Equal Opportunity Employment Affirmative Action Plan (Updated September, 2012) Muscatine Community School District

Transcription

1 Equal Opportunity Employment Affirmative Action Plan (Updated September, 2012) Muscatine Community School District

2 INDEX Page Introduction... 3 Message to Employees... 4 Resolution... 5 Responsibility of the Affirmative Action Coordinator... 6 Primary Roles and Responsibilities... 7 Procedures for Non-Discrimination Quantitative/Qualitative Analysis and Goals Community Resources Definitions Equal Employment Opportunity Policy, Regulation and Form Non-discrimination (employees) Policy Harassment of Employees, Policy, Regulation and Form Employee Civil Rights Grievance Procedure and Form Non-discrimination (students) Policy, Regulation and Form Student Civil Rights Grievance Procedure and Form

3 INTRODUCTION MUSCATINE COMMUNITY SCHOOL DISTRICT AFFIRMATIVE ACTION PLAN This document is the Affirmative Action Plan of the Muscatine Community School District. It is a comprehensive, goal-oriented human resource program developed specifically to address the need for equity in all areas of employment practices for employees and applicants. The purpose of the Plan is to ensure that equal opportunity is provided for all individuals in all aspects of employment within the District, Department of Education rules and regulations, State and Federal Legislation and Executive Orders mandate that the District conduct its employment program in a non-discriminatory manner. Special efforts will be made by the District to incorporate Equal Employment Opportunity and Affirmative Action goals into its Human Resource policies and practices. The effective date of this Affirmative Action Plan is January 1, 2013 to January 1, Sections of the Plan may be revised and/or updated to reflect any changes in policy or procedures. 3

4 Muscatine Community School District Message to Employees Muscatine Community School District reaffirms its commitment to provide equal employment opportunity to applicants and employees without regard to race, color, creed, gender, marital status, sexual orientation, national origin, religion, age, or disability. Equal employment opportunity shall apply to all personnel practices and procedures. In addition, affirmative action steps related to recruitment, opportunity, assignment, and promotion will be taken to overcome past and current barriers to equal employment opportunity. An Equity Committee has been formed to ensure systematic input into the development and implementation of multicultural, gender fair educational programs as well as equal employment affirmative action programs. This Committee will advise administration on the development and implementation of the Equal Employment Opportunity/Affirmative Action Program. The current members of that Committee are: Wes Fowler Human Resource Director/Equity/Affirmative Action Coordinator Tim Goodwin Athletic Director/Equity Coordinator Mary Lou Roberson- MCSD Administrative Assistant Diane Campbell Secondary Director of Innovation and Instruction Edwin Cologne WMS Guidance Counselor Jan Collinson Special Programs Director Cassie Calderon CMS Teacher The Muscatine Community School District will recruit, hire and promote without regard to basis of race, color, creed, gender, marital status, sexual orientation, gender identity, national origin, religion, age, or disability. Placement decisions will be based on applicant qualifications. Compensation, benefits and District-sponsored activities and programs will be administered without regard to race, color, creed, gender, marital status, sexual orientation, gender identity, national origin, religion, age, or disability and the District will not discriminate against any individual because of a physical or mental handicap or because of disabled veteran status. The Board of Directors and Administration are committed to fostering equal opportunity within our work force. We appreciate your continued support. William Decker, Superintendent 4

5 Resolution Whereas, Chapter 95 of the Iowa Administrative Code, and various federal civil rights laws, requires the Board of Directors to identify an affirmative action coordinator who is responsible for coordinating and developing the Agency s equal opportunity/affirmative action plan. Whereas, this coordinator may be called upon to do any of the following: - provide technical assistance to administrators and board members - provide program development service related to nondiscrimination - provide training to service delivery staff and others regarding equity legislation - coordinate and administer EEO and AA grievance procedures - coordinate and administer record keeping systems related to various aspects of civil rights compliance - coordinate and administer equity compliance evaluation and monitoring systems - coordinate and monitor equal employment opportunity and affirmative action efforts Therefore, the Muscatine Community School District Board of Directors does hereby specify that the Muscatine Community School District Director of Human Resources shall be assigned this responsibility. Dated this 10th day of December, Attest: Lisa Mosier School Board Secretary Penny Jones School Board President \ 5

