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HomeMy WebLinkAboutAFFIRMATIVE ACTION PLAN FOR VETERANS AND INDIVIDUALS WITH DISABILITIES EEO OFFICE JANUANRY 1 2008- DECEMBER 31, 2008 _~..,,' ,_ L;. ._." . "'. ,.'.~ -,. 'J."......-.. -:';.,..,+'" . AFFIRMA TIVE ACTION PLAN FOR VETERANS AND INDIVIDUALS WITH DISABILITIES Equal Employment Opportunity (EEO) Office Augusta-Richmond County Government January 1,2008 - December 31, 2008 , The Mayor, the Augusta Richmond County Commission and the City Administrator Diana Darris, MJPS EEO Coordinator Designated Affirmative Action Plan Manager TABLE OF CONTENTS Preface................................................................................................................. .3 I Statement of Policy. .................. .1..................................................... ~..................... .....4 I Definitions..............................!......................................................................... ......5 I Responsibility for Implementation.. J.. ... ............... ...... ....... ........... ........... .......... ... ......... ..7 I I Request for Self-Identification....... ~........................................................................... ....8 I Review of Personnel Processes. . . . . . ! . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . .. . .... . .9 Review of Physical and Mental Job Requirements..................................................... .... .......11 Reasonable Accommodations....................................................................... ............. ...12 Compensation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ... . . . . . . . . . . . ...14 I Outreach, Positive Recruitment, andlExternal Dissemination of Policy. ...... ....... ......... ... .......... ...15 I Internal Dissemination of Policy. ..... . . ..... . .. . .. . . . . .. . .. . .. . .. . .. ... . .. . .. . .. . . . ... . . . . .. . .. . .. . ........ .. .. . . ..17 I I Development and Execution of AAPs. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . ... . .18 Internal Review Procedure....... ................ ...... ...... ... ... ............... ... ......... ...... ............. ....19 Monitoring and Reporting Systems..... ............... ... ... ...... ...... ... ......... ......... ...... ... .......... ..20 I Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .22 I Harassment. . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . ... . .. . . . . . ..26 Exhibits 2 PREFACE Augusta Richmond County is committed to the concept and practice of equal opportunity and affirmative action. In the preparation of this Affirmative Action Plan (AAP), Augusta-Richmond County has been guided by Section 503 of the Rehabilitation Act of 1973 (as amended) (29 V.S.C. Section 793) and its implementing OFCCP regulations (41 C.F.R. Part 60-741), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (as amended) (38 V.S.C. Sections 4211 and 4212) and its implementing OFCCP regulations (41 C.F.R. Parts 60-250 and 300). Nothing contained in this AAP or its supporting data should be construed as an admission by Augusta-Richmond County, in whole or in part, that it has contravened any federal, state, or local employment laws or regulations. In developing and implementing this AAP, Augusta Richmond County relied on its established policy of providing equal employment opportunity. Nothing herein is intended to sanction the discriminatory treatment of any person or group. This AAP has been developed in strict compliance with the Guidelines on Affirmative Action issued by the Equal Employment Opportunity Commission (EEOC) (29 C.F.R. Part 1608) and other applicable law. While Augusta-Richmond County firmly believes in wide dissemination of its affirmative action policies and equal employment opportunity practices, certain data generated in accordance with this AAP contains private data and proprietary information relating to the organization's business that is subject to protection. This AAP and its support data are to be disclosed with the following requirements: 1. Information submitted to the Office of Federal Contract Compliance Programs (OFCCP) pursuant to this AAP and applicable laws and regulations, it is to be considered confidential and not subject to public disclosure by the OFCCP without notifying Augusta-Richmond County of the agency's decision to disclose and providing Augusta-Richmond County with ample time to contest the disclosure. 2. If this information is supplied to a government contractor, EEOC representative, or any other person who is given access to the AAP, it is not to be copied, reproduced, or disclosed without prior notification to Augusta-Richmond County. 3. No information contained in the AAP is to be copied, removed from the premises, or released to other individuals without a prior notification to Augusta-Richmond County. 4. Subject to the limitations contained herein, this AAP shall be accessible for open review by Augusta- Richmond County employees and the public and shall be posted in conspicuous places at Augusta-Richmond County. All monitoring system reports as required by federal regulations and laws have been completed in preparation of creating this AAP. This AAP does not constitute an express or implied contract between Augusta-Richmond County, its 3 officers, employees or agents, nor does it change in any way the at-will employment relationship that all Augusta-Richmond County employees have with Augusta-Richmond County. Nothing in this AAP creates a private right of action on behalf of any individual or group against Augusta-Richmond County. 4 STATEMENT OF POLICY 41 C.F.R. 60-741.44(a), - 250.1, -300.44(a) It is the policy of Augusta Richmond County not to discriminate on the basis of a physical or mental disability or an individual's status as a Covered Veteran with regard to recruitment or recruitment advertising, hiring, training, promotion, and other terms and conditions of employment, provided the individual is qualified, with or without reasonable accommodations, to perform the essential functions of the job. Augusta-Richmond County does and will take affirmative action to employ, advance in employment, and otherwise treat qualified individuals with disabilities and Covered Veterans without discrimination based upon their physical or mental disability, or veterans' status, in all employment practices as follows: Employment decisions at Augusta-Richmond County are based only on job-related criteria. All personnel actions or programs that affect qualified individuals with disabilities or Covered Veterans, such as employment, upgrading, demotion or transfer, recruitment, advertising, termination, rate of pay or other forms of compensation, and selection for training, will be made without discrimination based upon the individual's physical or mental disability or veterans' status. Augusta-Richmond County makes, and will continue to make, reasonable accommodations to promote the employment of qualified individuals with disabilities and disabled veterans, unless such accommodations would impose an undue hardship on Augusta-Richmond County. The EEO Coordinator for Augusta-Richmond County, will manage Augusta Richmond County's AAP for individuals with disabilities and Covered Veterans. The AAP includes an audit and reporting system, which, among other things, measures the effectiveness of the AAP. Managers and supervisors will take an active part in Augusta-Richmond County's AAP to ensure that all qualified employees with disabilities and Covered Veterans and prospective employees are considered and treated in a non- discriminatory manner with respect to all employment decisions. Furthermore, Augusta Richmond County will solicit the cooperation and support of employees for Augusta-Richmond County's policy and AAP. The EEO Coordinator has been assigned responsibility for periodically reviewing progress in the compliance and implementation of the policy of affirmative action for individuals with disabilities and Covered Veterans. The EEO Coordinator's identity should appear on all internal and external communications regarding Augusta-Richmond County's affirmative action program. In accordance with public law, Augusta-Richmond County's plan of affirmative action for individuals with disabilities and Covered Veterans is available for inspection in the Human Resources Department during regular business hours upon request. In addition, employees and applicants will not be subjected to unlawful harassment, intimidation, threats, coercion, or discrimination because they have engaged in, or may have engaged in, legally protected activities which could include filing a complaint, assisting or participating in an investigation, compliance review or hearing, or opposing any act or practice made unlawful, or exercising any other right protected by Section 503 of the Rehabilitation Act of 1973, as amended or the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. 5 DEFINITIONS "SPECIAL DISABLED VETERAN" means a veteran ofthe V.S. military, ground, naval or air service who is entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of V eterans Affairs for disability rated at 30 percent or more, or rated at 10 to 20 percent in the case of a veteran determined under 38 V.S.C. 3106 to have a serious employment handicap, or a person whose discharge or release from active duty was for a service-connected disability. "DISABLED VETERAN" is (1) A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) A person who was discharged or released from active duty because of a service-connected disability. "QUALIFIED DISABLED VETERAN" means a special disabled veteran or disabled veteran as defined above who satisfies the requisite skill, experience, education, and other job-related requirements of a particular job and is capable of performing the essential functions with or without reasonable accommodations made for his or her disability . "VETERAN OF THE VIETNAM ERA" means a person who (i) served on active duty in the U.S. military, ground, naval or air service for a period of more than 180 days, in the republic of Vietnam between February 28, 1961 and May 7, 1975, and was discharged or released there from with other than a dishonorable discharge, or (ii) served on active duty in the U.S. military, ground, naval, or air service for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released there from with other than a dishonorable discharge, or (iii) was discharged or released from active duty in the U.S. military, ground, naval or air service for a service-connected disability if any part of such active duty was performed in the Republic of Vietnam between February 28, 1961 and May 7, 1975, or in another place between August 5, 1964 and May 7, 1975. "ARMED FORCES SERVICE