EQUAL EMPLOYMENT OPPORTUNITY (EEO) PLAN

Transcription

1 EQUAL EMPLOYMENT OPPORTUNITY (EEO) PLAN Updated: July 25, 2016 Submitted to FTA: July 25, 2016

2 WILLIAMSBURG AREA TRANSIT AUTHORITY EQUAL EMPLOYMENT OPPORTUNITY PLAN TABLE OF CONTENTS I. EXECUTIVE DIRECTOR S POLICY STATEMENT II. BACKGROUND AND POLICY III. ANNUAL GOALS AND OBJECTIVES IV. DISSEMINATION OF POLICIES AND PROCEDURES V. RESPONSIBILITIES A. WATA EXECUTIVE DIRECTOR B. EEO OFFICER C. DEPARTMENT HEADS AND SUPERVISORS VI EMPLOYMENT PRACTICES A. RECRUITIMENT B. SELECTION AND HIRE C. PROMOTION D. TRAINING E. TERMINATION AND DISCHARGE F. SENIORITY G. WAGES AND SALARIES H. DISABLED EMPLOYEES I. DISCRIMINATORY WORKPLACE HARASSMENT POLICY AND PRACTICES J. WATA FACILITIES K. DISTRIBUTION TO CONTRACTORS VII. GENERAL VIII. COMPLAINT PROCEDURE APPENDICES A UTILIZATION ANALYSIS B WORKFORCE ANALYSIS/GOALS AND TIMETABLES C MONITORING AND REPORTING D ACTION ORIENTED PROGRAM PLAN ATTACHMENTS A. DISCRIMINATORY HARASSMENT POLICY B. WATA STATE AND LOCAL GOVERNMENT EEO 4 Updated CY

3 TABLE OF CONTENTS (Continued) C. WATA ORGANIZATION CHART D. STATISTICAL CHARTS OF EMPLOYMENT PRACTICES E. JAMES CITY COUNTY POLICIES AND PROCEDURES CHAPTERS FOR: EMPLOYMENT, COMPENSATION, CONDUCT, AND GRIEVANCE F. UNITED STATES CENSUS BUREAU FACT FINDER - 2 -

4 I. Executive Director s Policy Statement EQUAL EMPLOYMENT OPPORTUNITY PLAN The Williamsburg Area Transit Authority (WATA) provides fixed route transit and ADA paratransit services. Our Mission Statement is to provide safe, reliable, and accessible transportation to the citizens and visitors of the Williamsburg, Virginia area. We are committed to meeting the diverse needs of the community while exceeding customer expectations in a cost-effective and responsible manner. The WATA team is professional, knowledgeable and proud to serve our customers. In the exercise of this Mission Statement we are equally committed to Equal Employment Opportunities throughout our organization. WATA will not discriminate against any employee or applicant for employment due to race, color, religion, national origin, political affiliation, sexual orientation, sex, age, except where sex or age is a bona fide occupational qualification, bona-fide disability or any other legally protected status. As required by law, we will make reasonable accommodations for known physical or mental limitations of an otherwise qualified applicant or employee. WATA commits to undertake an affirmative action program that will include goals and timetables in order to overcome the effects of past discrimination on minorities and women. I have appointed a WATA agency executive, Jamie Jackson, Deputy Director, to serve as the EEO officer for WATA. She will be responsible for the implementation of the WATA EEO program ensuring that we comply with all EEO responsibilities All WATA management personnel share in this responsibility and will be assigned specific tasks to assure compliance is achieved. The performance of managers and supervisors will be evaluated on their contribution to the success of the EEO program the same way as their performance on other WATA goals is evaluated. WATA Employees and applicants will have the right to file complaints alleging discrimination with the appropriate official(s). All such reports will be thoroughly investigated. No adverse action or retaliation will be taken or permitted against any employee who reports issues of workplace discrimination or harassment. We value the organizational and operational benefits that come from hiring and sustaining a diverse workforce. We are proud of our EEO compliance and remain committed to equality. Todd Tyree, Executive Director, WATA - 3 -