6 Muscatine Community School District Responsibilities of the Affirmative Action Coordinator The affirmative action coordinator has responsibilities to coordinate the District s activities related to the following federal and state equity laws: FEDERAL a. Title VI & VII-1964 Civil Rights Act (Race and National Origin) b. Title IX of the 1972 Education Amendments (Gender) c. Section 504 of the 1973 Vocational/Rehabilitation Act (Disability) d. Title II of the Vocational Education Amendments of 1976 and the Carl Perkins Act of 1984 e. American with Disabilities Act 1990 (as amended in 2008) STATE a. Section 256 Iowa Code Nondiscrimination/School Boards b. Chapter 19B. 11-Equal Employment Opportunity and Affirmative Action c. Chapter 12 Standards for Cultural Gender Fair d. Chapter 280.3, 280.4, and Uniform School Requirements e. Chapter & Civil Rights Commission 6

7 Primary Roles and Responsibilities The Superintendent will maintain overall responsibility for the effective implementation of the Affirmative Action Plan and will be responsible for: Informing Directors of any changes in the scope and objectives of the Affirmative Action Plan of the Agency. Assuring that provisions are in the budget for implementation of the District s Affirmative Action Plan. The Directors and all other administrative positions will ensure that: The spirit and intent of Iowa Administration Code 95 containing the provisions of Equal Employment Opportunity and Affirmative Action in educational agencies is carried out. Employees are not discriminated against in any aspect or condition of employment. Equal Employment Opportunity and Affirmative Action standards are included in the performance evaluation of supervisors. The Human Resource Director shall: Develop, implement, and monitor the District s Affirmative Action Plan and policies. Implement the Equal Employment Affirmative Action audit and reporting systems at the visional level that will: a. measure and monitor effectiveness of the program. b. identify problem areas and measures for corrective action. c. establish specific goals and objectives. Investigate discriminatory complaints formally and informally attempting resolution when possible. Establish an Equity Committee composed of employees and who are representative of both non-protected and protected classes, and who have a high level of commitment to Affirmative Action. Publicize and communicate the contents of the Affirmative Action Plan internally and externally. The Equity Committee will: Provide information to employees regarding the District s Affirmative Action Plan. Monitor and provide feedback to the District regarding Affirmative Action and equity program progress. Review policies of the District that pertain to or have impact upon the equity program and make recommendations for change. 7

8 Initiate activities within the District to provide interest in, information about and commitment to the equity program and equity action program. Assess District training needs in the areas of equal opportunity, affirmative action, human relations and making recommendations to the District s Superintendent. 8

9 Recruitment and Selection PROCEDURES FOR ENCOURAGING NON-DISCRIMINATION The Muscatine Community School District will actively and in good faith recruit protected class persons and make every attempt to hire, retain and promote qualified persons. Creditable contacts must be made with protected class organizations and minority communities. Utilization of the procedures listed below will be made in an effort to recruit protected class persons. a. Advertising All District employment advertisements will contain the phrase: "Equal Opportunity Affirmative Action Employer." b. Job Posting All District job postings on the district website will contain the phrase: "No person shall be excluded from employment by the Agency on the basis of race, color, creed, gender, gender identity, marital status, sexual orientation, national origin, religion, age, or disability. For assistance or consultation contact the Director of Human Resources:" c. On-Site Recruitment The Directors and their staffs may recruit through colleges and other educational institutions and direct efforts where there are high percentages of protected class persons. d. Community Resources The Director of Human Resources will maintain contact with local protected class organizations in an effort to apprise them of current employment opportunities and trends and to recruit qualified protected class members into the District. e. Referral f. Affirmative Action Compliance Review The District will encourage employees to refer protected class applicants for employment. District personnel who recruit, interview, hire, train or take disciplinary action and other personnel actions shall be responsible for contributing to the Affirmative Action Goals of the Agency, and shall have Equal Employment Opportunity Affirmative Action standards included within their performance evaluation. District personnel having the responsibility and authority for selection and hiring shall be responsible for utilizing legal and sound interviewing techniques and selection criteria in interviewing and selecting all applicants. Salary and Wage Structure The Equal Pay Act of 1963 requires that equal wages be paid for substantially similar work performed by men and women. State and federal laws require equal pay regardless of race, color, creed, gender, marital status, sexual orientation, national origin, religion, age, or disability. Benefits and Conditions of Employment The District shall assure that: Benefits and conditions of employment are equally bargained contract provisions and District policy without regard to race, color, creed, gender, gender identity, marital status, sexual orientation, 9

