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HF 2017

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/22/2021 05:22pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2021

Current Version - as introduced

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A bill for an act
relating to state government; adopting recommendations of the Advisory Task
Force on State Employment and Retention of Employees with Disabilities; requiring
a report; amending Minnesota Statutes 2020, sections 43A.01, subdivision 2;
43A.02, by adding subdivisions; 43A.04, subdivisions 1a, 4, 7; 43A.05, subdivision
1; 43A.09; 43A.10, subdivisions 2a, 7; 43A.14; 43A.15, subdivision 14, by adding
a subdivision; 43A.19, subdivision 1; 43A.191; 43A.21, subdivisions 1, 2, 3, by
adding a subdivision; 43A.36, subdivision 1; 43A.421; proposing coding for new
law in Minnesota Statutes, chapter 43A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 43A.01, subdivision 2, is amended to read:


Subd. 2.

Precedence of merit principles and nondiscrimination.

It is the policy of
this state to provide for equal employment opportunity consistent with chapter 363A by
ensuring that all personnel actions be based on the ability to perform the duties and
responsibilities assigned to the position without regard to age, race, creed or religion, color,
disability, sex, national origin, marital status, status with regard to public assistance, or
political affiliation. It is the policy of this state to take affirmative action to eliminate the
underutilization of qualified members of protected groups in the civil service, where such
action is not in conflict with other provisions of this chapter or chapter 179, in order to
correct imbalances and eliminate the deleted text beginpresentdeleted text end effects of deleted text beginpastdeleted text endnew text begin systemicnew text end discriminationnew text begin and
support full and equal participation in the social and economic life in the state. Managers
and supervisors that are responsible for hiring must be made aware of bias that can be present
in the hiring process
new text end.

No contract executed pursuant to chapter 179A shall modify, waive or abridge this
section and sections 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent
expressly permitted in those sections.

Sec. 2.

Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Accommodation fund. new text end

new text begin "Accommodation fund" means the fund created under
section 16B.4805 for reimbursing state agencies for eligible expenses incurred in providing
reasonable accommodations to state employees with disabilities.
new text end

Sec. 3.

Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Americans with Disabilities Act. new text end

new text begin "Americans With Disabilities Act" or
"ADA" means the Americans with Disabilities Act of 1990, as amended, United States
Code title 42, sections 12101 to 12117.
new text end

Sec. 4.

Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:


new text begin Subd. 18a. new text end

new text begin Digital accessibility. new text end

new text begin "Digital accessibility" means information and
communication technology, including products, devices, services, and content that are
designed and built so people with disabilities can use or participate in them, as defined by
the accessibility standard adopted under section 16E.03, subdivision 9. Any statutory
reference to accessible or accessibility in the context of information and communication
technology includes digital accessibility.
new text end

Sec. 5.

Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:


new text begin Subd. 35a. new text end

new text begin Reasonable accommodation. new text end

new text begin "Reasonable accommodation" has the meaning
given under section 363A.08, subdivision 6.
new text end

Sec. 6.

Minnesota Statutes 2020, section 43A.04, subdivision 1a, is amended to read:


Subd. 1a.

Mission; efficiency.

It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities of
other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public
participation in the business of government;

new text begin (5) ensure that all technology utilized is accessible and provided in a timely manner as
described in sections 363A.42 and 363A.43 and the accessibility standards under section
16E.03, subdivisions 2, clause (3), and 9;
new text end

deleted text begin (5)deleted text endnew text begin (6)new text end utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

deleted text begin (6)deleted text endnew text begin (7)new text end report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1
; and

deleted text begin (7)deleted text endnew text begin (8)new text end recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the departmentdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) endeavor to use equitable and inclusive practices to attract and recruit protected class
employees; actively eliminate discrimination against protected group employees; and ensure
equitable access to development and training, advancement, and promotional opportunities.
new text end

Sec. 7.

Minnesota Statutes 2020, section 43A.04, subdivision 4, is amended to read:


Subd. 4.

Administrative procedures.

The commissioner shall develop administrative
procedures, which are not subject to the rulemaking provisions of the Administrative
Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
of or processes available to the general public. The commissioner may also adopt
administrative procedures, not subject to the Administrative Procedure Act, which concern
topics affecting the general public if those procedures concern only the internal management
of the department or other agencies and if those elements of the topics which affect the
general public are the subject of department rules.

