Minnesota Legislature
HF 1968
as introduced - 91st Legislature (2019 - 2020) Posted on 04/04/2019 04:42pm
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A bill for an act
relating to state government; modifying provisions related to state employees with
disabilities; creating a working group; requiring a report; amending Minnesota
Statutes 2018, sections 43A.15, subdivision 14; 43A.191, subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 43A.15, subdivision 14, is amended to read:
Subd. 14.
On-the-job demonstration process and appointment.
new text begin (a) new text end The commissioner
shall establish qualifying procedures for applicants deleted text begin whose disabilities are of such a severe
nature that the applicants are unable to demonstrate their abilities in the selection processdeleted text end new text begin
with significant disabilities as defined in Minnesota Rules, part 3300.5010, subpart 18new text end . The
qualifying procedures must consist of up to 700 hours on-the-job trial work experience deleted text begin for
which the disabled person has the option of being paid or unpaiddeleted text end . deleted text begin Up to three persons with
severe disabilities and their job coach may be allowed to demonstrate their job competence
as a unit through the on-the-job trial work experience selection procedure. This on-the-job
demonstration process must be limited to applicants for whom there is no reasonable
accommodation in the selection process.
deleted text end
new text begin
(b) Up to three persons with significant disabilities and their job coaches may be allowed
to demonstrate their job competence as a unit through the on-the-job trial work experience
selection procedure as defined in Minnesota Rules, part 3300.5010, subpart 18. This
on-the-job demonstration process must be limited to applicants for whom there is no
reasonable accommodation in the selection process.
new text end
new text begin (c) new text end The commissioner may authorize the probationary appointment of an applicant based
on the request of the appointing authority that documents that the applicant has successfully
demonstrated qualifications for the position through completion of an on-the-job trial work
experience. The implementation of this subdivision may not be deemed a violation of chapter
43A or 363A.
Sec. 2.
Minnesota Statutes 2018, section 43A.191, subdivision 2, is amended to read:
Subd. 2.
Agency affirmative action plans.
(a) The head of each agency in the executive
branch shall prepare and implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision of reasonable accommodation
in the hiring and promotion of qualified disabled persons. The reasonable accommodation
plan must consist of at least the following:
(1) procedures for compliance with sectionsnew text begin 16E.03, subdivision 9,new text end 363A.08 to 363A.19,
and 363A.28, subdivision 10, and, where appropriate, regulations implementing United
States Code, title 29, section 794, as amended through December 31, 1984, which is section
504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act,
United States Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 401, 402, and 501
to 514;
(2) methods and procedures for providing reasonable accommodation for disabled job
applicants, current employees, and employees seeking promotion; deleted text begin and
deleted text end
(3) provisions for funding reasonable accommodationsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) a plan to ensure that any collective bargaining agreement between the state and
agency employees provides equal employment opportunity for job applicants with disabilities
and current employees with disabilities seeking promotion; and
new text end
new text begin
(5) the number of requests made, the number of requests approved, and the number of
requests reimbursed from the state accommodation account under section 16B.4805.
new text end
(c) The agency plan must be prepared by the agency head with the assistance of the
agency affirmative action officer and the director of diversity and equal employment
opportunity. The new text begin agency may consult with the new text end Council on Disability deleted text begin shall provide assistance
with the agency reasonable accommodation plandeleted text end new text begin , vocational rehabilitation services, state
services for the blind, and other disability experts to review and make recommendations on
recruitment and retention of people with disabilitiesnew text end .
(d) The agency plan must identify any positions in the agency that can be used for
supported employment as defined in section 268A.01, subdivision 13, of persons with severe
disabilities. The agency shall report this information to the commissioner. An agency that
hires more than one supported worker in the identified positions must receive recognition
for each supported worker toward meeting the agency's affirmative action goals and
objectives.
(e) An agency affirmative action plan may not be implemented without the
commissioner's approval.
Sec. 3.
Minnesota Statutes 2018, section 43A.191, subdivision 3, is amended to read:
Subd. 3.
Audits; sanctions and incentives.
(a) The commissioner shall annually audit
the record of each agency to determine the rate of compliance with affirmative action
requirements.
