HomeMy WebLinkAboutR-2010-115 Yakima Mass Transit Equal Employment Opportunity ProgramRESOLUTION NO R-2010-115
A RESOLUTION authorizing the revision of Yakima Transit's Equal Employment Opportunity
Program and authorizing the filing of the resolution with the Federal Transit
Administration, an operating administration of the United States Department
of Transportation, as authorized by 49 C F R. Parts 23 and 26, & United
States Code Titles 23, 42, and 49 and directing staff to implement the
program and to develop goals associated with the program
WHEREAS, in 1964, Congress enacted the Uniform Mass Transportation Act (UMTA),
which sets out in Section 19 requirements for an Equal Employment Opportunity Program
intended to ensure that no person in the United States shall on the grounds of race, color,
creed, national origin, sex or age be excluded from participation or denied benefits of, or be
subject to discrimination in employment under any project, program or activity funded in whole
or in part through financial assistance by UMTA, and
WHEREAS, the Uniform Mass Transportation Act is enforced through the Department of
Transportation, and
WHEREAS, the City of Yakima operates a public transit system for use by the general
public regulated by the Federal Transit Administration (FTA), an agency of the DOT, and is
therefore subject to DOT requirements, and
WHEREAS, in order to be eligible for federal financial assistance, Yakima Transit must
comply the FTA in relation to civil rights and equal employment opportunity regulations, and,
WHEREAS, on September 15, 2010, copies of the EEO Program were made available
for employee comment; no comments were received, and
WHEREAS, Yakima Transit in cooperation with the City of Yakima's Human Resource
Department has drafted an EEO Program that conforms to the FTA requirements,
NOW, THEREFORE, BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY OF
YAKIMA.
The City of Yakima EEO program for Yakima Transit, attached and incorporated hereto, is
hereby approved and adopted for implementation by the City of Yakima and staff is directed to
implement the program and to develop goals associated with the program, as of the date of this
resolution's enactment by the City of Yakima City Council
ADOPTED BY THE CITY COUNCIL at a regular meeting this 5th day of October, 2010
L/3224:1
Micah Cawley Mayor
ATTEST
Yakima Transit
EEO Program
Policy Statement
1. Yakima Transit is an Equal Employment Opportunity employer. Yakima Transit affirms its commitment to
treat all applicants for employment and employees equally without regard to race, religion, creed, color,
national origin, sex, age, disability, veteran status, marital status or other class protected by local, state, or
federal law. Yakima Transit and its employees are prohibited to discriminate against an applicant for
employment or employee on the basis of race, color, religion, creed, sex, age, national origin, or any other basis
protected by local, state, or Federal law, or to be excluded from participation in, or denied the benefits of, or be
subject to discrimination under any project, program, or activity funded in whole or in part through Federal
financial assistance.
2. Yakima Transit supports the concept of an active affirmative action program consistent with Federal laws, court
decisions, Executive Orders, and regulations, including goals and timetables, in order to overcome the effects of
past discrimination on minorities and women:
3. The responsibility for the implementation of the EEO Program is assigned to the City Manager, as EEO
Director. The management of the EEO Program & day-to-day responsibilities shall be the responsibility of the
Transit Project Planner, as EEO Officer. All Yakima Transit managers and supervisors share in the
responsibility of ensuring compliance is achieved through understanding, communicating, and active
involvement in the support of this policy. Performance evaluations of managers and supervisors shall include
evaluating the success of the EEO program in the same manner as performance on other goals.
4. Applicants and employees have the right to file complaints alleging discrimination with the Executive Director
or the EEO Officer, Transit Manager, and Federal or State Civil Rights Commissions, and the EEOC.
5. This policy extends to all areas of employment including recruitment, selection and placement, compensation,
promotion, transfer, discipline, demotion, lay-off, termination, training, daily working conditions, benefits and
all other terms and conditions of employment.
6. Achievement of EEO goals will benefit recipient/subrecipient/contractors through fuller utilization and
development of previously underutilized human resources.
This policy will be updated a minimum of every three years. Supervisors & management will meet at least twice a
year to discuss the compliance of this program & any implementations. Yakima Transit will meet yearly with
minority and female employees to obtain suggestions on the program. All new hires will receive training on EEOC
during their new hire orientation. A copy of this policy is in the employee personnel policies & procedures manual,
on employee notice boards, included in union contracts, recruiting application packages, and posted on . Yakima
Transit's website.
Approved by:
Richard A. Zais, City Manager (Executive Director)
Approval Date: October 5, 2010
City Manager (Executive Director): Richard A. Zais
Transit Project Planner (EEO Officer): Kevin Futrell
Transit Manager Ken Mehin
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Chapter I - Background
Section 1 — Purpose
General — No person in the United States shall, on the grounds of race, color, creed, national origin, sex, disability,
or age, be excluded from participation in, or denied the benefits of, or be subject to discrimination under any project,
program, or activity funded in whole or in part through Federal assistance under Section 19 of the 1964 Urban Mass
Transportation Act (UMTA).
Compliance: The Executive Director shall ensure compliance with the General purpose of this policy.
Section 11— Objectives
This policy's objectives are:
1. To ensure that Yakima Transit will not discriminate against any employee or applicant for employment because
of race, color, creed, national origin, sex, disability, or age.