Administrative procedures shall be reproduced and made available for commentnew text begin in
accessible digital formats under section 16E.03
new text end to agencies, employees, and appropriate
exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
days prior to implementation and shall include but are not limited to:

(1) maintenance and administration of a plan of classification for all positions in the
classified service and for comparisons of unclassified positions with positions in the classified
service;

(2) procedures for administration of collective bargaining agreements and plans
established pursuant to section 43A.18 concerning total compensation and the terms and
conditions of employment for employees;

(3) procedures for effecting all personnel actions internal to the state service such as
processes and requirements for agencies to publicize job openings and consider applicants
who are referred or nominate themselves, conduct of selection procedures limited to
employees, noncompetitive and qualifying appointments of employees and leaves of absence;

(4) maintenance and administration of employee performance appraisal, training and
other programs; and

(5) procedures for pilots of the reengineered employee selection process. Employment
provisions of this chapter, associated personnel rules adopted under subdivision 3, and
administrative procedures established under clauses (1) and (3) may be waived for the
purposes of these pilots. The pilots may affect the rights of and processes available to
members of the general public seeking employment in the classified service. The
commissioner will provide public notice of any pilot directly affecting the rights of and
processes available to the general public and make the administrative procedures available
for comment to the general public, agencies, employees, and appropriate exclusive
representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
to implementation.new text begin The public notice must be provided in an accessible digital format under
section 16E.03. The process for providing comment shall include multiple formats to ensure
equal access, including via telephone, digital content, and e-mail.
new text end

Sec. 8.

Minnesota Statutes 2020, section 43A.04, subdivision 7, is amended to read:


Subd. 7.

Reporting.

The commissioner shall issue a written report by February 1 and
August 1 of each year to the chair of the Legislative Coordinating Commission. The report
must list the number of appointments made under each of the categories in section 43A.15,
the number made to the classified service other than under section 43A.15, and the number
made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
and December 31, respectively.new text begin The report must be posted online and must be accessible
under section 16E.03. The commissioner shall advertise these reports in multiple formats
to ensure broad dissemination.
new text end

Sec. 9.

Minnesota Statutes 2020, section 43A.05, subdivision 1, is amended to read:


Subdivision 1.

General.

The commissioner shall perform the duties assigned in this
chapter.

The commissioner's authority and responsibility shall include but not be limited to
maintenance of a classification plan, assignment of all positions in the classified service to
job classes, maintenance and approval of total compensation plans for all positions in the
executive branch pursuant to the provisions of section 43A.18 and other provisions of law;
administration of systems for employee selection; maintenance of employee performance
appraisal, training and affirmative action programs; and maintenance and publication of
logical career paths in the classified civil servicenew text begin that describe career paths available to
qualified individuals with disabilities
new text end.

Sec. 10.

Minnesota Statutes 2020, section 43A.09, is amended to read:


43A.09 RECRUITMENT.

The commissioner in cooperation with appointing authorities of all state agencies shall
maintain an active recruiting program publicly conducted and designed to attract sufficient
numbers of well-qualified people to meet the needs of the civil service, and to enhance the
image and public esteem of state service employment. Special emphasis shall be given to
recruitment of veterans and protected group membersnew text begin, including qualified individuals with
disabilities,
new text end to assist state agencies in meeting affirmative action goals to achieve a balanced
work force.new text begin All technology and digital content related to recruiting and hiring shall be
accessible and usable by people with disabilities.
new text end

Sec. 11.

Minnesota Statutes 2020, section 43A.10, subdivision 2a, is amended to read:


Subd. 2a.

Application requirements.

new text begin(a) new text endThe commissioner shall establish and maintain
a database of applicants for state employment. The commissioner shall establish, publicize,
and enforce minimum requirements for deleted text beginapplication.deleted text endnew text begin applications, and shall ensure that:
new text end

new text begin (1) all postings shall be written so as to be relevant to the duties of the job and be
nondiscriminatory;
new text end

new text begin (2)new text end the appointing authority deleted text beginshall enforcedeleted text endnew text begin enforcesnew text end the established minimum requirements
for applicationnew text begin;
new text end

new text begin (3) the 700-hour on-the-job demonstration experience is considered an alternative,
noncompetitive hiring process for classified positions
new text endfor new text beginqualified new text endindividuals deleted text beginwho express
interest directly to the appointing authority.
deleted text endnew text begin with disabilities; and
new text end

new text begin (4) hiring managers and others involved in the selection process are aware of the
accommodation fund under section 16B.4805 to ensure that people with disabilities obtain
timely and appropriate accommodations within the hiring process and the state agency can
request reimbursement.
new text end

new text begin (b) The commissioner shall ensure that all online application processes and all digital
content shall be accessible and usable for people with disabilities.
new text end

Sec. 12.