MEDAL VETERAN" is any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. "OTHER PROTECTED VETERAN" means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense. "RECENTLY SEP ARA TED VETERAN - ONE YEAR" means any veteran during the one-year period beginning on the date of the veteran's discharge or release from active duty. "RECENTLY SEPARATED VETERAN - THREE YEARS" means any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or aIr servIce. "COVERED VETERANS" means special disabled veterans, disabled veterans, veterans of the Vietnam Era, Armed Forces service medal veterans, other protected veterans, recently separated veterans-one year, and recently separated veterans-three years. "INDIVIDUAL WITH A DISABILITY" means a person who, generally, (i) has a physical or mental impairment 6 that substantially limits one or more of his or her major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment. For the purposes of this Plan, an individual with a disability is "substantially limited" ifhe or she is unable to perform a major life activity that the average person in the general population can perform, or is significantly restricted as to the condition, manner, or duration under which a person can perform a particular major life activity as compared to the condition, manner, or duration under which the average person could perform that same activity. "A QUALIFIED INDIVIDUAL WITH A DISABILITY" means an individual with a disability as defined above who meets the requisite skill, experience, education, and other job-related requirements for a particular job and is capable of performing that job, with or without reasonable accommodation for his or her disability. 7 RESPONSIBILITY FOR IMPLEMENTATION 41 C.F.R. 60-741.44(i), 41 C.F.R. 60-250.44(i), -300.44(i) Affirmative action for individuals with disabilities and Covered Veterans is the responsibility of every employee at Augusta Richmond County. Augusta-Richmond County's EEO Coordinator is responsible for the implementation and monitoring ofthis AAP at Augusta-Richmond County. The EEO Coordinator has the support and staff to manage the implementation ofthis Plan. In carrying out this responsibility, the EEO Coordinator and designated staffwill: o Develop AAP policy statements, and internal and external modes of communication, o Coordinate with officers, managers, supervisors, and employees to ensure that Augusta- Richmond County's AAP is followed; o Encourage supervisors to demonstrate a commitment to affirmative action efforts and results, as well as working to prevent harassment of employees placed through affirmative action efforts; o Identify, in conjunction with Department Directors and other management, known employees with disabilities and Covered Veterans and coordinate solutions in implementing this AAP, including possible modes of accommodation; o Design and implement internal audit and reporting systems that measure the effectiveness of this AAP, indentify the need for remedial action, determine the degree to which Augusta-Richmond County's AAP objectives have been attained, ensure that, from an implementation perspective, Augusta-Richmond County is in compliance with applicable laws and regulations relating to this AAp.1 , o Serve as liaison between Augusta-Richmond County and enforcement agencies, and between Augusta-Richmond County and organizations of and for persons with disabilities,2 and encourage active involvement by Augusta-Richmond County representatives in the community service programs of local organizations of and for individuals with disabilities and Covered Veterans; o Keep officers and employees of Augusta-Richmond County informed of the latest AAP developments; o In conjunction with Human Resources and Department Directors, arrange for career counseling for known employees with disabilities and Covered Veterans, where appropriate. 1 Nothing in this section is intended to preclude Augusta-Richmond County from obtaining legal advice and representation related to any aspect of this AAP. 2 In the event of any conflict or legal dispute arising out of or relating to this AAP, nothing in this section is intended to preclude Augusta-Richmond County's legal representatives from communicating with enforcement agencies or any person or organization challenging any aspect of this AAP. 8 REQUEST FOR SELF-IDENTIFICATION 41 c.F.R. 60-741.42, 41 C.F.R. 60-250.42, -300.42 Following an offer of employment but prior to an individual beginning other employment duties, Augusta Richmond County invites job applicants, who are individuals with disabilities or Covered Veterans and believe themselves covered by the Rehabilitation Act of 1973, as amended, or the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, to identify themselves in order to receive the benefits ofthis AAP (see Exhibit A). If an individual identifies himself or herself as an individual with a disability or a disabled veteran, Augusta-Richmond County seeks the advice of the individual concerning any necessary accommodations to allow the individual to perform his/her job. 9 REVIEW OF PERSONNEL PROCESSES 41 C.F.R. 60-741.44(b), 41 C.F.R. 60-250.44(b), -300.44(b) Augusta Richmond County is committed to reviewing its personnel procedures to ensure the careful, thorough, and systematic consideration of individuals with disabilities or Covered Veterans for job vacancies, promotions, and/or educational or training opportunities and to assure that the personnel processes facilitates the implementation of Augusta-Richmond County's affirmative action obligations. Augusta-Richmond County job vacancies are advertised as open to any interested person meeting the job requirements and applications are accepted from any interested person meeting the job requirements. Augusta Richmond County's employment application includes a full non-discrimination statement to further assure applicants of Augusta-Richmond County's policy of equal employment. All non- executive positions that Augusta-Richmond County does not expect to fill from within will be referred to the State Department of Employment and Training, as well as other recruiting sources. Except as otherwise indicated herein, the disability or veteran status of any otherwise qualified individual who applies for any job vacancy, promotion, transfer, or training opportunity will not be a factor in these employment decisions. Augusta-Richmond County periodically reviews the physical and mental job qualifications to ensure that they do not tend to screen out individuals with disabilities or Covered Veterans for reasons that are not job-related or consistent with business necessity, nor consistent with the safe performance of the essential functions of the job. Thus, subject to these limitations, individuals with disabilities and Covered Veterans who meet job qualifications will be considered on an equal basis with all other applicants. Moreover, Augusta-Richmond County considers military experience only to the extent that it increases the veteran's qualification for the job. Finally, Augusta-Richmond County ensures that its personnel processes do not impermissibly stereotype individuals with disabilities or Covered Veterans. Consistent with the applicable laws and regulations, Augusta-Richmond County has instituted the following procedures to further assure the careful, thorough, and systematic consideration of the job qualifications of employees or job applicants, who are known individuals with disabilities or Covered Veterans for job vacancies, promotions, and/or educational or training opportunities and to assure that its personnel practices facilitate the implementation of Augusta-Richmond County's affirmative action obligations: 1. To the extent that individuals covered under this AAP apply for positions within Augusta- Richmond County and disclose their disabilities and/or veterans status, their personnel forms will be annotated to identify each vacancy for which they were considered. 2. The personnel records of each known covered individual will include (i) the identification of each promotion for which the person was considered, and (ii) the identification of each training program for which the person was considered. 3. In each case where a covered individual is rejected for employment, training, or promotion, a statement of the reasons will be appended to the file. This statement will include a comparison of the qualifications of the covered individual and the person(s) selected. 10 4. Where applicants or employees are selected for hire, promotion, or training and Augusta- Richmond County undertakes any accommodation which makes it possible to place a person covered under this AAP in the job, Augusta-Richmond County will keep a record of the accommodation in a confidential medical file. Subject to the limitations under law, this information will be available for review by government officials and Augusta-Richmond County's personnel officials for use in investigations and compliance activities. 11 REVIEW OF PHYSICAL AND MENTAL JOB REQUIREMENTS 41 C.F.R. 60-741.44(c), 41 C.F.R. 60-250.44(c), -300.44(c) Augusta Richmond County reviews physical and mental job qualification requirements as job qualification requirements are established or revised to ensure that qualification requirements do not screen out qualified individuals with disabilities or qualified disabled veterans for reasons that are not job-related, consistent with business necessity and the safe performance of the essential functions of the job. To the extent that any physical or mental job qualification measurements tend to screen out qualified individuals with disabilities or qualified disabled veterans in the selection of employees or applicants for employment, promotion or training, Augusta Richmond County will take the necessary steps to ensure that the requirements are related to the specific job(s) for which the individual is being considered and are consistent with business necessity and the safe performance ofthe job. 12 ACCOMMODATIONS 41 C.F.R. 60-741.44(d), 41 C.F.R. 60-250.44(d), -300.44(d) Augusta Richmond County has made and will continue to make reasonable accommodations, which do not impose undue hardships on it, to accommodate the known physical and mental limitations of otherwise qualified employees and job applicants. Included among the specific accommodations for individuals with disabilities and disabled veterans that have been implemented are the following: 1. Short- and long-term disability programs that provide pay for eligible employees absent due to disability. 2. A personal leave policy that enables eligible employees to accumulate paid time off to be used for medical appointments, personal illness, or other disability related reasons. 3. A medical leave of absence is available to an employee who provides medical documentation of disability. 