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Affirmative Action Plan of the Massachusetts Trial Court
Appendices


APPENDIX A Background Information on Labor Market Analyses

     The federal government suggests eight factors for its contractors to consider in determining underutilization. Though the Trial Court is not bound by these factors, the Affirmative Action Officer considers a number of them in the effort to access potential employees, to ensure that current employees have equal opportunity in such areas as training and promotion.

     For purposes of determining goals, the Trial Court's Affirmative Action Plan relies most heavily on the factor which calls upon the employer to consider the availability of minorities and women having requisite skills in an area in which the contractor can reasonably recruit.

     The Division of Employment and Training (formerly the Division of Employment Security) prepared a series of reports entitled "Labor Market Information for Affirmative Action Programs." These give information on the labor force of ten areas in Massachusetts, and on the Commonwealth as a whole.

     The Trial Court has determined that for most jobs, each court can reasonably recruit from the labor market area of that court. Utilization analyses for most jobs were therefore based on availability figures from the local labor market areas. Where a court is not directly within the confines of a labor market area, figures for the largest close labor market area have been used.

     The one exception to this rule is for the category of Officials and Managers. The Trial Court has concluded that the quality and attractiveness of these jobs calls for recruitment from the entire Commonwealth. Availability figures have therefore been set for this category of jobs from the report on availability in all of Massachusetts.


APPENDIX B Findings of Utilization Analysis (September, 1992)

     The Trial Court is pleased that since the inception of the Affirmation Action program in 1980, progress has been made in equal employment opportunity. For instance, the representation of minorities in the court system as a whole has increased from approximately 2% to almost 12%. Further, hiring authorities are now familiar with the concepts of equal employment opportunity and affirmative action.

     The utilization analysis, which compares the make-up of workers in each court to the make-up of workers in the labor market, shows that the program has much work ahead of it. A summary of utilization reveals the following results for the system as a whole:

Minorities

Job Category
Yes
No
%Y
Officials/Managers

88
27
77%
Professionals

33
70
32%
Technicians

3
3
50%
Service Workers

2
2
50%
Clerical Supervisory

85
19
82%
Clerical

54
65
45%
Protective Service Supervisory

8
2
80%
Protective Services

33
49
40%

Yes = number of courts underutilized in the given category
No = number of courts which have reached parity in the given category



Females

Job Category
Yes
No
%Y
Officials/Managers

74
41
64%
Professionals

75
28
73%
Technicians

4
2
67%
Service workers

3
1
75%
Clerical Supervisory

28
76
27%
Clerical

2
117
2%

Protective ServiceSupervisory

9
1
90%
Protective Services

45
37
55%

Yes = number of courts underutilization in the given category
No = number of courts which have reached parity in the given category

      These charts demonstrate that there is a trend in the Trial Court for minorities to be underutilized in a majority of courts in all except for the professional, clerical, and protective services categories, and for women to be underutilized in a majority of courts in all except for the clerical supervisory and clerical categories. Of particular concern for minority employees is the fact that though only 45% and 40% of courts show underutilization in the clerical and protective services categories respectively, almost twice that percentage show underutilization in supervisory level jobs in those categories.

     The Trial Court will use the information from this utilization analysis in determining where to focus on-going affirmative action activities.

 

 

APPENDIX C Goal Setting and Timetables

     The Trial Court has set goals for hiring and promotion for the job categories which show an underutilization of minorities and women. The Trial Court has set both a long-range goal and specific short-range goals to ensure that the plan is on track.

     Specifically, the ultimate goal is to achieve by the year 2002 a workforce where minorities and women mirror the available labor market. Given the opportunity to hire enough employees before that time, the Trial Court is committed to all good faith efforts to reach that ultimate goal as soon as possible.

     In the meantime, the Trial Court has set short-term goals. These were calculated by an interim method which will be replaced by the system outlined in the Future Actions section of the Affirmative Action Plan. The current goals are targeted for the next update of the Plan, which will occur in two years. As that time represents one-fifth of the longer timetable, the Trial Court has calculated for each underutilized category in each court a one-fifth improvement towards its ultimate goal. (For instance, if a court would reach parity by hiring ten minority employees in a specific category, its short-term goal will be to hire or promote two such employees in the next two years.)


 

 

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Last Updated on May 24, 2004 9:08 AM