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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)