2. To ensure that Yakima Transit will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to race, color, creed, national origin, sex, disability, or
age. Such action shall include, but not be limited to: hiring, promotion or upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, disciplinary actions, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Yakima Transit shall also include a written,
affirmative action plan designed to achieve full utilization of minorities and women in all aspects of the
workforce.
3. To ensure that Yakima Transit makes available to employees and applicants for employment, notices setting
forth the Yakima Transit's EEO policy. In addition applicants/employees will be notified of the Yakima
Transit's procedures for filing complaints of discrimination internally, as well as externally with the EEOC, a
local Human Rights Commission, and/or the U.S. Department of Transportation (DOT).
Section 111 — Definitions
For purposes of this policy, the following definitions will be used:
1. Affirmative Action Plan — means a written, detailed, results oriented set of procedures designed to achieve
prompt and full utilization of minorities and women at all levels and in all parts of the recipient's workforce.
2. Compliance — refers to a condition in which the FTA will find Yakima Transit has met the requirements in
circular UMTA C 4704.1, and there is no indication or evidence of discrimination on the basis of race, color,
creed, national origin, sex, disability, or age.
3. Concentration — means a higher representation of a particular group (e.g., Blacks, Hispanics, women, etc.) in a
job category or department as compared to their representation in the relevant labor market.
4. Contractor — means any entity or organization that has entered into a federally funded contract with Yakima
Transit.
5. Discrimination — refers to any act, or any failure to act, that has the purpose or effect of limiting, excluding, or
denying a person employment opportunity because of race, color, creed, national origin, sex, disability, or age.
6. FTA - Federal Transit Administration
7. Good Faith Efforts — refers to those actions taken to achieve the objectives of the EEO Program. These actions
may include, but are not limited to, the establishment and conduct of processes to implement specific provisions
of this policy.
8. Minority or Minority Group Persons includes the following:
a. Black (not of Hispanic origin): All persons having origins in any of the Black racial groups of Africa;
b. Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish
culture or origin, regardless of race;
c. Asian or Pacific Islander: All persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This are includes, for example, China,
Japan, Korea, the Philippine Islands, and Samoa; and,
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d. American Indian or Alaskan Native: All persons having origins in any of the original people of North
America, and who maintain cultural identification through tribal affiliation or community recognition.
9. National Origin — means the particular Nation where a person was born or where the person's parents or
ancestors were born.
10. Noncompliance — means a failure to meet the requirements of FTA Circular UMTA C 4704.1 and guidance
issued pursuant to the circular or failure to implement an approved EEO program.
11: Probable Noncompliance — refers to a condition in which the FTA has found that Yakima Transit does not
, fully satisfy these requirements and has requested Yakima Transit to take remedial or corrective actions to
achieve compliance or has initiated an enforcement action against Yakima Transit.
12. Subcontractor — means any entity or organization that has entered into a subcontract relating to a federally
funded contract with a contractor to provide a service in connection with a program or activity initiated by
Yakima Transit.
13. Transit -related employee — is an employee of Yakima Transit who is involved in any aspect of an agency's
mass transit operation funded by the FTA.
14. UMTA Activity — means any program of assistance authorized by sections of the UMT Act; the Federal Aid
Urban Systems Program, 23 U.S.C. 142(a)(2); and the Interstate Transfer Program 23 U.S.C. 103(4)(e).
15. Underutilization — refers to a condition where there are fewer minorities and/or women in a particular job
category or department than would reasonably be expected based on their presence in the relevant labor force.
Section IV — Coverage
1. General All programs administered by the FTA are subject to Section 19 of the UMT Act. These include the
assistance programs authorized by the UMT Act, 23 U.S.C. 142(a)(2), and 23 U.S.C. 103(e)(4). These programs
are also covered by the implementing regulations 28 CRF Part 42, Subpart F and 49 CFR Part 21. In addition,
all recipients are required to comply with Part II, Section 110(a) of the FTA Standard Grant Contract. These
obligations are to be re -delegated to any contractor/subcontractor in a federally funded contract.
2. Threshold Requirements. Yakima Transit is required to comply with program requirements as outlined in this
policy if it meets the following thresholds:
a: Employs 50 or more transit -related employees; and,
b. Requests and receives capital or operating assistance under Sections 2, 4(i), or 9 of the UMT Act;
assistance under 23 U.S.C. 142(a)(2) or 23 U.S.C. 103(e)(4), or any combination thereof, in excess of $1
million in the previous Federal fiscal year; or requests or receives planning assistance under Sections 8
and/or 9 in excess of $250,000 in the previous Federal fiscal year.
Yakima Transit exceeds both thresholds, (a) and the first part of (b).
3. State -Administered Programs.
a. The FTA EEO objectives apply to those programs that are administered by designated State agencies.