5 II. Background and Policy Background: The City of Williamsburg, James City County (JCC), York County, and the Colonial Williamsburg Foundation created the Williamsburg Area Transit Authority (WATA). The Cooperative Service Agreement (available upon request) established WATA and named James City County Government as the fiscal agent in Since that time, James City County remains as the fiscal agent, Human Resource department, and legal counsel for WATA. WATA follows JCC County Policies and Procedures for Employment, Compensation, Conduct, Benefits, Employee Development, and Grievances. JCC and the JCC Human Resource Department do not supervise WATA employees, but WATA employees are public employees and, therefore, have the right to due process. Prior to the forming of the Authority, Williamsburg Area Transit employees were employees that were part of JCC s Community Services Department. Policy: Williamsburg Area Transit Authority (WATA) is an Equal Opportunity Employer. It shall provide equal employment opportunities to its employees and applicants for employment on the basis of fit-for-duty and merit without regard to race, color, religion, national origin, political affiliation, sex, age, except where sex or age is a bona fide occupational qualification, or handicap. This policy shall be followed in recruiting, hiring, promotion into all position classifications, compensation, benefits, transfers, layoffs, returns from layoffs, demotions, termination, WATA-sponsored training programs, educational leave, social and recreational programs, and use of WATA facilities. Any person employed by Williamsburg Area Transit Authority who fails to comply with this policy is subject to disciplinary action. Where necessary, this policy is to be extended in order that WATA be in compliance with the following federal restraints: the U.S. Constitution, the Civil Rights Act of 1866, the Civil Rights Act of 1871, Title VI and VII of the Civil Rights Act of 1974, the State and Local Fiscal Assistance (Revenue Sharing) Act of 1972, the Age Discrimination in the Employment Act of 1975, the Intergovernmental Personnel Act of 1970, Housing and Community Development Act of 1974, and the Rehabilitation Act of The adoption of this EEO plan by the Board of Directors is a reaffirmation of adherence to and promotion by the Board of the policy of nondiscrimination in all action affecting WATA employees. The guidelines, and objectives contained in this plan are designed to assist WATA and all of its employees adhering to that policy

6 III. Annual Goals and Objectives The WATA Executive Director, with the assistance of the Equal Employment Opportunity Officer, shall annually perform the following activities necessary to prepare and update the goals and objectives of the Affirmative Action Plan for Equal Opportunity: A. Analyze current staff and staffing patterns to determine the demographics of WATA employees and of the local area workforce in order to establish benchmark ratios of race and sex. B. Based on the ratios developed under A. above, establish short range (less than 1 year) employment goals and objectives to address any areas of under-utilization of minorities or females and/or which would further equal employment opportunity for WATA employees or the projected work force. C. Based on the ratios developed under A. above, establish longer range (1-5 years) employment goals and objectives to address any areas of under-utilization of minorities or females and/or which would further equal employment opportunity for WATA employees or the projected work force. IV. Dissemination of Policies and Procedures The WATA Equal Employment Opportunity Program will be communicated in the following manner: Internal 1. Copy of full EEO Plan to each department head and to each employee requesting one. 2. EEO/AA policy in employee handbooks and manuals 3. Discussion at supervisory meetings at minimum semiannually to address the subject of recruitment, employment, training, promotion and transfer of employees 4. Non-supervisory staff will be informed of EEO/AA policy and program by actions such as: a. Posting of official EEO posters and the policy statement on employee bulletin boards at WATA for non-supervisor staff to read and understand - 5 -

7 b. Including the WATA EEO policy in employee policy manuals and reports c. Meeting with minority and female employees to get their suggestions in implementing and refining the EEO program; and d. Presenting and discussing the EEO program as part of employee orientation and employee training programs External 1. Notification to recruitment sources and community groups. 2. Employment advertising includes EEO statement. 3. EEO/AA policy posted on the WATA website. 4 Statement included on employment application The dissemination of WATA s EEO/AA policy is not limited to the above referenced items. As considered appropriate, WATA utilizes whatever means necessary to convey the organization s commitment to equal employment opportunity. V. Responsibilities A. WATA Executive Director Ultimate responsibility for the implementation of this policy and the WATA's affirmative action program rests with the WATA Executive Director. The Executive Director s responsibilities may include: 1. Assisting in identifying problem areas and establishing agency and unit goals and objectives; 2. Being actively involved with local minority organizations, women s and disabled organizations, community organizations and community service programs designed to promote EEO; 3. Participating 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; - 6 -

8 4. Holding regular discussions with managers, supervisors, and employees to assure the agency s policies and procedures are being followed; 5. Reviewing the qualifications of all employees to assure that minorities, disabled persons, and women are provided employment opportunities; 6. Participating in the review and/or investigation of complaints alleging discrimination; 7. Conducting and supporting career counseling for all employees; 8. Participating in periodic audits to ensure that each agency unit is in compliance (e.g., EEO posters are properly displayed on all employees bulletin boards)

9 B. Equal Employment Opportunity (EEO) Officer The Deputy Director of WATA will assume the position of the Equal Employment Opportunity Officer and perform the following duties and functions: 1. Developing and recommending an EEO policy, a written program, and internal and external communication procedures; 2. Assisting management in collecting and analyzing employment data, identifying problem areas, setting goals and timelines, and developing programs to achieve goals; 3. Designing, implementing, and monitoring internal audit and reporting systems to measure program effectiveness and to determine where progress has been made and where further actions is needed; 4. Reporting periodically to the Executive Director on the progress of each unit in relation to the agency s goals; 5. Serving as a liaison between the agency, Federal, State and local governments, regulatory agencies, minority, disabled and women s organizations, and other community groups; 6. Assuring that current legal information affecting affirmative action is disseminated to responsible officials; 7. Assisting in recruiting minority, women and disabled applicants and establishing outreach sources; 8. Concurring in all hires and promotions; 9. Processing employment discrimination complaints. C. Department Heads and Supervisors Each member of management and supervision is responsible within his/her area of responsibility for conducting activities in a manner which will ensure compliance with the policy and the Affirmative Action Programs. Furthermore, each is made to understand that his/her work performance in the area of equal employment affirmative action is being evaluated

