DIVISION 7. - EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION POLICY
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 11-212. - Policy statement.#
(a)
The City of East Providence hereby affirms its commitment to equal opportunity and affirmative action by fostering and actively promoting equitable employment opportunities throughout its municipal and school departments. Moreover, the city affirms its commitment to the prevention and elimination of discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. The affirmative action officer, under the direct administrative supervision of the personnel director, is responsible to the mayor, in accordance with the City Ordinance, Book 5, Chapter 61, entitled: An Ordinance Adopting An Affirmative Action Plan for the City of East Providence, Rhode Island, adopted April 19, 1976, and is duly empowered with full authority and responsibility to develop and ensure compliance with laws, policies and practices established to assist the city in achieving its equal opportunity and affirmative action goals.
(b)
The city values the culture and background of all people, and recognizes that the goals of equal opportunity and affirmative action can only be achieved through committed leadership and administrative policies and practices that lead to a culture of inclusion. Thus, the implementation of this Equal Opportunity and Affirmative Action Policy is intended to enhance programs and introduce strategies that, once implemented, will bring about the positive, proactive changes necessary to the achievement of the city's equal opportunity and affirmative action goals.
(c)
In accordance with the city's affirmative action plan and the commitment affirmed through this policy, the city shall continue to promote equal opportunity and affirmative action in all areas of operation. Special emphasis shall be given to the following areas:
(1)
Ensuring that all employment practices and decisions, as well as appointments to boards and commissions, are made without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.
(2)
Disseminating the affirmative action plan and this policy to all municipal and school departments, along with a written statement by the mayor affirming the city's commitment to its affirmative action programs.
(3)
Investigating allegations of discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.
(4)
Take reasonable steps to ensure that all contractors and firms doing business with the city adhere to applicable federal and state laws, rules and regulations governing fair labor and equal employment practices during the performance of their contract.
(5)
Training municipal and school department employees on the topics of equal opportunity, harassment/sexual harassment prevention, and diversity.
(Ch. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-213. - Employment practices.#
(a)
The city will make every effort to ensure that all employment practices and decisions are made fairly and equitably. Such employment practices shall include, but not be limited to, employee recruitment, hiring, transfer, promotion, training, compensation, benefits, layoff, and termination. The affirmative action officer, in conjunction with the personnel director, and with the assistance of personnel office staff, shall oversee all employment practices to ensure they are conducted in accordance with the provisions of City Ordinance, Book 5, Chapter 61, section 11-136 through section 11-230, and subsection 11-65(e). This shall include, but not be limited to:
(1)
Reviewing and revising employment practices, personnel rules, policies and procedures, as needed, to ensure that they comply with federal and state laws, and that they are rendered fairly, appropriately, and without discrimination.
(2)
Developing and implementing best practices for recruitment that broadens outreach and increases the likelihood of attracting a more diverse applicant pool of individuals who meet the minimum requirements for job openings, especially for those job classifications and categories where there exists an underrepresentation of women and minorities. Practices shall also be developed to ensure that boards and commissions are adequately represented by women and minorities.
(3)
Developing and implementing a process for collecting and analyzing employment data, including applicant demographic data for each position filled. The data from the analysis shall be used to identify areas of underutilization of women and minorities throughout the city's workforce and to determine whether the selection process adversely impacted women or minorities. The data shall also be used for the purpose of setting hiring goals for each job classification and category where underutilization exists.
(4)
Demographic data shall also be collected and analyzed of those serving on the city's boards and commissions. At the request of the affirmative action officer, each board and commission shall submit a list of its members, along with their race, gender, and date of appointment. Every effort shall be made to appoint women and minorities to those boards and commissions where underrepresentation exists.
(b)
The affirmative action officer and personnel director shall work cooperatively in carrying out their respective responsibilities with regard to the above. Any conflict that may arise between the affirmative action officer and the personnel director in relation to their responsibilities shall be resolved by the mayor.
