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Affirmative
Action Plan of the Massachusetts Trial Court
IV. Uniform
Hiring Procedures
Affirmative
Action requires more than vigilance in the elimination of discriminatory
barriers to employment on the grounds of race, color, religion,
sex, age, disability, marital status, religion, sexual orientation
or Vietnam era veteran status. It must also entail positive and
aggressive measures to ensure equal opportunity and nondiscrimination
in the areas of hiring, promotion, demotion or transfer, recruitment,
layoff and termination, rate of compensation, job assignments, in-service
or apprenticeship training programs, and all conditions of employment,
and to effect the full utilization of minorities, women, Vietnam
era veterans, and disabled persons at all levels of the Trial Court.
The following is the plan of the Trial Court for putting this into
place (see "Future Actions" Section A).
| A.
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The
Application Process
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1.
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Applications
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a.
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Standard Forms
The Trial Court
uses a standard application form in an effort to eliminate
subtle discrimination which can occur when only resumes are
used. Such a form guarantees that the same information will
be available on all applicants. In addition, use of the standard
form ensures that applications do not include questions which
are not job related and which have been shown to disproportionately
result in rejection of minorities and women.
Pursuant to section
4.000 of the Personnel Policies and Procedures Manual, all
applicants for all positions must file an application to which
they may attach a resume. Applications can be found in the
Personnel Policies and Procedures Manual, at the Human Resources
Department of the Trial Court, or at any court location throughout
the Commonwealth.
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b.
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Applicant
Flow Data
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Monitoring
applicant flow allows the Affirmative Action Officer to discover
discrimination in such areas as recruitment and the choice of
applicants to interview. The Affirmative Action Office intends
to computerize information pertinent to affirmative action efforts
to better monitor these efforts (see "Future Actions" Section
B).
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2. |
Recruitment
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a.
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Resource List
The Affirmative
Action Resource List contains the names and addresses of agencies
and organizations across the Commonwealth which can refer
minority and women candidates for Trial Court positions. This
list has been distributed to all appointing authorities.
Pursuant to section
4.203 of the Personnel Policies and Procedures Manual, appointing
authorities may have to post notices of vacancies in agencies
on this Affirmative Action Resources List.
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b.
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Postings
The notice of vacancy
must be posted and/or advertised for a period of ten (10)
working days prior to the closing date. The posting, at a
minimum, must be:
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1.
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in
reasonable, visible public places in the building in which the
court where the vacancy has occurred is located;
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2.
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in the office of
the Chief Justice for the respective Trial Court Department;
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3.
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in the case of
an opening for a Probation Officer position, including Chief
Probation Officer, with the Office of the Commissioner of
Probation;
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4.
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in the Human Resources Department of the Administrative Office
of the Trial Court so that the position may be posted on the
Trial Court Jobs Hot Line.
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c. |
Advertising
In addition to
placing the position on the Jobs Hot Line, appointing authorities
are encouraged to advertise vacancies in local, regional,
minority community, and women's newspapers provided that sufficient
funds are available for such advertising.
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3.
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Nepotism
Pursuant to section
4.304 of the Personnel Policies and Procedures Manual, appointments
made within the Trial Court are to be made on the basis of
merit. The Trial Court prohibits the practice and appearance
of nepotism or favoritism in the hiring and promotion of employees.
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4. |
Reference Checks
Pursuant to section
4.303 of the Personnel Policies and Procedures Manual, all
applicants receive notice that reference checks will be conducted
with previous employers. It is incumbent upon all appointing
authorities to ensure that questions asked are job-related
and relevant to a determination of the candidate's skills
and abilities for the job under consideration. Only matters
that are within specific, job-related parameters are proper
areas for questioning.
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5. |
Interviews
Pursuant to section
4.302 of the Personnel Policies and Procedures Manual, interviews
must follow carefully prescribed guidelines to avoid discrimination
and invasion of privacy. These include the following steps:
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a.
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All
appointing authorities must attend information sessions offered
by the Affirmative Action Officer to learn about their role
in affirmative action and equal employment opportunity, and
to learn how to conduct interviews in a nondiscriminatory fashion.
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b.
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Appointing
authorities are to carefully analyze the knowledge, skills,
and other requirements needed for the position that is available
in a particular court location, consistent with the duties contained
in the job description.
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c.
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Based
on that analysis, the appointing authority is to develop a set
of questions to be asked in all interviews for each job. Candidates
are rated based on their answers to these questions.
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d.
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The
Trial Court recommends that appointing authorities convene screening
panels to review applications and to interview candidates. The
panels should include several members of the staff with whom
the candidate will be working, and should include minorities
and women.
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6. |
Approval Process
Pursuant to section
4.400 of the Personnel Policies and Procedures Manual, once
the appointing authority has identified the candidate for
the position, that authority forwards all necessary forms
to the following to ensure that appropriate and nondiscriminatory
action was taken in selecting the candidate.
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a.
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In the case of
a Probation Officer, to the Office of the Commissioner of
Probation. All steps required for compliance with hiring directives
are processed through the Commissioner of Probation for approval
by the Chief Justice for Administration and Management.
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b. |
In
the case of all other appointments, to the Administrative Office
of the Trial Court.
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| B.
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Other
Factors Affecting Equal Employment Opportunity |
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1.
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Job Descriptions
The Trial Court
has expended a great deal of time and effort to produce job
descriptions which accurately reflect position functions.
The Trial Court recognizes that overstating requirements,
such as requiring an academic degree when one is not necessary
to perform the job, may discriminate against minorities and
women. Therefore, special attention will be paid to academic
experience and skill requirements to ensure that the requirements
in themselves do not constitute inadvertent discrimination.
If department heads
identify some responsibilities in a job as more important
than others, they must investigate whether this may have a
disparate effect on minorities or women.
The job descriptions
are included in Appendix A of the Personnel Policies and Procedures
Manual, which is sent to all managers involved in recruitment,
screening, selection, and promotions. Pursuant to section
4.201 of the Manual, all postings of position vacancies must
contain an adequate description of the requirements of the
job to be filled.
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2.
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Training and Technical
Assistance
The Judicial Institute
was formed to provide education and training for the Trial
Court. The Office of Affirmative Action will work with the
Judicial Institute to ensure that minority and female employees
are aware of opportunities for training and career development,
and that selection for all training and educational programs
does not discriminate on the basis of minority classification
(race, color, national origin), sex, age, sexual orientation,
disability, marital status, religion or Vietnam era veteran
status. The Affirmative Action Officer will assist the Judicial
Institute in developing education programs on managing diversity.
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3.
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Promotions and
Transfers
The Trial Court
is committed to providing minority and women employees with
an equal opportunity for promotion and transfer. When the
name of a candidate for a position is submitted to the Administrative
Office of the Trial Court for approval, the Affirmative Action
Officer reviews the process used in filling the position,
including ensuring that adequate posting took place. The Officer
also monitors transfers to ensure that decisions are not based
on discriminatory practices. In addition, the Officer will
work with the Judicial Institute so that education and training
will prepare minority and women employees for promotion within
the system.
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4.
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Reduction in Workforce
When minorities
or women are laid off, the action may be reviewed by the Affirmative
Action Officer before it becomes final to determine if such
action represents a breakdown in the affirmative action program
and therefore calls for remedial action. The Trial Court shall
consider the policy of this Plan when selecting employees
for layoff. The Affirmative Action Officer shall be actively
involved in this process at all stages.
Upon termination
of employment, an exit interview may be conducted to determine
if there has been discrimination and if guidelines of the
Trial Court Affirmative Action Plan have been adhered to.
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