HomeMy WebLinkAbout05/17/2016 05G Yakima Transit Equal Employment Opportunity Program 2016 UpdateBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.G.
For Meeting of: May 17, 2016
ITEM TITLE: Resolution authorizing approval of Yakima Transit's Equal
Employment Opportunity Program update 2016 and direct staff to
implement the program
SUBMITTED BY: Scott Schafer, Public Works Director
Alvie Maxey, Yakima Transit Manager, 576 -6415
SUMMARY EXPLANATION:
Yakima Transit is required under Section 19 of the 1964 Urban Mass Transportation Act (UMTA)
to establish an Equal Employment Opportunity (EEO) Program because Yakima Transit receives
more than $1,000,000 in financial assistance and employs more than fifty individuals.
The Federal Transit Administration requires Yakima Transit to update the EEO program every
three years and set goals to correct underutilization, following an analysis of past employment
practices. The program establishes goals required in order for Yakima Transit to receive federal
funding from the Federal Transit Administration.
The EEO program is intended to prevent discrimination related to, among other things, 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, upgrade, demotion, transfer, recruitment, advertising, layoff,
termination, disciplinary actions, rates of pay, or other forms of compensation, and selection for
training (including apprenticeships).
STAFF RECOMMENDATION:
Approve the Resolution and direct staff to implement the program
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D EEO Program Resolution 4113/2016
D Yakima Transit EEO Program 2016 412012016
Type
Resolution
Resolution No. R -2016-
A RESOLUTION authorizing the City Manager to approve Yakima Transit's Equal Employment
Opportunity Program 2016 update and direct staff to implement the program.
WHEREAS, in 1964, Congress enacted the Uniform Mass Transportation Act (UMTA),
which sets out requirements in Section 19 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.
WHEREAS, the Uniform Mass Transportation Act is enforced through the U.S.
Department of Transportation; and,
WHEREAS, the City of Yakima is subject to the requirements because it operates a
public transit system, employs more than 50 employees, and receives more than $1,000,000 of
financial assistance annually; 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, Yakima Transit and the City of Yakima's Human Resource Department
have drafted an EEO Program conforming to FTA requirements.
NOW, THEREFORE, BE IT RESOLVE BY THE YAKIMA CITY COUNCIL:
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 17th day of May, 2016.
Avina Gutierrez, Mayor
ATTEST:
Sonya Claar -Tee, Clerk
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 from
discriminating 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, when used
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 EEO Officer & the EEO Liaisons. 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, an EEO Liaison, 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, as employment conditions change, or if
requested by the Federal Transit Administration.
Approved by:
Jeff Cutter, Acting City Manager (Executive Director)
Approval Date: May 17, 2016
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
Chapter 1— 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).
Yakima Transit has not now or in the past been found to have discriminated against a protected class. As
a result, this program does not contain affirmative action measures to address past discrimination.
Section 11- Designated Officials
Compliance: The Executive Director shall ensure compliance with the General purpose of this policy.
EEO Officer: Connie Mendoza, Human Resources Director
Executive Director: City Manager
EEO Liaisons: Transit Project Planner & Senior Human Resource Specialist
Transit Manager: Transit Manager
Section 111— Objectives
This policy's objectives are to ensure that Yakima Transit:
1. Will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, disability, or age.
2. 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. 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. Dept. 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.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
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 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,
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.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
14. UMTA Activity — means any program of assistance authorized by sections of the UMTA; 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 V Coverage
1. General — All programs administered by the FTA are subject to Section 19 of the UMTA. These
include the assistance programs authorized by the UMTA, 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 CFR 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 (V(2)).
c. State agencies must administer their EEO programs in the following manner:
i. 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.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
iii. Yakima Transit will be responsible for complying with the EEO objectives contained in this
policy. FTA recommends that designated State agencies request EEO programs from their
subrecipients. This 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 or as 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.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
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 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 27.
Program Requirements
Section 1 - 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 from
discriminating 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, when used
to overcome the effects of past discrimination against 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 EEO Officer & EEO Liaisons. 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, an EEO Liaison, 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 /contractor through fuller utilization
and development of previously underutilized human resources.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
Section 11 Dissemination
Dissemination of the EEO program can mean different things at different levels. For recruitment
purposes, dissemination in advertisements includes notification that "Yakima Transit is an EEO
Employer" or similar language. Dissemination at the employment level includes incorporating the EEO
program and policy in pre - employment training and ongoing training for existing employees.