Generally, these programs include the FTA elderly and handicapped and rural assistance programs funded
under Sections 16(b)(2) and 18 of the UMT Act, respectively. In addition, some States administer the FTA
planning and formula capital/operating assistance programs funded under Sections 8 and/or 9 of the UMT
Act for urbanized areas under 200,000 population.
b. Pursuant to a memorandum of understanding, the Federal Highway Administration (FHWA) has been
delegated the lead responsibility to review and approve EEO programs submitted by State DOT's. In
coordination with FHWA, FTA reviews these programs and those of other State agencies to assure that
EEO is provided to the workforce related to mass transportation. In the memorandum of understanding,
FTA has the lead responsibility for reviewing EEO programs submitted by transit agencies that meet the
thresholds as listed above.
c. State agencies must administer their EEO programs in the following manner:
is All designated State agencies will have the responsibility for assuring that their subrecipients are in
compliance with the FTA EEO objectives.
ii. All designated State Agencies will maintain and provide data and report to the FTA as required or at
the discretion of the FTA Area Civil Rights Officer. Data may be requested, especially in those cases
where the designated. State agency or subrecipient in the subject of an "onsite" compliance review by
the FTA.
iii. Yakima Transit will be responsible for complying with the EEO objectives contained in this policy.
FTA rbcommends that designated. State agencies request EEO programs from their subrecipients. This
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will enable designated State Agencies to determine if subrecipients are in compliance with FTA EEO
objectives.
iv. During the triennial review or at the discretion of the FTA Area Civil Rights Officer, FTA may request
from designated State agencies the procedures and criteria used to determine the EEO compliance of
subrecipients. FTA may conduct independent onsite EEO compliance reviews of subrecipients to
examine their records and to determine compliance with FTA EEO objectives and requirements.
4. Contracting Out & Privatization/Competitiveness Programs - In the planning and development of Yakima
Transit's contracting out and privatization/competiveness programs, full consideration must be given to the
EEO ramifications of such program planning and development. Such decisions must be justified on the basis of
sound business planning. Disparate impact on minority and, female employees must be considered and
appropriate steps taken to mitigate any hardships which might result from such decisions.
5. Frequency of Update - Yakima Transit shall submit to the FTA an updated EEO submission on a triennial
basis oras major changes occur in the workforce or employment conditions. At the discretion of the FTA Office
of Civil Rights, less information may be requested where Yakima Transit's previously submitted EEO program
has not changed significantly.
6. Other Information - The FTA Area Civil Rights Officer may request information, in addition to that required
by this policy, from Yakima Transit or its subrecipients to resolve questions concerning EEO compliance. In
certain instances, less information will suffice. In cases in which additional information is needed, this request
will be made in writing to Yakima Transit. Failure to submit information requested by the FTA may delay
completion of a compliance review or delay the further consideration of a pending grant application(s). Failure
by Yakima Transit to comply with the terms of this policy may result in the finding by the FTA of
noncompliance with Section 19 and Section 110(a) of the FTA Standard Grant Contract and the imposition of
appropriate sanctions.
Chapter 11 — EEO Program Components
Overview - While Section 19 prohibits discrimination on the basis of "race, color, creed, national origin, sex, or age,
this program primarily addresses and prescribes specific affirmative programmatic components to assure
nondiscrimination by Yakima Transit and its qualifying contractors on the basis of race, national origin, and sex.
Circular UMTA C 4704.1 requires recipients and contractors to comply with prohibitions against discrimination on
the basis of age established in the Age Discrimination in Employment Act of 1967, as amended, and prohibitions
against discrimination on the basis of creed, as set out in EEOC guidelines interpreting Title VI of the Civil Rights
Act of 1964. It also incorporates by reference requirements for compliance with prohibitions against discrimination
on the basis of disability established in DOT regulations implementing the Rehabilitation Act of 1973, as amended,
49 CFR Part 27.
Program Requirements
Section I - Policy Statement
1. Yakima Transit is an Equal Employment Opportunity employer. Yakima Transit affirms its commitment to treat
all applicants for employment and employees equally without regard to race, religion, creed, color, national
origin, sex, age, disability, veteran status, marital status or other class prohibited by local, state, or federal law.
It is prohibited for Yakima Transit or any of its employees to discriminate against an applicant for employment
or another employee on the basis of race, color, religion, creed, sex, age, national origin, or any other basis
prohibited by local, state, or Federal law, or to be excluded from participation in, or denied the benefits of, or be
subject to discrimination under any project, program, or activity funded in whole or in part through Federal
financial assistance.
2. Yakima Transit supports the concept of an active affirmative action program consistent with Federal laws, court
decisions, Executive Orders, and regulations, including goals and timetables, in order to overcome the effects of
past discrimination on minorities and women.
3. The responsibility for the implementation of the EEO Program is assigned to the City Manager, as Executive
Director. The management & day-to-day responsibilities of the EEO Program shall be the responsibility of the
Transit Project Planner, as EEO Officer. All Yakima Transit managers and supervisors share in the
responsibility of ensuring compliance is achieved through understanding, communicating, and active
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involvement in the support of this policy. Performance evaluations of managers and supervisors shall include
evaluating the success of the, EEO program in the same manner as performance on other goals.
4. Applicants and employees have the right to file complaints alleging discrimination with the City Manager,
Transit Project Planner, Transit Manager; Federal or State Civil Rights Commissions; and/or the Equal
Employment Opportunity Commission.
5. This policy extends to all areas of employment including recruitment, selection and placement, compensation,
promotion, transfer, discipline, demotion, lay-off, termination, training, daily working conditions, benefits and
all other terms and conditions of employment.
