Resolution No. 79-37 CITY OF TIGARD, OREGON
RESOLUTION No. 79 -,JJ
A RESOLUTION ADOPTING A POLICY OF EQUAL EMPLOYMENT OPPORTUNITY AND ESTABLISHING
AN AFFIRMATIVE ACTION PROGRAM.
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Equal Employment Opportunity (EEO)--the right of all persons to work and
advance on the basis of merit, ability and potential--has deep roots in our
heritage. For many years this right has been severely restricted by prejudices
and discriminatory employment practices against various groups in our society.
The Federal government first recognized this problem in the 1940's and 1950's
by prohibiting discrimination through State Fair Employment laws and Presiden-
tial Orders. These original actions, however, proved to be insufficient. In
1964 Congress provided Federal enforcement powers with the passage of the Civil
Rights Act. This Act established a national policy of non-discrimination and f
created the Equal Employment Opportunity Commission (EEOC). Since that time,
there have bean a multitude of laws passed and Court decisions, at the Federal,
State and local levels. ?
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Many advances have been made since 1964, but much remains to be done before
there will truly be equal employment opportunities for all. Overt, conscious
discrimination has been reduced dramatically in the past fifteen years. How-
ever, many unintentional, and seemingly neutral employment practices, continue
to discriminate creating unequal opportunities for minorities and women. Iden- i
tification and elimination of discrimination resulting from these employment !
practices is the major focus of equal employment efforts today.
The City of Tigard, as a public employer, is entrusted with complying
with both the letter and spirit of the Federal and State laws; of setting a
positive example for other employers in the community; and, of utilizin4 man-
power resources to their maximum potential. For these reasons, the City feels !
it is important to publicly announce it's policy of non-discrimination, and
to undertake a program designed to maintain compliance with this policy. t
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WHEREAS, historical stereotypes of minorities, ethnic groups and
women have acted to exclude their .full participation in the workforce; and
WHEREAS generalizations and misconceptions concerning the abilities
of older workers, and the mentally and physically handicapped have resulted k
in employment discrimination against members of these groups; and
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PURSUANT TO:
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Equal Pay Act of 1963 - Requires all employers subject to the Fair Labor Stan-
dards Act to provide equal pay to men and women performing similar work under
similar conditions; and
Civil Rights Act of 1964, Titles VI & VII - Prohibits discrimination on the
basis of race, color, religion, sex and national origin with respect to all
terms and conditions of employment. Created the Equal Employment Opportunity
Commission (EEOC) to administer and enforce the provisions of the Act; and
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Executive Order 11246 (as amended by Executive Order 11375) - Requires that
major Federal contractors and sub-contractors develop and implement written
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RESOLUTION No. 79-,17_ page 1 of S
Affirmative Action Programs; and
Age Discrimination in Employment Act of 1967 - Prohibits discrimination against
persons between the ages of 40 and 65; and
F.dual Employment Opportunity Act of 1972 - Expanded scope of the Civil Rights
Act of 1964 to include protection to many more employees; including employees
of State and Local governments. Gave the EEOC direct access to the Courts; and
ORS 652.220 - Prohibits discriminatory wage rates based on sex; and
ORS 659.010 to 659.110 659.121, and 659.400 to 659.435 - Prohibits discrimi-
nation on the basis of race, religion, color, sex, marital status, national
origin, age, and mental or physical handicap. Delegates enforcement powers to
the Bureau of Labor. Provides for civil suit for injunctive relief from un-
lawful employment practices; and
WHEREAS the City of Tigard acknowledges the above and is firmly committed
to the principles of merit and non-discrimination in the administration of it's
personnel policies and practices. 4
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD THAT:
It is the policy of the City cf Tigard to provid-a equal employment op-
portunities to all without regard to race, color, religion, national origin,
political ideology, marital status, sex, age, and mental or physical handi-
cap except where it is based on a bona fide occupational qualification (BFOQ).
This policy applies to recruiting, hiring, placement, compensation, promotion,
transfer, layoff, dismissal, seniority, benefits, training and all other terms
and conditions of employment.
WHEREAS the City. of Tigard feels that the mere statement of policy is
insufficient to insure that Equal Employment Opportunity is a fact as well as
an ideal.
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NOW, THEREFORE,
BE IT FURTHER RESOLVED THAT:
The City of Tigard shall undertake and commit itself to an Affirmative
Action Program (AAP). This program will outline specific action steps to re-
dress the effects of past discrimination, insure that no discrimination occurs
in the future, establish parity of representation in all departments and cate-
gories, and promote the full utilization of the capabilities of all employees
of the City. The development of the Program shall begin immediately. It shall
be continuously monitored and periodically up-dated until parity is established.
