HomeMy WebLinkAbout02/16/1999, C8 - AFFIRMATIVE ACTION PLAN Council
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CITY OF SAN LUIS OBISPO
FROM: Ann Slate,Director of Human Resou esu
Prepared By: Jill Sylvain,Human Resources Analyst/
SUBJECT: City of San Luis Obispo Affirmative Action Plan
CAO RECOMMENDATION
Adopt a resolution updating the recruitment goals of the City's Affirmative Action Policy and
approve revisions to the City's Anti-Discrimination and Unlawful Harassment Policy(formerly the
Sexual Harassment Avoidance Policy).
DISCUSSION
The City of San Luis Obispo is committed to the concept of Equal Employment Opportunity as a
basic principle that all persons shall be given equal access and consideration to positions in the
public service, limited only by their ability and qualifications to do the job, and to a workplace free
from discrimination. Affirmative Action is a commitment to achieving the intent of the equal
opportunity laws,through a detailed set of objectives and programs designed to achieve prompt and
full utilization of minorities, women, and other protected classes of individuals at all levels and in
all areas of the work force.
In 1978, the Equal Employment Opportunity Commission (EEOC) developed guidelines that
public agencies and educational institutions, who were recipients of certain federal grant funding,
must have equal opportunity programs. In 1979, the City Council of San Luis Obispo adopted its
first Affirmative Action Program. Since that time,the program has undergone periodic review and
modification. In 1991 and 1993, the Plan was updated by the Affirmative Action Committee and
adopted by the City Council. In 1995 the plan was reviewed; the review committee concluded no
changes were warranted and recommended updating the recruitment goals in 1997 for Council
approval. The recruitment goals were updated and adopted by Council in February, 1997. In
January of 1998 the Affirmative Action Committee voted to change its name to the Workforce
Diversity Committee. The Committee agreed this was a better reflection of the Committee's focus.
The City Council is required to review the updated Affirmative Action Plan in February of every
odd-numbered year. Please note the only changes to the plan are the attached updated five year
recruitment goals and the revisions to the Sexual Harassment Avoidance Policy. The City asked
the law firm of Liebert, Cassidy and Frierson to review the Sexual Harassment Policy for current
compliance. They recommended the City broaden the policy to address all areas of harassment and
discrimination, not just sexual. The changes reflect their recommendations. The City's current
Affirmative Action Plan is available for review in the Council Reading file.
On November 5, 1996 the "California Civil Rights Initiative' (Proposition 209) was approved by
voters. This proposition raised many questions, among them: What affect did Prop 209 have on the
City's Affirmative Action Program? The City went into a temporary holding pattern as the case
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Council Agenda Report-Affirmative Action Plan
Page 2
wound its way through the courts. The initiative was appealed all the way to the Supreme Court
who refused to hear the appeal,thus making it law in March, 1997.
Still of particular concern to our City is the question of how and when the "federal funding"
exemption can be utilized. This exemption in Prop. 209 allows agencies to continue using
affirmative action programs that are required by federal law as a condition of maintaining or
receiving federal funding. Currently the City is receiving federal funding and would not want to
jeopardize this source of fiords by dismantling our current program.
Furthermore, the City's Affirmative Action Plan has never contained hiring "quotas", only hiring
goals. Our Plan" ... ensures a work environment free of unlawful employment discrimination and
harassment'..." A strong argument can be made that affirmative action policies have actually
strengthened the nation's workforce, its higher education system, and government contracting
programs,by expanding the pool of qualified applicants for jobs, college/university admissions and
government contracts, and provided greater opportunity for upward mobility to racial and ethnic
groups and women who were previously denied opportunities.
The Human Resources Department has updated the workforce utilization analysis. The labor
market information provided by the State of California is based on the 1990 Census and is a
reflection of the population that was available to work in 1990. It is not a reflection of our local
population of ethnic minorities and females since that includes individuals who are not available to
work (e.g. school age children or retired persons).
The current analysis indicates that the City's greatest area of underutilization of protected classes is
in protective services (police and particularly, fire) where women are not adequately represented.
Statistically, the disparity is 39.4%below the relevant labor pool. Recruitment strategies to attract
qualified female candidates are being considered so that the City can move toward realistically
achieving its affirmative action goals. Likewise, in the professional category, women are
underutilized and recruitment goals have been identified to correct the disparity. One of our
greatest challenges is recruiting female applicants in the skilled craft and service/maintenance
categories. Historically these are considered "non-traditional" jobs for females. Hispanics are
underutilized in the occupational categories of administration, professional, and administrative
support, from 3.9%to 11.4%below the relevant labor pool. Human Resources has been involved
in outreach programs at local high schools in hopes of attracting a more diverse applicant pool for
these types of positions in the future. In addition our current job openings are listed on the Internet;
the goal is to attract a more widely diverse,qualified applicant pool.
CONCURRENCES
The updated recruitment goals and revisions to the Sexual Harassment Avoidance Policy have been
reviewed by the Workforce Diversity Committee and are found to be satisfactory.