10 (1) Assisting in identifying problem areas am establishing agency and unit goals and objectives; (2) Being actively involved with local minority organizations, women's and disabled groups, community action organizations and community service programs designed to promote EEO; (3) Participating actively in periodic audits of all aspects of employment in order to identify and to remove barriers obstructing the achievement of specified goals am objectives; (4) Holding regular discussions with other managers, supervisors, and employees to assure the agency's policies and procedures are being followed; (5) Reviewing the qualifications of all employees to assure that minorities, disabled persons, and women are given full opportunities for transfers, promotions, training, salary increases, and other forms of compensation; (6) Participating in the review and/or investigation of complaints alleging discrimination; (7) Conducting and supporting career counseling for all employees; and (8) Participating in periodic audits to ensure that each agency unit is in compliance (e.g., EEO posters are properly displayed on all employee bulletin boards). D. James City County Human Resource Department Since the Cooperative Service Agreement established WATA and named JCC as the fiscal agent in 2008, JCC remains as the fiscal agent and Human Resource (HR) departments for WATA. While HR does not supervise WATA employees, HR provides personnel advisement, employment services, benefits services, and employee relations services to the WATA. WATA employees are public employees and, therefore, are protected by public sector due process employment law

11 VI. Employment Practices WATA follows portions of James City County s Policies and Procedures Manual. These policies and procedures include, but are not limited to the Employment, Compensation, and Conduct chapters. While several of these policies have been summarized in this section of the EEO plan, we have attached the three chapters to this document to provide specific details of these policies and procedures. A. Recruitment Applicants for employment are considered without regard to race, sex, color, religion, national origin, ancestry, handicap, or age; the WATA displays equal employment opportunity notices in conspicuous places available to all employees and applicants for employment. A copy of our EEO Policy may be obtained from the EEO Officer or any manager. Routinely, applications and supporting documents are screened by individual WATA managers for evaluation. This process is overseen by JCC Human Resources. Those applicants deemed most adequately suited for the position are either asked to submit additional supporting documents and are further evaluated, or are asked to submit themselves for an interview. Before a formal offer is made, the EEO officer is consulted to ascertain that a good faith effort has indeed been made. This is accomplished by the EEO Officer obtaining evidence that the applicant pool from which the selection (hiring) was made had been established without regard to race, sex, color, national origin, handicap, ancestry, age or religion. If this cannot be vouched, the EEO Officer may object to the hiring. In order not to affect adversely the employment opportunities of minorities and women, managers are especially urged to follow this and other WATA policies and provide an inclusive work environment. The recruitment of persons to fill vacancies will be accomplished without regard to race, sex, color, national origin, disability, ancestry, age or religion. WATA will maintain contacts with various minority, women and other groups and organizations (including those serving disabled and handicapped individuals) concerning manpower resources and requirements when necessary. 1. The EEO Officer will continue to have primary responsibility for recruitment activities with direct assistance from WATA management and James City County s Department of Human Resources. 2. Whenever practical and financially feasible, all job openings will be advertised in the news media. They will also be advertised in the minority

12 news media as well as with those organizations and institutions catering predominantly to females and minorities. Where the visual media (such as posters or flyers) is used, all pictures shall include minorities and females. As per James City County policy, advertising in the news media may not be done when a sufficient candidate pool exists from a previous opening. 3. The latest job listing will be posted in such a manner that all employees and potential employees have equal access to this information. 4. Communications will be maintained with educational institutions and vocational schools for recruitment, including predominantly minority and female institutions. 5. Positions will be advertised in accordance with James City County Employment procedures. B. Selection The selection of persons to fill job vacancies will be accomplished through approved procedures. Persons will be hired without regard to non-merit factors following a completely objective appraisal of each eligible individual interested in the position. C. Promotion Promotions will be conducted in accordance with applicable rules, on a nondiscriminatory basis. The procedure used in selecting persons for promotion will be evaluated periodically to ensure that they are relevant and nondiscriminatory. Any employee who feels he or she has not been accorded fair and impartial treatment regarding employment will be offered an opportunity to discuss their concerns. 1. Continued emphasis will be placed on the WATA's educational assistance programs. 2. Training programs shall be designed to upgrade the skills of employees so that they can improve performance in their present position. 3. On-the-job training will be designed so that employees have an opportunity to acquire skills needed to qualify for a better position with the WATA