6... Achievement of EEO goals will benefit recipient/subrecipient/contractor through fuller utilization and
development of previously underutilized human resources.
Section 11— Dissemination
1. Managers and supervisors shall be fully informed of the agency's policy through:
a. Written communication'from the City Manager.
b. Inclusion of the EEO program and policy in Yakima Transit's personnel and operations manual; and
c. Meetings held at least twice a year to discuss the EEO program and its implementation.
2 Non -supervisory staff shall be informed of the agency's EEO policy and program through:
a. Posting official EEO posters and the policy statement on Transit's bulletin boards, in the Lunch room, and
in the Human Resource office,
b: Including the EEO policy in the employee handbooks, reports, manuals, and union contracts,
c. Meetings with minority and female employees to get their suggestions in implementing and refining the
EEO program; and,
d. Presentation and discussion of the EEO program as part of the employee orientation and in all training
programs.
Section 111 — Administration
1. The City Manager shall be the EEO Director and the ultimate authority and responsibility for the
implementation of the EEO Program. The EEO Director shall delegate duties to achieve the policy goals as
necessary and have the following duties:
a. The EEO Director shall have the final authority and responsibility for compliance with the EEO Program.
b. The EEO Director shall delegate to the Transit Project Planner the responsibility for coordinating the
overall administration of the EEO Program.
2. The Transit Project Planner shall be delegated as the EEO Officer and have the following duties:
a. Shall develop and recommend an EEO policy and program, including internal and external communication
procedures, setting goals and timetables.
b. Implement, monitor, and ensure Yakima Transit's compliance with EEO regulations in the day-to-day
administration and reporting requirements of Yakima Transit's EEO Program.
c. Shall be responsible for checking and signing all related reports.
d. Ensure that the Transit Manager and all supervisors are aware of the details of the EEO Program.
e. Shall concur in all hires and promotions for compliance with policy.
f. Report to the EEO Director on a minimum of once a year, on the progress of the program.
g. Ensure equal participation on Yakima Transit's Citizen Advisory Committee (CAC). This will involve
evaluating the CAC membership selection criteria and make-up of the committee in regards to race, gender,
and position within the committee.
h. Collect and analyze employment data, identify problem areas, set goals and timetables, and develop
programs to achieve goals.
i. Measure program effectiveness and to determine where progress has been made and where further action is
needed.
j. Conduct an annual utilization analysis to identify job categories where there is an underutilization and/or
concentration of minorities and women in relation to their availability in the relevant labor market.
k. Process, record, and disseminate EEO complaints received.
1. Monitor and ensure public information is available for Yakima Transit's EEO Program.
m. Develop and disseminate public information posters and other items as necessary.
n. Annually report to the EEO Director accomplishments and goals for the new year.
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o. Create training programs on the EEO program and related statutes for Yakima Transit employees.
p. Identify and propose ways to eliminate discrimination when found to exist.
q. Establish procedures for promptly resolving deficiency status and reducing to writing the remedial action
agreed to be neck wear, all within a period not to exceed 90 days.
r. Serves as liaison between Yakima Transit, Federal State, and local governments, regulatory agencies,
minority and women's organizations, and other community groups as required.
s. Assists in recruiting minority and women applicants and establishing outreach sources for use the hiring
process.
t. Monitor changes in EEO law and rules and assure that current legal information affecting affirmative action
is disseminated to responsible officials and suggest changes to Yakima Transit's EEO policy as necessary
to maintain compliance.
u. Process employment discrimination complaints.
v. Conduct and support career counseling for all transit employees.
w. Being actively involved with local minority organizations, women's groups, community action
organizations and community service programs designed to promote EEO.
x. Reviewing the qualifications of 'all employees to assure that minorities and women are given full
employment opportunities for transfers, promotions, training, salary increases, and other forms of
compensation.
3. The Transit Manager and supervisors are responsible for managing and implementing all aspects of the EEO
Program and shall be delegated to perform the administrative, day-to-day, functions of the EEO Program and
have the following duties:
d. Shall have the responsibility of ensuring that Yakima Transit's EEO policies and program, as outlined in
this EEO Program Policy are carried out.
e. Develop EEO information for dissemination to the general public and, where appropriate, in languages
other than English.
a. Assist in identifying problem areas and establishing Yakima Transit goals and objectives.
b. Assure that current legal information affecting affirmative action is disseminated to responsible officials.
c. Ensure that Yakima Transit's long-range plans are consistent with EEO requirements.
d. Incorporate into the Transportation Improvement Plan (TIP) any corrective actions taken in response to
TIP -related deficiencies found by an FTA audit.
e. Advise the City Manager, Transit Project Planner, and Citizen's Advisory Committee (CAC) on EEO
compliance issues.
f. Ensure that CAC and other public meetings are periodically held in predominately minority communities.
g. Participating actively in periodic audits of all aspects of employment in order to identify and to remove
barriers obstructing the achievement of specified goals and objectives.
h. Holding regular discussions with other managers, supervisors, and employees to assure Yakima Transit's
policies and procedures are being followed.
i. Reviewing the qualifications of all employees to assure that minorities and women are given full
employment opportunities for transfers, promotions, training, salary increases, and other forms of
compensation.
