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HomeMy WebLinkAbout1992-05-12; City Council; 11682; NONDISCRIMINATION POLICYAB # 11,[c&2 TITLE: MTG. 5-12-92 No nd i scri m in at io n Po I i cy DEPT. HR DEI CIT CIT e > g k 4 z 0 FS 0 a 6 z 3 0 0 CIT~F CARLSBAD - AGEN~BILL RECOMMENDED ACTION: Adopt Resolution No. 9%- /68 implementing a nondiscrimination policy, reaffirming that the City of Carlsbad will continue to provide a work place free of discrimination for employees and job applicants. ITEM EXPLANATION: The City Council reaffirms its commitment to providing a work place foi employees and job applicants that is free of discrimination and/or harassment of any kind. Through the adoption of this policy, the City Council gives the City Manager the authority and responsibility for overseeing and monitoring all programs dealing with the issue of nondiscrimination. Several policies/programs are included under the broad heading of “nondiscrimination.” These include the City’s sexual harassment policy, the City’s equal employment opportunity/affirmativc action program affecting women and minorities, the City’s equal employment opportunity/affirmative action program covering veteran an disabled persons, compliance with the mandates of the Americans with Disabilities Act, and the non-discrimination provisions of the current work rules. It has been, and will continue to be the policy of the City of Carlsbad to fair and equitable in all its relations with its employees and applicants for employment, without regard to political opinion or affiliation, race, color, religion, sex, marital status, age, national origin, veteran status, medical condition or physical or mental disability. The City of Carlsbad continues to be committed to the concept of equal employment opportunity, with the idea that all persons should be afforded equal accc to positions in the public service based only on their ability to perform the job. The City of Carlsbad, as an employer, will continue to vigorously pursue the achievement of a workforce which is representative of the San Diegc community as a whole, and an organization that respects and values cultural diversity. To date, the City has made significant good faith efforts to increase the number of women and minorities in our employee population. 0 0 PAGE 2 OF AB # 11, &fa, Through the adoption of this nondiscrimination policy, the City of Carlsbal reaffirms its commitment to a work environment free of discrimination and harassment. FISCAL IMPACT: This action will have no fiscal impact. EXHIBITS: Resolution No. 92 -/&8 and attached nondiscrimination policy. 1 < * L I 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 l9 0 0 RESOLUTION NO. 92-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENT TO EsTARLlSH A DISCRIMINATION-FRFF, WORK PLACE. WHEREAS, the City Council desires and deems it to be in the best public interest to establish a nondiscrimination policy which will ensure to the maximum extent possible that employees and job applicants of the City of Carlsbad shall have a work environment free of discrimination and harassment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitation is true and correct. 2. That in compliance with various state and federal regulations, the City of Carlsbad affirms to ensure a work place frc of discrimination and harassment for its employees and job applicants, and adopts the nondiscrimination policy hereto attachec 2o 21 22 23 24 25 26 27 28 1 The City will provide equal employment opportunity to all people ii all aspects of employer/employee relations, without regard to political opinion or affiliation, race, color, religion, sex, marital status, age, national origin, veteran status, medical condition or physical or mental disability. Any behaviors or activities by v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 employees that violate these prohibitions shall be cause for discipline and subject to the City's disciplinary procedures. That the City Manager is given the authority and 3. responsibility for overseeing and monitoring all programs dealing with the issue of nondiscrimination, including but not limited to the City's equal employment opportunity/affirmative action programs, the City's sexual harassment policy, compliance with the mandates of the Americans with Disabilities Act and the nondiscrimination provisions of the current rules and regulations that apply to the various bargaining units and employee groups. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of MAY 9 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT: None !f2(;4 / ,? v:* G' &f(& "C'LAUDE A. LEWIS, Mayor ATTEST: wJ-e-9 ALETHA L. RAUTENKRANZ, City Cle (SEAL) “ qttachment to 0 Resolution No. @la - , N ON Dl SC RIM IN AT10 N POLICY STATEMENT POClCY (Effective May 14, 1992) It is the policy of the City of Carlsbad to select, develop and promote employees based on the individual’s ability and job performance. It has been, and shall continue to be, the policy of t City to provide equal employment opportunity to all people in all aspects of employer/employc relations without regard to political opinion or affiliation, race, color, religion, sex, marital status, age, national origin, veteran status, medical condition or physical or mental disability This policy affects decisions including, but not limited to, an employee’s compensation, bene1 terms and conditions of employment, opportunities for promotion, training and development, transfer, and other privileges of employment. It has been, and shall continue to be, the City’s policy to maintain a working environment free of sexual harassment and intimidation. It is further the policy of the City of Carlsbad to comply with the letter and spirit of applicable loc state and Federal laws concerning equal employment opportunity and affirmative action. The City welcomes women, minority, veteran and disabled applicants and encourages their hiring- and promotion. G€iV€RAC 1. This policy will be communicated to all employees at all levels of the organization. In addition, this policy will be reviewed and discussed during new employee orientation a on an ongoing basis. Federal and state government non-discrimination posters as well as the City’s Nondiscrimination Policy will be permanently displayed in conspicuous locations in a facilities where notices to employees and applicants for employment are customarily placed. The Human Resources Department shall periodically evaluate the City’s position on employment of protected groups to ensure full compliance with FederaWstate laws. City activities, employee organizations and facilities at all locations shall be non- segregated. All personnel actions, including but not limited to compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer, and other privileges of employment shall be administered on a nondiscriminatory basis. Any established incidents of discrimination or sexual harassment by any employee w result in immediate investigation and disciplinary action, including possible termination, when warranted. It is the responsibility of every employee, and particularly every management and supervisory employee, to bring to the City’s attention any evidence of discrimination or sexual harassment so that the matter can 1: investigated and appropriate action taken. Generally, such information should be directed to the Human Resources Director. Vacations, insurance, retirements and other benefits of employment will be provided without discrimination. 2. 3. 4. 5. 6. 7. J 0 0 4 8. All employees, including qualified female and minority employees, will have the opportunity to participate in City sponsored training and other job-related classes and development programs to improve skills and to increase potential for advancement. All job posting programs will be administered without discrimination. Questions on all pre-employment forms (including applications) and during pre- employment interviews will not be designed to reveal race, color, religion, sex, marita status, age, national origin, medical condition or physical or mental disability, unless the medical condition or physical or mental disability would limit an applicant’s abilitj to perform the job in question. The Applicant Data Collection Form, which is utilized solely for the recording of EEO data, will be completed on a voluntary basis. It is not included as part of the formal application form, will be maintained separately from the employee’s personnel file, and will not be used as a basis for any employment decision. Applicants for employment will not be required to furnish photographs. Any selection tests and their uses will be in accordance with Federal and state selection guidelines. Copies of tests used by the City will be kept on file for a minimum of two years. Qualified female and minority recruiting sources will be used whenever possible to stimulate applicant flow of females and minorities and to correct any underrepresentation of these groups if deficiencies have been identified. Recruitment sources authorized to refer applicants will be advised orally and in writii of the City’s commitment to a Nondiscrimination policy. References in notices, advertisements, forms and job announcements relating to employment will not indicate any preference, limitation, or discrimination based on race, color, religion, sex, marital status, age, national origin, veteran status, medica condition or physical or mental disability. All employment recruitment advertising include the phrase, “An Equal Opportunity Employer.” Records pertaining to discrimination complaints filed with a federal or state agency \I be retained separately from the personnel file and preserved until such complaint is fully and finally disposed of and all appeals or related proceedings terminated. The City will take appropriate action to ensure that the rights of individuals to file complaints, furnish information or participate in an investigation, public hearing or other activity related to equal employment opportunity law will be respected and not interfered with in any way. Departments receiving formal EEO charges should immediately notify the Manager of Programs. The ultimate accountability for this policy rests with the City Manager, who has designated the Human Resources Director as accountable for policy implementation. 9. 1 0. 11. 12. 13. 14. 1 5. 16. 17. 18. 19.