EQUAL EMPLOYMENT OPPORTUNITY

Transcription

1 EQUAL EMPLOYMENT OPPORTUNITY AUTHORITY The Equal Employment Opportunity (EEO) Policy is in keeping with Article Ill, Section 3.01 (12) of the City Charter, and is in accordance with the following local, state, and federal laws, as amended from time to time. The City of West Palm Beach Equal Opportunity City Code, 2, as amended, prohibits discrimination in employment, housing, and public accommodations on the basis of race, color, national origin, religion, sex, gender identity or expression, sexual orientation, disability, marital status, familial status, age, or genetic information. The Florida Civil Rights Act of 1992 (FCRA), as amended, prohibits discrimination in employment on the basis of race, color, sex, religion, pregnancy, national origin, age, handicap, or marital status. The Equal Pay Act of 1963 (EPA), as amended, prohibits sex-based wage discrimination by protecting men and women who perform substantially equal work in the same establishment. Title VII of the Civil Rights Act of 1964 (Title VII), as amended, prohibits employment discrimination based on race, color, religion, sex, or national origin. Title VII was amended to include the Pregnancy Discrimination Act (PDA), which makes pregnancy discrimination a form of sex discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against individuals who are 40 years of age or older. Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination and harassment on the basis of genetic information with respect to health insurance and employment. POLICY STATEMENT The City of West Palm Beach, as an equal opportunity employer, is committed to providing equal employment opportunity for all applicants and employees regardless of race, color, religion, sex, gender identity or expression, national origin, age, disability, familial status, marital status, sexual orientation, genetic information, or any other status protected by applicable law. Page I of 10

2 PURPOSE The purpose of this policy is to: Promote a workplace free from unlawful discrimination and harassment. Provide information to applicants and educate employees regarding lawful and unlawful employment practices with regard to providing equal employment opportunity and compliance with applicable laws, city code, city policies, standard operating procedures, collective bargaining agreements, civil service rules, and executive orders. Establish procedures for employees, applicants, and citizens to report alleged violations. Establish responsibility for reporting and correcting possible discrimination in the workplace. Provide for an investigative process for allegations of discrimination. Establish a process to determine an appropriate resolution in a given employment situation. Provide for prompt and appropriate remedial action, including disciplinary action up to and including termination of employment for noncompliance with this policy. SCOPE OF APPLICABILITY This policy shall apply to all employees and elected officials. This policy also applies to citizens reporting perceived violations of the EEO policy. DEFINITIONS For the purpose of this policy, the following definitions apply: Disabled Individual: a person who has a physical or mental impairment that qualifies as a disability under the ADA, has a record of such impairment, or is regarded as having such impairment. Genetic Information: information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder, or condition of an individual's family members (i. e. an individual's family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future. National Origin: an individual's birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Pregnancy Discrimination: discrimination on the basis of pregnancy, childbirth, and related medical conditions. Page 2 of 10

3 Protected Activity: generally, in good faith and truthfully, engaging in the process of (a) filing a report or charge of perceived discrimination; testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing; or (b) opposing an unlawful practice. Protected Class or Status: members of a group defined by race, color, religion, sex, gender identity or expression, national origin, age, disability, familial status, marital status, sexual orientation, or genetic information. Qualified Individual with a Disability: an individual with a disability is qualified if s/he satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without a reasonable accommodation, can perform the essential functions of the position. Reasonable Accommodation: any modification or adjustment to a job or the work environment, schedule, or terms and conditions of employment, accomplished without undue hardship to the employer that will enable an individual who has a qualifying disability under the ADA with equal employment opportunities to perform the essential functions of their job. Religious Accommodation: any modification or adjustment to a job or the work environment, schedule, or terms and conditions of employment that will enable an employee to practice his or her religious beliefs without undue hardship to the employer. Religious Practices: practices based on spiritual, moral, or ethical beliefs or values as to what is right or wrong which are sincerely held with the strength of traditional religious views. Retaliation: a materially adverse action taken against an employee or applicant by an employer, motivated by the fact that the person engaged in protected activity. Sexual Harassment: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. Sexual Orientation: the state of being heterosexual, homosexual, or bisexual or having a history of such identification. Undue Hardship: an action of the employer requ1nng significant difficulty or expense when considered in light of a number of factors. Undue hardship is determined on a case-by-case basis. Page 3 of 10