Minnesota Statutes 2020, section 43A.10, subdivision 7, is amended to read:


Subd. 7.

Selection process accommodations.

Upon request, the commissioner or
appointing authority shall provide deleted text beginselection processdeleted text endnew text begin reasonablenew text end accommodations to deleted text beginan
applicant with a disability that does not prevent performance of the duties of the position.
The accommodations must provide an opportunity to fairly assess the ability of the applicant
to perform the duties of the position notwithstanding the disability but must preserve, to the
extent feasible, the validity of the selection process and equitable comparison of results
with the results of competitors without
deleted text endnew text begin qualified applicants withnew text end disabilitiesdeleted text begin.deleted text endnew text begin to ensure full
participation in the selection process, including use of the accommodation fund under section
16B.4805 during the selection process. The commissioner must ensure that agencies are
made aware of the accommodation fund and its critical function of removing cost
considerations from interview selection decisions.
new text end

Sec. 13.

Minnesota Statutes 2020, section 43A.14, is amended to read:


43A.14 APPOINTMENTS.

All appointments to the classified service shall be based upon merit and ability to perform
the duties of the position and the needs of the employing agency, including the need to
achieve and maintain a representative work forcenew text begin, including representation of people with
disabilities
new text end. For employees in a bargaining unit as defined in section 179A.10 appointments
shall be subject to applicable provisions of collective bargaining agreements.

Sec. 14.

Minnesota Statutes 2020, section 43A.15, subdivision 14, is amended to read:


Subd. 14.

new text begin700-hour new text endon-the-job demonstration deleted text beginprocess and appointmentdeleted text endnew text begin
experience
new text end.

(a) The commissioner shall deleted text beginestablishdeleted text endnew text begin consult with the Department of Employment
and Economic Development's Vocational Rehabilitation Services and State Services for the
Blind, the Disability Agency Forum, and other disability experts in establishing
new text end qualifying
procedures for applicants whose disabilities are of such a significant nature that the applicants
are unable to demonstrate their abilities in the selection process. The qualifying procedures
must consist of up to 700 hours on-the-job deleted text begintrial workdeleted text endnew text begin demonstrationnew text end experience. deleted text beginUp to three
persons with significant 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
deleted text endnew text begin The 700-hournew text end on-the-job demonstration deleted text beginprocess must be limited to applicants for whom
there is no reasonable accommodation in the selection process
deleted text endnew text begin experience is an alternative,
noncompetitive hiring process for qualified applicants with disabilities. All permanent
executive branch classified positions are eligible for a 700-hour on-the-job demonstration
experience, and all permanent classified job postings must provide information regarding
the on-the-job demonstration overview and certification process
new text end.

(b) 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 deleted text begintrial workdeleted text endnew text begin
demonstration
new text end experience. new text beginQualified applicants should be converted to permanent,
probationary appointments at the point in the 700-hour on-the-job experience at which they
have demonstrated the ability to perform the essential functions of the job.
new text endThe
implementation of this subdivision may not be deemed a violation of chapter 43A or 363A.

new text begin (c) The commissioner and the ADA and disability employment director, described in
section 43A.19, subdivision 1, paragraph (e), are responsible for the administration and
oversight of the 700-hour on-the-job demonstration experience, including the establishment
of policies and procedures, data collection and reporting requirements, and compliance.
new text end

new text begin (d) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the 700-hour on-the-job demonstration experience. All executive
leaders, managers, supervisors, human resources professionals, affirmative action officers,
and ADA coordinators must receive annual training on the program.
new text end

new text begin (e) The commissioner shall enter into a memorandum of understanding with the
Department of Employment and Economic Development's State Services for the Blind and
Vocational Rehabilitation Services to provide technical assistance on the hiring and retention
of individuals with disabilities.
new text end

new text begin (f) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the 700-hour on-the-job
demonstration experience under this subdivision and supported work program under section
43A.421, subdivision 2.
new text end

new text begin (g) Appointing agencies shall ensure that reasonable accommodation requests, including
accessible technology or alternative formats, are provided in a timely manner during the
application and hiring process and throughout the 700-hour on-the-job demonstration
experience period pursuant to sections 363A.42 and 363A.43 and the accessibility standards
under section 16E.03, subdivisions 2, clause (3), and 9.
new text end

Sec. 15.

