NEW YORK STATE DEPARTMENT OF TRANSPORTATION …

NEW YORK STATE DEPARTMENT OF TRANSPORTATION EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN

Table of Contents Affirmative Action Responsibilities............................................................. 3 Affirmative Action Functions and Monitoring/Measuring System........................ 5

Job Structuring and Upward Mobility Promotions Recruitment and Placement

1

 Training

Layoff, Recall, Discharge, Demotion, and Disciplinary Action Program Evaluation................................................................................ 9 Employment Statistical Data..................................................................... 10

Procedure for Employees and Applicants to Resolve Allegations of Discrimination... 10

Exhibits: New York State Department of Transportation Civil Rights Policy Statement. EEO 4 Report Calendar Year 2016.

ADMINISTRATION AND IMPLEMENTATION Appointment of Affirmative Action Officer The Director of the Diversity Management Bureau functions as the full time Affirmative Action Officer (AAO) for the New York State Department of Transportation, as defined in 23 CFR 200 230C and other statutes and regulations. In addition, there is now three professional staff assigned to the Bureau on a full time basis. In December 2016, an additional professional staff person was hired who will primarily focus on recruitment including developing activities aimed at increasing workforce diversity. Mrs. Dilella reports to Raymond LaMarco, Assistant Commissioner, Administrative Services Division and is responsible for the daily operation and management of the EEO Program and Affirmative Action Plan; responsibilities include, but are not limited to, the following: Responsibilities of the Affirmative Action Officer

Maintain, annually update and publicize the Department's Affirmative Action Plan (including supporting data) and review the Department's progress in eliminating underutilization.

Recommend to the Commissioner, after consultation with the Department of Civil Service and other knowledgeable organizations, the proper proportions of the Department's workforce who should be women and minorities with the objective that the Department will resemble to the maximum degree possible the proportions in the available labor force.

Provide managers and supervisors with underutilization workforce data and assist them in identifying problem areas. Develop or assist in the development of programs and remedies to eliminate underutilization and to eliminate any discriminatory practices discovered in the employment system.

Design, implement and monitor quality assurance and reporting systems to measure program effectiveness and determine where progress has been made and where further action is needed.

2

 Monitor and report goal attainment (efforts toward reaching parity) to the Commissioner and annually to the Federal Highway Administration (FHWA).

Administer the Workers with Disabilities Program (Section 504 ? 55/b/c,) including the Disabled Veterans Hiring Program.

Serve as the Designee for Reasonable Accommodations (DRA), coordinate reasonable and religious accommodations for Department employees and job applicants under the Americans with Disabilities Act (ADA) of 1990, as amended.

Investigate complaints of discrimination and sexual harassment. Coordinate the activities of the Main Office and Regional Diversity Advisory

Committees. These Committees function in an advisory capacity to assist the Department in achieving greater workforce diversity and inclusion. These committees include a diverse representation of employees from various job levels and departments.

Review procedures and plans covering layoffs, retirements, termination, demotions and disciplinary actions of Department employees to ensure such actions do not have an adverse impact on women and minority employees.

Disseminate and publicize the Equal Employment Opportunity and Affirmative Action Plan: Publicize the Plan through Department communications, including the Department's IntraDOT. Externally post the Plan on the Department's external webpage and provide to the public upon request. Place Federal and State EEO posters on bulletin boards, in personnel offices and other appropriate locations.

Assist with the Department's efforts to recruit a diverse workforce by developing and coordinating strategies that are effective in reaching those populations statewide.

Develop strategies to foster a work environment of inclusion, such as, diversity training, recruiting, and retention activities.

Coordinate the Department's Student Internship Program.

Responsibilities of Managers and Supervisors:

Managers and supervisors are responsible and accountable to addressing underutilization:

Ensure non-discrimination in hiring, training, promotion, transfer, career counseling and reasonable accommodation;

Review training, hiring, promotion and termination patterns to monitor achievement of goals and identify problem areas;

Ensure fair and unbiased interviewing and selection techniques; Undertake measures designed to prevent harassment or retaliation against employees who

have complained of alleged acts of discrimination; With assistance from the Affirmative Action Officer and the Personnel Bureau,

evaluating job descriptions, duties, and minimum qualifications to ensure that they reflect actual needs; Inform the Affirmative Action Officer of job openings for assistance in recruiting minorities and females; Encourage minorities and females to attend upward mobility as well as technical skills training as part of their performance program. This is facilitated by Departmentsponsored, union-sponsored, and State-sponsored training programs that are available to all employees; and, Annually complete the Equal Employment Opportunity: Rights and Responsibilities; Sexual Harassment on-line training courses; and Reasonable Accommodation Series for Supervisors.

