MONTANA DEPARTMENT OF JUSTICE

1 MONTANA DEPARTMENT OF JUSTICE NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY (EEO) & AFFIRMATIVE ACTION (AA) PLAN Attorney General STEVE BULLOCK January 1, 2012 to December 31, 2012 DOJ EEO/AA Plan 2012 Page 2 of 33 Table of Contents NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY & AFFIRMATIVE ACTION POLICY STATEMENT .. 3 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT RESOLUTION PROCEDURE .. 4 DISSEMINATION OF POLICY STATEMENT .. 7 ORGANIZATIONAL CHART .. 8 DEPARTMENT OVERVIEW .. 9 RESPONSIBILITY FOR IMPLEMENTATION .. 12 PROBLEM IDENTIFICATION AND DEFICIENCY CORRECTIONS AFFIRMATIVE ACTION FOR WOMEN .. 13 PROBLEM IDENTIFICATION AND DEFICIENCY CORRECTIONS- MINORITIES.

2 23 AFFIRMATIVE ACTION FOR PEOPLE WITH DISABILITIES .. 31 ADMINISTERING THE EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PROGRAM .. 33 The MONTANA DEPARTMENT of JUSTICE attempts to provide accommodations for any known disability that may interfere with a person's ability to participate in any service, program or activity of the DEPARTMENT . Alternative accessible formats of this document will be provided upon request. For further information, please contact: Central Services Division Human Resource Services Bureau DEPARTMENT of JUSTICE 302 North Roberts/PO Box 201404 Helena, MT 59620 Phone Numbers: (406) 444-4229 (406) 444-1887 Fax DOJ EEO/AA Plan 2012 Page 3 of 33 PART I NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY & AFFIRMATIVE ACTION POLICY STATEMENT It is the policy of the MONTANA DEPARTMENT of JUSTICE to provide services and equal employment opportunity (EEO) to all persons regardless of race, color, religion, creed, sex, sexual orientation, national origin, age, mental or physical disability, marital status, or political belief with the exception of special programs established by law.

3 Likewise, the DEPARTMENT will not tolerate discrimination or harassment because of a person s marriage to or association with individuals in one of the previously mentioned protected classes. Additionally, the DEPARTMENT prohibits discrimination based on genetic information with respect to employment or state-sponsored group health plans in compliance with the Federal Genetic Information Nondiscrimination Act of 2008 (GINA). It is the DEPARTMENT s position that all employees have a right to work in an environment free from all forms of discrimination, including sexual harassment. As such, the DEPARTMENT practices zero tolerance of harassment in any form. The DEPARTMENT of JUSTICE makes a commitment to provide reasonable accommodation to any known disability that may interfere with an individual s ability to receive or participate in DEPARTMENT services or programs, an applicant's ability to compete in the selection process, or an employee's ability to perform the duties of the job.

4 The DEPARTMENT of JUSTICE guarantees employee protection against retaliation for lawfully opposing any discriminatory practice, including the filing of an internal grievance alleging unlawful discrimination, the filing of a union grievance, the initiation of an external administrative or legal proceeding or testifying in or participating in any of the above. The DEPARTMENT of JUSTICE will take affirmative action (AA) to equalize employment opportunities at all levels of DEPARTMENT operations where there is evidence that there have been barriers to employment for those classes of people who have traditionally been denied equal employment opportunity. Implementation of this DEPARTMENT 's affirmative action program is the responsibility of each division administrator and supervisor.

5 The designated EEO/AA Officer for the DEPARTMENT of JUSTICE is Kila Shepherd, who is responsible for coordinating the DEPARTMENT 's EEO/AA program and for resolving applicant and employee EEO complaints. Ms. Shepherd s address is 302 North Roberts, Scott Hart Building, Helena, MT 59620, and her phone number is (406) 444-4229. DOJ EEO/AA Plan 2012 Page 4 of 33 THE MONTANA DEPARTMENT OF JUSTICE NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT RESOLUTION PROCEDURE The MONTANA DEPARTMENT of JUSTICE is committed to resolving complaints of discrimination in a fair and timely manner.

6 The complaint resolution procedure is a dispute resolution process used when an applicant, client, customer or employee alleges that discrimination has taken place. Management must investigate when reports are received. Complaints concerning all forms of discrimination are submitted to the DEPARTMENT s ADA/EEO/AA Officer. This complaint resolution procedure may not cover members of a collective bargaining unit unless it is stipulated in the bargaining agreement. A. COMPLAINANT S RESPONSIBLITY Any applicant, client, customer or employee who believes he or she or another person has been subjected to a discrimination of the Equal Employment Opportunity Policy is encouraged to report the incident(s) or action(s) to management as soon as possible after the alleged discrimination occurs.

7 Complaints may be oral or in writing; however, complainants are encouraged to use the DEPARTMENT s complaint form. Early reporting is encouraged because management's ability to investigate and act on reports diminishes with time. B. MANAGEMENT S REPONSIBILITY Any supervisor who receives a report of an alleged discrimination shall immediately notify the DEPARTMENT s ADA/EEO/AA Officer regardless of their perception of the validity of the complaint. For complaints not submitted on a DEPARTMENT complaint form, the DEPARTMENT s representative receiving the complaint shall obtain and document the following information: 1. name, address, and phone number(s) of the complainant(s); 2.

8 Date(s), time(s), and location(s) of the alleged discriminatory behavior or conduct; 3. name(s), if known, of the accused; 4. description of the behavior or conduct that resulted in the alleged violation(s); 5. whether the alleged discrimination was based on a protected class; and 6. names of potential witnesses who may have heard or observed the alleged discriminatory conduct or behavior. Upon receipt of a report alleging discrimination, including sexual harassment, the DEPARTMENT s ADA/EEO/AA Officer, legal counsel and appropriate division administrator shall meet to discuss the appropriate course of action. If the complaint is against any of these individuals, that individual is excluded from the meeting.

9 The discussion must focus on measures to stop the alleged behavior, a review of the investigative process, and management's role in the process. The DEPARTMENT shall take all appropriate steps to prevent the alleged conduct from continuing pending completion of the investigation. The DEPARTMENT will determine the steps to be taken by balancing the rights of the alleged victim, including the severity of the alleged conduct, the rights of the alleged harasser, and review of union contracts as relevant. If management determines an internal investigation would not be appropriate because of a potential conflict, they may request assistance from the State Human Resources Division or other outside source.

10 In the event the ADA/EEO/AA Officer appoints an investigator the ADA/EEO/AA Officer shall coordinate with the investigator and advise management throughout the course of the investigation. Before the investigation begins, the appropriate manager shall separately explain the following to the complainant and accused: 1. the investigation process and anticipated timelines; 2. what retaliation is and that it is unacceptable behavior; and 3. expectations and consequences of discussing the complaint with anyone other than the investigator, management, union representative, or legal counsel. DOJ EEO/AA Plan 2012 Page 5 of 33 In addition, the manager shall provide periodic updates to the complainant and the accused, and documentation of their initial meeting and all subsequent follow-up action to the investigator.