Participate in the review and/or investigation of complaints alleging discrimination.
Participate in periodic audits to ensure that transit is in compliance (e.g., EEO posters are properly
displayed on all employee bulletin boards).
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Section IV — Organizational Chart
Effective January 2010
City
Council
City Manager
(CEO)
EEO Officer
Accounting,
Purchasing, and
Human Resources
DBELO Officer
Police 1 -
Public Works Director
Safety Officer
Transit Officer
Dept. Asst.
Equip Rental
Transit
Manager
Citizen's
Advisory
Committee
Planning &
Grant Admin.
Operations
Supervisor
Field Operations
Supervisor
Mechanics
Vanpool & DAR
Operations and Marketing
Vanpool Dept. Asst.
Dispatch & Field
Employees
Transit
Operators
Bus
Cleaners
Transit Center
Employees
Section V — Utilization Analysis
The purpose of the utilization analysis is to identify those job categories where there is an underutilization and/or
concentration of minorities and women in relation to their availability in .the relevant labor. market. It is also to
establish the framework for goals and timetables and other affirmative actions to correct employment practices that
contributed to any identified absence, underutilization, or concentration.
1. A utilization analysis consists of a workforce analysis and an availability analysis. The workforce analysis
requires a statistical breakdown of Yakima Transit's workforce by each department, job category (e.g.
Operations Supervisor, Transit Operator, etc.), and.job title. Each of the above should be cross-referenced by
race, national origin, and sex. This analysis should be structured in lines of progression by departmental units to
ensure that promotional opportunities will be considered. A table or chart is recommended for formulating this
analysis. Also, principal duties and rates of pay must be indicated for each job category, grade/rank of
employee, and job title for each employee. Where auxiliary duties are assigned, or where more than one rate of
pay applies because of length of time in the job or other factors, a special notation should be made. Where
Yakima Transit or its contractors operate more than one shift or assigns employees within each shift to varying
locations, indicate the number by race, national origin, and sex on each shift and in each location.
2. An availability analysis is a comparison of the participation rates of minorities and women at various levels in
the workforce with their availability in relevant labor markets. A labor market has both geographic and
occupational components. Different geographic areas and labor force data should be used for different job
categories. As an example, professional positions would likely have a regional or national recruiting area as
opposed to a local recruiting area as would be the case for less skilled jobs. Moreover, recruiting areas should
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reflect nearby concentrations of minority -group persons who may have been historically excluded from
consideration.
3. Occupational data (in addition to general population and unemployment information), along with training and
promotional opportunities, should be considered in determining the availability of persons for those
employment opportunities from which minorities and women have traditionally been excluded. In determining
availability for job categories not requiring special skills or abilities, general population or workforce age data
may be suitable. Community and area labor statistics by race, national origin, and sex can be obtained from the
U.S. Department of Commerce, Bureau of the Census, and its publications; U.S. Department of Labor, Bureau
of Labor Statistics, and the Women's Bureau; Sate and local governments, especially State employment
services and MPO's. Detailed occupational data by race, national origin and sex in categories required for EEO
reports (E.g., Professionals, Officials, Managers, Operators, etc.) is available in special affirmative action data
packages from many State employment services. Similar data is available from the Research and Analytical
Services staff of the EEOC.
4. Yakima Transit and its contractors should present this data in a table or chart form for the job categories and job
titles being analyzed. Data used should be the most recent, accurate, and relevant. Also, in assessing availability
and projecting goals from such availability, the program should also indicate the data given the greatest weight
and reasons underlying the decision.
5. In performing the workforce and availability analyses, Yakima Transit or contractors should have racial data
cross -classified by sex to ascertain the extent to which minority -group women or minority -group men may be
underutilized. Likewise, minority -group data should be broken down by specific racial groups (i.e., Black,
Hispanics, Asian, Pacific Islander, and American Indian or Alaskan Native.)
Section VI — Goals & Timetables
1. Goals and timetables are an excellent management tool to assist in the optimum utilization of human resources.
Specific and detailed percentage and numerical goals with timetables must be set to correct any underutilization
of specific affected classes of persons identified in the utilization analysis. Usually, long-range goals will be
designed to eliminate underutilization in job categories where it has been identified. Based on the utilization
analysis, Yakima Transit and its contractors will establish goals and timetables designed to correct any
identified deficiencies. The goals and timetables should be attainable, in terms of the analysis and the entire
program of affirmative action, to remedy existing employment practices that may unjustifiably be contributing
to underutilization. In establishing the size of goals and the length of the timetables, Yakima Transit should
consider results, which can reasonably be expected from putting forth every good faith effort to make the
overall affirmative action program work. If goals and timetables are not met, there is an obligation to justify this
failure following Yakima Transit's annual evaluation of the EEO Program. The justification for failing to meet
a goal(s) should address such factors as: whether the anticipated job openings materialized, the availability of
persons whose employment could haveresulted in the goal(s) being achieved, and the adequacy of recruitment
and other affirmative actions to change existing employment practices sothat .the goal(s) could be achieved.
