LCO No. 2721 1 of 7 General Assembly Raised Bill No. 414 February Session, 2024 LCO No. 2721 Referred to Committee on LABOR AND PUBLIC EMPLOYEES Introduced by: (LAB) AN ACT CONCERNING EQUITY IN STATE EMPLOYMENT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2024) (a) For the purposes of this 1 section and sections 2 to 6, inclusive, of this act: 2 (1) "Department" means the (A) Departments of Administrative 3 Services, Aging and Disability Services, Agriculture, Banking, Children 4 and Families, Consumer Protection, Correction, Developmental 5 Services, Economic and Community Development, Education, 6 Emergency Services and Public Protection, Energy and Environmental 7 Protection, Housing, Insurance, Labor, Mental Health and Addiction 8 Services, Motor Vehicles, Public Health, Revenue Services, Social 9 Services, Transportation and Veterans Affairs, and (B) Offices of Early 10 Childhood and Policy and Management; 11 (2) "Department head" means the (A) Commissioners of 12 Administrative Services, Aging and Disability Services, Agriculture, 13 Banking, Children and Families, Consumer Protection, Correction, 14 Developmental Services, Economic and Community Development, 15 Raised Bill No. 414 LCO No. 2721 2 of 7 Education, Emergency Services and Public Protection, Early Childhood, 16 Energy and Environmental Protection, Housing, Insurance, Labor, 17 Mental Health and Addiction Services, Motor Vehicles, Public Health, 18 Revenue Services, Social Services, Transportation and Veterans Affairs, 19 and (B) the Secretary of the Office of Policy and Management; 20 (3) "Director" means the director of the Diversity, Equity and 21 Inclusion division established pursuant to subsection (b) of this section; 22 (4) "Division" means the Diversity, Equity and Inclusion division of 23 each department established pursuant to subsection (b) of this section; 24 (5) "Equity" means the consistent and systematic fair, just and 25 impartial treatment of all individuals, including individuals who belong 26 to underserved communities that have been denied such treatment, 27 such as Black, Latino, Indigenous and Native American persons, Asian 28 Americans and Pacific Islanders and other persons of color, members of 29 religious minorities, women, lesbian, gay, bisexual, transgender and 30 queer persons, persons with disabilities, persons who live in rural areas 31 and persons otherwise adversely affected by persistent poverty or 32 inequality; 33 (6) "Implicit bias" means an attitude or internalized stereotype that 34 affects a person's perceptions, actions and decisions in an unconscious 35 manner and often contributes to unequal treatment of a person based on 36 such person's race, ethnicity, gender identity, sexual orientation, age, 37 disability or other characteristics; and 38 (7) "Underserved community" means populations sharing a 39 particular characteristic and geographical communities that have been 40 systemically denied a full opportunity to participate in aspects of 41 economic, social and civic life, such as Black, Latino, Indigenous and 42 Native American persons, Asian Americans and Pacific Islanders and 43 other persons of color, members of religious minorities, women, lesbian, 44 gay, bisexual, transgender and queer persons, persons with disabilities, 45 persons who live in rural areas and persons otherwise adversely 46 affected by persistent poverty or inequality. 47 Raised Bill No. 414 LCO No. 2721 3 of 7 (b) There shall be established a Diversity, Equity and Inclusion 48 Division within each department, which shall be administered by a full-49 time, salaried director, who shall be subject to the supervision and the 50 direction of the department head. Such director shall be in the classified 51 service and shall devote full-time to the duties of such director's office. 52 The department head may appoint and fix the compensation of such 53 director, provided such appointment shall be subject to the approval of 54 the Governor and the rate of such compensation shall be subject to the 55 approval of the Governor and the Secretary of the Office of Policy and 56 Management. The Diversity, Equity and Inclusion Division shall be 57 responsible for equity-related matters within the department and in 58 relation to the services provided by the department. 59 (c) The director shall be responsible for (1) coordinating the 60 department's equity initiatives, (2) serving as the primary contact and 61 subject matter expert for officials and employees within the department 62 regarding the development, implementation and assessment of the 63 division's programs, (3) developing and publishing the department's 64 equity plan pursuant to section 2 of this act, (4) evaluating the policies, 65 operations, training and hiring practices of the department, (5) 66 evaluating outcomes of services provided by the department, (6) 67 collecting and using data from the department relevant to the division, 68 including, but not limited to, disparate outcomes of services provided 69 by the department or disparate outcomes in the operations and policies 70 of the department, (7) assisting department staff in creating division-71 related training programs required pursuant to sections 5 and 6 of this 72 act and participating in the presentation of such training programs, (8) 73 supporting the department in creating and sustaining inclusive cultures 74 and behaviors, (9) maintaining knowledge of equity-related issues, 75 operations and strategies that ensure the department's activities reflect 76 best equity practices for the department, (10) overseeing the community 77 engagement work of the division, (11) providing department staff with 78 advice and guidance on how to navigate situations that impact the 79 diversity, equity, and inclusion of the department, and (12) any other 80 duties assigned by the department head. 81 Raised Bill No. 414 LCO No. 2721 4 of 7 Sec. 2. (NEW) (Effective October 1, 2024) Not later than October 1, 2026, 82 and annually thereafter, the director for each department shall create an 83 equity action plan for such department that identifies specific diversity, 84 equity and inclusion goals for the department and establishes 85 accountability mechanisms for achieving such goals. All department 86 heads shall ensure effective implementation of such equity action plans 87 by prioritizing and incorporating the strategies of the equity action plan 88 when setting equity goals