4 STANDARDS AND PROCEDURES All aspects of the employment process, employment by the City, or the conducting of City business are covered by this policy, including, but not limited to: Job advertisements, recruitment, testing, and hiring; Compensation, scheduling, assignment, or classification of employees; Transfer, promotion, layoff, or recall; Performance evaluation, discipline, and termination; Use of City facilities; Language requirements or restrictions; Training and apprenticeship programs; and Fringe benefits, retirement plans, sick leave, disability leave, or other terms of employment. A. Discriminatory Practices Prohibited 1. The City will not tolerate sexual harassment (with or without sexual conduct) or harassment based on race, color, religion, pregnancy, national origin, gender identity or expression, age, sex, disability, marital status, familial status, sexual orientation, genetic information or any other status protected by law. The City will not tolerate harassment of individuals based on having engaged in protected activity. This prohibition includes harassment by anyone conducting business with the City. This policy also prohibits harassment via or any other electronic device; the use of the or any other City instrumentality to exchange, create, or communicate any material, including but not limited to jokes or offensive language, pictures, videos, which may infringe upon the rights of, or offend persons protected by this EEO policy; and use of the internet or intranet (including the City's website) to access websites that contain objectionable or illegal language or other content. Persons subject to this policy are also prohibited from downloading unapproved software or other files via any media onto the City's computer or other electronic systems which violate this policy. The City will not tolerate any discriminatory acts against any individual because of marriage to, or association with, an individual who enjoys protected status. 2. The City will not tolerate conduct that fosters harassment and/or intimidation. Examples of prohibited conduct include, but are not limited to: use of racial or ethnic slurs or offensive, demeaning, or derogatory terms related to a person's protected status. Other prohibitions are offensive or demeaning gestures, jokes or stories with reference to race, ethnic groups, religious beliefs, or other protected status. This includes verbal presentations, photographs, arts and crafts, electronic or printed media. Page 4 of 10

5 3. The City will not tolerate retaliation against employees because they oppose discriminatory practices or report alleged discrimination in the workplace, provide information related to such reports, or participate in an investigation of alleged discrimination. Retaliation generally includes such materially adverse actions as denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, and/or discharge. 4. The City will not tolerate discrimination on the basis of pregnancy, childbirth, or related medical conditions. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees based upon their qualifications and ability to perform the essential functions of the job. 5. The City will not tolerate discrimination based on genetic information. GINA protects applicants and employees from discrimination based on genetic information in hiring, job assignments, promotion, discharge, pay, fringe benefits, job training, referral, and any other term or condition of employment. GINA also restricts employers' acquisition of genetic information and strictly limits disclosure of genetic information. A family medical history request to comply with the certification provisions of the Family and Medical Leave Act (FMLA) or state equivalent leave laws is an exception to GINA. B. Reporting Procedure 1. Employees are responsible for promoting a workplace free of discrimination and harassment. Employees who have knowledge of an actual or suspected EEO policy violation are encouraged and expected to immediately report such information to a supervisor, department director, or the City's EEO Compliance Officer in Human Resources. 2. Supervisors are responsible for promoting a workplace free of discrimination and harassment. Supervisors who have knowledge of an actual or suspected EEO policy violation shall immediately report such information to the City's EEO Compliance Officer in Human Resources. 3. EEO reports do not have to be filed within the chain of command of any department, including the Police and Fire Departments. Reports may be filed directly with any supervisor or manager, or with the Human Resources Department, the City Administrator, or the Mayor. 4. A centralized internal reporting procedure coordinated through the Human Resources Department consists of reporting allegations or suspected EEO violations to the EEO Compliance Officer in a timely manner, preferably within one ( 1) business day of the alleged event or receipt of knowledge of the alleged event, whichever is earlier. Page 5 of 10

6 5. A report may be filed verbally or in writing. A written report may be filed by completing the "City of West Palm Beach EEO Discrimination Report Form", available on Lotus Notes or from the Human Resources Department. A report may also be filed by letter specifying allegations of discrimination to any member of management or the Mayor. When a report is submitted verbally either by telephone or in person, the EEO Compliance Officer will use the information to complete the City of West Palm Beach EEO Discrimination Report Form. All reports will be reduced to writing prior to an investigation commencing. 6. The written report shall contain the following: a. date(s) of the event(s), action(s), or practice(s) giving rise to the report; b. a description of the event(s), action(s), or practice(s) giving rise to the report; c. name(s) of the alleged violator(s) and witness(es); d. the alleged violation(s) covered under this policy; e. copies of any written, electronic, pictorial, or other forms of documentation; and f. signature of the reporting party. 7. Contact persons, phone and address: EEO Compliance Officer Human Resources Department 401 Clematis Street, 3rd Floor City of West Palm Beach, West Palm Beach, Florida City Administrator Office of the Mayor 401 Clematis Street, 2nd Floor City of West Palm Beach, West Palm Beach, Florida The EEO Compliance Officer is responsible for the investigation of all reports of discrimination. The EEO Compliance Officer will work under the supervision of the Human Resources Director and in conjunction with other offices such as City Attorney, City Administrator, Risk Manager, and others depending on the nature of the investigation. 9. Based on the information provided, a report is either investigated by the EEO Compliance Officer or referred for outside investigation as may be appropriate. When the information is referred, the EEO Compliance Officer will inform the reporting party of the steps that have been taken. In those cases where the EEO Compliance Officer determines that the report is unfounded, the report will be closed and all parties concerned will be informed Employees shall not falsify reports, provide false information, or disclose confidential information during any part of any EEO investigation. Page 6 of 10