4. Should reasonable accommodations be necessary to facilitate access to work areas by employees or applicants who are qualified individuals with disabilities or qualified disabled veterans, Augusta-Richmond County will take any reasonable steps to provide such accommodations. 5. If necessary to accommodate a disability, Augusta-Richmond County will redesign jobs to eliminate nonessential functions unless the redesign creates an undue hardship. 6. For employees covered under this AAP, Augusta-Richmond County will arrange suitable work hours for employees returning from sick leave, approved medical leave of absence, and long- term disability, where such scheduling accommodations are reasonable. 7. For employees covered under this AAP, Augusta-Richmond County will accommodate employees with disabilities by allowing a reasonable amount of time off for physicians' visits. 8. Special parking for individuals with disabilities or disabled veterans is available at Augusta Richmond County. If an individual has a disability or is a disabled veteran, he or she is encouraged to tell us about (i) any special methods, skills, and procedures which qualify him or her for positions which he or she might not otherwise be able to do so that he or she will be considered for any position ofthat kind, and (ii) the accommodations which would enable him or her to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties related to the job, provision of personal assistance services, or other accommodations. These individuals may contact the Human Resources Department or the EEO Office. Where an employee who is known to be an individual with a disability or a disabled veteran is having 13 significant difficulty performing his/her job and Augusta-Richmond County reasonably concludes that the performance issues may be related to the known disability, Augusta-Richmond County will notify the employee of the performance problem and confidentially inquire whether the problem is related to the employee's disability. If the employee indicates that his/her disability is impacting his/her performance, Augusta-Richmond County will engage in confidential discussions with the employee regarding reasonable accommodations to improve performance. 14 COMPENSATION 41 c.F.R. 60-741.21(i), 41 C.F.R. 60-250.21(i), -300.21(i) In offering employment or promotions, Augusta Richmond County does not reduce the amount of compensation offered to individuals with disabilities or Covered Veterans because of any disability income, pension, or other benefit that the employee receives from another source. 15 OUTREACH, POSITIVE RECRUITMENT AND EXTERNAL DISSEMINATION OF POLICY 41 C.F.R. 60-741.44(f), 41 C.F.R. 60-250.44(f), -300.44(f) Augusta Richmond County has reviewed its employment practices to determine whether personnel programs provide the required affirmative action for employment and advancement of qualified individuals with disabilities and qualified Covered Veterans. While Augusta-Richmond County believes that there are no deficiencies in its current employment practices with respect to these employees, it has planned the following outreach, positive recruitment, and external dissemination programs to augment its existing affirmative efforts: 1. Commissioners, management officials, supervisors, and other employees of Augusta-Richmond County will be encouraged to assist in the effort to disseminate Augusta Richmond County's policy of affirmative action to individuals who are not employees of Augusta-Richmond County. 2. Augusta-Richmond County will inform recruiting sources of Augusta Richmond County's policy of affirmative action for individuals with disabilities and Covered Veterans. Recruiting sources will be requested to actively recruit and refer qualified individuals with disabilities and qualified Covered Veterans for all positions. 3. Augusta Richmond County will enlist the assistance and support of local recruiting sources, social service agencies, and organizations especially knowledgeable about the availability of individuals with disabilities and Covered Veterans. These sources will be informed of Augusta-Richmond County's AAP and will be requested to refer qualified individuals with disabilities and qualified Covered Veterans for employment consideration, including those not currently in the workforce who have requisite skills. 4. Augusta Richmond County will incorporate the affirmative action clause for individuals with disabilities in purchase orders, leases, and contracts made by Augusta-Richmond County which are covered by the Rehabilitation Act of 1973, as amended, and its implementing regulations. The affirmative action clause for Covered Veterans will be incorporated in purchase orders, leases, and contracts made by Augusta-Richmond County that are covered by the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and its implementing regulations. 5. Augusta Richmond County will notify local organizations, community agencies, secondary schools, and colleges known to specialize in assisting individuals with disabilities and Covered Veterans about this AAP and request their advice, assistance, and referrals of potential employees, including those who are not currently in the work-force but who have requisite skills. 6. Augusta Richmond County will make an effort to include disabled individuals and/or Covered Veterans when employees are pictured in consumer and personnel recruitment advertising. 7. Augusta Richmond County will make reasonable accommodations for qualified individuals with 16 disabilities and qualified disabled veterans. 8. Augusta Richmond County will take positive steps to attract qualified individuals with disabilities and Covered Veterans not currently in the work-force who have requisite skills and can be recruited through affirmative action measures. 9. Augusta Richmond County will review the employment records of its known employees with disabilities or Covered Veterans to determine the availability of promotable, qualified individuals with disabilities, and to determine whether present and potential skills are being fully utilized or developed. 10. For all contractors, subcontractors, vendors, and suppliers requesting appropriate action on their part, Augusta-Richmond County will notify them, in writing, of this AAP. 11. When Augusta Richmond County advertises in newspapers for prospective employees, the advertisement will include the EEO solicitation statements such as "Equal Opportunity Employer M/F/DN" or a relevant abbreviation. 17 INTERNAL DISSEMINATION OF POLICY 41 C.F.R. 60-741.44(g), 41 c.F.R. 60-250.44(g), -300.44(g) Augusta-Richmond County recognizes that, however strong its outreach program, internal support from supervisory management and other employees is necessary to ensure maximum effectiveness of its AAP for individuals with disabilities and Covered Veterans so that employees awareness of the needs of individuals with disabilities and Covered Veterans can be increased. Accordingly, Augusta-Richmond County will utilize the following procedures to maximize the internal implementation and dissemination of its policy: 1. Augusta Richmond County will invite employees who are individuals with disabilities or Covered Veterans to participate in the AAP. 2. Augusta-Richmond County will communicate to employees its obligation to take affirmative action to employ qualified individuals with disabilities and qualified Covered Veterans and will encourage employee referral of covered applicants. 3. Augusta Richmond County's policy on affirmative action for veterans and individuals with disabilities is posted on Augusta-Richmond County bulletin boards. The posting includes a statement that employees and applicants are protected from unlawful coercion, intimidation, and interference or discrimination for filing a complaint or assisting in an investigation under the Rehabilitation Act of 1973, as amended, or the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. 4. Meetings with Department Directors and supervisory personnel will be conducted at least annually to review Augusta-Richmond County's policy of affirmative action and to impart to these personnel their role in making the AAP a success. 5. Meetings with all employees of Augusta-Richmond County will be conducted by Department Directors to inform the employees of Augusta Richmond County's policy of affirmative action and to explain the employees' responsibility to comply with the policy. 6. An invitation to participate in Augusta Richmond County's policy of affirmative action will be disseminated to each applicant following the time that Augusta-Richmond County has extended a job offer, but prior to the applicant's first day of employment. 7. For any Augusta-Richmond County sites subject to a collective bargaining agreement, union officials will be notified of this AAP. 18 DEVELOPMENT AND EXECUTION OF AFFIRMATIVE ACTION PROGRAMS In addition to the affirmative action programs previously mentioned, Augusta-Richmond County is developing and executing the following programs: 1. Augusta-Richmond County will continue to review all physical or mental job qualifications. 2. Augusta-Richmond County will continue to review and evaluate its entire personnel selection process, including training and promotion, to ascertain whether the process permits the stereotyping of individuals with disabilities or Covered Veterans in a manner that limits their access to jobs for which they are qualified. 3. All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes will be trained on affirmative action for individuals with disabilities and Covered Veterans. 4. If Augusta Richmond County holds briefing sessions for recruitment sources, representatives from agencies who specialize in individuals with disabilities and Covered Veterans will be included. Formal arrangements will be made for the referral of job applicants, for follow-up, and for feedback on the disposition of applicants referred. 5. Arrangements will be made to provide opportunities for employees with disabilities and Covered Veterans to discuss any performance problems with their supervisors, and any need for accommodation with their supervisors or the Human Resources Department. 6. To the extent that Augusta Richmond County makes employees available for participation in community activities, employees who are individuals with disabilities or Covered Veterans will be among those who are encouraged to participate. 7. To the extent that Augusta Richmond County conducts recruiting efforts at various schools, special efforts will be made to reach students with disabilities and Covered Veterans. 