13 4. Employees with managerial ability will be encouraged to acquire skills onthe-job or through more formalized training prior to their advancement into a management position. D. Training The WATA shall provide training annually to all employees with responsibilities under this plan including the WATA Executive Director, the EEO Officer, and all WATA management. F. Termination and Discharge An employee may resign by presenting a written notice of resignation to the employee s supervisor. An employee may be dismissed for unsatisfactory performance of duties in accordance with James City County s applicable policies and procedures. This may include for disciplinary reasons, other just causes, or for reduction in workforce. Public employees have a right to due process if an adverse action is to be taken against them. In accordance with James City County policies, employees may be paid upon termination for all of their accumulated vacation leave and accumulated sick leave on a pro-rata basis. Medical and life insurance will also be paid in accordance with JCC policy (available upon request). Termination Appeal Procedures: Any WATA Full Time or Part time regular employee who has successfully completed his/her Introductory Period has a right to file a grievance, in accordance with James City County policies and procedures. An employee has the right to contact the WATA EEO Officer in writing at any time if they do not agree with a recommended adverse employment action prior to the recommended action being finalized. The EEO Officer shall respond to the employee in writing within five (5) working days. Should the action be finalized, then the employee may have grievance rights where applicable to County policies and procedures. The EEO Officer will be apprised of any adverse employee actions. G. Wages and Salaries WATA complies with all Federal and State laws/regulations including the Fair Labor Standards Act

14 Salaries for WATA employees are determined by the acting Fiscal and Human Resource Department (James City County Policies and Procedures) and Williamsburg Area Transit Authority Board of Directors. H. Employees with Disabilities It is the policy of WATA not to discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. WATA takes affirmative action to employ, advance in employment and otherwise treat qualified individuals with known disabilities without discrimination based upon their physical or mental disability in all employment practices. WATA will attempt to provide reasonable accommodations for employees with disabilities, unless such accommodation would impose an undue hardship on the conduct of its business. WATA also commits to engaging in an interactive process with the person requesting the accommodation (or their representative), as needed, to determine an appropriate accommodation. I. Discriminatory Workplace Harassment Policy (Please see Attachment A) J. WATA Facilities and Benefits 1. Equal opportunity shall be assured to all WATA employees for proper use of WATA facilities. 2. The benefits and conditions of employment as outlined in the James City County Policies and Procedures Manual shall be monitored to assure that they continue to be equally available to all employees. K. Distribution to Contractors In addition to the other provisions of this plan, the WATA is subject to the provisions of the Virginia Public Procurement Act. VII. General The WATA and JCC HR maintain demographic records on the following: a. Applicants b. Hiring c. Terminations

15 d. Promotions, demotions, and transfers f. Training g. Discriminatory harassment complaints The EEO Officer will maintain records on the subjects listed above. They will be reviewed periodically to ensure that actions taken by the organization are consistent with our EEO and Affirmative Action Policy. Records of correspondence with the various recruitment contacts (minority, female, handicapped organizations) will also be maintained. A file of all job advertisements will continue to be kept by the James City County EEO Officer. We will conduct annual training for all department heads and supervisors on WATA EEO/Affirmative Action policy including interviewing techniques. All management personnel and James City County HR will assist in monitoring employee placement, assignment of duties and work sites to ensure that assignments are made on a non-discriminatory basis. Exit interviews are scheduled by James City County Human Resources with Full-time and Part-time Regular employees who terminate from the WATA. VIII. Complaints The WATA values diversity and is committed to creating a work environment: that fosters mutual respect and acceptance; where differences of all employees are recognized, understood and appreciated; and where all employees are encouraged to express and use their differences to bring increased value to the organization. James City County seeks to attract qualified persons of diverse backgrounds and to promote diversity at all levels within the organization. The complaint procedure outlined below will address discriminatory harassment complaints: The WATA EEO Officer and the James City County Human Resource Department receive all written complaints of discriminatory harassment. (See Attachment A for detailed Discriminatory Harassment Policy) Employees will be advised of other avenues of redress including, but not limited to, the following: James City County Grievance Policy (attached) State of Virginia Human Relations Commission, and U.S. Equal Employment Opportunity Commission

16 APPENDIX A WILLIAMSBURG AREA TRANSIT AUTHORITY EQUAL OPPORTUNITY PROGRAM UTILIZATION ANALYSIS July 2016 CURRENT WORKFORCE /AVAILABILITY ANALYSIS The current workforce/relevant labor market for WATA has been determined to be James City County, Virginia. Attachment F is the United States Census Bureau Fact Finder UTILIZATION ANALYSIS including EEO4 Report WATA Employees are classified based on the EEO-4 Public Sector Job Classification Guide of the U.S. Equal Employment Opportunity Commission (See Attachment B: WATA State and Local Government EEO-4)

17 Appendix B - Workforce Analysis/Goals and Timetables (See Appendix B: Workforce Analysis) WATA s utilization of women and minorities overall is very close to the available workforce. There is some slight underutilization of women in the three (3) of the four (4) EEO4 Employee categories that WATA has (Officials and Administrators, Professionals, Administrative Support and Service Maintenance employees), but continuing to implement the EEO plan, including the Action-Oriented plan steps, continues to help WATA attain its goals