2. Long-range goals are usually stated as percentages, although numerical projections are recommended where
feasible. Such goals should consider the fact that availability of traditionally underutilized or underemployed
groups is not constant. Future projections should be taken into consideration: Generally, an EEO Program will
be formulated with long-range goals to be attained within a period of 4 to 5 years.
3. Short-term or intermediate numerical goals should be set and pursued in order to assure accomplishment of
long-range goals. Short-term goals represent the net increase in minority and/or women's employment in a
particular job category within the next 12 months. Short-term goals should be stated, both as actual numbers
and percentages, and shouldbe based on anticipated job openings, job group availability, and the long-range
goals set for minorities and/or women in the particular job category. Projections of vacancies should also be
established in terms of a job progression chart in order to determine which vacancies can be filled immediately
by underutilized persons and the possibilities of these persons being promoted into upper-level positions in
terms of long-range goals.
4. Short-term or intermediate goals should be weighted and established so that they are likely to produce the
greatest results. As an example, if Yakima Transit has no members of a specific affected group in a particular
job classification, initial short-term goals should be set higher to maximize the expectation of recruitment and
selection from the affected group. On the other hand, if Yakima Transit has a good representation of
traditionally underutilized groups in the lower steps of the job progressions, and members of each affected
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group are moving into higher steps of the job progressions with regularity, a lower allocation of openings at the
upper level may be adequate. Achievement of EEO goals will benefit Yakima Transit, through fuller utilization
and development of previously underutilized human resources.
5. In developing goals and timetables to correct underutilization, Yakima Transit should use the following
guidelines for goal -setting:
a. Involve personnel staff and department managers in the process.
b. Set goals that are significant, measurable, and attainable.
c. Make goals with timetables specific for planned results.
d. Consider anticipated attrition, expansion, contraction (especially the impact on employment of projected
contracting out and privatization/competiveness activities), turnover in the workforce, and availability of
persons with required skills.
e. Consider how changes affect existing employment practices that may contribute to underutilization in
increasing availability of minorities and women.
f. Goals should not be rigid and inflexible, but must be targets reasonably attainable by applying every good
faith effort to make all aspects of the affirmative action program work.
g. Yakima Transit will analyze in detail all employment practices relating to recruitment, selection, salaries,
promotions, terminations, standards of discipline, seniority, maternity/paternity leave, height and weight
requirements, etc. All problems will be noted and a proposed course of remedial action will be enumerated
in Yakima.. Transit's EEO program.
Section VII - Assessment of Employment Practices to Identify Causes of Underutilization:
Affirmative Action to remedy problem areas
The detailed assessment of present employment practices to identify those practices that operate as employment
barriers and unjustifiably contribute to underutilization are covered in Yakima Transit's Affirmative Action Plan.
Section VIII — Non -Compliance & Remedial Action Procedures.
In the event that Yakima Transit is found to be in non-compliance or probable non-compliance with Section 19 of
the Urban Mass Transportation Act of 1964 (UMT Act) or where the FTA has found evidence of discrimination
prohibited under Section 19 and remedial action is required, the following procedures will be followed:
1. Upon receipt of a non-compliance, probable non-compliance, or discrimination finding, Yakima Transit will
formulate and submit a Remedial Action Plan for correcting the deficiencies cited in the Letter of Finding.
2. Within 30 days of the receipt of the FTA Letter of Finding, Yakima Transit will submit a Remedial Action plan,
and if necessary, sufficient reasons and justification for the FTA to reconsider any of its findings or
recommendations. The Remedial Action Plan shall:
a. ' List all corrective actions accepted by Yakima Transit or its contractors;
b. Describe how the corrective actions will be implemented;
c. Include a written assurance that Yakima Transit will implement the accepted corrective action(s) and has
the capability to implement the accepted corrective actions(s) in the manner discussed in the plan; and,
d. All requests for reconsideration shall:
i. State which of the findings or recommendations Yakima Transit requests the FTA to reconsider;
ii. Provide a justification for the request to reconsider, .including any evidence or information supporting
such a request; and,
iii. Include a written assurance that on the basis of the requested reconsideration, Yakima Transit will be in
compliance.
3. Within an additional 30 days, the FTA will review and submit the Final Remedial Action Plan to Yakima
Transit. . .
a. Yakima Transit will review and consent or respond to this plan within 15 days of receipt.
b. If Yakima Transit does not agree with the Final Remedial Action Plan, it will submit a written statement of
its reasons for not agreeing to the remedial action contained in the plan.
Section IX - Monitoring and Reporting System
Yakima Transit will adhere to the following to establish an effective and workable internal monitoring and reporting
system. This system will serve the following basic purposes:
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1. Assessing EEO accomplishments;
2. Enabling Yakima Transit to evaluate the EEO program during the year and to take any necessary corrective
action regarding the development and execution of programs or goals and timetables;
3. Identifying those units which have failed to achieve a goal or to implement affirmative action; and,
4. Providing a precise and factual database for future projections.
The reporting system will provide documentation to support actions that affect minority and women job applicants
or employees. Management will be kept informed of program effectiveness.