19 INTERNAL REVIEW PROCEDURE Augusta-Richmond County has developed an internal review procedure whereby individuals with disabilities and Covered Veteran employees can raise any issues or claims that may arise during the course of their employment. General communications procedures encourage any and all employees, including those with disabilities or who are Covered Veterans, to discuss such issues or claims. All matters brought to the attention ofthe Human Resources Department or EEO Office will be confidentially addressed. 20 MONITORING AND REPORTING SYSTEMS 41 C.F.R. 60-741.44(h), 41 C.F.R. 60-250.44(h). 300.44(h) It is the responsibility of Augusta-Richmond County's EEO Office, in conjunction with the Augusta Law Department, to monitor all employment and personnel practices to ensure compliance with applicable laws and regulations and adherence to Augusta-Richmond County's Statement of Policy, to report specific problems to the appropriate management personnel, and to measure the effectiveness of Augusta Richmond County's AAP. Augusta-Richmond County's audit and reporting system is designed to: o Measure the effectiveness ofthe AAP; o Identify any need for remedial action; o Determine the degree to which Augusta-Richmond County's objectives are being attained; o Determine whether individuals with known disabilities or Covered Veterans have had the full opportunity to participate in all Augusta-Richmond County sponsored educational, training, recreational and social activities; o Measure Augusta-Richmond County's compliance with the AAP's specific obligations. To ensure that the audit system is effective, all records concerning applicants who are individuals with disabilities or Covered Veterans will be maintained for two years, and all personnel actions involving these employees will be individually maintained as a part of their personnel files. Special reports summarizing affirmative action efforts to assist covered employees, descriptions of any formal complaints, etc. will be provided to the Augusta-Richmond County Commission and Department Directors at least annually. This AAP will be updated annually and will include a summary ofthe previous year's actions and programs. 21 HARASSMENT 41 C.F.R. 60-741.44(e), 41 C.F.R. 60-250.44(e), -300.44(e) Augusta Richmond County has developed and implemented procedures to ensure that employees who are individuals with disabilities or Covered Veterans are not harassed because of their disability or veteran status. A copy of Augusta-Richmond County's Equal Employment Opportunity Policy forbidding harassment against individuals based on protected characteristics is included in the Exhibits section. 22 TRAINING 41 C.F.R. 60-741.44(j), 41 C.F.R. 60-250.44(j), -300.44(j) Augusta-Richmond County trains all personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes to ensure that the commitments in Augusta-Richmond County's AAP are implemented. 23 LISTING OF EXHIBITS Exhibit A - Post-Offer/Pre-Employment Invitation for Individuals with Disabilities and Covered Veterans Exhibit B - Harassment Policy 24 EXHIBIT A AFFIRMATIVE ACTION PROGRAM WORKERS WIlli DISABILITIES, SPECIAL DISABLED VETERANS, DISABLED VETERANS, VIETNAM ERA VETERANS, ARMED FORCES SERVICE MEDAL VETERANS, OTHER PROTECTED VETERANS, AND ONE- OR TIIREE- YEAR RECENTLY SEP ARA TED VETERANS As a government contractor, Augusta Richmond County is subject to the Rehabilitation Act of 1973 (Section 503), and Section 402 ofthe Vietnam Era Veterans Readjustment Act of 1974 (VEVRAA) as amended by the 2002 Jobs for Veterans Act, which require government contractors to take affIrmative action to employ and advance in employment, qualifIed persons with disabilities, qualifIed Vietnam veterans, and other qualifIed eligible veterans covered by VEVRAA as defIned below. If you are a qualifIed person with a disability or a veteran covered by VEVRAA, Augusta-Richmond County invites you to participate in our affIrmative action program. If you would like to be included under the affIrmative action program, please notify Augusta-Richmond County. You may inform Augusta- Richmond County of your desire to benefIt under this program at this time and/or at any time in the future. Augusta Richmond County's affIrmative action program describes Augusta-Richmond County's commitment to undertaking affirmative action to recruit, place and advance in employment covered veterans and qualifIed individuals with disabilities. The affIrmative action program is available to all employees for review during regular business hours. Submission of this information is voluntary and your decision not to provide it will not affect the consideration you are being given for employment nor will participation subject you to any adverse treatment. The information you provide will be kept confIdential as far as practicable and in accordance with the law, and will be used to assist in providing reasonable accommodation and for statistical reporting as required by government agencies. In particular, the following may have access to the information you provide: (i) supervisors and managers may be informed regarding restrictions on the work or duties of disabled persons, and regarding necessary accommodations, (ii) fIrst aid and safety personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment, and (iii) Government offIcials engaged in enforcing the Americans with Disabilities Act or laws administered by the OffIce of Federal Contract Compliance Programs, may be informed. The information shall not be used in a manner inconsistent with VEVRAA or Section 503. If you are disabled, it would assist us if you tell us about: (i) Any special methods, skills, and procedures which qualify you for positions that you might not otherwise be able to do because of your disability, so that you will be considered for any positions ofthat kind. (ii) Any accommodations which we could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties relating to the job, provision of personal assistance services or other accommodations. I voluntarily identify myself as: [ ] An Individual with a Disability - An "individual with a disability" is defmed as a person who (1) has a physical or mental impairment which substantially limits one or more of his or her major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment. [ ] A Special Disabled Veteran - A "special disabled veteran" is defIned to be a veteran who is entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Veterans Administration for a disability (i) rated at 30 percent or more, (ii) rated at 10 or 20 25 percent in the case of a veteran who has been determined under section 1506 to have a serious employment disability, or (iii) a person who was discharged or released from active duty because of a service-oriented disability. [ ] A Disabled Veteran - A "disabled veteran" is (1) A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) A person who was discharged or released from active duty because of a service-connected disability. [ ] A Veteran ofthe Vietnam Era - A "veteran of the Vietnam Era" is defmed as a person who (1) served on active duty for a period of more than 180 days during the Vietnam Era and who was discharged or released therefrom with other than a dishonorable discharge, or (2) was discharged or released from active duty for a service-connected disability if any part of his or her active duty was performed during the Vietnam Era. The "Vietnam Era" is defmed as (i) any active duty occurring between August 5, 1964 and May 7, 1975 or, (ii) any active duty part of which occurred in the Republic of Vietnam between February 28, 1961, and May 7, 1975. [ ] An Armed Forces Service Medal Veteran - An "Armed Forces Service Medal veteran" is any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. [ ] An Other Protected Veteran - An "other protected veteran" is a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense. [ ] Recently Separated Veteran - One Year - A "Recently separated veteran - one year" is defmed as any veteran during the one-year period beginning on the date of the veteran's discharge or release from active duty. [ ] Recently Separated Veteran - Three Years - A "Recently separated veteran - three years" means any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service. Please provide your date of discharge or release from active duty: A complete list of qualifying military engagements is available online at http://www.opm.gov/veterans/html/vgmeda12.htm. Signature: Date: Print Name: Employee #: 26 EXHIBIT B - HARASSMENT POLICY Harassment is verbal, physical or visual conduct of a sexual, racial, ethnic or other nature which, impairs his or her ability to perform the job, or creates an offensive or hostile work environment. Harassment is contrary to basic standards of conduct between individuals. Augusta Richmond County will not condone or tolerate the harassment of its employees by their coworkers, supervisors or any individuals under our control. All employees, regardless of position or title, will be subject to severe discipline, up to and including termination of employment, should Augusta-Richmond County determine that an employee is engaged in the unlawful harassment of another employee. Augusta-Richmond County will promptly and thoroughly investigate the facts and circumstances of any claim of harassment. If you feel that you are being subjected to harassment, you should report this matter directly to your supervisor immediately, or, if you would prefer to discuss the matter with someone else, report the issue to the supervisor's superior or to another manager of Augusta-Richmond County. No one will be subject to, and Augusta-Richmond County prohibits, any form of discipline or retaliation for reporting incidents of unlawful harassment or pursuing any such claim of harassment. 27 AFFIRMA TIVE ACTION PLAN FOR MINORITIES & WOMEN Equal Employment Opportunity (EEO) Office Augusta-Richmond County Government January 1, 2008 - December 31, 2008 The Mayor, Augusta-Richmond County Commission and the City Administrator Diana Darris, M JPS EEO Coordinator Designated Affirmative Action Plan Manager Note: The data and information contained in this Affirmative Action Plan (AAP) is limited to the information located in the IFAS database of Augusta-Richmond County. TABLE OF CONTENTS Preface. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . .. . .. . .. . . . . .. . . . . .. . .. . . . . . . . .. . .. . . . . .. . . . . . . . .. . . . . .. . . . . .. . .. . . . . .. . . . . .. . .3 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . .. . . . . .. . . . . . . . . . . . . . .. . . . . . . . .. . .. . . . . . . . . . . . . . .. . . . . . . . . . . .5 Responsibility for Implementation........ ...... .......... ........... .... .............. ......... .... ......... .......6 Organizational Profile. . ..... . .. ......... .... .. . .. . .. . ... .. . .. . ..... ... ...... . ........ . .. . .. . .. ... . ..... . ... .. . .. . ... ..8 Job Group Analysis...... ........ ............ .............. ............ .... ......... ......... ............... ...........9 Availability Analysis............................................................................................. .....1 0 Comparison of Incumbency and Availability.. ............ ......... ........ ......... ....... ........ ....... ... ... .11 Placement Goals.... . .. '" . .. . .. . .. . .. . ..... . .. . .. . . . . .. ... . . . . .. . ..... . .. . .. . .. ... . .. . ... .... . . .. .... ........ ... . .. . . .12 Identification of Problem Areas.................................................................................... .13 Development and Implementation of Action Oriented Programs........................................... ...18 Internal Audit & Reporting System........ ........ ........ ..... .... ............... ........... .... ............... ...21 Conclusion. . .. . .. . .. ... . ... ..... ... . . . . .. . ..... . .. ... . .. . ... .. . .. . . . . .. ...... . .. . ... .. . ... ... .. . .. . .. . ........ . .. . .. . . .22 Exhibits 2 PREFACE The Augusta-Richmond County Government and its internal Equal Employment Opportunity (EEO) Office (also referred to as the EEO Office) are fully committed to the concept and practice of equal opportunity and affirmative action in all aspects of employment. In the preparation of this Affirmative Action Plan (AAP), the EEO Office has used the terminology found in Federal Executive Order (E.O.) 11246 and the implementing regulations as a guide. The use of such terms as "underutilization," "deficiency," "concentration," "affected class," "goal," "problem area," etc. are intended to have the same meaning as defined in E.O. 11246, unless otherwise indicated. The use of these and similar terms are not to be construed as an admission by Augusta-Richmond County, in whole or in part, that either minorities or women have been or are presently being underutilized, concentrated, or discriminated against in any way by Augusta-Richmond County in violation of federal, state, or local employment laws or regulations. Furthermore, nothing contained in this AAP or its supporting data should be construed as an admission, in whole or in part, that Augusta-Richmond County has contravened any federal, state, or local employment laws or regulations. In developing and implementing this AAP, the EEO Office has relied on its established policy of providing equal employment opportunity. Any placement goals established herein are not intended as rigid, inflexible quotas that must be met, but rather as targets reasonably attainable by applying every good faith effort in implementing this AAP. The use of placement goals in this AAP is not intended to have the effect of discriminating against any individual or group of individuals with respect to any employment opportunities for which such individual or group of individuals are qualified on the grounds that such individual or group of individuals are not the direct beneficiaries of affirmative action. Nothing herein is intended to sanction the discriminatory treatment of any person or group. Indeed, all employment decisions are to be made based on job-related criteria. This AAP has been developed in strict compliance with the Guidelines on Affirmative Action issued by the Equal Employment Opportunity Commission (EEOC) (29 C.F .R. Part 1608). While Augusta-Richmond County firmly believes in wide dissemination of its affirmative action policies and equal employment opportunity practices, certain data generated in accordance with this AAP contains private data and proprietary information relating to the organization's business that is subject to protection. This AAP and its support data are to be disclosed with the following requirements: 1. Information submitted to the Office of Federal Contract Compliance Programs (OFCCP) pursuant to (E.O.) 11246 and the implementing regulations, it is to be considered confidential and not subject to public disclosure by the OFCCP without notifying Augusta-Richmond County of the agency's decision to disclose and providing Augusta-Richmond County with ample time to contest the disclosure. 2. If this information is supplied to another government contractor, EEOC representative, or any other person who is given access to the AAP, it is not to be copied, reproduced, or disclosed without prior notification to Augusta-Richmond County. 3. Subject to the limitations contained herein, this AAP shall be accessible for open review by Augusta- Richmond County employees and the public and shall be posted in conspicuous places at Augusta-Richmond County. 3 4. All monitoring system reports as required by federal regulations and laws shall be completed and submitted to authorities as required. Reports that require specific data such as names of employees and salary information are not an official part ofthis AAP. This information is on file at Augusta-Richmond County as documentation and supporting data for AAP Reports and is available for review only as required by law. The material supporting this AAP may include personnel file data, investigatory records, statistical data and other information which may, in part, be confidential in nature according to HIPPA, the Freedom of Information Act (5 U.S.c. Section 552) and Title VII ofthe Civil Rights Act of 1964 (as amended) (42 U.S.C. Sections 2000e et seq.). The disclosure of such records is prohibited by law. The overall plan covers all departments under the jurisdiction of the Augusta-Richmond County Government including, but not limited to: the Augusta Utilities Department, the Augusta Regional Airport, the Augusta Transit Department and the Augusta Housing and Economic Development Department. Augusta-Richmond County maintains data and monitoring systems for its departments and the organization as a whole. This AAP does not constitute an express or implied contract between Augusta-Richmond County and its employees, job applicants, or other persons. Nothing in this AAP provides any individual or group with a private right of action against Augusta-Richmond County or any of its officers, employees or agents. 4 INTRODUCTION Ever committed to equal employment opportunities, the EEO Office has prepared this AAP to cover employees working within the Augusta-Richmond County organization under the specific jurisdiction of the Mayor and the Augusta-Richmond County Commission. As detailed in the Job Group Analysis, this AAP covers approximately 2,837 employees including approximately 1,357 (47.83%) minorities and 1,001 (35.28%) women. These employees help Augusta- Richmond County work toward mutual goals of profitability and efficiency, resulting in both business and personal growth. As described in detail in the Plan that follows, Augusta-Richmond County and its internal EEO Office has a continuing commitment to the practice and implemented action ofthis AAP. 5 RESPONSIBILITY FOR IMPLEMENTATION In accordance with 41 C.F.R. 60-2.17 The EEO Office has the overall responsibility for implementing the Equal Employment Opportunity Policy and the AAP. The Augusta-Richmond County Commission has assigned primary management responsibility and accountability for ensuring full compliance with the plan to the Coordinator of the internal Augusta-Richmond County EEO Office. The EEO Coordinator has the authority to coordinate with Augusta-Richmond County officers and Department Directors and obtain their support and resources as necessary to ensure implementation and compliance with this AAP. The EEO Office, the Mayor and the Commission endorse this AAP program and are authorized to provide assistance whenever it is needed to make managers and supervisors aware of the program and ensure their cooperation and assistance. The name of the EEO Coordinator should appear on internal and external communications on the organization's Equal Employment Opportunity Policy and AAP. 1. The duties of the EEO Coordinator as related to this AAP include: A. Developing policy statements, AAP methods, and internal and external communication techniques. Affirmative action policies and procedures will continue to be developed to ensure efficient implementation of this AAP. B. Assisting in the identification of problem areas, and developing strategies to eliminate any problems identified. C. Assisting line management and supervisors in devising solutions to equal employment problems, including counseling and training, to ensure full understanding of this plan and its implementation. D. Designing and implementing monitoring and reporting methods that will: . Measure the effectiveness of the organization's AAP. . Indicate any need for remedial action with regard to the AAP. . Determine the degree to which the organization's placement goals and objectives are being attained. . Provide officers and employees with a working understanding of the organization's AAP placement goals and objectives. E. Meeting with managers, supervisors, and employees to assure that the organization's AAP is being followed. F. Working in collaboration with administration to ensure that supervisors understand the importance of the AAP. Supervisors should be encouraged to demonstrated commitment to equal employment opportunity and take responsibility to prevent all types of unlawful workplace harassment. 6 G. Serving as a liaison between enforcement agencies. I H. Making contact with and serving as a liaison between appropriate minority and women's organizations, schools and colleges and community action groups concerned with employment opportunities for minorities and women. I. Keeping officers and employees informed of developments in the equal employment opportunity and affirmative action area. J. Conducting periodic internal assessments to ensure that Augusta-Richmond County complies in the following ways: 1. AAP material is properly displayed. 2~ All employees are afforded the opportunity and are encouraged to participate in all EEO Office sponsored educational and training activities in the workplace. 