7 11. EEO investigations are exempt from disclosure as public records until a final finding is made, the investigation of the report becomes inactive, or the report or other record is made part of the official record of any hearing or court proceeding. The City will not disclose information about active investigations when covered by this exemption and requests that participants in the investigation maintain confidentiality. C. Management Responsibility 1. All members of management are expected to be proactive in maintaining a discrimination and harassment-free work environment. 2. All members of management with knowledge of actual or suspected EEO violations as outlined in this policy are responsible for promptly reporting such and ensuring conformance to this policy by all of their subordinates. Failure to do so will result in discipline up to and including termination of employment. 3. All members of management are expected to seek advice from the EEO Compliance Officer concerning any questions regarding City practice or interpretation of this policy. D. Reasonable Accommodations 1. Individuals with a disability under the ADA may request a reasonable accommodation that will enable a qualified applicant or employee to participate in the application process or to perform the essential job functions. Such requests shall be coordinated through the Human Resources EEO Compliance Officer orally or in writing. Supervisors are required to contact the EEO Compliance Officer in advance of making any type of modification so that an appropriate resolution may be determined based on the given situation. 2. Individuals may request a religious accommodation to enable them to exercise their religious practices. 3. An employee may request a reasonable accommodation orally or in writing from the employee's supervisor, manager, or department director. The request does not have to use the term or terms "reasonable accommodation", "disability", or "Rehabilitation Act." 4. Individuals with a disability may request a reasonable accommodation whenever they choose, even if they have not previously disclosed such disability. 5. To enable the City to keep accurate records regarding requests for accommodation, the staff person accepting an oral request will promptly confirm Page 7 of 10

8 such request in writing. While the written confirmation should be made as soon as possible following the request, it is not a requirement for the request itself. 6. Supervisors and managers who have any questions or concerns involving a reasonable accommodation must contact the EEO Compliance Officer. 7. The Human Resources Director will determine whether a requested accommodation is reasonable or whether it imposes an undue hardship on the City or workplace. Such determination is required before the requested accommodation may be granted. E. Voluntary Mediation of EEO Reports 1. The City of West Palm Beach may entertain an amicable resolution of any dispute in the workplace and may attempt to voluntarily mediate internal EEO reports. 2. The EEO Compliance Officer and/or the Human Resources Director or his/her designee will make the arrangements for a voluntary mediation in appropriate circumstances. 3. All mediations are confidential, with the exception of those who "need to know", e.g., participants, Human Resources personnel, City Administration, and/or the City Attorney. 4. Resolution of substantiated EEO reports through mediation is subject to the established procedures of review and approval, including but not limited to: Human Resources Director, Risk Manager, City Attorney, City Administrator, and Mayor. F. Policy Dissemination and Training 1. The Human Resources Director shall be responsible for the dissemination of the policy and procedures to all City employees and will provide compliance training as deemed necessary. The Human Resources Department will provide written/electronic information as it pertains to this policy and procedures. 2. Department Directors are required to ensure that the postings and distributions are available and accessible to employees. 3. The City maintains posters at worksites that contain information on how to contact the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, and the Florida Commission on Human Relations. 4. Filing an internal EEO report does not prohibit any employee from filing a charge of discrimination with any of the above external agencies. Page 8 of 10

9 G. Discipline for Non-Compliance Failure to adhere to this policy will result in discipline up to and including termination of employment. is effective on this 28 1 h day of September, ~ldine Muoio Mayor EMPLOYEE ACKNOWLEDGEMENT Page 9 of 10

10 I have read and understand this Equal Employment Opportunity Policy (4-2) and agree to comply with its requirements. I further understand that failure to comply with this policy may result in disciplinary action, up to and including termination of employment. Employee Signature Date Page 10 of 10