Equal Employment Opportunity

(EEO)11/29/2012

Anita HeardEqual Opportunity Specialist

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Title VII Civil Rights Act of 1964, as amended Prohibits Discrimination on the Basis

of:• Race• Color• Sex ( Including Pregnancy)• National Origin• Creed• Religion• Retaliation

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Equal Employment Opportunity Plan (EEO)

• 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 contractor’s workforce.

• Submitted every three years.

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Threshold Requirements

• 50 or more transit-related employees, and;

• Receives capital or operating assistance in excess of 1 million, or;

• Receives planning assistance in excess of $250,000.

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EEO Plan Purpose• Establish strong company policy and

commitment to equal employment opportunity

• Assign responsibility and authority for the program to top company officials.

• Analyze present workforce to identify jobs and departments where minorities and females are underrepresented.

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EEO Plan Purpose (Continued)

• Set specific measurable hiring and promotion goals with target dates in each area of underutilization

• Make every manager and supervisor responsible and accountable for helping to meet these goals.

• Re-evaluate job descriptions and hiring criteria to ensure that they include only actual job needs.

• Find minorities and females who qualify or can become qualified to fill goals.

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EEO PROGRAM COMPONENTS

1. Statement of Policy2. Dissemination3. Designation of Personnel

Responsibility4. Utilization Analysis5. Goals and Timetables6. Assessment of Employment Practices7. Monitoring and Reporting

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1. Statement of Policy

Agency’s commitment to EEO1.Signed and dated by the CEO2.Include the name of the EEO Officer3.Must include the seven (7) paragraphs on Page

III-1, 2(a) of the circular.

Must be placed in conspicuous and accessible locations so employees and applicants are aware of the agency’s EEO commitment.

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2. Dissemination

• How are you going to publicize and distribute the agency’s EEO Policy internally and externally?

• Internally – Managers and Supervisors informed via:–Written communication from CEO– Inclusion of the policy in the personnel

and operations manual–Meetings held with managers and

supervisors

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2. Dissemination (Continued)

• Internally – non-supervisory staff informed via:– Post EEO policy posters and statement on

bulletin boards, near time clocks, cafeteria, employment/personnel office

– Include policy in employee handbooks, reports, manuals, union contracts

– Meet with minority and female employees for suggestions about the program

– Present EEO program during employee orientation and training programs

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2. Dissemination (Continued)

• Externally – distribute to regular recruitment sources:– Employment agencies; unions, educational

institutions, minority and women’s organizations, civil rights organizations and any agency that refers applicants.

– Public Media sources; radio, television stations, newspapers, magazines, journals.

All advertisements and vacancy announcements should include a statement that you are an “Equal Employment Opportunity Employer”

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3. Designation of Personnel Responsibility• A person should be appointed as

Manager/Director of EEO who reports and is directly responsible to the agency’s chief executive officer.

• The EEO program manager should be identified by name in all internal and external communications.

• This person should be financially compensated at the same level as other top management officials.

• EEO Manager should be given adequate staff

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3. Designation of Personnel Responsibility

(Continued)EEO Manager Responsibility, FTA Circular 4704.1

Page III-3(c) 1-9Example:• Develop EEO policy, a written program• Concur in all hires and promotions• Processing employment discrimination

complaints.• Assist management in collecting and analyzing

employment data, identify problem areas, setting goals

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3. Designation of Personnel Responsibility

(Continued)Manager Responsibility, FTA Circular 4704.1, Page III-4 (1-8)Example:• Assist in identifying problem areas• Be involved in local minority

organizations• Participate in review of complaints

alleging discrimination• Support career counseling for employees

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4. Utilization Analysis

• Purpose – – identify job categories where there is

underrepresentation and/or concentration of minorities or women

– Establish the framework for goals and timetables and other actions to correct employment practices that contributed to underrepresentation or concentration

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4. Utilization Analysis (Continued)

• A statistical breakdown of the job categories cross-referenced by race and sex.

• Consist of a work force analysis and an availability analysis– Availability analysis compares the

participation rate of minorities and women with their availability.

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5. Goals and Timetables

• Percentage and numerical goals with timetables must be set to correct any underrepresentation identified in analysis.

• If previous goals and timetables are not met, you are to justify why; job openings didn’t materialize, adequacy of recruitment, job description.

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6. Employment Practices

• Purpose – Identify the practices that may operate as employment barriers

• Detailed narrative and statistical analysis reviews:– Application procedures– Types of Disciplinary Actions– Promotion procedures– Training opportunities– Testing programs

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6. Employment Practices (Continued)

• Additional areas to discuss– Recruitment process– Position Description– Selection standards and procedures– Interview procedures– Wage and salary structure– Seniority practices– Layoff, termination, disciplinary actions,

transfers– Assess if there are external factors like

potential applicants not knowing where to apply for jobs.

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6. Employment Practices (Continued)

• Statistical Data– Number of individuals by race and sex who:

• Applied for employment• Actually hired• applied for promotion or transfer• actually promoted or transferred• Number and types of disciplinary actions,

resignations, suspensions, grade changes, reassignments and terminations.

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6. Employment Practices (Continued)

• Sample Corrective ActionsUnderutilization • Set goals

• No later than March 1, 2010, notify management and professional recruitment sources, in writing, of FTA’s interest in attracting qualified minorities and women to apply for job openings.

• No later than January 1, 2010,identify promotable female andminority employees in theAdministrative and Skilled workGroups.

Work with local WERC (Woman’sEmployee Resource Center) toadvertise for and recruit for femalecandidates.

ConcentrationNo later than January 1, 2012, develop an upward mobility program. institute an informalapprentice program to betterprepare employees to becomesuccessful candidates for future positions.

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6. Employment Practices (Continued)

• Sample Corrective ActionsRecruitment orApplicant Flow No later than March 1, 2010, expand FTA’s

recruitment program to colleges and universities with a significant percentage of minority and female students.

No later than January 1, 2010, contact the local YWCA, local vocational school, and training centers to inform them of FTA’s interest in attracting qualified female applicants.

Transfer and promotion practices.No later than February 1, 2010, Inventory current minority-and female employees to determine academic, skill andexperience level.

High termination of femalesReview exit interview survey of terminated females to confirm voluntary reason for leave.

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7. Monitoring and Reporting

• Purpose – – Provide feedback on program progress– Identify problems that call for corrective

action on your part– How are you monitoring your program

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7. Monitoring and Reporting (Continued)

• Keep cumulative records on hiring, training, transfer and promotions in areas of under participation and prepare quarterly summaries.

• Formal periodic reports are collected from supervisory personnel.

• Discuss your mechanisms for tracking EEO complaints.

• How are you monitoring your subs’ compliance?Who is reporting to you; how often; what are they

reporting.Who are you reporting to; what are you reporting;

how often.