Issue written Equal Employment Opportunity Policy Statement and Affirmative Action Commitment.

3

The Department has a comprehensive policy statement that speaks to civil rights programs. The policy statement is available to all Department employees on the IntraDOT, which is the Department's internal web page, and is physically posted throughout the Department.

Publicize the Affirmative Action Plan

The Affirmative Action Plan is posted on the Department's external webpage and will be made available to the public upon request and internally is posted on the Diversity Management Bureau webpage.

Internally: Policies, procedures, and federally-mandated EEO postings are displayed on the Department's internal web site and posted throughout Department facilities.

Externally: Policies, procedures, and federally-mandated EEO postings are displayed on the Department's external web site and on recruitment literature.

The Affirmative Action Officer is assisted by the Personnel Bureau, the Employee Relations Bureau, the Workforce Learning Development Bureau, and the Regional Administrative Services Directors who are assigned specific responsibilities with respect to equal employment opportunity/affirmative action, as follows:

Employee Relations Bureau in collaboration with the AAO will: Ensure employee disciplines are handled in a consistent and non-discriminatory manner for all employees; and Ensure employee grievances are handled in a fair and equitable manner for all employees.

Administrative Services Directors in collaboration with the AAO will: Act as Regional affirmative action resource person; Review requests for reasonable and religious accommodation; Serve as the chair on the Regional Diversity Advisory Committee; and, Maintain contact with community based organizations and community service Programs designed to promote EEO/AA programs.

Workforce Learning & Development Bureau in collaboration with the AAO will: Provide supervisory training which includes EEO/AA information; Coordinate Sexual Harassment Intervention Program training; Coordinate Equal Employment Opportunity Rights and Responsibilities training; Coordinate Reasonable Accommodation Training for managers and supervisors; and, Coordinate Positive and Productive Workplace training which includes EEO/AA information.

Personnel Bureau

AAO, in collaboration with the Personnel Bureau, will develop and implement specific programs to mitigate barriers and achieve goals.

Job structuring and upward mobility The AAO and Personnel Bureau, along with Civil Service and Governor's Office of Employee Relations (GOER):

Works in collaboration with managers and supervisors to create career development plans for employees in lower salary grades who are underutilized and demonstrate potential for advancement;

Assists managers and supervisors to publicize job opportunities and information on upward mobility programs within their units and throughout organizations within the Department, and on the State Jobs NY web site maintained by the Governor's Office of Employee Relations;

Periodically reviews and updates the Department's Personnel Classification Plan to correct inaccurate job specifications, duties and job descriptions, and to ensure positions are appropriately allocated. Reviewers ensure that job qualifications and duties are job related and do not inadvertently discriminate against women and minority candidates; and,

Continually examines job specifications and qualifications to determine if the underutilization of minority and female employees can be managed or eliminated by restructuring job duties or creating entry-level or trainee positions.

4

Promotions In hiring and promoting employees, managers shall use merit, fitness and Civil Service standards which are reasonable, objective, and job related. Department managers should consider EEO guidelines and AA underutilization data when promoting, assigning staff to different duties and filling vacancies. Of particular importance will be the responsibility to be cognizant of these diversity objectives when making assignments that are known to provide strong opportunities for future promotions. These assignments would include membership on inter-organizational work teams, and special assignments for Executive Management opportunities to represent the Department.

In support of this objective, the Department's managers and human resources staff shall ensure that they:

Conspicuously publicize and post all current job vacancies (with the use of IntraDOT) throughout the agency; and,

Publicize the Department's Merit Promotion Program by highlighting the promotion of employees to key jobs, or new career heights.

The AAO, in collaboration with Personnel Bureau, has the following responsibilities in monitoring promotions and new appointments Department-wide:

Monitor and review promotion actions to ensure that procedures and practices support EEO objectives and do not have an adverse impact on women and minorities.

Evaluate promotion criteria, such as supervisory evaluations, oral interviews, written tests, qualifications, and their use by managers, and identify and eliminate factors which may lead to improper exclusion of employees or applicants, particularly minorities or women, who traditionally have not had access to better jobs.

