reasonable period of time the requisite skills through training.

(8) "Compliance" means conformity with the requirements set forth in section 46a-68 of the Connecticut General Statutes and regulations promulgated thereunder.

(9) "Discriminatory practice" means any discriminatory practice as defined in section 46a-51(8) of the Connecticut General.

(10) "Employee" means any person holding a position in state service subject to appointment by an appointing authority.

(11) "Employment analyses" means a review of the employment process to identify potential barriers to equal employment opportunity and affirmative action.

(12) "Equal employment opportunity" means employment of individuals without consideration of protected classes in chapter 814c of the Connecticut General Statutes unless there is a bona fide occupational qualification excluding persons in a protected group.

(13) "Full-time employee" means an employee holding a permanent position normally requiring thirty-five hours or more of service in each week.

(14) "Goal" means a hiring, promotion or program objective that an agency strives to attain.

(15) "Good faith effort" means the initiatives delineated in section 46a-68-92 of the Regulations of Connecticut State Agencies including that degree of care and diligence which a reasonable person would exercise in the performance of legal duties and obligations. At a minimum, it includes all those efforts reasonably necessary to achieve full compliance with the law. Further, it includes additional or substituted efforts when initial endeavors will not meet statutory or regulatory requirements. Finally, it includes documentary evidence of all action undertaken to achieve compliance, especially where requirements have not or will not be achieved within the reporting period established pursuant to section 46a-68-92 of the Regulations of Connecticut State Agencies.

(16) "Labor market" or "Labor market area" means a geographical area from which an agency may reasonably recruit or expect to recruit an employee for hire, promotion or transfer.

(17) "Occupational category" means an office, offices, position, positions, position classification, position classifications or any combination thereof, grouped by job content or primary occupational activity into categories according to instructions contained in the appendices published by the United States Equal Employment Opportunity Commission.

(18) "Office" means any position or position classification in state service established by statute, including appointing authorities, except those job titles set out in sections 5-198(1) to 5-198(3), inclusive, of the Connecticut General Statutes and members of boards and commissions.

(19) "Original appointment" means an appointment to a position or position classification made in accordance with section 5-228(d) of the Connecticut General Statutes and, for the purpose of sections 46a-68-75 to 46a-68-114, inclusive, of the Regulations of Connecticut State Agencies, appointments to the unclassified service.

(20) “Other employee” means a full-time employee who does not have permanent status.

(21) "Parity" means a condition where the percentage of the representation of a protected class in the workforce, occupational category, or job title equals the percentage of such persons in the availability base as determined in accordance with section 46a-68-84 of the Regulations of Connecticut State Agencies.

(22) "Position" means a group of duties and responsibilities currently assigned or designed by competent authority to require the services of one employee.

(23) "Position classification" means a group of positions within an agency sufficiently similar in respect to the duties, responsibilities and authority thereof that the same title may be used to designate each position allocated to the classification; that similar requirements as to education, experience, capacity, knowledge, proficiency, ability and other qualifications shall be required of the incumbents; that similar tests of fitness may be used to choose qualified employees; and that the same schedule of compensation may be made to apply with equity.

(24) "Program goal" means a target established to respond to an identified obstacle to equal employment opportunity.

(25) "Promotional appointment" or "promotion" means an appointment to a position or position classification made in accordance with section 5-228(b) or 5-228(c) of the Connecticut General Statutes and, for the purpose of sections 46a-68-75 to 46a-68-114, inclusive, of the Regulations of Connecticut State Agencies, appointments to the unclassified service.

(26) "Protected class" or "protected group" means those classes or groups of persons specified in and protected by applicable state or federal antidiscrimination laws, except that, for equal employment opportunity purposes, the limitations set forth in section 46a-61 of the Connecticut General Statutes shall apply.

(27) "Qualified applicant" is a person who meets the minimum requirements stipulated in a job description and has passed the examination for such job.

(28) "Race and sex" or "race and sex group" means the following groups of persons: white males, black males, Hispanic males, other males, white females, black females, Hispanic females and other females.

(29) "Underutilization" or "underutilized" means a condition where the percentage of representation of a protected class in the workforce, occupational category or job title is less than the percentage of such persons in the availability base.

(30) "Utilization analysis" means a comparison between the race and sex composition of the workforce, occupational category or job title with the availability base of such persons in the relevant labor market.

(31) "Workforce analysis" means a comprehensive inventory of all employees by race, sex, job title and occupational category.

(Effective April 17, 2015)