2. The EEO Office recognizes that the cooperation of department supervisors and managers is required to reach the full potential of this AAP. Therefore, supervisors and managers are expected to: A. Assist the EEO Coordinator in the identification of any problem areas and help to eliminate any barriers to equal employment opportunity. B. Whenever possible, become involved in local minority organizations, women's organizations, community action groups, and community service programs. c. Work with the EEO Coordinator to periodically review hiring, promotion patterns, and training programs in order to isolate impediments to the attainment of affirmative action placement goals and objectives. The results from these reviews will be communicated through appropriate means to the Human Resources Department, Department Directors and other management. D. Review the qualifications of employees to ensure that minorities and women are given full opportunity for transfers and promotions. E. In conjunction with Human Resources, provide career counseling for employees as needed. F. Adhere to the organization's policy of equal employment opportunity for all employees and ensure that the policy is understood, supported and adhered to by the employees they supervIse. G. Take action to prevent the harassment of employees based on protected characteristics or participation in this AAP. 1 In the event of any conflict or legal dispute arising out of or relating to this AAP, nothing in this section is intended to preclude Augusta-Richmond County's legal representatives from communicating with enforcement agencies or any person or organization challenging any aspect ofthis AAP. 7 ORGANIZATIONAL PROFILE In accordance with 41 C.F.R. 60-2.11 As one ofthe diagnostic components of the Augusta-Richmond County's AAP and to conform to applicable regulations, the EEO Office has completed a profile ofthe Augusta-Richmond County workforce. The organizational profile is an overview ofthe staffing patterns at Augusta-Richmond County and is used to determine whether there are areas in the workforce where minorities or women are underrepresented or concentrated. To complete our organizational profile we have elected to follow the organizational display methodology. THE ORGANIZATIONAL DISPLAY: The following chart sets forth our Organizational Display. For each Department Code, we provide the following data: the total number of male and female incumbents, and the total number of minorities. Racial/ethnic groups (as determined and defined by the Federal Government Guidelines) are: Black, Hispanic, Asian/Pacific Islander, and American Indian! Alaskan Native. 8 JOB GROUP ANALYSIS In accordance with 41 c.F.R. 60-2.12 As a second diagnostic component of our AAP, we have conducted ajob group analysis. The job group analysis is the first step in comparing the representation of minorities and women in the workforce covered by this AAP with the estimate of the available qualified minorities and women who could be employed in positions covered by this AAP. In designing these job groups, the following elements were considered: . Similarity of duties and responsibilities; . Similarity of compensation; and . Similarity of opportunities for advancement including training, transfers, promotions, mobility and other career enhancements. Although not a determinative factor in designing job groups, there was an attempt to create job groups that are large enough to conduct appropriate analysis. The following charts identify the job groups created for this AAP, the job titles that comprise each job group, the percentage of minority incumbents and the percentage of female incumbents in each job group. 9 AVAILABILITY ANALYSIS In accordance with 41 C.F.R. 60-2.14 The availability analysis is a part ofthe Incumbency vs. Estimated Availability Analysis which is the final diagnostic component of this AAP. The purpose of the availability analysis is to establish a benchmark against which the demographic composition of our organization's workforce may be compared to determine whether barriers to equal employment opportunity may exist within particular job groups. Pursuant to applicable regulations, the availability analysis for each job group examines two potential areas of availability: individuals with the requisite skills outside the establishment (external availability) and those within the establishment who are promotable, transferable and/or trainable (internal availability). In determining availability, we have selected our reasonable recruitment area and our pool of promotable, transferable, and trainable employees in such a way as not to exclude qualified minorities and women. Moreover, when determining external availability the EEO Office has used, as the source of data, the most current and discrete statistical information available. For this availability analysis, the EEO Office has used the 2000 census data. Finally, where a job group is composed of different job titles that carry different availability rates, the EEO Office calculated a composite availability figure. The EEO Office arrived at the composite availability figure by determining the proportion ofthe job group incumbents employed in each job title, weighting the availability for each job title by the proportion of incumbents employed in that title, and adding together the weighted availability estimates. A brief overview for the selection of the recruitment areas established by the EEO Office and internal pools by job group follows: EEO Office Recruitment Area Breakdown: Richmond County - 50% Atlanta GA - 20% Savannah GA - 10% Macon GA - 10% Columbus GA - 10% 10 COMPARISON OF INCUMBENCY AND AVAILABILITY In accordance with 41 c.F.R. 60-2.15 The EEO Office has compared the representation of minorities and women in each job group with their representation among those identified in the availability analysis as available for employment in the job group. Where actual representation was less than the calculated availability, the EEO Office conducted a statistical test to determine whether the difference was greater than could reasonably be expected. The comparison of availability with actual representation is reflected in the following chart. 11 PLACEMENT GOALS In accordance with 41 C.F.R. 60-2.16 As required by applicable federal regulations (41 C.F .R. 60-2.16), the EEO Office has established placement goals where the actual representation of women or minorities in ajob group is less than would be reasonably expected based on calculated availability. No set asides or quotas will be implemented or permitted. In establishing placement goals (in accordance with 41 C.F.R. 60-2.16), we applied the following principles: 1. When the percentage of minorities or women employed in a particular job group is less than would reasonably be expected given their availability percentage in that job group, the EEO Office established a percentage annual placement goal at least equal to the availability figure derived for women or minorities, as appropriate, for that job group. 2. Placement goals are permitted under Federal Law (41 C.F.R. 60-2.16). These goals are not quotas that must be met, nor are they to be considered as either a ceiling or a floor for the employment of particular groups. 3. In all employment decisions, the Augusta-Richmond County organization and all of its departments makes selections in a nondiscriminatory manner. Placement goals do not provide a justification to extend a preference to any individual, select an individual, or adversely affect an individual's employment status, on the basis of that individual's race, color, religion, sex, age, disability, veteran's status, or national origin. Placement goals are used to promote organizational diversity. 4. Placement goals do not create set-asides for specific groups, nor are they intended to achieve proportional representation or equal results. 5. Placement goals are not used to supersede merit selection principles, nor do these placement goals require Augusta-Richmond County or any of its departments to hire a person who lacks the qualifications to perform the job successfully. Placement goals do not require Augusta-Richmond County or any of its departments to hire a less-qualified person in preference to a more-qualified one. 6. The placement goals established in this AAP may reflect the permissible preference for American Indians living on or near an Indian reservation as permitted under Federal Guidelines. However, since there are no American Indian Reservations in Augusta- Georgia or Richmond County, this is not an issue which our organization anticipates encountering. As is described in more detail in the Action Oriented Program section of this AAP, where a placement goal is set (as authorized under Federal Regulation 41 C.F.R. 60-2.16), the Augusta-Richmond County HR Department and the EEO Office will develop action-oriented steps to increase the recruitment and training of minorities and/or women. 12 IDENTIFICATION OF PROBLEM AREAS BY ORGANIZATIONAL UNIT AND JOB GROUP In accordance with 41 C.F.R. 60-2.17(b) The EEO Office has conducted in-depth analyses of Augusta-Richmond County's total employment process, including the workforce by organizational unit and job group, personnel activity, compensation, and other personnel procedures to determine whether and where impediments to equal employment opportunity exist. An analysis of each of these processes follows. I. Composition of the Overall Workforce by Organizational Unit Based on Data Provided in the Augusta-Richmond County IF AS Database. The EEO Office analysis by organizational unit reveals that minorities and women are not significantly underrepresented or concentrated in any particular organizational unit. Minorities are employed at a rate of 47.83% and are represented in 85.61 % ofthe organization's departments. Further, minorities are represented in 100% ofthe departments that employ 10 or more people. Women are employed at a rate of35.28% and are represented in 87.05% of all departments, and 96.61% of all departments that employ 10 or more people. This analysis suggests that there is no overall formal policy or practice excluding minorities or women, nor is there any overall racial or sexual discrimination indicated in the selection process. 