CIL

Administration Memorandum No. 40-14

February 1996

Revised November 1998, Feb. 2001

Personnel Section

Affirmative Action Plan

Purpose: This Policy is to establish and ensure that all persons have equal rights and opportunities with respect to employment in this agency and participation in or receipt of assistance from any program administered by this agency.

1.STATEMENT OF POLICY

  1. Equal Opportunity Policy

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The CIL will assure all persons of equal rights and opportunities with respect to employment in this agency and participation in, or receipt of, assistance from any program administered by this agency. The CIL shall not discriminate on the basis of race, creed, and national origin. Color, sex, age, religion, marital status, political affiliation, disability, sexual preference, nor any other category or classification that is either prohibited by law or unrelated to the work to be performed or the service to be provided. This policy shall extend to applicants for employment and all employees of the CIL in all facets of hiring, promotion, compensation, training and benefits. It shall similarly extend to all persons served by, or seeking the assistance of, the CIL and any policy-making, planning, advisory or governing body of the CIL.

  1. Affirmative Action

It shall be the policy of the CIL to reach out to assure the broadest employment and participation opportunities to all members of disadvantaged groups.

  1. ADMINISTRATION OF PLAN
  1. Affirmative Action Plan

The Executive Director shall serve as the Affirmative Action Officer and the individual shall be responsible for monitoring this Affirmative Action Plan and ensuring that the activities and policies of the CIL comply with the Equal Opportunity Policy set forth herein. The Executive Director acting as the Affirmative Action Officer shall also develop such modifications of this plan as are appropriate to meet the Equal Opportunity Policy of the CIL.

  1. Reporting

The Affirmative Action Officer shall report at least annually, to the Board of Directors of the CIL on the agency's execution of this Plan.

  1. DISSEMINATION OF INFORMATION
  1. Within Agency

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The foregoing policies will be stated in the Personnel Policies a Procedures Manual of this agency, which shall be made available to all staff. The immediate supervisor shall orient all new personnel to the Equal Opportunity and Affirmative Action policies of the CIL. The Affirmative Action Officer shall also review the intent and objectives of these policies with all staff at periodic staff meetings.

2.Outside Agency

The Affirmative Action Officer shall provide a copy of this plan to any person who requests it. All job vacancy announcements shall contain the statement that the CIL is an Equal Opportunity Employer. Detailed announcements (greater than 100 words in length) shall refer to the existence and availability of the Affirmative Action Plan.

4.RECRUITMENT

  1. Inter-Agency Promotions

No position shall be filled by inter-agency promotion without outside advertising unless the Board of Directors determines that the promotion is in accordance with, and will not defeat the Equal Opportunity and Affirmative Action policies of this agency.

2.Open Advertising

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In addition to general advertising through local and regional media, job announcements shall be sent to agencies, which are representative of, or are service providers to, disadvantaged groups in the CIL service area. Where positions are deemed appropriate, advertising outside the CIL area, an effort shall be made to sent job announcements to representative agencies that will further the CIL’s goal of affirmative action recruitment. The Affirmative Action Officer shall maintain, as an appendix to this plan, a list of agency names and addresses to which job announcements will be sent in accordance with provision. (Please see attachment C for a list of agency that receives the job announcement.)

5.PROBLEM IDENTIFICATION AND REPORTING

  1. Annual Report

The Executive Director shall, in January of each year, report to the Board of Directors on the composition of agency management, staff and consumers compared to the composition of the population of _____ County in terms of race, sex, age and disability. Such a report shall indicate whether any group or groups are under represented on the staff or with the consumers. The Executive Director shall present to the Board of Directors such recommendations as may be appropriate to correct identified under representation of the CIL’s staff.

  1. Employment Review and Counseling

During each employee's annual performance appraisal, supervisors shall meet with each employee to review and provide counseling on the following:

  1. Employee's understanding of job requirement and relationship to functions and goals of the agency as a whole.
  1. Employee's training needs.
  1. Avenues for maximum development of employee's potential including the identification of any barriers (real or perceived) to advancement and promotion.

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3.Evaluation of Management Staff

The Executive Director and supervisory personnel shall, in conjunction with the review of their job performance, be evaluated on their ability to effectively implement the Affirmative Action Plan and Equal Opportunity commitment of this agency within their specific areas of responsibility.

  1. COMPLAINT PROCEDURES
  1. Submission of complaint

Any person who believes he/she has encountered discrimination because of race, creed, national origin, color, sex, age, religion, marital status, political affiliation, disability, sexual preference or any other category or classification may first file a complaint with the Affirmative Action Officer not more than 180 working days after the alleged act occurred.