Minnesota Statutes 2020, section 43A.15, is amended by adding a subdivision to
read:


new text begin Subd. 14a. new text end

new text begin Report and survey. new text end

new text begin (a) The commissioner shall annually collect
enterprise-wide statistics on the 700-hour on-the-job demonstration experience under
subdivision 14 and annually issue a report that includes the following:
new text end

new text begin (1) the number of certifications submitted, granted, and rejected;
new text end

new text begin (2) the number of applicants interviewed, appointed, and converted to probationary
status;
new text end

new text begin (3) the number of employees retained after one year in state employment;
new text end

new text begin (4) the number of employees with terminated appointments and the reason for termination;
new text end

new text begin (5) the average length of time in an on-the-job demonstration appointment;
new text end

new text begin (6) the number and category of entity certifications; and
new text end

new text begin (7) by department or agency, the number of appointments and hires and the number of
managers and supervisors trained.
new text end

new text begin (b) The commissioner or the commissioner's designee shall develop and administer an
annual survey of participants in the 700-hour on-the-job demonstration experience who are
hired and those who are not hired, as well as the managers of participants in the 700-hour
on-the-job demonstration experience. The commissioner of management and budget must
meet at least annually with the Department of Employment and Economic Development's
Vocational Rehabilitation Services and State Services for the Blind, the Disability Agency
Forum, and other disability experts to review the survey results, assess program satisfaction,
recommend areas for continuous improvement, and develop a summary report which must
be published annually on the department's website.
new text end

Sec. 16.

Minnesota Statutes 2020, section 43A.19, subdivision 1, is amended to read:


Subdivision 1.

Statewide affirmative action program.

(a) To assure that positions in
the executive branch of the civil service are equally accessible to all qualified persons, and
to eliminate the deleted text beginunderutilization of qualified members of protected groupsdeleted text endnew text begin effects of past
and present discrimination, intended or unintended, on the basis of protected group status
new text end,
the commissioner shall adopt and periodically revise, if necessary, a statewide affirmative
action program. The statewide affirmative action program must consist of at least the
following:

(1) objectives, goals, and policies;

(2) procedures, standards, and assumptions to be used by agencies in the preparation of
agency affirmative action plans, including methods by which goals and timetables are
established;

(3) the analysis of separation patterns to determine the impact on protected group
members; and

(4) requirements for annual objectives and submission of affirmative action progress
reports from heads of agencies.

new text begin Agency heads must report the data in clause (2) to the state Director of Recruitment,
Retention and Affirmative Action and the state ADA coordinator, in addition to being
available to anyone upon request. The commissioner of management and budget must post
the aggregate and agency-level reports under clause (4) on the agency's website.
new text end

(b) The commissioner shall establish statewide affirmative action goals for each of the
federal Equal Employment Opportunity (EEO) occupational categories applicable to state
employment, using at least the following factors:

(1) the percentage of members of each protected class in the recruiting area population
who have the necessary skills; and

(2) the availability for promotion or transfer of current employees who are members of
protected classes.

(c) The commissioner may use any of the following factors in addition to the factors
required under paragraph (b):

(1) the extent of unemployment of members of protected classes in the recruiting area
population;

(2) the existence of training programs in needed skill areas offered by employing agencies
and other institutions; and

(3) the expected number of available positions to be filled.

(d) The commissioner shall designate a state director of diversity and equal employment
opportunity who may be delegated the preparation, revision, implementation, and
administration of the program. The commissioner of management and budget may place
the director's position in the unclassified service if the position meets the criteria established
in section 43A.08, subdivision 1a.

new text begin (e) The commissioner shall designate a statewide ADA and disability employment
director who may be delegated the preparation, revision, implementation, evaluation, and
administration of the program. This position must administer the 700-hour on-the-job
demonstration experience under the supported work program and disabled veteran's
employment programs. The ADA and disability employment director shall have education,
knowledge, and skills in disability policy, employment, and the ADA. The commissioner
may place the director's position in the unclassified service if the position meets the criteria
established in section 43A.08, subdivision 1a.
new text end

new text begin (f) Agency affirmative action plans, including reports and progress, must be posted on
the agency's public and internal websites within 30 days of being approved. The
commissioner of management and budget shall post a link to all executive branch
agency-approved affirmative action plans on its public website. Accessible copies of the
affirmative action plan must be available to all employees and members of the general public
upon request.
new text end

Sec. 17.