The creation of an EEO advisory committee, reflective of all segments of the community and the agency's
workforce, can be an effective tool in this regard. Yakima Transit will analyze in detail all employment practices
relating to recruitment, selection, salaries, promotions, terminations, standards of discipline, seniority,
maternity/paternity leave, height and weight requirements, etc. All problems will be noted and a proposed course of
remedial action must be enumerated in Yakima Transit's EEO program.
Section — X Discrimination Complaints
Any person who believes that he or she, individually, or as a member of any specific class of persons, has been
subjected to discrimination on the basis of race, color, creed, national origin, sex, disability, or age may file a written
complaint with the FTA or the Secretary of Transportation. A complaint must be filed within 180 days after the date
of the alleged discrimination, unless the time for filing is extended by the Secretary. FTA recommends that EEO
complaints be initially filed with the Yakima Transit for resolution. In those cases where the complainant is
dissatisfied with the resolution by the Yakima Transit, or the case is not being resolved in a timely manner, the same
complaint may be submitted to the FTA, the Secretary, EEOC, or a State agency for investigation.
Unless otherwise permitted, the final determination of all EEO complaints affecting programs administered by the
FTA will be made by the Office of the Secretary, DOT.
SUBMISSION OF COMPLAINTS
1. Filing Complaints of Discrimination —
a. Complainants may submit written complaints to Yakima Transit, Washington State Department of
Transportation, the local EEOC office, FTA Director, Office of Civil Rights, the FTA Area Civil Rights
Officers, and/or the Departmental Director of Civil Rights.
b. In cases where the complainant is unable or incapable of providing a written statement, but wished Yakima
Transit to investigate alleged discrimination, a verbal complaint of discrimination may be made to the
Yakima City Manager. The complainant will be interviewed by a civil rights official authorized to receive
complaints. If necessary, the civil rights official may assist the person in converting verbal complaints to
writing.
2. Complaint Format
a. All complaints must be in writing and signed by the complainant or his/her representative before action can
be taken. Complaints shall state, as fully as possible, the facts and circumstances surrounding the alleged
discrimination. Yakima Transit has developed. a Discrimination Complaint Form for this purpose to assist
in the process. It can be obtained at the Public Works Facility or from the Human Resources Department
located at City Hall.
b. The EEO Officer will provide the complainant or his/her representative with a written acknowledgement
that the complaint was received, within ten (10) working days from the date it was received. Concurrently,
Yakima Transit will transmit the complaint to FTA and the Departmental Office of Civil Rights.
3. Request for Additional Information from Complainant and/or Respondent.
a. In the event that the complainant or respondent has not submitted sufficient information to make a
determination of jurisdiction or investigative merit, Yakima Transit may request additional information
from either party.
b. This request shall be made by registered mail within 15 -working days of the receipt of the complaint by
Yakima Transit and will require that the party submit the information within 60 -working days from the date
of the original request.
c. Failure of the complainant to submit additional information within the designated timeframe may be
considered good cause for a determination of no investigative merit.
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4 Notification of Disposition{,- the EEO Officer shall notify the party charged and primary recipient (if not the
respondent) of the disposition within five (5) days by registered letter the decision to investigate or not
investigate the complaint:
a. If the decision is to investigate, thenotification shall state the jurisdiction, inform the parties that an
investigation will take place, and request any additional information needed to assist the investigator in
preparing for the investigation.
b. If the decision is to not investigate, the notification shall specifically state the reason for the decision.
5. Referral to Other Agencies - In the event that Yakima Transit lacks the jurisdiction, the complaint will be
referred to other State or Federal agencies, informing the parties of the action.
6. Complaint Investigation
a. Yakima Transit Investigation. Yakima Transit may elect to conduct its own investigation of the complaint.
The investigation may he conducted by "desk audit" or an "onsite" investigation.
b. Referral of Complaint to the FTA. Cases determined by Yakima Transit to have investigative merit may be
sent back to the FTA to conduct an "onsite" investigation or may be recommended for a comprehensive
EEO review of the recipient.
c. Priority Complaints. All incoming complaints shall be examined to determine if the discrimination alleged
would be irremediable if not dealt with promptly. If such a determination is made, the complaint shall be
given priority status. The processing, investigation, and determination of such: complaints shall -be
accelerated to advance significantly the normal completion date of the process.
d. Investigator's Preparation. Before beginning the investigation, the investigator shall send a letter of
introduction, establishing the times and dates for the investigation and interviews. This preparation shall be
completed within 30 working days after the assignment has been given to the investigator, contingent upon
the investigator's workload and resources.
7. Investigative Report - A written report will be prepared by the responsible investigator at the conclusion of the
investigation. This report will be reviewed by the Executive Director for thoroughness. The investigative report
will include the following:
a. Summary of the complaint, including a statement of the issues raised by the complainant and Yakima
Transit's reply to each of the allegations;
b. Citations of relevant Federal, State, and local laws, rules, regulations, and guidelines, etc,
c. Description of the investigation, including a list of the persons contacted by the investigator and a summary
of the interviews conducted; and,
d. A statement of the investigator's findings and recommendations.