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Council Agenda Report-Affirmative Action Plan
Page 3
FISCAL IMPACT
The updated Affirmative Action Plan and the revised Anti-Discrim nation and Unlawful
Harassment Policy will be reprinted at a cost bome by the Human Resources Department budget
Printing costs are minimal. There is no additional finding being requested at this time.
ALTERNATIVES
Do not adopt the updated Affirmative Action Plan and Anti-Discrimmation and Unlawful
Harassment Policy. This is not recommended because it conflicts with previous policy decisions to
maintain a current plan and policy. It is a legal requirement to update the Affirmative Action Plan.
It makes good sense to revise the Anti-Discrimination and Unlawful Harassment Policy to assure
we are in step with recent court decisions.
Attachments:
1. Resolution
2. Workforce Utilization Analysis
3. Anti-Discrimination and Unlawful Harassment Policy
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RESOLUTION NO. 0 999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPDATING THE CITY'S ANTI-DISCRIMINATION AND UNLAWFUL
HARASSMENT POLICY (formerly the Sexual Harassment Avoidance Policy)
WHEREAS, the City of San Luis Obispo is committed to the concept of Equal
Employment Opportunity as a basic principle that all persons shall be given equal access
and consideration to positions in the public service limited only by their ability and
qualifications to do the job, and
WHEREAS, Equal Employment Opportunity can best be achieved through
definitive programmed affirmative action, and
WHEREAS, the City of San Luis Obispo has had an Affirmative Action Program
since 1979,
WHEREAS, it is the City Council's responsibility to review the updated Affirmative
Action Plan every odd-numbered year;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby adopts the updated Affirmative Action Plan including changes to the
Anti-Discrimination and Unlawful Harassment Policy (formerly the Sexual Harassment
Avoidance Policy) attached hereto marked Exhibit A and incorporated herein by
reference, and rescinds Resolution No. 8633 (1997 Series).
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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Resolution No. (1999 Series)
Page 2
the foregoing resolution was adopted this day of , 1999.
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
/itjfflttor ey
S:affinnative action plan
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Attachment 3
CITY OF SAN LUIS OBISPO
ANN DISCRIttillfl VVATION and UNLAWFUL HARASSMENT POLICY
Resolution No.6726{1989-Serri*
It is the policy of the City of San Luis Obispo that all employees should be able to enjoy a work
environment free from all forms of discrimination, including sem unlawful harassment. In
accordance with federal regulations requiring employers to adopt clear policies prohibiting seal
harassment in employment, the City Council has adopted the policy statement set forth in full
below:
Polic} A
It is the policy of the City of San Luis Obispo that employees have a working environment free of
unlawful discrimination and harassment.Discrimination against or harassment of an employee or a
member of the public by an employee or contractor on the basis of race, sex, religion, national
origin, ancestry, disability, medical condition, marital status, age, or sexual orientation is strictly
prohibited and will not be tolerated. The work environment should be business-like and assure
fair, courteous treatment for employees and the public we serve. Discrimination and
harassment may eensfitate i4egal se3E disffimiimfien ead may violate both state and federal law. It
is employee misconduct that could decrease work productivity, undermine the integrity of
employment relationships,decrease morale and cause severe emotional and physical distress.
All employees should be informed of the discrimination complaint process and be assured of their
right to file complaints without fear of reprisal. All employees, including supervisors and
managers, shall receive eageieg training regarding behavior that constitutes seraW prohibited
workplace harassment. Employees should also understand the importance of reporting incidents
promptly to assure that further incidents do not occur.
The City Council expects City department heads to convey to their employees strong disapproval of
serer discrimination and harassment. All employees including supervisors and managers should
be clearly informed regarding behavior that constitutes sexes prohibited harassment or
discrimination or creates the perception of serer harassment or discrimination and the
consequences of such actions. The employees should be aware that behavior described in the
definition of semW harassment and discrimination set forth below e€-aaetl ff mpleyee shall be
grounds for disciplinary action. Employees also should be aware that ignoring sex" harassment
complaints is also grounds for disciplinary action.
Retaliation against a person for filing or otherwise making a harassment or discrimination
complaint in good faith, or other good faith involvement in a harassment or discrimination
investigation, is prohibited Employees found to be retaliating against another employee shall be
subject to disciplinary action.
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Attachment 3
>employee,be they vifiRea;mvefbal, >
> whenevep>
affeefing the employee;
Esi
DEFINITION
Prohibited harassment and discrimination for purposes of this policy, includes but is
not limited to:
♦ Speech, such as epithets, derogatory comments or slurs, and lewd
propositioning on the basis of race, sex, religion, national origin, ancestry,
disability, medical condition, marital status, age, or sexual orientation. This
includes, without limitation, inappropriate sex-oriented comments on
appearance, including dress or physical features, and race-oriented stories and
jokes.
