New York State Department of Transportation



New York State

Department of Transportation

Equal Employment Opportunity Program Plan

Paul A. Karas Andrew M. Cuomo

Acting Commissioner Governor

Table of Contents

Civil Rights Policy Statement 3

Affirmative Action Responsibilities and Authorities 3

Affirmative Action Functions and Monitoring/Measuring System 5

▪ Job Structuring and Upward Mobility 5

▪ Promotions 6

▪ Recruitment and Placement 6

▪ Training 7

▪ Layoff, Recall, Discharge, Demotion, and

Disciplinary Action 7

Procedure for Employees and Applicants to Resolve Allegations of Discrimination 8

PART I

Civil Rights Policy Statement

Manual of Administrative Procedure (M.A.P.) 1.1-4, outlines the Department’s comprehensive Civil Rights policy statement. The policy statement is available to all Department employees on the Intradot and physically posted throughout the Department. (Click link to view MAP 1.1.-4)

PART II

Internal Affirmative Action Responsibilities and Authorities

The Commissioner of Transportation has directed the Assistant Commissioner of the Administrative Services Division to exercise the powers and duties of the Department’s Affirmative Action Officer (AAO), including delegating the responsibilities of that position, as defined in 23 CFR 230C of Federal regulations. The Assistant Commissioner, Administrative Services Division has delegated the powers and duties of the AAO listed below to the Director of the Diversity Management Bureau (DMB). Accordingly, it is the responsibility of the AAO to develop the Equal Employment Opportunity (EEO) program and implement the Affirmative Action Plan.

Responsibilities of the Affirmative Action Officer

The Affirmative Action Officer’s responsibilities include, but are not limited to, the following:

▪ Maintain, update and publicize the Department’s Affirmative Action Plan 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.

▪ Report monthly to Executive Management on efforts towards reaching parity in the workforce.

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

▪ Coordinate reasonable accommodations for Department employees and job applicants under the Americans with Disabilities Act of 1990, as amended.

▪ Administer the Department’s Internal Discrimination Complaint Resolution Process including 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.

▪ Review procedures and plans covering layoffs, retirements, terminations, demotions and disciplinary actions of Department employees to ensure they are handled in a non-discriminatory manner.

▪ Disseminate and publicize the Equal Employment Opportunity and Affirmative Action Plan:

o Publicize the Plan through Department communications, including the Department’s Intradot.

o 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.

▪ Collaborate with the Personnel Bureau, Employee Relations Bureau, Workforce Learning and Development Bureau and the Regional Administrative Services Directors in the development of the Equal Employment Opportunity Program and implementation of the Affirmative Action Plan.

▪ Coordinate the Department’s Student Internship Program.

Managers and Supervisors Equal Employment Opportunity/Affirmative Action Responsibilities

The Department’s management and supervisory personnel are responsible for implementing the Equal Employment Opportunity/Affirmative Action Plan and addressing underutilization.

PART III

Affirmative Action Data

Statistical data is maintained on all job categories by race, and gender to determine the composition of the workforce. The data is utilized to complete annual Federal and State reporting requirements, respond to audits, and generally enable the Commissioner and other Department managers and staff to assess the progress of the equal opportunity program.

Further, the Personnel Bureau maintains records on all appointments, promotions, and layoffs. The Learning Management System allows the Department to facilitate tracking of all courses completed by Department employees.

PART IV

Monitoring and Measuring Systems

The Department reviews its employment system to identify barriers to equal employment and advancement opportunities and initiate remedial actions. The Department is a State agency governed by the New York State Department of Civil Service requirements to appoint and promote “according to merit and fitness” and support the State’s policy of performing “equal pay for equal work”. The Department complies with the State’s regulations concerning a merit personnel system; appropriately making appointments and having a system for processing grievances and appeals.

Workforce data is reviewed to measure progress toward parity. The Department assembles statistics on 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. 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 with diverse population.

▪ Review applicant flow and selection process to ensure selections are based on non-discriminatory reasons.

▪ Participate in examination “scope” conferences 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.