Minnesota Statutes 2020, section 43A.191, is amended to read:


43A.191 AGENCY AFFIRMATIVE ACTION PROGRAMS.

Subdivision 1.

Affirmative action officers.

(a) Each agency with 1,000 employees or
more shall have at least one full-time affirmative action officer, who shall have primary
responsibility for developing and maintaining the agency's affirmative action plan. The
officer shall devote full time to affirmative action activities. The affirmative action officer
shall report administratively and on policy issues directly to the agency head.new text begin Pursuant to
section 43A.08, subdivision 1a, clause (4), the affirmative action officer must not be an
unclassified employee.
new text end

(b) The agency heads shall assign affirmative action officers or designees for agencies
with fewer than 1,000 employees. The designees shall report administratively and on policy
issues directly to the agency head.

(c) An agency may not use authority under section 43A.08, subdivision 1a, to place the
position of an agency affirmative action officer or designee in the unclassified service.

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 deleted text begindisableddeleted text end personsnew text begin with disabilitiesnew text end. The reasonable
accommodation plan must consist of at least the following:

(1) procedures for compliance with sections 16E.03, subdivision 9, 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 providingnew text begin timely access tonew text end reasonable deleted text beginaccommodation
for disabled job applicants, current employees, and employees
deleted text endnew text begin accommodations during the
application process, throughout current employment, and when
new text end seeking promotion;

(3) provisions for funding reasonable accommodations; and

(4) 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.

(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 agency may consult with the Council on Disability, vocational rehabilitation
services, state services for the blind, and other disability experts to review and make
recommendations on recruitment and retention of people with disabilities.

(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.

new text begin Subd. 2a. new text end

new text begin Disability recruitment, hiring, and advancement. new text end

new text begin (a) Each agency affirmative
action plan must include a section that provides sufficient assurances, procedures, and
commitments to provide adequate hiring, placement, and advancement opportunities for
individuals with disabilities at all levels of state employment. The criteria for this section
of the agency affirmative action plan must include a section on disability hiring and
advancement, including the provisions in this subdivision.
new text end

new text begin (b) The plan must describe specific actions to ensure that a broad range of individuals
with disabilities will be aware of and be encouraged to apply for job vacancies when eligible.
The actions must include, at a minimum:
new text end

new text begin (1) the use of programs and resources that identify job applicants with disabilities who
are eligible to be appointed under a hiring authority that takes disability into account,
consistent with the demonstration program under section 43A.15, subdivision 14. The
programs may include the Department of Employment and Economic Development's
Vocational Rehabilitation Services and State Services for the Blind that provide the
qualifications necessary for positions within the agency to individuals with disabilities.
Resources may include databases of individuals with disabilities who previously applied to
the agency but were not hired for the positions they applied for, and training and internship
programs that lead directly to employment for individuals with disabilities; and
new text end

new text begin (2) establishment and maintenance of contacts, which may include formal agreements,
with organizations that specialize in providing assistance to individuals with disabilities in
securing and maintaining employment, such as the Department of Employment and Economic
Development's Vocational Rehabilitation Services, State Services for the Blind, community
rehabilitation programs, day training and habilitation programs, and employment network
service providers.
new text end

new text begin (c) The plan must ensure that the agency has designated sufficient staff to handle any
disability-related issues that arise during the application and selection process, and shall
require the agency to provide staff with sufficient training, support, and other resources to
carry out the responsibilities under this section. Responsibilities include, at a minimum:
new text end

new text begin (1) ensuring that disability-related questions from members of the public regarding the
agency's application and selection processes are answered promptly and correctly, including
questions about reasonable accommodations needed by job applicants during the application
and selection process and questions about how individuals may apply for positions under
hiring authorities that take disability into account;
new text end

new text begin (2) processing requests for reasonable accommodations needed by job applicants during
the application and placement process and ensuring that the agency provides such
accommodations when required;
new text end

new text begin (3) accepting applications for a position under hiring authorities that take disability into
account;
new text end

new text begin (4) if an individual has applied for appointment to a particular position under a hiring
authority that takes disability into account, determining whether the individual is eligible
for appointment under such authority and, if so, forwarding the individual's application to
the relevant hiring officials with an explanation of how and when the individual may be
appointed, consistent with all applicable laws; and
new text end

new text begin (5) overseeing any other agency programs designed to increase hiring of individuals
with disabilities.
new text end