18 Appendix C: WATA EEO Monitoring and Reporting Systems The Williamsburg Area Transit Authority has developed an internal and workable monitoring and reporting system that measures the effectiveness of its EEO Policies in accordance with FTA Circular Quarterly updates of EEO Information/Review of goals will be provided to the WATA Executive Director. WATA views the activities that are listed below as critical to the success of Equal Employment Opportunities Programs within the PART organization. 2. The WATA will continue to monitor records of applicants, referrals, training, transfers, promotions, and terminations to ensure that WATA s non-discriminatory policy is carried out. WATA EEO Policies and Procedures will be reviewed and revised in accordance with FTA Cir The WATA Executive Director and Supervisory staff will inform each other of any EEOrelated problems/complaints that arise in their respective areas so that immediate and appropriate steps can be taken to resolve any issues. 4. WATA recognizes its responsibility to affirmative action and is committed to fulfilling this responsibility by complying with all government regulations and laws pertaining to equal employment opportunity. As part of this commitment WATA management will be kept abreast of developments in the affirmative action area. The primary line of communication with WATA management will be through quarterly reporting. 5. The James City County Human Resource Department, who has access to job applications, payroll system and other HRIS functions, and WATA Officials and Administrators will generate internal reports for the WATA Executive Director and supervisory personnel annually and upon request throughout the year to evaluate the degree to which the WATA EEO/Affirmative Action objectives are being obtained. 6. Progress on the WATA Programs and compliance of the Affirmative Action Plan will be discussed at supervisor meetings, and relevant information will be communicated to the WATA employees during meetings as appropriate. 7. The WATA Executive Director will periodically report information in relation to the WATA EEO plan and progress to the WATA Board through quarterly statistical data report. The James City County Human Resource Department will work together with WATA supervisory staff to help in the oversight and evaluation of the effectiveness of the WATA EEO Programs. The WATA EEO Program Plan will be examined every three years in accordance with FTA Cir

19 Monitoring of Sub-Contractors: WATA is subject to the Virginia Public Procurement Act That mandates that public bodies in the Commonwealth obtain high quality goods and services at reasonable cost, that all procurement procedures be conducted in a fair and impartial manner with avoidance of any impropriety or appearance of impropriety, that all qualified vendors have access to public business and that no offeror be arbitrarily or capriciously excluded. (Excerpt from the Code of Virginia Short title; purpose; declaration of intent)

20 Appendix D - Action-Oriented Programs Plan WATA tailors its action-oriented programs to ensure they are specific to identified employment barriers, underrepresentation and/or concentration. The following are examples of such action-oriented programs: Outreach Process 1. Minority and female applicants will be considered for all posted WATA positions for which they are qualified. 2. WATA will participate in job fairs if there are sufficient numbers of openings to warrant participation. 3. WATA will seek to employ interns who work during the summer and part-time during the school year. 4. WATA will continue to publish recruiting brochures where minority and female members of the workforce are included, as well as in other company literature. Job Specifications/Selection Process 1. WATA will continue to develop position descriptions that accurately reflect position functions, and are consistent for the same position from one location to another. 2. WATA will continue to develop job or classification specifications that contain academic, experience, and skill requirements that do not constitute inadvertent discrimination. Develop specifications that are free from bias with regard to age, race, color, religion, national origin, disability, sexual orientation or veteran status. 3. WATA will continue to use only classification specifications that include job-related criteria. 4. WATA will continue to carefully select and counsel all personnel involved in the recruiting, screening, selection, promotion, disciplinary, and related processes to eliminate bias in all personnel actions. Job Advancement 1. WATA will make minority and female employees available to participate in career fairs and related activities in the community, as necessary

21 2. WATA will provide employees access to training courses for inclusion in their career development plans. 3. WATA will continue to offer tuition assistance, when funds are available, to employees interested in pursuing an undergraduate or an advanced degree, with certain limitations

22 CHART 1 Current Period As Of: JUNE 30, 2016 EEO Dept. Job Title or Number Salary All Employees MALE EMPLOYEES FEMALE MIN Current F Availability % % of Under- Utilization GOAL TOT M F W AA HISP API AIAN NHOPI MULTI W AA HISP API AIAN NHOPI MULTI # % # % MIN F MIN F MIN F Officials and Managers % % 9.7% 38.1% 57.0% -4.8% (1.71) 0.14 Professionals % % 12.2% 54.1% -12.2% 45.9% 0.12 (0.46) Technicians Sales Workers Administrative Support Workers % % 19.2% 74.9% -4.9% -46.3% Craft Workers Operatives Laborers Service Workers AA - African American HISP - Hispanic API - Asian Pacific Islander % % 38.1% 62.4% 25.5% -4.4% (22.47) AIAN - American Indian or Alaskan Native NHOPI - Native Hawiian or Other Pacific Islander Multi - Two or More Races