for the department. Such equity action plan 89 shall be posted on the department's Internet web site. Such equity action 90 plan shall: 91 (1) Identify the progress made by the department on the actions, 92 performance, measures and milestones highlighted in the preceding 93 year's equity action plan; 94 (2) Identify potential barriers that underserved communities may 95 face in accessing and benefitting from the benefits, services and 96 programs provided by the department; 97 (3) Evaluate certain key programs and policies of the department as 98 identified by the department head, to assess whether underserved 99 communities and their members face systemic barriers in accessing 100 benefits and opportunities available pursuant to those policies and 101 programs; 102 (4) Identify how the department intends to engage with underserved 103 communities in order to advance equity in the department's policies, 104 services and programs, including, but not limited to, accessible and 105 appropriate outreach to such underserved communities and individuals 106 in underserved communities and the incorporation of perspectives of 107 underserved communities in the department's policies, services and 108 programs; 109 (5) Identify training programs developed by the division pursuant to 110 section 5 of this act; 111 (6) Evaluate the applicant data required pursuant to section 3 of this 112 Raised Bill No. 414 LCO No. 2721 5 of 7 act and identify demographic hiring trends within the department; and 113 (7) Evaluate whether new policies, regulations or guidance 114 documents may be necessary to address potential barriers to benefits, 115 services and programs provided by the department. 116 Sec. 3. (NEW) (Effective October 1, 2024) (a) Each department shall 117 collect and maintain data regarding demographic information for each 118 individual that applies for positions with such department. 119 (b) Each division shall annually examine data regarding 120 demographic information for individuals who apply for positions with 121 the department collected pursuant to subsection (a) of this section and 122 disaggregate such data by the categories of age, race, ethnicity, religious 123 creed, gender identity or expression, sexual orientation, individuals 124 with disabilities and how far an individual of each category progressed 125 in the hiring or interview process, provided such disaggregation keeps 126 such individuals' information personally nonidentifiable. The division 127 shall annually submit to the department head, and post on its Internet 128 web site, a report summarizing the examination and disaggregation of 129 such data. 130 Sec. 4. (NEW) (Effective October 1, 2024) (a) Each department shall 131 utilize diverse hiring panels to conduct interviews for open positions 132 within such department. Such hiring panels shall be comprised of 133 current employees in appropriate positions from varying backgrounds, 134 including, but not limited to, race, ethnicity, gender, age and sexual 135 orientation. Such hiring panels shall be utilized for at least one interview 136 of a candidate. Departments may, where appropriate, utilize employees 137 from other departments to serve on hiring panels. When filling a 138 position within the department, where relevant, the department shall 139 consider whether a candidate is multilingual. 140 (b) The director may waive the requirements of this section in writing 141 if the director determines that a diverse hiring panel cannot be 142 organized after considering (1) the circumstances around not being able 143 to fulfil such requirement, (2) whether reasonable efforts were made to 144 Raised Bill No. 414 LCO No. 2721 6 of 7 fulfil such requirement, and (3) the demographic information of current 145 employees at the department. 146 Sec. 5. (NEW) (Effective October 1, 2024) (a) The director shall develop 147 a standardized diversity, equity and inclusion training program that 148 shall be used by the department in completing the diversity, equity and 149 inclusion training required under this section. Such program shall 150 include, but need not be limited to, training on how to recognize and 151 mitigate unconscious implicit biases, how to reduce miscommunication 152 and misinformation regarding different identities and backgrounds, 153 and how to cultivate inclusive community and cross-community 154 interactions both within the department and with the wider community, 155 including when interacting with a member of an underserved 156 community. 157 (b) Each department shall require diversity, equity and inclusion 158 training and education for all supervisory and nonsupervisory 159 employees hired on or after July 1, 2025, not later than six months after 160 such employees' assumption of a position within the department, while 161 prioritizing providing such training for supervisory employees. 162 Sec. 6. (NEW) (Effective October 1, 2024) (a) The director shall develop 163 annual training and materials on diversity, equity and inclusion topics 164 for all supervisory and nonsupervisory employees, including 165 supervisory-specific trainings and materials. Such training and 166 materials shall include, but need not be limited to, topics related to 167 cultural sensitivity, sexual orientation and gender identities, anti-168 racism, anti-sexism and disability awareness. 169 (b) Each department shall require a minimum of four hours of annual 170 diversity, equity and inclusion training (1) for all existing supervisory 171 and nonsupervisory employees, not later than July 1, 2025, and annually 172 thereafter, while prioritizing providing such training for supervisory 173 employees, and (2) for all supervisory and nonsupervisory employees 174 hired on or after July 1, 2025, not later than six months after such 175 employees' assumption of a position within the department, and 176 Raised Bill No. 414 LCO No. 2721 7 of 7 annually thereafter, while prioritizing providing such training for 177 supervisory employees. 178 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2024 New section Sec. 2 October 1, 2024 New section Sec. 3 October 1, 2024 New section Sec. 4 October 1, 2024 New section Sec. 5 October 1, 2024 New section Sec. 6 October 1, 2024 New section Statement of Purpose: To implement the recommendations of the Commission on Racial Equity in Public Health regarding equity in state employment. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]