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.new text begin The department must report all audit findings to the governor's office if a
state agency fails to meet any of its affirmative action requirements for two consecutive
years.
new text end

(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.new text begin
The report must be made available to the public on the department's website.
new text end

(c) An agency that does not meet its hiring goals must justify its nonaffirmative action
hires in competitive appointments and noncompetitive appointments made under section
43A.08, subdivisions 1, clauses (9), (11), and (16), and 2a; and section 43A.15, subdivisions
3, 10, 12, and 13, according to criteria issued by the department deleted text beginof Management and Budgetdeleted 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.

(h) The commissioner must maintain and make available, on an annual basis, summary
data as defined in section 13.02, subdivision 19, on the percentage of members of each
protected group as defined in section 43A.02, subdivision 33, that were hired in the executive
branch in each of the federal Equal Employment Opportunity (EEO) occupational categories
applicable to state employment. Nothing in this provision, however, shall require any person
to disclose their protected group status, nor shall it require the commissioner or any
appointing authority to determine the protected group status of any person.

Sec. 18.

Minnesota Statutes 2020, section 43A.21, subdivision 1, is amended to read:


Subdivision 1.

Authority; purpose.

The commissionernew text begin, in coordination with the statewide
ADA and disability employment director and chief inclusion officer,
new text end shall develop and
interpret policy and administer and, to the extent possible, conduct programs in training and
development for employees tonew text begin, at a minimum:
new text end

new text begin (1)new text end promote individual, group and agency efficiency and effectivenessdeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) build employee capacity to deliver accessible and inclusive services to the public,
including people with disabilities; and
new text end

new text begin (3) support an inclusive work environment for employees with disabilities and employees
of other protected classes.
new text end

Sec. 19.

Minnesota Statutes 2020, section 43A.21, subdivision 2, is amended to read:


Subd. 2.

Responsibilities.

new text begin(a) new text endThe commissioner is responsible for developing and
coordinating consistent training policy which shall be binding on all state agencies in the
executive branch. The policies shall include conditions under which employees may receive
or be assigned to training; internships and work-training programs; minimum and maximum
training standards for employee participation and agency reporting requirements.new text begin At a
minimum, state employees must receive training on statutes or policies related to:
new text end

new text begin (1) Title II of the Americans with Disabilities Act;
new text end

new text begin (2) the state's affirmative action policy;
new text end

new text begin (3) equal opportunity employment; and
new text end

new text begin (4) digital accessibility standards.
new text end

new text begin (b)new text end Career development training is a permissive subject of collective bargaining. Each
appointing authority in the executive branch, including the Minnesota State Retirement
System and the Teachers Retirement Association, is primarily responsible for planning,
budgeting, conducting and evaluating training programs.

Sec. 20.

Minnesota Statutes 2020, section 43A.21, subdivision 3, is amended to read:


Subd. 3.

Programs.

new text begin(a) new text endThe commissioner or the commissioner's designee shall design
and implement management training and development programs for the state service. The
programs shall include but not be limited to mandatory training and development
requirements for managers and supervisors. No person shall acquire permanent status in a
management or supervisory position in the classified service until training and development
requirements have been met.

new text begin (b) All managers and supervisors must receive training on inclusive work environments,
disability awareness, cultural competence, and other equity and diversity areas.
new text end

new text begin (c) Agencies shall conduct an annual Americans with Disabilities Act self-assessment
to ensure training programs meet the standards for universal design in learning.
new text end

Sec. 21.

Minnesota Statutes 2020, section 43A.21, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Accessibility. new text end

new text begin The commissioner is responsible for ensuring that all training
content and platforms meet the accessibility standards under section 16E.03, subdivisions
2, clause (3), and 9. Reasonable accommodations must be implemented in a timely and
appropriate manner to ensure that all state employees can participate in state-offered trainings.
All state employees, including ADA coordinators and human resources staff, must have the
training and resources to implement an accessible and inclusive workplace.
new text end

Sec. 22.

Minnesota Statutes 2020, section 43A.36, subdivision 1, is amended to read:


Subdivision 1.