▪ Identify barriers to workforce parity and develop remedies and strategies to mitigate.

The Department’s State Internal EEO Program is administered by the Department’s Affirmative Action Officer (AAO). The AAO develops and implements the Department’s Internal Equal Employment Opportunity Program including the overall analysis of workforce data and monitors progress toward workforce parity.

Job Structuring and Upward Mobility

The AAO and Personnel Bureau, along with Civil Service and Governor’s Office of Employee Relations (GOER):

▪ Assist managers and supervisors to publicize job opportunities and information on upward mobility programs in their units and throughout organizations in the Department, and on the State Jobs NY website maintained by the Governor’s Office of Employee Relations.

▪ Periodically review and update the Department’s Personnel Classification Plan to correct inaccurate job specifications, duties, job descriptions, and to ensure positions are appropriately allocated. Reviewers ensure that job qualifications and duties are job related.

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 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.

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

• Monitor and review promotion actions, to ensure that procedures and practices support EEO objectives.

• 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.

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, gender, creed, disability, sexual orientation, national origin, age, marital status, predisposing genetic characteristics, domestic violence victim status and/or military 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 Diversity Management Bureau (DMB) will play an integral role in the recruitment of diverse candidates for titles in which the Department has not achieved adequate workforce diversity. The DMB will ensure that recruitment of prospective employees is conducted in a nondiscriminatory manner. The Department’s recruitment efforts support and supplement the efforts of the State Department of Civil Service which announces examinations and job opportunities to all New York State Department of Labor offices. The Department also operates a toll-free number (877-DOT-JOB 1) to facilitate access of information to employment opportunities and application procedures. Recruitment and placement efforts include, but are not limited to:

▪ Maintain contact with educational institutions, professional societies, and other organizations that represent minority groups, women, and other candidates for technical, professional and management level positions;

▪ Ensure recruitment literature is relevant to all applicants, including minority groups and women;

▪ Cooperate 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). Review of all minimum qualifications for all positions, as well as review and update examination content, ensure job relatedness of requirements; and,

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

Training

The AAO, in collaboration with the Workforce Learning and Development Bureau will ensure that:

▪ All employees are advised of training opportunities and offered on an equitable basis;

▪ Provide supervisory training which includes Equal Employment Opportunity and Affirmative Action information;

▪ Coordinate Sexual Harassment in the Workplace; Equal Employment Opportunity Rights and Responsibilities; and Reasonable Accommodation Training for employees; managers and supervisors; and,

▪ Interpreter services are available for hearing impaired employees who attend NYSDOT sponsored/supported training programs.

Layoff, Recall, Discharge, Demotion, and Disciplinary Action

Layoff

In 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 are maintained in accordance with direction from the New York State Department of Civil Service. Records of discharge, demotion and disciplinary actions are also maintained.

Recall

Recall is 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 Affirmative Action Officer or designee shall review such actions, to determine if such represents a breakdown in the Equal Employment Opportunity program and, therefore, calls for remedial action.

PART V

Procedure for Employees and Applicants to Resolve Allegations of Discrimination

The Department has a discrimination complaint resolution process which is summarized and maintained through a combination of Department Procedures, item (M.A.P. 4.9-2) and annual bulletin: Internal Human Rights Complaint Procedure (link to view MAP 4.9-2). Any employee, who believes that they are the victim of any form of discrimination or harassment or has observed someone else being victimized, has the right and obligation to report such incidents to management or the Diversity Management Bureau. Supervisors must report any harassment that they observe or know of, even if no one is objecting to the harassment. The Diversity Management Bureau staff will investigate the allegations and recommend appropriate action to correct any discrimination or harassment identified. Information on this process is available to employees through orientation, annual bulletins and training, posters, Intradot and the procedure itself.

Any punitive action taken as a result of employees filing discrimination complaints will be fully investigated and acted upon by the Department.

A Department employee or applicant for employment may file an internal complaint of discrimination. 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.

Filing a complaint of discrimination with the Department does not deprive you or your rights to file a complaint with the agencies 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

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