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RESOLUTION No. 79-,Z2 2 of 8
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THE AFFIRMATIVE ACTION PROGRAM
Definitions-
Affirmative Action Program (AAP) - The AAP is the written document through which
management assures that all persons have equal employment opportunities. It is
a results oriented program designed to achieve equal employment opportunity
rather than simply a policy to assure non-discrimination. As an ongoing program
it requires periodic evaluation and revision.
Bona Fide Occupational Qualification (BFOQ) - A BFOQ is a crucial characteristic
of an employee necessary for successful performance on the job or needed for
authenticity (such as wet nurse, actor, actress, etc.).
Equal Employment Opportunity (EEO) - EEO is an employer's posture that all per-
sonnel activities will be conducted in a manner to assure equal opportunity for
all applicants and employees. f
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EEO Job Categories - The nine broad occupational categories identified and de-
fined by the :EEOC.
EEOC - The EqL.al Employment Opportunity Commission created by the Civil Rights
Act o£ 1964.
EEO Officer - The EEO Officer is responsible for all facets of the AAP including
coordinating, implementing, monitoring, reporting, serving as a liaison, reviewing
for legal compliance, etc.
External Labor Asea/Reasonable Recruiting Area (RRA) - The geographical area
from which an employer may reasonably be expected to recruit for particular
job categories.
Parity of Representation - A condition in which the percentage of participation -
of protected classes in an organization (and/or it's departments, job cate-
gories, etc.) is reasonably equivalent to the corresponding percentages in the
RRA.
Protected Class - Any group of persons identified by legislation not being utilized
as would be expected by their availability in the RRA.
Underutilization - Underutilizatlon is defined as having fewer minorities and
women in a particular job category thai would reasonably be expected by their
availability in the RRA.
I. General Responsibility r
1. The success of the AAP will be dependent upon the participation and
cooperation of every employee of the City. Disciplinary action will
be taken against anyone found to be deliberately obstructing the im-
plementation of this program.
2. Supervisors will play a critical role in the implementation of the t
EEO Policy and the AAP. Performance in carrying out AAP procedures f
and meeting AAP goals shall be included in all future performance
evaluations.
RESOLUTION No. 79-47_ page 3 of S
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II. Appointment of Authority
1. The City Administrator shall be the EEO Officer and may delegate tasks
and responsibility to other employees as deemed necessary.
2. The EEO Officer shall make periodic reports to the City Council, De-
partment Heads, and bargaining associations detailing efforts and
accomplishments, and recommending adjustment of goals and further
action steps to be taken to achieve the EEO Policy.
3. The EEO Officer shall be responsible for maintaining a liaison with the
EEOC and other government compliance agencies, and submitting necessary
reports as required.
4. The EEO Officer shall be responsible for keeping abreast of any new
legal developments in relation to EEO/AAP and reviewing City policy
for compliance.
S. The EEO Officer shall appoint an Equal Employment Opportunity Counselor.
This Counselor shall be available to provide informal and confidential
counseling to employees with EEO problems or questions.
a. The EEO Officer shall be responsible for training the EEO Counselor.
IIT. Communication of Policy
1. Internal Communication
a. All new employees shall be notified of the EEO Policy as a part
of their orientation program.
b. All current employees and bargaining associations shall be no-
tified of the policy.
C. All supervisors shall be notified of the policy and their re-
sponsibilities in relation to the implementation of the policy.
d. Policy statements and periodic notices shall be posted on all
employee bulletin boards. '
e. The EEO Policy shall be included as a preface to the Personnel
Policies and Procedures Manual.
f. All reports shall be made available to any interested employee(s).
g- When requested, opportunity shall be given for employees, bar-
gaining associations or supervisors to meet to discuss any aspect
of the EEO/AAP.
h. Every employee shall be informed of the name of the EEO Counselor.
Employees shall be encouraged to informally seek the advise add
counsel of the EEO Counselor when the have questions or problems
related to EEO/AAP.
i. At least every twelve months a notice shall be sent to each em-
ployee, explaining the grievance procedures, their arplicability.
RESOLUTION No. 79-J_2_ page 4 of 8
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and reminding employees that the use of the grievance procedures
is not grounds for reprisal or discipline.
2. External Communication
a. All suppliers, vendors, and contractors with whom the City does
business shall be informed of the policy (to be sent with billings
or payments).
b. All employment sources and employment referral agencies used by
the City shall be notified of the City's EEO/AAP. They will be
required to make all referrals in a non-discriminatory manner.