2. Composition of the Workforce by Job Group Pursuant to the Office of Federal Contract Compliance Programs' (OFCCP) regulations, the EEO Office has conducted an availability analysis by job group, taking into account both external and internal availability, and have compared incumbency to estimated availability to determine placement goals. The descriptions of Factor 1 and Factor 2 by job group are summarized in the Availability Analysis. Our findings are as follows: The EEO Ofice analysis of incumbency vs. estimated availability indicates that in some cases, incumbency is less than estimated availability; however, our more detailed analysis concludes that there is no significant problem concerning overall minority utilization. As opposed to quotas, Augusta-Richmond County will established affirmative action placement goals and programs to address underutilization, and will continue to make a good faith effort to reach the placement goals established and implement action-oriented programs, which are detailed elsewhere in this AAP. 3. Analysis of Progress Towards Yearly Placement Goals In establishing placement goals, the following principles apply: A. When the percentage of minorities or women employed in a particular job group is less than would reasonably be expected given their availability percentage in that job group, Augusta- Richmond County has established an annual percentage placement goal at least equal to the 13 availability figure derived for women or minorities, as appropriate, for that job group. B. Placement goals are not quotas that must be met, nor are they to be considered as either a ceiling or a floor for the employment of particular groups. C. In all employment decisions, Augusta-Richmond County makes selections in a nondiscriminatory manner. Placement goals do not provide a justification to extend a preference to any individual, select an individual, or adversely affect an individual's employment status, on the basis of that individual's race, color, religion, sex, age, disability, veteran status, or national origin. D. Placement goals do not create set-asides for specific groups, nor are they intended to achieve proportional representation or equal results. E. Placement goals are not used to supersede merit selection principles, nor do these placement goals require Augusta-Richmond County to hire a person who lacks qualifications to perform the job successfully or hire a less-qualified person in preference to a more-qualified one. A review of progress and goal attainment by job group reveals the following areas of significant success for minorities and women: 4. Personnel Activity The EEO Office has analyzed additional personnel activities to determine whether and where impediments to equal employment opportunity exist and whether there are significant selection disparities by race/ethnicity or gender. These activities include applicant flow, hires, promotions, terminations, and other personnel actions. A. Applicant Flow During the plan year, January 1,2008 - December 31, 2008, the Human Resources Department will post the majority of all open positions with the State Employment Service. The Human Resources Department will accept applications for open positions, and all persons interested in obtaining employment with Augusta-Richmond County were advised to apply according to our current policy. Applications and complete records will be kept by the Human Resources Department to ensure goals of equal employment opportunity are being applied to this process. Augusta-Richmond County believes that applicant flow is not and will not be a problem area. Our analysis reveals that the percentage of minority applicants compares very favorably with the general availability in the respective categories. Clearly Augusta- Richmond County's success in implementing and communicating affirmative action and outreach efforts is demonstrated by the statistics included in this AAP. The following reports summarize applicant flow by job group. Please note that applicants with an identified gender but no race will be included in the Applicant Detail by Gender and applicants with an identified race but no gender will be included in the Applicant Detail by Race. 14 B. Hires For the sake of organizational consistency, the Human Resources Department, in collaboration with the EEO Office, develops all procedures to ensure that all hiring is conducted on the basis of nondiscriminatory criteria. The EEO Office is to work collaboratively with the Human Resources Department in relation to needed adjustments. Specifically, the following criteria and procedures have resulted in hiring decisions that are free of discrimination: 1. Job descriptions have been reviewed and revised to ensure that duties are accurately described, that the experience and education requirements are strictly job-related, and that all incumbents meet minimum job requirements. Job titles have and will continue to be written without regard to race, color, religion, sex, age, disability, veteran status, national origin, or any other characteristic protected by applicable law. 2. Application forms have been reviewed to ensure that all requested information is job-related, and that the forms comply with all applicable laws. In addition, all forms state that Augusta-Richmond County is an Equal Opportunity/Affirmative Action Employer. 3. An representative knowledgeable of Equal Employment Opportunity/Affirmative Action oversees employment interviews. 4. Tests have been reviewed and are administered and conducted in a non- discriminatory manner. 5. All employees are encouraged to refer qualified applicants to Augusta-Richmond County for employment. In addition, Human Resources has formal recruitment procedures to apprise minority and women's groups, educational institutions, and other referral sources of openings. 6. Placing an applicant in a specific job in a department is the responsibility of management. Hiring decisions are based on the applicant's knowledge, skills, abilities, and any other job-related criteria. However, an applicant's qualifications should not be arbitrarily waived merely in favor of one specific individual. All qualified persons should be afforded an equal opportunity to gain employment. A review of external hires for the prior plan year indicates the presence of equal employment opportunity and a strong commitment to affirmative action. There were approximately 376 new employees hired during the period from January 1, 2007 - December 31,2007, including 216 minorities at 57.45% and 141 women at 37.5%. 15 C. Promotion Practices A review of promotion data indicates that these practices represent an area of employment opportunity for minority and female employees. The overall promotion practices are not problem areas for minorities and women in any job group. Our analysis reveals that neither minorities nor women are being treated disparately in promotions because: 1. Augusta-Richmond County provides every reasonable opportunity for employees to advance. In this regard, training and other developmental opportunities are offered. 2. Employees are encouraged to contact their supervisor and/or the Human Resources Department, at any time, should they desire information relative to another position within Augusta-Richmond County. 3. Management-initiated promotions are based on performance and other job-related criteria without discrimination on account of race, color, religion, sex, age, disability, veteran status, national origin, or any other characteristic protected by applicable law. 4. Most promotional opportunities are posted, providing all interested employees with an opportunity to apply and call their special skills to the attention ofthe manager. 5. Our program of career development enables all employees to designate career paths and positions for which they wish to be considered. All ofthese factors strongly indicate that overall promotions represent an area of employment opportunity for minority and female employees. D. Compensation Systems As part of its affirmative action obligations, Augusta-Richmond County has conducted a compensation analysis to determine whether there are pay disparities on the basis of gender, race, or ethnicity. If the organization discovers significant salary differences between men and women or non-minorities and minorities, it will determine whether they are the result of legitimate, nondiscriminatory factors such as tenure, time in job, time in grade, performance, education, previous experience, etc. Where appropriate, Augusta- Richmond County will take all reasonable and immediate steps to make any necessary adjustments. E. Terminations Augusta-Richmond County has evaluated its termination practices to determine whether there are disparities on the basis of gender, race or ethnicity. When terminations or reductions in force are necessary, Augusta-Richmond County will make its decisions without regard to race, color, religion, sex, age, disability, veteran status, national origin, 16 or any other characteristic protected by applicable law. 5. Technical Phases of Compliance Analysis of the technical phases of compliance reveals that Augusta-Richmond County fully complies with all the technical phases of its affirmative action obligations: A. Equal Employment Opportunity posters are prominently displayed in each location. B. Augusta-Richmond County notifies all contractors and subcontractors via purchase orders and subcontracts that they may be subject to federal affirmative action obligations. C. Augusta-Richmond Country requires that all of their qualified contractors and subcontractors develop and maintain a written AAP. D. Augusta-Richmond County's employment application has a statement concerning Equal Employment Opportunity. E. All recruitment agencies and area schools and colleges will continue to be notified of the organization's commitment to the goals of affirmative action. F. All recruitment advertising includes the solicitation "An Equal Opportunity Employer" or its abbreviation. G. All other required affirmative action notices and policy statements are posted on bulletin boards and are updated annually. H. All personnel and employment records made or kept by Human Resources are retained for the required period as mandated by OFCCP regulations. I. Augusta-Richmond County files annual EEO-4 and VETS-I00 reports with the appropriate agencIes. 17 DEVELOPMENT AND IMPLEMENTATION OF ACTION ORIENTED PROGRAMS In accordance with 41 C.F.R. 60-2.17 Augusta-Richmond County has developed and executed action-oriented programs designed to correct any problem areas that may exist. These programs, which are listed below, demonstrate our good faith efforts to remove identified barriers, expand employment opportunities, and produce measurable results. 1. Augusta-Richmond County has analyzed and will continue to analyze all positions and prepare written descriptions to accurately reflect position functions. Due to the use of a position description format, they are and will continue to be consistent for the same position from one organizational unit to another. 2. Job descriptions have been and will continue to be reviewed to determine the knowledge, skills, abilities, and other requirements necessary for the adequate performance of every job. Specifications will continue to be consistent for the same job title in all organizational units and will not contain any requirements that would result in discrimination on the basis of race, color, religion, sex, age, disability, veteran status, national origin, or other characteristic protected by law. 3. Job descriptions are available to incumbents and all members of management involved in the recruiting, screening, selection, and promotion process. Job descriptions are also made available to employees, applicants, and recruiting sources as appropriate. 