10 national origin, religion, age, or disability. This includes medical, hospital, life, long-term disability, retirement benefits, leave and all other terms of employment. Men and women are eligible for retirement benefits on the same basis. c) Benefits available to wives of male employees are available to husbands of female employees. d) Benefits are not conditioned on the basis that the employee is "head of household" or "principle wage earner." Pregnancy and Maternity Leave The District will assure that: Pregnancy, miscarriage, abortion, childbirth and recovery from these shall be covered under any sick leave plan that is available for such purposes. The time when a pregnant woman should cease or return to work shall be determined on an individual basis and will depend upon the physical condition of that particular woman and the nature of the job. Requests for "maternity leave" beyond the medically certified period of "temporary disability" shall be treated in the same manner as employee requests for leaves of absence without pay, except where the collective bargaining contract provides otherwise. The Family Medical Leave Act establishes up to 12 weeks of UNPAID leave each year for employees who qualify due to: - the birth and care of a child - the adoption or foster care of a child - the need to care for a spouse, child, or parent with a serious health condition, or - a serious health condition that makes the employee unable to perform the function of his/her position - having a qualifying exigency due to a spouse, son, daughter, or parent being called to covered active duty as defined in the Family Medical Leave Act. Anyone wishing to see the complete text of this act please contact the Director of Human Resources. 10

11 QUANTITATIVE ANALYSIS AND GOALS Table A presents work-force data by sex for each occupational group as defined in the EEO-6 reporting form. Table B presents work-force data by race for each occupational group as defined in the EEO-6 reporting form. The data used in this analysis is from the School Board records for academic Table A. Employee sex by category: Male Female Sum Executive Administration Principals Assistant Principals Elementary Classroom Teachers Sec. Core Classroom Teachers Other Teachers Guidance Counselors Librarians Other professionals Instructional Aides Clerical Service workers Skilled Crafts Part-time Professional Part-time all others Totals Percentages 19% 81% 100% Table B. Employee race by category: White Hispanic Black Oth. Sum Executive Administration Principals Assistant Principals Elementary Classroom Teachers Sec. Core Classroom Teachers Other Teachers Guidance Counselors Librarians Other professionals Instructional Aides Clerical Service workers Skilled Crafts Part-time Professional Part-time all others Totals Percentages 95% 4% 1% 100% 11

12 QUANTITATIVE ANALYSIS AND GOALS Table A presents work-force data by sex for each occupational group as defined in the EEO-6 reporting form. Table B presents work-force data by race for each occupational group as defined in the EEO-6 reporting form. The data used in this analysis is from the School Board records for academic Table A. Employee sex by category: Male Female Sum Executive Administration Principals Assistant Principals Elementary Classroom Teachers Sec. Core Classroom Teachers Other Teachers Guidance Counselors Librarians Other professionals Instructional Aides Clerical Service workers Skilled Crafts Part-time Professional Part-time all others Totals Percentages 22% 78% 100% Table B. Employee race by category: White Hispanic Black Oth Sum Executive Administration Principals Assistant Principals Elementary Classroom Teachers Sec. Core Classroom Teachers Other Teachers Guidance Counselors Librarians Other professionals Instructional Aides Clerical Service workers Skilled Crafts Part-time Professional Part-time all others Totals Percentages 94.72% 3.83% 1.19 %.26% 100% 12

13 QUANTITATIVE ANALYSIS AND GOALS Table A presents work-force data by sex for each occupational group as defined in the EEO-6 reporting form. Table B presents work-force data by race for each occupational group as defined in the EEO-6 reporting form. The data used in this analysis is from the School Board records for academic Table A. Employee sex by category: Male Female Sum Executive Administration Principals Assistant Principals Elementary Classroom Teachers Sec. Core Classroom Teachers Other Teachers Guidance Counselors Librarians Other professionals Instructional Aides Clerical Service workers Skilled Crafts Part-time Professional Part-time all others Totals Percentages 22% 78% 100% Table B. Employee race by category: White Hispanic Black Oth. Sum Executive Administration Principals Assistant Principals Elementary Classroom Teachers Sec. Core Classroom Teachers Other Teachers Guidance Counselors Librarians Other professionals Instructional Aides Clerical Service workers Skilled Crafts Part-time Professional Part-time all others Totals Percentages 94.68% 4.20%.98%.14% 100% 13

14 RELEVANT LABOR MARKET DATA FOR HOURLY POSITION COMPARISON MUSCATINE COUNTY Table C represents Relevant Labor Market (RLM) data for purposes of availability analysis for MCSD hourly positions. All data is downloaded from Iowa Workforce Development statistics. Table C. Labor Force Statistics by Gender and Minority Group for Muscatine County (2011) Labor Force % Total Both Genders 22, % Total Female Labor Force 10, % Total Male Labor Force 12, % Total Both Genders White and not Hispanic 19, % Minority Race 3, % RELEVANT LABOR MARKET DATA FOR PROFESSIONAL POSITIONS STATE OF IOWA Table D represents RLM data for purposes of availability analysis for MCSD executive administration, principals, assistant principals, teachers, guidance counselors, librarians, and other professionals. All data is downloaded from Iowa Workforce Development statistics. Table D. Labor Force Statistics by Gender and Minority Group for State of Iowa (2011) Labor Force % Total Both Genders 1,663, % Total Female Labor Force 790, % Total Male Labor Force 872, % Total Both Genders White and not Hispanic 1,515, % Minority Race 147, % 14