Cooperation; state agencies.

new text begin(a) new text endThe commissioner may delegate
administrative functions associated with the duties of the commissioner to appointing
authorities who have the capability to perform such functions when the commissioner
determines that it is in the best interests of the state civil service. The commissioner shall
consult with agencies and agencies shall cooperate as appropriate in implementation of this
chapter.

new text begin (b) new text endThe commissioner, in conjunction with appointing authorities, shall analyze and
assess current and future human resource requirements of the civil service and coordinate
personnel actions throughout the civil service to meet the requirements. The commissioner
shall provide recruiting assistance and make the applicant database available to appointing
authorities to use in making appointments to positions in the unclassified service.

new text begin (c) new text endThe head of each agency in the executive branch shall designate an agency personnel
officer. The agency personnel officer shall be accountable to the agency head for all personnel
functions prescribed by laws, rules, collective bargaining agreements, the commissioner
and the agency head. Except when otherwise prescribed by the agency head in a specific
instance, the personnel officer shall be assumed to be the authority accountable to the agency
head over any other officer or employee in the agency for personnel functions.

new text begin (d) new text endThe head of each agency in the executive branch shall designate an affirmative action
officer who shall have primary responsibility for the administration of the agency's
affirmative action plan. The officer shall report directly to the head of the agency on
affirmative action matters.

new text begin (e) Pursuant to section 43A.431, the head of each agency in the executive branch shall
designate an ADA coordinator who shall have primary responsibility for the administration
of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall
report directly to the commissioner.
new text end

Sec. 23.

Minnesota Statutes 2020, section 43A.421, is amended to read:


43A.421 SUPPORTED WORK PROGRAM.

new text begin Subdivision 1. new text end

new text begin Program established. new text end

deleted text beginA total of 50 full-timedeleted text endnew text begin Activenew text end positions within
agencies of state government may be selected for inclusion for a supported work program
for persons with severe disabilities. A full-time position may be shared by up to three persons
with severe disabilities and their job coach. The job coach is not a state employee within
the scope of section 43A.02, subdivision 21, or 179A.03, subdivision 14, unless the job
coach holds another position within the scope of section 43A.02, subdivision 21, or 179A.03,
subdivision 14
.new text begin All classified supported work job postings need to link to the overview and
application process for the supported work program.
new text end

new text begin Subd. 2. new text end

new text begin Responsibilities. new text end

new text begin (a) The commissioner is responsible for the administration
and oversight of the supported work program, including the establishment of policies and
procedures, data collection and reporting requirements, and compliance.
new text end

new text begin (b) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the supported work program. All executive leaders, managers,
supervisors, human resources professionals, affirmative action officers, and Americans with
Disabilities Act coordinators must receive training regarding the program.
new text end

new text begin (c) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the program.
new text end

Sec. 24.

new text begin [43A.431] AMERICANS WITH DISABILITIES ACT COORDINATORS.
new text end

new text begin (a) Each state agency shall designate at least one ADA coordinator who is responsible
for implementation of Title I of the ADA, to advance the prohibition on discrimination
against qualified individuals with disabilities in job application procedures, hiring, firing,
advancement, compensation, job training and other terms, conditions, and privileges of
employment. The ADA coordinator must have demonstrated knowledge and experience in:
new text end

new text begin (1) the recruitment, selection, development, and retention of people with disabilities;
new text end

new text begin (2) workforce data analysis;
new text end

new text begin (3) disability employment laws and regulations; and
new text end

new text begin (4) strategy development for universal and inclusive workplaces.
new text end

new text begin (b) The ADA coordinator is responsible for overseeing the development, implementation,
monitoring, and evaluation of effective strategies to attract, engage, and advance people
with disabilities. This includes assisting employees with identifying, acquiring, and
maintaining effective accommodations and submitting reimbursement requests to the
statewide accommodation fund under section 16B.4805.
new text end

new text begin (c) The ADA coordinator is responsible for collecting data and preparing reports to
ensure transparency and accountability and must serve as a key liaison for disability
employment and training initiatives.
new text end

Sec. 25. new text beginADVISORY COMMITTEE ON SERVICE WORKER STANDARDS.
new text end

new text begin The commissioner of management and budget shall convene an advisory committee to
review and make recommendations regarding updates and clarifications to the service worker
class specifications under Minnesota Statutes, section 43A.071. By January 15, 2022, the
commissioner shall report to the legislative committees with jurisdiction over state
government employees on recommendations for changes to Minnesota Statutes, section
43A.071.
new text end