(b) By March 1 of each odd-numbered year, the commissioner shall submit a report on
affirmative action progress of each agency and the state as a whole to the governor and to
the Finance Committee of the senate, the Ways and Means Committee of the house of
representatives, the Governmental Operations Committees of both houses of the legislature,
and the Legislative Coordinating Commission. The report must include noncompetitive
appointments made under section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 7,
10, and 12, and cover each agency's rate of compliance with affirmative action requirements.
(c) An agency deleted text begin that does not meet its hiring goalsdeleted text end must justify its deleted text begin nonaffirmative actiondeleted text end
hires in competitive and noncompetitive appointments according to criteria issued by the
Department of Management and Budget. deleted text begin "Missed opportunity" includes failure to justify a
nonaffirmative action hire. An agency must have 25 percent or less missed opportunities
in competitive appointments and 25 percent or less missed opportunities in appointments
made under sections 43A.08, subdivisions 1, clauses (9), (11), and (16); and 2a; and 43A.15,
subdivisions 3, 10, 12, and 13.deleted text end new text begin The criteria must include the number of applicants hired
through on-the-job trial work experience, the number of applicants who receive authorization
for a probationary period, and the number of applicants who are offered an appointment.new text end
In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected group members by following an
active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and procedures for measuring
compliance.
(e) An agency is encouraged to develop other innovative ways to promote awareness,
acceptance, and appreciation for diversity and affirmative action. These innovations will
be considered when evaluating an agency's compliance with this section.
(f) An agency not in compliance with affirmative action requirements of this section
must identify methods and programs to improve performance, to reallocate resources
internally in order to increase support for affirmative action programs, and to submit program
and resource reallocation proposals to the commissioner for approval. An agency must
submit these proposals within 120 days of being notified by the commissioner that it is out
of compliance with affirmative action requirements. The commissioner shall monitor
quarterly the affirmative action programs of an agency found to be out of compliance.
(g) The commissioner shall establish a program to recognize an agency that has made
significant and measurable progress in implementing an affirmative action plan.
new text begin
(h) The commissioner must publish on the Minnesota Management and Budget website
summary data about all appointments including protected class status and job classification
of each.
new text end
Sec. 4. new text begin WORKING GROUP ON STATE EMPLOYMENT AND RETENTION OF
EMPLOYEES WITH DISABILITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Members. new text end
new text begin
(a) A working group on state employment and retention of
employees with disabilities is formed and must consist of the following members:
new text end
new text begin
(1) a representative of the Commission of the Deaf, Deafblind and Hard of Hearing;
new text end
new text begin
(2) a representative of the Governor's Council on Developmental Disabilities;
new text end
new text begin
(3) a representative of Vocational Rehabilitation Services from within the Department
of Employment and Economic Development;
new text end
new text begin
(4) a representative of State Services for the Blind from within the Department of
Employment and Economic Development;
new text end
new text begin
(5) a representative of the Minnesota Council on Disability;
new text end
new text begin
(6) a representative of the Office of the Ombudsman for Mental Health and
Developmental Disabilities;
new text end
new text begin
(7) a representative of the Olmstead Implementation Office with the Minnesota Housing
Finance Agency;
new text end
new text begin
(8) a representative of the MN.IT Office of Accessibility;
new text end
new text begin
(9) a representative of A System of Technology to Achieve Results from within the
Department of Administration; and
new text end
new text begin
(10) a representative from Minnesota Management and Budget.
new text end
new text begin
(b) Each of the entities listed in paragraph (a) must appoint its representative to the
working group.
new text end
new text begin Subd. 2. new text end
new text begin Convening authority; chair. new text end
new text begin
The Commission of the Deaf, Deafblind and
Hard of Hearing is responsible for convening the working group and its representative to
the working group shall act as chair for all meetings.
new text end
new text begin Subd. 3. new text end
new text begin Duties; timing. new text end
new text begin
The working group must report on strategies for attracting and
retaining state employees with disabilities to Minnesota Management and Budget and to
the legislative committees with responsibility for state finance and operation. The report
must be delivered by January 15, 2020.
new text end