(Ch. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-214. - Dissemination of affirmative action plan.#
The city affirms its support for the development and implementation of the affirmative action plan. Furthermore, the city acknowledges that it is the responsibility of every municipal and school department employee, as well as those doing business with the city to adhere to the laws, policies, and procedures outlined in the affirmative action plan and to support the affirmative action officer with regard to the plan's implementation. Therefore, in addition to complying with all aspects of the City Ordinance, Book 5, Chapter 61, section 11-139, entitled "dissemination," the mayor shall disseminate the affirmative action plan, along with this policy, and a written statement to all municipal and school department directors affirming the city's commitment to its affirmative action programs. A copy of the affirmative action plan and this policy shall also be provided to any employee of the city upon request. Additionally, general contractors, subcontractors, vendors, and suppliers doing business with the city, as well as firms and businesses performing services for the city, shall receive a copy of the affirmative action plan and this policy, and the city shall require their compliance to all federal and state laws throughout the term of their contract or provision of services.
(Ord. No. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-215. - Allegations of discrimination.#
The affirmative action officer shall be responsible for the investigation of any allegation of discrimination in employment practices, provision of services, or city sponsored programs and activities, on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. Any employee, applicant for employment, service provider or recipient, or participant in city sponsored programs and activities, believing that they have been discriminated against on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability, may contact the affirmative action officer, who will promptly investigate the matter in accordance with grievance procedures outlined in the city's affirmative action plan. In addition, the following actions shall be taken: (a)
The affirmative action officer, in carrying out the responsibilities related to investigations, shall make every effort to ensure that investigations are confidential and supported by factual information and impartial judgment.
(b)
Whenever necessary, all officers, employees, and service providers of the city shall furnish the affirmative action officer with any information and records within their custody that may, in the opinion of the affirmative action officer, be deemed necessary to any inquiry or investigation involving an allegation of discrimination and/or retaliation, except as prohibited by law.
(c)
In the event that an officer or employee fails to provide such information or records, or the personnel director disagrees with the necessity of such information and/or otherwise impedes the progress of any inquiry or investigation, the affirmative action officer may call upon the mayor to resolve the situation in an appropriate manner.
(d)
The findings of any investigation conducted by the affirmative action officer shall be reported to the mayor and the personnel hearing board, who shall promptly resolve the matter.
(Ch. 561, § I, 8-21-12; Ch. 877, § I, 6-6-23)
Sec. 11-216. - Construction project nondiscrimination compliance.#
The city values the services provided by contractors and firms. It is expected, however, that any prime contractor, subcontractor, or firm doing business or awarded a contract with the city, takes appropriate action in assuring the city that there will be equal employment opportunity during the performance of their contract. In accordance with City Ordinance, Book 5, Chapter 61, section 11-196, entitled "measures to ensure nondiscriminatory hiring practices," the city will ensure that all practices and procedures outlined in the ordinance are followed and that the affirmative action officer is provided the support and personnel office staff assistance needed to comply with requirements under this section.
(Ch. 561, § I, 8-21-12)
Sec. 11-217. - Training.#
(a)
The city affirms the importance of administering training programs designed to give municipal and school department employees an overview of equal opportunity laws and policies which cover discrimination and harassment/sexual harassment prevention. The city also acknowledges that diversity training designed to sensitize municipal and school department employees to attitudes, behaviors, and systemic practices that create barriers and hinder progress toward the achievement of equal opportunity and diversity, is needed.
(b)
The affirmative action officer shall design and facilitate a training orientation program on the topics of equal opportunity, harassment/sexual harassment, and diversity. Such training shall be mandatory for all directors, managers, supervisors, and employees within one year of the effective date of this policy, and thereafter mandatory for all new employees within one year of their date of hire. Additional training on related topics may be included on an as-needed basis.
(Ch. 561, § I, 8-21-12)
Sec. 11-218. - Applicability.#
This policy and its implementation affirm the city's commitment to equal opportunity and affirmative action. All municipal and school department directors, managers, and supervisors are expected to work cooperatively with the affirmative action officer in monitoring and ensuring compliance with this policy, as well as the laws, policies, and procedures outlined in the city's affirmative action plan.
(Ch. 561, § I, 8-21-12)