Minnesota Department of Human Rights
Affirmative Action Plan for Disabled Individuals
Minnesota Mechanical Contractors Association
AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS
I. DISABLED INDIVIDUALS AFFIRMATIVE ACTION CLAUSE
Minnesota Mechanical Contractors Association Members ("members") shall not discriminate against any employee or applicant for employment because oil physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. Members agree to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment prctices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
Members agree to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
Members agree to post, in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state Members' obligation under law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees.
Members shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the employer is bound by the terms of Minnesota Statutes, section 363.073 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled individuals.
II. SCHEDULE FOR REVIEW
Members will review all physical and mental job requirements to extent that these requirements tend to screen out qualified disabled individuals. It will be determined whether these requirements are job related and are consistent with business necessity and the safe performance of the job. Requirements will be reviewed when job openings occur.
III. PRE-EMPLOYMENT MEDICAL EXAM
(____) may require a comprehensive medical exam after a conditional offer of employment. The results of such and examination will not be used to screen out qualified individuals with disabilities. Information obtained in response to such inquiries or examination will be kept confidential except that (a) supervisors and managers may be informed regarding restrictions on the work or duties of individuals with disabilities and regarding accommodations, (b) first aid and safety personnel may be informed, where and to the extent appropriate, if the condition might require emergency treatment, and (c) officials, employees, representatives, or agents of the MN Department of Human Rights or local human right agencies investigating compliance with the act or local human rights ordinances will be informed if they request such information.
IV. ACCOMMODATIONS TO PHYSICAL AND MENTAL LIMITATIONS OF EMPLOYEES
Members shall make a reasonable accommodation to the physical and mental limitations of an employee or applicant unless such an accommodation would impose an undue hardship on the conduct of the business.
V. COMPENSATION
In offering employment or promotions to disabled individuals, members shall not reduce the amount of compensation offered because of any disability income, pension, or other benefit the applicant or employee receives from another source.
VI. OUTREACH, POSITIVE RECRUITMENT, AND EXTERNAL DISSEMINATION OF POLICY
Members shall review employment practices to determine whether the personnel programs provide the required affirmative action for employment and advancement of qualified disabled individuals. Based upon the findings of such review, members shall undertake appropriate outreach and positive recruitment activities, such as those listed below.
A. Develop internal communication of obligation to engage in affirmative action efforts to employ qualfied disabled individuals in such a manner as to foster understanding, acceptance, and support among executive, management, supervisory, and all other employees and to encourage such persons to take the necessary action to aid members in meeting this obligation.
B. Develop reasonable internal procedures to ensure that the obligation to engage in affirmative action to employ and promote qualified disabled individuals is being fully implemented.
C. Periodically inform all employees and prospective employees of the commitment to engage in affirmative action to increase employment opportunities for qualified disabled indivduals.
D. Enlist the assistance and support of recruiting sources (including state employment security agencies, state vocational rehabilitation agencies or facilities, sheltered workshops, college placement officers, state education agencies, labor organizations and organizations of or for disabled individual) of members commitment to provide meaningful employment opportunities to qualified disabled individuals.
E. Engage in recruitment activities at educational institutions which participate in training of the disabled, such as schools for the blind, deaf, or retarded.
F. Establish meaningful contacts with appropriate social service agencies, organizations of and for disabled individuals, vocational rehabilitation agencies or facilities, for such purposes as advice, technical assistance, and referral to potential employees.
G. Review employment records to determine the availability of promotable and transferable qualified known disabled individuals presently employed, and to determine whether their present and potential skills are being fully utilized or developed.
H. Include disabled workers when employees are pictured in consumer, promotional, or help wanted advertising.
I. Send written notification of the organization's policy to all employers, vendors and suppliers, requesting that they act in a manner consistent with members policy on affirmative action.
J. Take positive steps to attract qualified disabled persons not currently in the workforce who have requisite skills and can be recruited through affirmative action measures.