The AAO, in conjunction with the Personnel Bureau and Regional Administrative Services Directors, will monitor promotions and appointments by use of the Appointment Review Process. Appointments will be reviewed and monitored to ensure non-discriminatory employment practices, and ensure that selections are based on merit and fitness without regard for race, color, creed, disability, national origin, sex, military status, sexual orientation, marital status, arrest or conviction record, predisposing genetic characteristics or domestic violence victim status. This monitoring will also include an analysis of patterns and trends to determine if barriers to equal employment opportunity exist. Where identified, corrective action will be taken to eliminate discriminatory employment practices within the Department.

Recruitment and Placement The Department continues to recruit on a statewide basis to attract diverse candidates by recruiting at colleges/universities with diverse student populations; and attending various local community events, such as, the Martin Luther King Job Fair, Somos El Futuro Conference, Veteran outreach events, New York State Association of Black, Puerto Rican & Asian Legislators Caucus, etc. Also, annually the Department hosts a group of middle school students for Junior Achievement's Job Shadow Day.

Additionally, the Student Internship Program continues to be an effective recruitment tool and provides students with the opportunity to observe the Department from the perspective of an employee with the goal of interesting them in pursuing long term employment.

The Department's recruitment activities support and supplement the efforts of the New York State Department of Civil Service, which announces examinations and job opportunities on its web site, sends automatic e-mail notification to subscribers, and sends announcements to all New York State Department of Labor offices. The Department also operates a toll-free number (877DOT-JOB 1) to facilitate access of information to employment opportunities and application procedures.

In recruiting, the Affirmative Action Officer undertakes the following, with the assistance as needed from the Personnel Bureau, Program and Regional Staff:

Maintains contacts with educational institutions, professional societies, and other 5

organizations that represent minority groups, women, and other candidates for technical, professional and management level positions;

Ensures recruitment literature is current and relevant to all applicants;

Reviews and monitors recruitment and placement procedures to ensure that nondiscriminatory practices exist;

Cooperates with management and the Department of Civil Service in the review and validation of written tests and other merit and fitness selection devices (e.g., physical requirements); and,

Analyzes the flow of applicants through the selection and appointment process including an analysis of reasons for non-selection.

Transportation Construction Inspectors (TCIs) are the Department's seasonal construction inspector positions which augment its permanent construction field workforce. The TCI program provides an excellent opportunity to expose minorities and women, generally undergraduate students who are majoring in engineering, to career possibilities within the agency. Individuals in the title qualify for the Department's Engineering Technician title series on a promotional basis. In 2016, 30% of TCI new hires were minorities and females.

Training Additionally, the Affirmative Action Officer, in collaboration with the Workforce Learning and Development Bureau, will ensure that:

The Department's Workforce Learning and Development Bureau advises all employees of training opportunities via the Department's internal web site and e-mail and the Regional Training Coordinators;

Employees have opportunities to participate in training and educational programs which enable them to advance in relation to their own career goals as well as present and projected human resource needs of the agency, and,

Training course participant records are reviewed to ensure that training opportunities are being offered to all eligible employees.

The on-going programs are as follows: The Initial Supervisory Training and Educational Program (InSTEP). The First Step to Supervision: a 2-day program that includes a discussion on generational diversity. Prevention of Workplace Violence training which has a diversity component. Sexual Harassment in the Workplace (classroom based and online): a mandatory program for all employees upon hire; and annually for all employees. Equal Employment Opportunity: Rights and Responsibilities Training. Reasonable Accommodation Series for Supervisors.

WLDB attempts to create a culture that promotes diversity and inclusiveness by, (including, but not limited to):

Coordinating interpreter services for hearing impaired employees who attend NYSDOT sponsored/supported training programs.

Continuously working to ensure that employees registering for NYSDOT offered courses have accommodations necessary to ensure a positive learning experience.

Layoffs, recalls, discharges, demotions, and disciplinary actions:

Layoffs In the planning of layoffs, the Department considers the impact of the layoffs on the composition of employees in each of the title and job categories. The Department is governed by New York State Civil Service Law ?80 regarding this matter.

Records of layoffs and recalls would be maintained in accordance with direction from the New York State Department of Civil Service. Records of discharges, demotions, and disciplinary actions are also maintained which include the following:

6

Total number of employees laid off; and name, address, telephone number, hire and termination date, recall rights, gender, and race.

Total number of demotions; and name, address, telephone number, demotion date, gender, race, and reason for demotion.

Total numbers of employees with recall rights; and name, address, telephone number, gender and race.

Recalls Recalls are in accordance with New York State Civil Service Law ?79, ?81 and/or negotiated agreements with employee bargaining units.