4. Augusta-Richmond County has carefully evaluated the total selection process and found it to be free from discrimination. A. Augusta-Richmond County has instructed all supervisory personnel to ensure elimination of discrimination in all personnel actions in which they are involved. B. The tests administered by Augusta-Richmond County are job-related and given to all applicants for applicable position. C. Application forms do not contain questions with potential discriminatory effects. D. Augusta-Richmond County does not and will not use any selection techniques that can be improperly used to discriminate against minority groups or women. 5. The Human Resources Department in collaboration with the EEO Office has evaluated its techniques for improving recruitment and increasing the flow of qualified minority or female applicants through the following: A. Minority and women, as well as non-minority and male, employees are actively encouraged to refer applicants to our organization. B. Augusta-Richmond County relies on the State Department of Employment as well as job fairs and recruiting programs sponsored by local community colleges and other community organizations. 18 C. The Human Resources Department provides an orientation program to inform new employees oftheir equal employment responsibilities, promotional opportunities, rules, ways to alleviate any problems that might arise, and any other issues related to affirmative action compliance. D. Local organizations will continue to be contacted for referrals of potential minority and female employees. E. Augusta-Richmond County utilizes the Internet to identify targeted recruitment sites for qualified minority and female applicants. F. Furthermore, Augusta-Richmond County plans to take the following additional steps to ensure adequate representation of all minorities and women: (a) Where placement goals exist as defined by the OFCCP, the Augusta-Richmond County will continue to contact universities and two- and four-year local colleges, vocational technical schools, high schools, local business schools, and state and community organizations which attract qualified minority and female students. Augusta-Richmond County will advise these institutions of its desire to fill job openings in these classifications with minority and female employees. When possible, Augusta-Richmond County will continue to participate injob fair and career day activities and relevant work experience programs. (b) During the period from January 1,2008 - December 31, 2008, special recruitment activities will be conducted at the following schools, universities and community organizations: Paine College Augusta State University Augusta Technical College Local high schools Georgia Labor Department Department of Veteran's Affairs G. Augusta-Richmond County will continue to contact normal sources of recruitment (e.g., State Employment) and advise them that under the AAP it is specifically seeking to employ minorities and/or women for job openings. During the AAP Plan period the organization will conduct targeted recruitment activities. 19 6. Augusta-Richmond County has implemented the following programs and procedures to ensure that minority and female employees are given equal opportunities for promotion: A. On-the-job training is provided to all qualified employees to assist them in developing the necessary knowledge and skills for promotion to higher-level jobs. In addition, a tuition reimbursement benefit is also available to all qualified employees. B. Augusta-Richmond County utilizes a formal performance evaluation program for all employees. In addition, management and supervisors are trained on the basic methodology of performance evaluation. C. Neither minority nor female employees are required to possess higher qualifications than those of the lowest qualified incumbent in the job for which they apply. D. Seniority practices are not a problem since Augusta-Richmond County has no formal seniority system. Promotions are based on merit selection principles. E. Augusta-Richmond County will continue to make opportunities for advancement into more stimulating positions widely known through our career development process and by encouraging minorities and women to take advantage of these opportunities. F. Special internal training programs are provided as necessary to ensure the achievement of our placement goals. The following programs are offered to eligible employees without regard to race, color, religion, sex, age, disability, veteran status, national origin or any other characteristic protected by applicable law: G. Augusta-Richmond County will continue to participate in targeted external training programs. 20 INTERNAL AUDIT AND REPORTING SYSTEM In accordance with 41 C.F.R. 60-2.17 Augusta-Richmond County has developed and implemented an auditing system that periodically measures the effectiveness of its total AAP. Augusta-Richmond County views the activities that are listed below as critical to the success of the AAP. 1. The EEO Office and the HR Department will continue to monitor records of applicant flow, referrals, placements, rejected offers, training, transfers, promotions, terminations, and any layoffs or recalls to ensure that Augusta-Richmond County's non-discriminatory policy is carried out. Procedures are reviewed and revised as problems are identified. 2. Top management is and will continue to be informed of any problems that arise in their respective areas so that immediate and appropriate steps can be taken to resolve any issues. 3. Augusta-Richmond County recognizes its responsibility to affirmative action and is committed to fulfilling this responsibility by complying with all government regulations and laws pertaining to equal employment opportunity. As part of this commitment, management will be kept abreast of developments in the affirmative action area. The primary vehicle for communication with management will be periodic affirmative action briefings. 4. Augusta-Richmond County will generate internal reports on a regular basis to evaluate the degree to which equal employment opportunity and organizational objectives are being obtained. 5. Augusta-Richmond County will review report results with all levels of management as to the degree to which their affirmative action goals and compliance are being attained, and will design and implement corrective actions, including adjustments in programs, as needed. 6. Progress on Augusta-Richmond County's AAP will be discussed at supervisors meetings, and relevant information will be communicated to employees during regular departmental meetings as appropriate. 7. The EEO Coordinator will periodically report to the Mayor, the Commission and the City Administrator of Augusta-Richmond County and other appropriate top management on the effectiveness of the program and will submit recommendations for improvement. 21 CONCLUSION The AAP Year, January 1,2008 - December 31, 2008, shows a commitment to equal employment opportunity and affirmative action, and has strong plans to ensure both organization and employee success. Through its EEO Coordinator, Augusta-Richmond County will continue to communicate its policies, both within the organization and to the community in which we work. The Mayor, the Commission and the City Administrator afford the EEO Coordinator full authority to implement this AAP plan and to pursue solutions to problems that might impede the progress ofthis plan. At the close ofthe Equal Employment Opportunity (EEO) Office's most recent Plan year, an analysis of the composition ofthe workforce was undertaken. The workforce was analyzed by job group and by department to determine the employment of minorities and women, and to identify if placement goals are indicated when compared to the appropriate available workforce. This analysis revealed only two (2) area(s) in which the difference between incumbencies versus estimated availability was statistically significant, showing that for the overwhelming majority of the workforce, employment levels of women and minorities are representative of our recruiting population. Nonetheless, Augusta-Richmond County expects to continue its successful outreach efforts and to ensure that all applicants and employees are treated fairly, based on job-related criteria and without regard to race, color, religion, sex, age, disability, veteran status, national origin, or any other characteristic protected by applicable law. Augusta-Richmond County is mindful of the fact that continued achievements in the area of equal employment opportunity and affirmative action are important. As a result, Augusta-Richmond County has included additional action-oriented plans and programs for recruiting, communication, and reporting, to ensure that our compliance with affirmative action continues. Finally, it should be noted that the EEO Office's analysis of its workforce reveals that Augusta- Richmond County is in full compliance with sex discrimination guidelines and that there is no overall evidence of discrimination against female employees. As outlined in this AAP, Augusta-Richmond County is ready and willing to make affirmative action both a commitment and a continued reality for Augusta-Richmond County. 22 LIST OF EXHIBITS Exhibit A - Policy of Affirmative Action Letter 23 Exhibit A Policy of Affirmative Action Letter Dear Outreach and Placement Professional: This letter is to inform you that Augusta-Richmond County is committed to the principles of equal employment opportunity. Moreover, as a government entity and contractor bound by Executive Order 11246, Augusta-Richmond County takes its affirmative action obligations very seriously. Equal Employment Opportunity (EEO) Office states as its Policy of Affirmative Action the following: A. It will be the policy of Equal Employment Opportunity (EEO) Office to recruit, hire, train, and promote persons in all job titles without regard to race, color, religion, sex, age, disability, veteran status, national origin, or any other characteristic protected by applicable law. B. All employment decisions shall be consistent with the principle of equal employment opportunity, and only job-related qualifications will be required. C. All personnel actions, such as compensation, benefits, transfers, tuition assistance, social and recreational programs, etc. will be administered without regard to race, color, religion, sex, age, disability, veteran status, national origin, or any other characteristic protected by applicable law. To assure compliance with Augusta-Richmond County's AAP, the EEO Coordinator, has been designated to administer and monitor the Affirmative Action Plan and make reports to Senior Management. Members of our Human Resources Department and EEO Office will contact you when positions are available. The EEO Office requests that you refer to us all qualified candidates, including women and minorities. 24