23 CHART 2 FUTURE PERIOD NUMERIC GOALS FOR PROGRAM YEAR Dept. Job Title or Number ANTICIPATED JOB OPENING BY: ATTR EXPS TOT JOB OPENINGS TO BE FILLED BY: REC TRAN PRO NEW HIRE TOT NEW HIRE TOT PROMOTIONS TOT Total Added ANTICIPATED WORK FORCE AS OF 12 MO PROJECTED % INCREASE 2 YR 3 YR 4 YR M F MIN M F MIN MIN FEM MIN F MIN F MIN F MIN F Officials and Managers % 0.0% 0.0% 100.0% Professionals % 50.0% 50.0% 0.0% Technicians Sales Workers Administrative Support Workers % 50.0% Craft Workers Operatives Laborers Service Workers % 25.0% ATTR - Attrition EXPS - Expansion REC - RRecruit TRAN - Transfer PRO - Promotion

24 Workforce Analysis Dept. Job Title or Number Salary All Employees TOT M F W Current Period As Of: June 30, 2016 EEO MINORITY EMPLOYEES MALE FEMALE MIN F AA HISP API AIAN NHOPI MULTI W AA HISP API AIAN NHOPI MULTI Current % # % # % MIN Availability Factor F MIN % of Under-Utilization F MIN GOAL ANTICIPATED JOB OPENING BY: ATTR EXPS TOT FUTURE PERIOD REC JOB OPENINGS TO BE FILLED BY: TRAN PRO NEW HIRE TOT NEW HIRE TOT NUMERIC GOALS FOR PROGRAM YEAR PROMOTIONS TOT FM F MIN M F MIN MIN FEM MIN F MIN F MIN F MIN F TOT ANTICIPATED WORK FORCE AS OF 12 MO PROJECTED % REPRESENTATION 2 YR 3 YR 4 YR Officials and Managers % % 9.70% 38.10% 57.00% -4.80% (1.71) % 0.00% 0.00% % Professionals % 50.00% 50.00% 0.00% Technicians Sales Workers Administrative Support Workers % % 19.20% 74.90% -4.91% % % 50.00% Craft Workers Operatives Laborers Service Workers % -4.45% (22.47) % 25.00%

25 Attachment A: Williamsburg Area Transit Authority (WATA) Discriminatory Harassment Policy Section I Section II Discriminatory Workplace Harassment Resolving Complaints FORMS Appendix - Discriminatory Harassment Complaint Form Page 1 of 7

26 Discriminatory Workplace Harassment A. Policy WATA shall maintain a quality work environment free of unlawful and improper harassment and will take action to prevent such harassment from occurring. Harassment of an employee, prospective employee, or any other individual, such as customers, volunteers, or vendors, on the basis of national origin, race, color, sex, religion, disability, age, sexual orientation or pregnancy will not be tolerated. B. General Definition - Discriminatory Harassment is a form of discrimination that violates Title VII of the Civil Rights Act of Discriminatory harassment is unwelcome, offensive, abusive, or demeaning behavior made on the basis of national origin, race, color, sex, religion, disability, age, sexual orientation or pregnancy which unreasonably interferes with an individual s work performance or creates an offensive work environment. In general, harassment includes, but is not limited to: 1. Verbal Harassment - Epithets, derogatory comments or slurs on the basis of national origin, race, color, sex, religion, disability, age, sexual orientation or pregnancy. 2. Physical Harassment - Assaulting, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual based on national origin, race, color, sex, religion, disability, age, sexual orientation or pregnancy. 3. Visual Forms of Harassment - Derogatory posters, notices, bulletins, s, cartoons, or drawings on the basis of national origin, race, color, sex, religion, disability, age, sexual orientation or pregnancy. 4. Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, upon which an employment benefit is conditioned, which unreasonably interferes with an individual s work performance or which creates an offensive work environment. Page 2 of 7

27 A. Types of Discriminatory Harassment 1. Sexual Harassment Sexual harassment occurs whenever unwelcome conduct of a sexual or gender-based nature affects a person s ability to perform work duties. Sexual harassment can come from a person of either gender against a person of the opposite or same gender and from peers as well as supervisors. Sexual advances, whether verbal or physical in nature, are unlawful and constitute sexual harassment when: a. submission to such advances is an explicit or implicit condition of employment; b. submission to or rejection of such advances affects the job the employee holds; or c. the conduct substantially interferes with the employee s work performance by creating an intimidating, hostile, or offensive work environment. Under the law, two basic types of sexual harassment are found: a. Quid Pro Quo - Quid pro quo means this for that. This type of sexual harassment includes the threat or insinuation that lack of sexual submission will adversely affect an employee s employment, evaluation, wages, advancement, assigned duties or shifts, or other conditions which affect an employee s livelihood. Quid Pro Quo can also take the form of sexual favoritism, which occurs when one employee s sexual involvement with the employer, a supervisor, or some other person with authority to make substantive employment decisions, influences employment decisions regarding benefits and/or promotions to the detriment of other employees. Examples of this type of harassment include, but are not limited to: (1) Pressure, either direct or subtle, for sexual activity by a supervisor or coworker; (2) Requesting sexual favors, accompanied by implied or overt threats or promise of preferential treatment, Page 3 of 7