C. Organizations and civic groups interested in EEO shall be iden-
tified in the community and notified of the policy. Their support
and/or referral capabilities shall be solicited. The City shall
make itself available to meet with these organizations.
IV. Initial Development of the AAP
1. Research for the development of the AAP will begin immediately. This
research shall include:
a. Analysis of external factors restricting the AAP.
b. A review of all City personnel policies and procedures.
C. A workforce analysis.
d. A review of recruiting policies and procedures.
e. A review of selection and placement policies and procedures.
f. An analysis of internal mobility.
g. A job description/organizational analysis.
h. An analysis of employee training.
i. An analysis of employee discipline.
j. An analysis of employee terminations.
k. An Equal Pay/Equal Benefits study.
1. A review of Grievance Procedures.
(Please see more detailed information in these steps below, Section
V: 1, a - n)
V. Monitoring the Program
1. At least once a year the EEO Officer shall be responsible for coallating
AAP date, and preparing a report on the Program. This report shall
include the following:
a. An evaluation of the success or failure of implementing recommended
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RESOLUTION No. 79-J�L_ page 5 of 8
action steps and meeting goals set for the previous twelve months.
b. An analysis of external factors which may restrict the AAP for
the following year.
C. A review of bargaining association contracts and the Personnel
Manual in light of any new legal developments.
(1) Recommend revisions as needed.
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d. A workforce analysis.
(1) A breakdown of the workforce by job category, department, F
and the City as a.whole, by race, sex and age for compari-
son to current availability of requisite skill persons I
(also broken down by race, sex and age) in the RRA(s).
(2) A study of future manpower needs based on expected rates
of attrition and employment growth or reduction projections.
e. Recruitment.
(1) Review all employment recruitment sources used in the past {
twelve months. Analyze in relation to applicant flow data !
and labor market analysis.
(2) Identify new recruitment sources as needed.
(3) Recommend policy of utilizing identified recruitment sources.
f. Selection and Placement. II
(1) Review selection and placement policies and procedures. i.
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(2) Review applicant flow data. .
(3) Review rejection reasons and rates for protected classes.
(4) Identify problem areas of the selection and placement process.
(5) Research "state of the art" and legal developments in selec-
tion and placement.
(6) Recommend policy changes and/or action steps as needed.
g. Internal Mobility
(1) Review promotion and transfer rates by race, sex and age.
(2) Review merit increase rates by race, sex and age.
(3) Up-date "Promotable Employees File."
(4) Recommend policy changes and/or action steps a nnnded.
RESOLUTION No. 79-1-
page 6 of 8
h. Job Analysis and Restructuring.
(1) Review job descriptions to assure that they are current and
accurate. Review qualification requirements to assure that they
accurately reflect the minimum level for successful entry
into the position.
(2) Review promotion and transfer opportunity charts to assure
that they are accurate and current.
(3) Review organizational structure for possible restructuring
which would facilitate entry and mobility of minorities and
women.
(4) Recommend changes as needed.
i. Training.
(1) Review participation in training activities by race, sex and
age.
' (2) Identify barriers to training.
(3) Investigate training needs, and availability and/or develop-
went of training programs to meet needs.
(4) Recommend action as necessary to provide adequate training
and encourage participation of minorities and women.
Discipline.
`A` (1) Review all disciplinary actions taken in the past twelve
months, by race, sex and age, and by reason and harshness
of discipline. Analyze frequency rates of protected classes.
(2) Recommend changes as needed.
k. Terminations.
(1) Review all voluntary and involuntary terminations in the past
twelve months by race, sex and age, and by reason for termi-
nation. Analyze frequency rates of protected classes.
(2) Recommend changes as needed.
a 1. compensation.
(1) Review rates of pay for equal work.
(2) Review all fringe benefit programs to insure equal availability
.r and benefit levels (special attention should be paid to sex
differences).
(3) Recommend changes as needed.
M. Grievance Procedures.
(1) The City currently has Grievance Procedures which cover all
RESOLUTION.Na. 79,x_ page 7 of 8
employees of the City. These should be reviewed in light
of complaints and any new legal developments (especially
employee rights to due process).
(2) Recommend changes as needed.
n. Evaluation and Adjustment of Future Twelve Month Goals.
(1) Summarize all findings, establish implementation plans
for recommended changes and/or additional action to be
taken to acheive EEO. Recommend adjustment of future
' twelve month goals, addressing areas most deficient in
achieving EEO.
PASSED: This / day of /L(q he , 1979.
yorAE Z=4�'
1ty of Tigard
ATTEST:
!Li
Recorder - City of Tig
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RESOLUTION No. 79-A;? page 8 of 8