The EEO policy will be available in the Human Resource office and located on Yakima Transit's website.
1. Managers and supervisors will be fully informed of the agency's policy through:
a. Written communication from the City Manager;
b. Including the EEO program and policy in Yakima Transit's personnel and operations manual; and
c. Meetings yearly to discuss the EEO program and its implementation.
2. Non - supervisory staff will be informed of the agency's EEO policy and program through:
a. EEO posters and the policy statement posted on Transit's bulletin boards and in the Human
Resource office;
b. Inclusion of the EEO policy in the employee handbook & manual;
c. Employee meetings; and,
d. Presentation of the EEO program in new hire orientation and training programs.
3. At a minimum during recruitment periods, the EEO Program and Policies will be promoted through
City of Yakima, Human Resource Office, on Yakima Transit's website, Work Source Yakima, and the
local newspapers Yakima Herald & El Sol De Yakima (Spanish newspaper).
a. If available, might also include dissemination at /in one or more of the following:
Employment agencies, educational institutions, minority groups, persons with disabilities
groups, women's organizations, civil rights organizations, veteran centers, city /county /state
job placement centers, community action groups, transit - related organizations, and other
applicant referrers;
ii. Public media sources (oriented to persons with disabilities, veterans, and minority
populations).
b. All employment announcements will state that "Yakima Transit is an Equal Employment
Opportunity Employer" or "the City of Yakima is an Equal Employment Opportunity Employer."
Section 111 Administration
1. The EEO Director has 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 EEO Officer the responsibility for coordinating the overall
administration of the EEO Program.
2. The EEO Officer shall have the following duties:
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
a. Shall develop and recommend an EEO policy and program, including internal and external
communication procedures, setting goals and timetables.
b. Shall be responsible for checking and signing all related reports.
c. Ensure that the Transit Manager and all supervisors are aware of the details of the EEO Program.
d. Shall concur in all hires and promotions for compliance with policy.
e. Report to the EEO Director on a minimum of once every three years, on the progress of the
program.
f. Process employment discrimination complaints.
g. Report, to the EEO Director, accomplishments and goals every three years.
h. Establish procedures for promptly resolving a deficiency status and reducing to writing the
remedial action agreed to help resolve the situation, all within a period not to exceed 90 days.
i. Serves as liaison between Yakima Transit, Federal State, and local governments, regulatory
agencies, minority and women's organizations, and other community groups as required.
j. Assists in recruiting minority and women applicants and establishing outreach sources for use
during the hiring process.
k. 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.
I. Conduct and support career counseling for all transit employees.
m. Review 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 EEO Liaisons shall have the following duties:
a. 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.
b. Ensure that the Transit Manager and all supervisors are aware of the details of the EEO Program.
c. Report to the EEO Officer yearly, on the progress of the program.
d. Collect and analyze employment data, identify problem areas, set goals and timetables, and
develop programs to achieve goals.
e. Measure program effectiveness and to determine where progress has been made and where
further action is needed.
f. 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.
g. Process, record, and disseminate EEO complaints received.
h. Monitor and ensure public information is available for Yakima Transit's EEO Program.
i. Develop and disseminate public information posters and other items when necessary.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
j. Identify and propose ways to eliminate discrimination when found to exist.
k. Serves as liaison between Yakima Transit, Federal State, and local governments, regulatory
agencies, minority and women's organizations, and other community groups as required.
I. Assists in recruiting minority and women applicants and establishes outreach sources for use
during the hiring process.
m. 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.
n. Ensure that Yakima Transit's long -range plans are consistent with EEO requirements.
o. Incorporate into the Transportation Improvement Plan (TIP) (aka Transit Development Plan) any
corrective actions taken in response to TIP - related deficiencies found by an FTA audit.