VII. INTERNAL DISSEMINATION OF POLICY
Realizing that an outreach program is ineffective without adequate internal support from supervisory and management personnel and other employees, who may have had limited contact with disabled persons in the past, and in order to assure greater employee cooperation and participation members shall disseminate this policy internally as follows:
A. Include it in the policy manual.
B. Publicize it in the organization's newspaper, magazine, annual report, and other media.
C. Conduct special meetings with executive, management, and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation, making clear members attitude.
D. Schedule meetings with all employees to discuss policy and explain individual employee responsibilities.
E. Discuss the policy thoroughly in both employee orientation and management training programs.
F. Meet with union officials to inform them of members policy, and request cooperation.
G. Include nondiscrimination clauses in all union agreements and review all contractual provisions to ensure they are non-discriminatory.
H. Include articles on accomplishments of disabled workers in organization publications.
I. Post the policy on organization bulletin boards, including a statement that employees and applicants are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under the Minnesota Human Rights Act.
J. When employees are featured in employee handbooks or similar publications for employees, include disabled employees.
VIII. RESPONSIBILITY FOR IMPLEMENTATION
Each member shall have a designated director of affirmative action activities. His (her) identify shall appear on all internal and external communications regarding members affirmative action programs. The Affirmative Action Director has been given necessary top management support and staff to manage the implementation of this program, including the following activities:
A. Develop policy statements, affirmative action programs, and internal and external communication techniques, including regular discussions with local managers, supervisors, and employees to be certain menbers policies are being followed. In addition, supervisors shall be advised that:
(1) their work performance is being evaluated on the basis of their affirmative action afforts and results, as well as other criteria; and
(2) members are obligated to prevent harassment of employees placed through affirmative action efforts.
B. Identify problem areas in conjunction with line management and known disabled employees, in the implementation of the affirmative action plan and develop solutions.
C. Design and implement audit and reporting systems that will:
(1) measure effectiveness of members plan;
(2) indicate need for remedial action;
(3) determine the degree to which objectives have been attained;
(4) determine whether known disabled employees have had the opportunity to participate in all employer sponsored educational, training, recreational, and social activities; and
(5) ensure that each location is in compliance with the Minnesota Human Rights Act.
D. The Executive Vice President of the Minnesota Mechanical Contractors Association shall serve as liaison between members and the Minnesota Department of Human Rights.
E. The Executive Vice President of the Minnesota Mechanical Contractors Association shall serve as liaison between members and organizations of and for disabled persons, and arrange for the active involvement by employer representatives in the community service programs of local organizations of and for the disabled.
F. Keep management informed of the latest developments in the entire affirmative action area.
G. Arrange for career counseling for known disabled employees.
IX. DEVELOPMENT AND EXECUTION OF AFFIRMATIVE ACTION PROGRAMS
The Affirmative Action Plan for members shall be developed and executed as follows:
A. Job qualification requirements reviewed shall be made available to all members of management involved in the recruitment, screening, selection, and promotion process.
B. Members shall evaluate the total selection process including training and promotion to ensure freedom from stereotyping disabled persons in a manner which limits their access to all jobs for which they are qualified.
C. All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be carefully selected and trained to ensure that the commitments in its affirmative action program are implemented.
D. Formal briefing sessions shall be held, with representatives from recruiting sources. Plant tours, clear and concise explanations of current and future job openings, position descriptions, worker specifications, explanations of members selection process, and recruiting literature shall be an integral part of the briefings. Formal arrangements shall be made for referral of applicants, follow up with sources, and feedback on disposition of applicants.
E. A special effort shall be made to include qualified disabled persons on the personnel relations staff.
F. Disabled employees shall be made available for participation in career days, youth motivation programs, and related activities in their communities.
G. Recruiting efforts at all schools shall include special efforts to reach disabled students.
H. An effort shall be made to participate in work study programs with rehabilitation facilities and schools which specialize in training or educating disabled individuals.
I. Members shall use all available resources to continue or establish on-the-job training programs.
Signed
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Executive Vice President
Minnesota Mechanical Contractors Association
April 27, 1990
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