Discipline/Termination All employee terminations are processed in accordance with New York State Civil Service Law ?75 as well as negotiated agreements with employee bargaining units. When employees are disciplined, downgraded, terminated or discharged, the AAO or designee shall review such actions, to determine if such represents a breakdown in the AA program and, therefore, calls for remedial action.

Program evaluation

The Department's Human Resource Information System (HRIS) system maintains up-to-date workforce data. The workforce data is reviewed to measure progress toward parity. In the Federal Occupational Category (FOC) where underutilization exists, actions to address include but are not limited to:

Recruitment at college/universities with diverse student populations in an effort to establish a diverse candidate pool;

Participate in outreach events which focus on the target population e.g., Black, Puerto Rican and Asian Legislative Caucus, Martin Luther King Job Fair, Somos El Futuro Conference and Veteran events, etc.;

Review applicant flow and selection process to ensure selections are based on nondiscriminatory reasons; and,

Participate in "scoping" examinations administered by the New York State Department of Civil Service to ensure job relatedness, and mitigate adverse impact on minorities.

Provide internship opportunities to students whose career goals are related to the transportation industry.

Employment Statistical Data

The underutilization analysis report identifies which Federal Occupational Categories within the Department have an over/underutilization of minorities and females or is at parity. Using this data, the Department assembles statistics on all job categories by race and gender for the calendar year to determine the composition of its workforce, and to plan accordingly to address any identified underutilization.

As of December 30, 2016, NYS Department of Transportation employed 8,604.

Gender Percent Ethnicity

Number

Percent

Female 15.8%

White

7,562

88.4%

Male 84.2%

Black

406

4.7%

Hispanic

222

2.6%

Asian/Pacific Islander

326

3.8%

American Indian/Alaskan

44

0.4%

Unknown

54

For calendar year 2015, the NYS Department of Transportation employed 8,565

Gender Percent Female 15.6% Male 84.4%

Ethnicity White Black Hispanic Asian/Pacific Islander American Indian/Alaskan Native

Number 7,542

391 212 315 37

Percent 88.8%

4.6% 2.5% 3.7% 0.4%

7

The EEO 4 workforce Report Calendar Year 2015 provides employment data as of June 30, 2016.

Procedure for Employees and Applicants to resolve allegations of discrimination

The Department has a comprehensive policy statement that speaks to civil rights programs ( ). The New York State Department of Transportation (Department) is an equal employment opportunity agency. The Department will not discriminate in employment on the basis of race, color, creed, age disability, national origin, military status, sexual orientation, marital status, arrest or conviction record, predisposing genetic characteristics, or domestic violence victim status. Every Department employee shall have the right to a non-discriminatory work atmosphere and any form of discrimination is strictly prohibited. The Department may take appropriate formal disciplinary action which can include penalties up to and including termination of employment for violation of this Policy. Every Department employee has the rights to present a claim of discrimination free from interference, coercion, restraint or reprisal. Any such retaliatory actions (written, verbal or implied) will be fully investigated and acted upon by Department management.

A Department employee or applicant for employment may file an internal complaint of discrimination. The complaint should be typed or written and employees are encouraged to file the complaint within sixty (60) days of the date the incident occurred. This will allow for the timely investigation of the complaint.

When filing a complaint, it is helpful to include the following:

The date, time and place of the incident. The names, titles, work location of person(s) alleged to have discriminated against you. Documentation that supports your allegations of discrimination. The names and work locations of any witnesses.

The Department will conduct a thorough investigation of the complaint. The employee filing the complaint is subsequently advised of the findings. In the case when the investigation reveals a finding of no discrimination, the employee is provided with the addresses and telephone numbers of outside control agencies (identified below), in the event they elect to purse their complaint of discriminations outside the Department.

Supervisors shall allow an employee such time off from his/her regular duties as may be necessary and reasonable for the processing of a claim of discrimination (including travel time) under this Procedure without loss of pay or accruals.

If any discussions must be scheduled outside regular working hours, or continue beyond regular working hours, the additional time shall not be considered earned overtime nor shall compensatory time off be granted.

The Department is not liable for any expenses incurred by the employee in connection with the processing of a claim of discrimination.

Filing a complaint of discrimination with the Department does not deprive you of your right to file a complaint with the agencies include those identified below, but are limited to:

New York State Division of Human Rights U.S. Equal Employment Opportunity Commission (EEOC) U.S. Department of Transportation U.S. Department of Justice

8

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download