28 with regard to an individual s employment status or benefits; (3) Granting job favors to those who participate in consensual sexual activity and penalizing those who refuse to participate; and, (4) Unwanted, intentional touching (i.e., patting, massaging, rubbing, hugging, or pinching). b. Hostile Environment - This type of harassment occurs when conduct of a sexual or gender-based nature interferes with an individual s work performance or creates an intimidating, abusive, or offensive work environment. Examples of behavior that may create a hostile work environment include but are not limited to: (1) Verbal harassment, insults, ridicule, acts of intimidation, aggression, or abuse, based on gender; (2) Unwanted, intentional touching (i.e., patting, massaging, rubbing, hugging, or pinching); (3) Sexual or suggestive remarks about a person s weight, body, clothing, make-up, or hairstyle; (4) Demeaning or inappropriate sex-based terms, including intimate or offensive nicknames; (5) Excluding workers of one gender by those of the other from activities or assignments during work hours; (6) Displaying sexually suggestive calendars, pinups, graffiti, pictures, or jokes; (7) Using inappropriate gestures or profanity of a sexual nature; (8) Telling sexual jokes or making sexual remarks, including sexual innuendo or comments with a double meaning; (9) Unwelcome pressure to date or engage in sexual activities; (10) Encouraging other employees to make inappropriate jokes, comments, or advances; (11) Commenting to a group or teasing an individual about issues of a sexual nature; (12) Making facial expressions such as throwing kisses, licking lips or whistling at another in a sexually suggestive manner; (13) Asking intimate or sexually probing questions; (14) Boasting of sexual experiences or discussing sexual activities; or, Page 4 of 7

29 (15) Giving sexually explicit notes or pictures or sexually offensive items to another person. 2. Other Forms of Discriminatory Harassment Behavior directed at an individual s national origin, race, color, religion, disability, age, sexual orientation or pregnancy may constitute harassment when it: a. has the purpose or effect of creating an intimidating, hostile, or offensive working environment; b. has the purpose or effect of unreasonably interfering with an individual s work performance; or, c. otherwise adversely affects an individual s employment opportunities. Examples of such behavior may include, but are not limited to, the same examples described above in Section 10.8, B.1.b, when based on national origin, race, color, religion, disability, age, sexual orientation or pregnancy. Section X Resolving Complaints A. Complaints of Discrimination - Employees and applicants who feel they have been discriminated against in violation of the Equal Opportunity/Affirmative Action Plan or Federal Law may contact the Deputy Director or the JCCHR Department for assistance in resolving the complaint. In addition, employees in other positions who have completed their introductory period have recourse through the established Grievance Procedure (Chapter 10 of the James City County Personnel Policies and Procedures Manual.) B. Complaints of Discriminatory Harassment - When an incident of perceived harassment occurs, the employee is encouraged to make it clear to the offender, at the time of the occurrence, that the behavior is offensive and request that it stop. If the employee is not comfortable doing so, is unsatisfied with the outcome of this encounter, or if the harassment continues, the employee shall submit a formal complaint. The employee is not required to attempt to resolve the situation informally. 1. Formal Complaint The employee (the Complainant) will report an incident of alleged discriminatory harassment by completing the Discriminatory Harassment Complaint Form and submitting it to Page 5 of 7

30 the JCCHR Department as soon as possible after the event giving rise to the complaint, but within 300 days, which is consistent with the Equal Employment Opportunity Commission s timeframe for filing a complaint. Failure to do so without good cause will waive the opportunity to pursue the complaint procedures set forth in this policy. If the alleged harasser is a member of the JCCHR Department, the Discriminatory Harassment Complaint Form shall be submitted to the Deputy Director, who will conduct the investigation. 2. Investigating a Complaint Upon receipt of the completed Discriminatory Harassment Complaint Form, the JCCHR Department will promptly begin an investigation by: (a) Interviewing the Complainant to ensure understanding of the complaint and to obtain all necessary information. (b) Contacting the alleged harasser (Respondent) to inform him/her of the basis of the complaint and arranging a time to meet and respond to the allegations. The Respondent will respond to the complaint in writing. (c) Interviewing individuals whom the parties have identified as having pertinent information. (d) Reviewing all relevant documents either provided or identified by the parties and any other documents deemed to be relevant to investigation. 3. Completion of Investigation and Findings JCCHR, in conjunction with the WATA Attorney, shall prepare a report of the investigation, findings, and determination of whether discriminatory harassment has occurred. The report shall be completed within 30 days of receipt of the complaint. 4. Determination - Harassment Occurred If it is determined that harassment on the alleged basis has occurred, the findings will be reported to the Department Manager of the Respondent, who will recommend disciplinary action up to and including termination. Recommended disciplinary action will be determined by the severity and/or frequency of the offense and will be consistent with County policy. The Human Resource Manager will inform the Complainant and the Complainant s Department Manager of the findings and will advise what corrective action is being taken. Page 6 of 7