4. The Transit Manager and Transit 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:
a. Shall have the responsibility of ensuring that Yakima Transit's EEO policies and program, as
outlined in this EEO Program Policy are carried out.
b. Ensure that EEO information is developed for dissemination to the general public and, where
appropriate, in languages other than English.
c. Assist in identifying problem areas and establishing Yakima Transit goals and objectives.
d. Advise the EEO Officer & EEO Liaisons on EEO compliance issues.
e. Participate 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 & ensure that
transit is in compliance (e.g., EEO posters are properly displayed on employee bulletin boards).
f. Hold regular discussions with the manager, supervisors, and employees to assure Yakima
Transit's policies and procedures are being followed.
g. Review 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.
h. Conduct and support career counseling.
i. Participate in the review and /or investigation of complaints alleging discrimination.
j. 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.
k. Create training programs on the EEO program and related statutes for Yakima Transit
employees.
I. Supervisors & management will meet yearly to discuss program compliance & implementation.
They will also meet with a few minority and female employees to obtain program suggestions.
m. All new hires will receive training on EEOC during their new hire orientation.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
Ccr*inn I %/ _ nrnnni7nrional Chart
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
Yakima Transit
A Division of the City of Yakima
Organizational Chart
City Council
DBELO Officer
City Manager
EEO Officer
Accounting,
Purchasing, Police,
HR, Legal, IT, Etc
Safety Officer
Public Works Director
Fleet & Facility Mgr
Citizen's Advisory
Transit Manager
Committee
Fixed Route Program
Supervisors (3) Administrator (1)
Dispatchers (3) Maintenance Transit
Crew Leader (1) Planner (1)
Operators (42) Service Workers (2) Transit
DA II (3) Vehicle Cleaners (2) Specialist (1)
Revised May 2016
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
Section IV —Organizational Chart
Yakima Transit
A Division of the City of Yakima
Organizational Chart
Revised May 2016
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
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 (maintenance, supervisors, etc), and job title (e.g. Operations Supervisor, Transit Operator,
etc.). 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 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; State 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 /men may
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
be underutilized. Likewise, minority -group data should be broken down by specific racial groups
(i.e., Black, Hispanics, Asian, Pacific Islander, and American Indian /Alaskan Native.)
Section 111— Goals & Timetables
1. 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 triennial 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 have resulted in the goal(s) being achieved, and
the adequacy of recruitment and other affirmative actions to change existing employment practices
so that 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 -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 should be based on anticipated job
openings, job group availability, and long -range goals set for minorities /women in a 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 them 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 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.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
Section 11111— 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 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.
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
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:
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.
Yakima Transit will analyze in detail all employment practices relating to recruitment, selection, salaries,
promotions, terminations, standards of discipline, seniority. 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
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
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.
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, the notification 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 notice 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 be 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
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
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 findings 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,
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
Federal Office of Equal Employment Opportunity, U.S. Department of Transportation, and /or Office of
Federal Contract Compliance Programs.
9. Laws Enforced by the EEOC
• Titles I and V of the Americans with Disabilities Act of • Title VII of the Civil Rights Act
1990 (ADA) • Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967 (ADEA) 0 Civil Rights Act of 1991
• Rehabilitation Act of 1973, Sections 501 and 505
10. 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 final decision on the merits of the class
complaint within 30 days from receipt, or a class member may appeal the final 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 request a Council hearing. Once the Council issues its decision, the complainant may petition
EEOC for review of the Council decision concerning the claim(s) of discrimination.
11. Policy Format
Alternative accessible formats of this policy will be provided to applicants or employees upon request.
12. Directory of Contacts for filing complaints:
Connie Mendoza, HR Director (EEO Officer)
129 N. 2nd Street, Yakima, WA 98901
509 - 576 -6619 (office) 509 - 576 -6358 (fax)
City Manager (Executive Director)
129 N. 2nd Street, Yakima, WA 98901
509 - 575 -6040 (office) 509 - 576 -6335 (fax)
Human Resource Specialist (EEO Liaison)
129 N. 2nd Street, Yakima, WA 98901
509 - 576 -6618 (office) 509 - 576 -6358 (fax)
Transit Project Planner (EEO Liaison)
2301 Fruitvale Blvd., Yakima WA 98902
509 - 576 -6422 (office) 509 - 576 -6414 (fax)
Transit Manager
2301 Fruitvale Blvd., Yakima WA 98902
509 - 575 -6175 (office) 509 - 576 -6414 (fax)
Yakima Transit — Equal Employment Opportunity Program — Updated May 2016
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)