♦ Physical acts, such as assault, impeding or blocking movement, offensive
touching, or any physical interference with normal work or movement when
directed at an individual on the basis of race, sex, religion, national origin,
ancestry, disability, medical condition, marital status, age or sexual orientation.
This includes pinching, grabbing, patting, propositioning, leering, or making
explicit or implied threats or promises in return for submission to physical acts.
♦ Visual insults, such as derogatory posters, cartoons, or drawings related to race,
sex, religion, national origin, ancestry, disability, medical condition, marital
status, age or sexual orientation.
♦ Unwanted sexual advances, requests for sexual favors and other acts of sexual
nature, where submission is made a term or condition of employment, where
submission to or rejection of the conduct is used as the basis for employment
decisions, or where the conduct is intended to or actually does unreasonably
interfere with an individual's work performance or create an intimidating, hostile,
or offensive working environment.
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Attachment 3
♦ Adverse employment actions carried out on account of race, sex, religion,
national origin, ancestry, disability, medical condition, marital status, age or
sexual orientation.
♦ Adverse employment actions carried out in retaliation for good faith submission
of discrimination charges, or good faith participation in an investigation made
pursuant to this policy.
COMPLAINT PROCEDURE
1. Any employee who feels he/she has been the victim of somal harassment or discrimination as
defined above should contact EITHER his/her supervisor, Department Head or Director of
Human Resources as soon as possible as time is of the essence in investigating charges of
harassment or discrimination. The initial Fepert-complaint can be oral or written,but a written
and signed statement e€the complaint must should be submitted by the complaining employee
within five (5) worldng days of the initial fepe4 complaint so an investigation can proceed
promptly into the matter. The€ems written complaint mu should cite the specific incident(s)
as well as the desired resolution. The Director of Human Resources will advise the City
Administrative Officer of the receipt of all written,sett harassment complaints.
2. Upon receipt of the written complaint, the Department of Human Resources will conduct (or
refer to others to conduct) an investigation of the charges, including contacting the person who
allegedly engaged in the prohibited ses{tel behavior, informing him/her of the basis of the
complaint and providing him/her an opportunity to respond. The Department of Human
Resources may attempt an informal resolution of the complaint. The Department of Human
Resources may also reject a harassment or discrimination complaint that is incomplete or
which fails to contain sufficient information to state a claim of discrimination or harassment
covered under this policy.
w4mmilt An M at
Depattmeal Head: Beth p-Aiplq *411 UP "At4fied ef the aefien te be taken. :1he PeFseenel-
4.
5. Al/ City employees must cooperate fully, and be truthful and forthright when
providing information in response to a City investigation under this policy.
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Attachment 3
6. The Department of Human Resources shall notify the complainant(s) and
respondent(s), Department Head, the City Administrative officer, and other
appropriate persons, regarding the disposition of complaints made pursuant to
this policy.
5. The City may take lawful measures to assure appropriate confidentiality during
the investigation and related time periods.
Remedial Action:
1. if harassment or discrimination is found to have occurred in violation of this
policy, the City shall take action to ensure or confirm that the harassment or
discrimination at issue is stopped. The City may take whatever measures are
appropriate to ensure its workplaces remain free of unlawful discrimination or
harassment.
2. Employees found to have engaged in discrimination or harassment covered by
this policy may be subject to disciplinary action up to and including termination
of employment. The severity of the discipline will be determined by the severity
and/or frequency of the offense.
3. Employees found to have been dishonest or uncooperative during an
investigation made pursuant to this policy may be subject to disciplinary action
up to and including termination of employment.
Appeal:
1. Disciplinary action taken under this procedure may be appealed with or without representation
subject to appeal or grievance procedures indicated in the appropriate Memorandum of
Agreement of Personnel Rules and Regulations.
2. If the employee who submitted the complaint An en*eyee-eke is not satisfied with the
disposition of the investigation, he or she may submit an appeal to the City Administrative
Officer within ten (10) calendar days from receipt of the conclusion of the Director of Human
Resources. The appeal shall be in writing, verified under penalty of perjury, and contain an
explanation why the complainant believes the pending disposition is incorrect. Failure to
appeal within the ten day period means that the earlier disposition in final. The City
Administrative Officer (or his/her designee) shall respond in writing after considering the
appeal.
3. Complainants lmgleyees may appeal the City Administrative Officer's disposition of the
investigation to the Personnel Board within ten (10) calendar days from receipt of the
conclusion of the City Administrative Officer (or his/her designee). Failure to appeal within
the ten day period means that the City Administrative Off cer's disposition is f nal.
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Attachment 3
Efflw2m;—_
r-eeef&.
2. If this dees net resolve the eeneem ftweblemlsitwfi* er- if the employee feels
DeonFiment Head
Personnel DgpoFtmeot
5
CS-13
Attachment 3
DISSEMINANON OF POLICY
This policy shall be disseminated to all City employees. The City may require employees to sign an
acknowledgment of the policy s receipt, which maybe maintained in the employee's personnel file.
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