31 5. Determination - No Harassment Occurred If it is determined that no harassment, as defined, occurred, Human Resources will notify the appropriate parties involved of the findings in writing. Human Resources and department managers will consider whether other action, such as mediation, or intervention by the Employee Assistance Program, is warranted. 6. Confidentiality - A complaint of discriminatory harassment, its investigation, the outcome of the investigation, and any action(s) taken relating to a specific employee or employees shall be kept confidential to the extent possible. Dissemination of information will be limited to persons with a need to know to conduct an investigation or to implement disciplinary or corrective action and the Complainant. 7. Anti-Retaliation and False Allegations - No person, qw WATA employee, or other County employee may take disciplinary action against, or in any other manner discriminate or retaliate against, or deny any person a benefit to which that person is entitled because such person has filed a complaint or instituted any proceeding under or related to this policy, has testified or is about to testify in any such proceeding or investigation, or has provided information or assisted in an investigation, unless any of these are done in bad faith and with malicious intent. 8. General Procedures (a) (b) Definition of Days - For purposes of this procedure, days shall be defined as calendar days and time periods shall begin on the day following that on which any action is to be taken or report made, and run without regard to weekends or holidays. If a time period ends on a weekend or holiday, the last day of the time period shall be the end of the business day of the first working day following the weekend or holiday. Time Limit Extension - Time limits established under this procedure are intended to be strictly construed and enforced. However, in the interest of fairness, any time limits may be extended if both parties agree to such extensions in writing. Page 7 of 7

32 Appendix C Discriminatory Harassment Complaint Form To file a complaint of Discriminatory Harassment as defined in Chapter 10, Section 10.4 C of the Personnel Policies and Procedures Manual, complete this form and return it to the Human Resource Manager within 300 calendar days of the event causing the complaint. Your Name Department Supervisor s Name The discriminatory harassment is based on: Race Color National Origin Sex Religion Disability Age Sexual Orientation Pregnancy Name(s) of person(s) who committed the alleged discriminatory harassment: Name(s) Department(s) Date(s) when alleged discriminatory harassment occurred: Names of individuals who witnessed the alleged discriminatory harassment: Describe what happened (use additional paper if necessary): What results do you wish to obtain by filing this complaint (use additional paper if necessary): I affirm that the above information is true to the best of my knowledge, information, and belief. Signature Date Date received in Human Resources: harassment.for

33 Attachment B: Williamsburg Area Transit Authority (WATA) State and Local Government EEO-4

34 KEY: For the purposes of the report, the following race/ethnic categories will be used: MALE b. White (not of Hispanic origin): All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. c. Black (not or Hispanic origin): All persons having origins in any of the Black racial groups of Africa. d. Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. e. 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 area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa. f. American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition FEMALE g. White (not of Hispanic origin): All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. h. Black (not or Hispanic origin): All persons having origins in any of the Black racial groups of Africa. i. Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. j. 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 area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa. k. American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition

35 EQUAL EMPLOYMENT OPPURTUNITY COMMISSION STATE AND LOCAL GOVERNMENT INFORMATION (EEO-4) REV. EEO PAGE: 1 JOB CATEGORY SALARIES D. EMPLOYMENT DATE AS OF JUNE 30 RACE / ETHNICITY HISPANIC OR LATINO MALE NON-HISPANIC OR LATINO FEMALE TOTAL WILLIAMSBURG AREA TRANSIT OFFI 7239 POCAHONTAS TRAIL WILLIAMSBURG VA A B C D E F G H I J K L M N CONTROL NUMBER: WATA FUNCTION: 12 [Utilities and Transportation] O 1. FULL-TIME EMPLOYEES OFFICIAL/ADM 1.$ PLUS PROFESSIONALS 9.$ PLUS TECHNICIANS 17.$ PLUS PROTECT/SRVCS 25.$ PLUS PARA-PROP 33.$ PLUS ADMINISTRA- 41.$ TIVE SUPPORT PLUS

36 EQUAL EMPLOYMENT OPPURTUNITY COMMISSION STATE AND LOCAL GOVERNMENT INFORMATION (EEO-4) REV. EEO PAGE: 2 JOB CATEGORY SALARIES D. EMPLOYMENT DATE AS OF JUNE 30 RACE / ETHNICITY HISPANIC OR LATINO MALE NON-HISPANIC OR LATINO FEMALE TOTAL A B C D E F G H I J K L M N O SKILLED CRAFT 49.$ PLUS SERV/MAINT 57.$ PLUS TOTAL 65.FULL TIME OTHER THAN FULL-TIME EMPLOYEES 66.OFFICIAL/ADM PROFESSIONALS TECHNICIANS PROTECT/SRVCS PARA-PROP ADMIN SUPPORT SKILLED CRAFT SERV/MAINT TOTAL OTHER 74. THAN F-T NEW HIRES DURING FISCAL YEAR - PERMANENT FULL TIME ONLY 75.OFFICIAL/ADM PROFESSIONALS TECHNICIANS PROTECT/SRVCS PARA-PROP ADMIN SUPPORT SKILLED CRAFT SERV/MAINT TOTAL 83.NEW HIRES