15 MUSCATINE COMMUNITY SCHOOL DISRICT (MCSD) Affirmative Action Quantitative Analysis/Goals Table E Relevant Total Labor MCSD Under Minority Relevant MCSD Under Work Market % of Represent in Labor % of Repres. force % (RLM) (RLM) Females Work % Market (RLM) (RLM) Job Groups MCSD Female Female Female Female 2012 Force Minority (RLM) Minority 2012 Executive Administration % 47.5% 105.3% No % 8.9% 0.00% Yes Principals % 47.5% 70.2% No % 8.9% 0.00% Yes Assistant Principals % 47.5% 35.1% Yes % 8.9% 0.00% Yes Elementary Classroom Teachers % 47.5% 189.5% No % 8.9% 11.24% No Sec. Core Classroom Teachers % 47.5% 141.1% No % 8.9% 63.84% No Other Teachers % 47.5% 165.3% No % 8.9% 64.71% No Guidance Counselors % 47.5% 126.3% No % 8.9% % No Librarians % 47.5% 210.5% No % 8.9% 0.00% Yes Other professionals % 47.5% 111.8% No % 8.9% % No Instructional Aides % 46.5% 215.1% No % 15.0% % No Clerical % 46.5% 215.1% No % 15.0% 0.00% Yes Service workers % 46.5% 161.3% No % 15.0% 16.67% No Skilled Crafts % 46.5% 17.9% Yes % 15.0% 0.00% Yes Part-time Professional % 46.5% 215.1% No % 15.0% 0.00% Yes Part-time all others % 46.5% 188.0% No % 15.0% 34.11% No 15

16 A thorough review of District employment and personnel policies and practices in relationship to equal employment/affirmation action has taken place. MCSD recognizes that our employee group makeup is not currently representative of our community makeup in the following areas: Job Category Underrepresentation Goal over Next Two Years Administration Female/Minorities Hire a female and/or minority Librarians Male/Minorities Hire a male and/or minority Instructional Aides Male Hire 3 males Service Workers Minorities Hire 4 minorities Skilled Crafts Female/Minorities Hire 2 females and/or minorities Part time others Males Hire 4 males Elementary Classroom Males/Minorities Hire 4 males and/or minorities The goals listed are just that, goals. They are not rigid quotas for hiring that must be fulfilled, but instead are numerical goals that we as a district will try to attain through inclusive, legal, and non-discriminatory means. These goals will not be cause for any group of applicants to be excluded from the hiring process. MCSD has determined that the primary barrier to increasing these numbers is attracting a sufficient number of qualified applicants in these underrepresented areas. MCSD has also built its AA plan with an emphasis on ensuring that the application and interview process focuses on job related qualifications and does not discriminate due to protected class membership. As a result of the review the following implementation goals for an Equal Opportunity Employment Affirmation Action Plan have been established: Maintaining an ongoing EEO/AA Committee for the purpose of: Assisting and advising the EEO/AA Coordinator in the implementation and periodic evaluation of the District's EEO/AA plan and that will serve as an advocate for the developed plan and the principles of EEO/AA. Develop and implement EEO/AA procedure to ensure that MCSD creates a multicultural non-sexist physical environment and that written and visual MCSD communications are gender-neutral and sensitive to members of diverse racial ethnic groups, men, women and persons with disabilities. Enhance advertising posting efforts by identifying and utilizing alternative resources that will create higher visibility amongst underrepresented groups. Disseminate information on job opportunities to organizations representing underrepresented groups when appropriate. Review applications of protected class members which have not been selected to interview and include in the interview group if necessary to ensure that equal opportunity has been offered. Complete and track the disposition of applicants by race, sex and disabilities for all job vacancies. Review minimum qualifications to ensure that they are reasonable in terms of assigned duties and responsibilities. 16

17 Review job applications and pre-employment forms to ensure information is job related. Continue to provide training to all supervisors on EEO/AA principles and implementation of the EEO/AA plan. Revise the procedure used to identify qualified minority candidates. The District will develop and maintain a list of colleges and universities which have significant minority populations to contact when vacancies occur. Provide summary of the Affirmative Action Plan to staff. Community Resources Muscatine Community College 152 Colorado City of Muscatine Human Rights 215 Sycamore Iowa Workforce Development 2213 Grand AEA IX Branch Office 1422 Houser Commission on Aging 1808 Mulberry