8. Disposition of Complaints
a. Approval and Notice of Disposition Yakima Transit will approve or disapprove the fmdings and
recommendations made by the investigator in the investigative report. The consequent disposition of the
complaint will be communicated to the complainant and recipient by letter. In addition, a rationale
supporting the disposition made and any recommendations to any party will be included in the letter.
b. Informal Resolution If the Notice of Disposition is issued and finds Yakima Transit in noncompliance,
Yakima Transit is required to initiate voluntary remedial actions agreeable to the Office of Civil Rights.
c. Enforcement Procedure °In cases in which all required means of remedial action have failed to bring the
recipient into compliance, enforcement procedures will be initiated by the Departmental Office of Civil
Rights in conjunction with the FTA.
d. Request for Reconsideration Yakima Transit may request reconsideration findings within 30 days of the
Notice of Disposition. This request should include any additional information or analysis Yakima Transit
considers relevant. The Office of Civil Rights will inform the recipient of its decision to accept or reject the
request within 30 days after its receipt.
In cases in which a request for reconsideration is approved, the responsible investigator will reopen the investigation
and proceed to process the complaint in the same manner described above.
Any violations of this policy may result in disciplinary action, up to and including termination.
All applicants and employees should follow the above procedures in dealing with possible discrimination.
Applicants and employees also have other legal rights, established by law, for investigation of any discriminatory
allegations through the Washington Human Rights Commission, Federal Office of Equal Employment Opportunity,
U.S. Department of Transportation, and/or Office of Federal Contract Compliance Programs.
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Laws Enforced by the EEOC
• Title VII of the Civil Rights Act
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967 (ADEA)
• Rehabilitation Act of 1973, Sections 501 and 505
• Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
• Civil Rights Act of 1991
Filing an Appeal with the EEOC
A dissatisfied complainant may appeal to EEOC Yakima Transit's final action within 30 days of receipt. Yakima
Transit may appeal a decision by an EEOC administrative judge within 40 days of receiving the administrative
judge's decision.
On class complaints, a class agent may appeal Yakima Transit's fmal decision on the merits of the class complaint
within 30 days from receipt, or a class member may appeal the fmal decision on his or her claim for individual relief
within 30 days from receipt of the final decision.
If the complaint is a "mixed case," the complainant may appeal Yakima Transit's final decision to City Council or
ask the Council for a hearing. Once the Council issues its decision on the complaint, the complainant may petition
EEOC for review of the Council decision concerning the claim(s) of discrimination.
Policy Format
Alternative accessible formats of this policy will be provided to applicants or employees upon request.
Directory of Contacts for filing complaints:
Richard A. Zais, City Manager (Executive
Director)
129 N. 2nd Street, Yakima, WA 98901
509-575-6040 (office) 509-576-6335 (fax)
Kevin Futrell, Transit Project Planner (EEO
Officer)
129 N. 2nd Street, Yakima, WA 98901
509-576-6422 (office) 509-576-6414 (fax)
Ken Mehin, Transit Manager
2301 Fruitvale Blvd., Yakima WA 98902
509-575-6175 (office) 509-576-6414 (fax)
Seattle District Office
Federal Office Building
909 First Ave, Ste 400
Seattle, WA 98104-1061
206-220-6883 206-220-6882 (TTY)
Toll-free lines:
800-669-4000 800-669-6820 (TDD)
Federal Transit Administration, Region 10.
Office of Civil Rights
Jackson Federal Building
915 Second Avenue, Suite 3142
Seattle, WA 98174-1002
(206) 220-7954 (Office) (206) 220-7959 (fax)
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No A. 1
For Meeting of October 5, 2010
ITEM TITLE Resolution adopting Yakima Transit's Equal Employment Opportunity (EEO)
Program
SUBMITTED BY Chris Waarvick, Public Works Director, 576-6411
CONTACT PERSON/TELEPHONE Ken Mehin, Transit Manager, 576-6415
SUMMARY EXPLANATION Yakima Transit is required under Section 19 of the 1964 Urban
Mass Transportation Act (UMTA) to establish Equal Employment Opportunity (EEO) Program,
because Yakima Transit receives more than $1,000,000 in financial assistance and employs
more than fifty individuals
In July 2010, the Federal Transit Administration (FTA) determined that Yakima Transit is
deficient in this requirement and has ordered us to comply or not receive federal financial
assistance until Yakima Transit establishes an EEO program In this matter, federal law
prevails over state law if there is any question that the past state initiative on Affirmative Action
applies here
The UMTA EEO Program focuses on seven past discrimination areas, which include race,
color, creed, national origin, sex, disability, and age The plan is focused and designed to
achieve full utilization of minorities and women in all aspects of the workforce including, but not
limited to hiring, promotion or upgrade, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, disciplinary actions, rates of pay or other forms of
compensation, and selection for training (including apprenticeship) The program requires
Yakima Transit to submit a report to the FTA and City Manager annually
Resolution X Ordinance Contract Other (Specify) EEO Program
Funding Source
APPROVAL FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION In order to continue receiving funding, Yakima Transit must have
an EEO program Yakima Transit has worked with the City's Human Resources Department
and has composed the attached EEO Program Staff respectfully requests City Council to
adopt the resolution enacting Yakima Transit's EEO Program
BOARD RECOMMENDATION The City Council Transit Committee is aware of the requirement
for Yakima Transit to comply with the FTA with regard to Equal Employment Opportunity
COUNCIL ACTION