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
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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.
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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.
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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
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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
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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.
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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.
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