  1. Resolution and Decision
  1. The Affirmative Action officer shall make every effort to resolve the complaint informally. The Affirmative Action Office shall, if requested by the complainant, assist in discussions with any party to the complaint and may take other steps, which may assist in the resolution of the complaint. (See Attachment B for Investigation Guide)

2.Each party to the complaint has the right to be accompanied, represented and/or advised by a representative or an attorney of his/her choice. If the aggrieved person or the representative is an employee of the agency, she/he shall have up to seven working days to prepare and present his/her request for a resolution of complaint.

3.The Affirmative Action Officer shall have up to 21 working days to attempt to resolve the complaint before the appropriate agency assumes jurisdiction (Equal Employment Opportunity Commission and/or Fair Employment Practices Commission).

4.The Affirmative Action Officer shall be given access within the agency to any information for resolving the complaint. In order to gain information from confidential personnel files, Affirmative Action Officer must obtain written consent of employee.

5.The Affirmative Action Officer shall inform the complainant of the right to file a formal complaint with any other appropriate federal, state and/or local civil rights agency.

  1. Nothing in this subpart should be construed to mean that a complainant couldn’t file a complaint directly with the appropriate agency.
  1. Reports on Efforts at Resolution
  1. When the Affirmative Action Officer has completed an investigation of a complaint, a report shall be prepared, setting out a summary of the complaint, the preliminary inquiry and disposition of the complaint, indicating the status and/or disposition.

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  1. Copies of the report shall be given to the Board of Directors, the complainant and to the appropriate agency, if necessary.
  1. Use of Grievance Procedure

Any aggrieved party may, at his/her discretion, bring a complaint of discrimination in accordance with the Grievance Procedure set forth in the CIL Personnel Policies and Procedures Manual. In cases involving discrimination in the provision of services, aggrieved party may bring a complaint through the consumer appeal process.

  1. Discrimination Complaint For

The Affirmative Action Officer shall provide a specific complaint form (See Attachment A), for any staff or consumer who request the complaint form.

______

Executive Director

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Attachment A

DISCRIMINATION CLAIM FORM

Name: ______

Telephone Number: ______

Address: ______

Date Complaint Filed: ______

Date Alleged Act Occurred: ______

Discrimination Claim: ______

______

Action Taken: ______

______

I HEREBY AUTHORIZE THE AFFIRMATIVE ACTION OFFICER TO HAVE ACCESS TO ALL INFORMATION WITHIN THE CIL NECESSARY FOR RESOLVING MY COMPLAINT.

______

SIGNATURE OF COMPLAINANT DATE

______

SIGNATURE OF REPRESENTATIVE DATE

(IF DESIRED)

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Attachment B

THE INVESTIGATION

  1. INTERVIEW OF EMPLOYEE
  1. Determine jurisdiction, background, personal harm, identification of "similarly situated" for comparative evidence, identification of witnesses to events and the practice of the employer. Draft complaint.
  1. Take detail statement/affidavit.
  1. PREPARE INVESTIGATIVE PLAN
  1. Based on the information provided by the complaint develop an investigative plan. This plan will provide guidance on what records you need to obtain and which other individuals you will need to interview and what information the records and witnesses will provide to prove and/or disprove the allegations.
  1. SCHEDULE INTERVIEW OF THE ALLEGED DISCRIMINATOR (S)
  1. Ask the person for any records to support his/her position for the actions taken against the complaint including the names of witnesses who can give information. Obtain comparative records of similar situated others.

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  1. PREPARE SUMMARY OF THE ALLEGED DISCRIMINATORS REASONS FOR THE ADVERSE ACTION AND SHARE WITH COMPLAINT FOR REBUTTAL
  1. Follow-up on obtaining any additional information based on the complaints rebuttal. Once this is complete conclude inquiry.
  1. PROOF OF DISPARATE TREATMENT
  1. Disparaging references
  1. Stereotyped views
  1. Comparative evidence/records
  1. Statistical Evidence (should be used with above to buttress finding)
  1. PREPARE INVESTIGATIVE MEMORANDUM OF YOUR FINDINGS (EXAMPLE)
  1. Charging Party alleges she was not hired for the position of Driver in violation to Title VII of the Civil Rights Act of 1964, as amended, because of her sex, female.
  1. Respondent denies the allegations and states that Charging Party was not selected because she was not qualified.
  1. The evidence shows...
  1. Conclusion.

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Attachment C

Fax Numbers

Place / City / Fax #
Dept. of Rehab.
PIC
Counties of
Cities of
Vet. Admin. Office
UCPA
ARC
AGENCIES
D.R.
Local Colleges & Universities
Disable. Office
Universities
The Counties of:
UCPA
Local Department of Rehabilitation Offices
Private Industry Council
Independent Living Centers
DR.
Goodwill
PIC
EDD
Veterans Administration
Goodwill
Mental Health

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