HomeMy WebLinkAboutAgenda - 04-12-2007-3ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 12, 2007
Action Agenda
Item No.
SUBJECT: Equal Opportunity Policy And Affirmative Action Plan For Qualified Individuals
With Disabilities And Qualified Veterans
DEPARTMENT: Personnel PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
A) Article 11, Section 1 of the Personnel
Ordinance
B) 29 USC § 793
C) 38 USC 4212
D) Affirmative Action Plan for Qualified
Individuals with Disabilities and
Qualified Protected Veterans
INFORMATION CONTACT:
Annette Moore, 245-2317
Policy and Compliance Officer
Rod Visser, 245-2550
Acting Human Resource Director
PURPOSE: To review the attached draft Equal Opportunity for Qualified Individuals with
Disabilities and Qualified Protected Veterans proposal.
BACKGROUND: Executive Order 11246 prohibits federal contractors with contracts in excess
of $10,000 and their subcontractors from discriminating in employment decisions based on
race, color, sex, religion, or national origin and requires that federal contractors take affirmative .
actions to ensure that all aspects of their employment practices provide equal employment
opportunities for current and prospective employees. Executive Order 11246 further requires
that non-construction contractors with 50 or more employees and contract of $50,000 or more
develop and .maintain written affirmative action plans (AAP) which detail affirmative action
programs at each of its establishments. State and local governments (or any agency,
instrumentality or subdivision thereof) are exempt from the requirements of the equal
employment clause in a contract and the filing and maintaining an affirmative action plan if they
do not "participate in work on or under the contract or subcontract." For the Fiscal Year ending
June 30, 2006, some Orange County Departments had direct and pass-through state agency
federal contracts totaling in excess of $70 million dollars. The United States Department of
Labor through the Office of Federal Contract Compliance Programs (OFCCP) administers and
enforces Executive Order 11246.
Since 1981, Orange County has voluntarily adopted an Equal Opportunity Policy and an
Affirmative Action Plan with regards to race and sex as promulgated by Executive Order 11246,
as amended. (See Appendix A)
In addition to Executive Order 11246, the Rehabilitation Act of 1974 and the Vietnam Era
Veterans' Readjustment Assistance Act (VEVRAA) and their implementing regulations require
that certain federal contractors take steps to employ and advance individuals with disabilities
and qualified protected veterans and that they develop and maintain a separate written
affirmative action plan for. these protected groups. (See Appendix B and C) State and local
governments (or any agency, instrumentality or subdivision thereof) that do not "participate in
work on or under the contract or subcontract" are exempt from the requirements of the equal
opportunity clause in contracts or subcontracts. Unlike the Executive Order 11246, the
implementing regulation for the Rehabilitation Act of 1974 and the VEVRAA does not provide
an exemption for local governments to maintain a written affirmative action plan.
Currently, Orange County does not have a separate Affirmative Action Plan that covers
qualified persons with disabilities and qualified protected veterans. The attached draft Equal
Opportunity for Qualified Individuals with Disabilities and Qualified Protected Veterans proposal
is being brought forward for your consideration .and review. (See Appendix D) The attached
plan includes a statement of policy, a review of the personnel process, a review of physical and
mental qualification and class specification standards, reasonable accommodation to physical
and mental limitations, harassment prevention procedures, procedures for external and internal
dissemination of the policy, outreach and positive recruitment strategies, auditing and reporting
systems, designates the persons responsible for implementing the Affirmative Action Plan and a
plan for training as required by the implementing regulations. In addition, also included is
sample of an Invitation to Self-Identify for both Qualified Individuals with Disabilities and
Qualified Protected Veterans.
HISTORY OF ORANGE COUNTY'S EEO/AFFIRMATIVE ACTION POLICY
• February 2, 1981 -Orange County adopts 5-0 a Resolution affirming Orange County's
commitment to Equal Opportunity Employment as part of its County Personnel Practices.
• February 17, 1981 -Orange County Board adopts 4-1 an Affirmative Action Plan.
• April 19, 1983 -Commission for Women produced an Affirmative Action Report, which
included ten (10) recommendations. The Board asked the County Manager to study the
Report and "work with the Board to `enact the recommendations."'
• August 16, 1983 -The County Manager with the Commission for Woman endorsed
seven of the ten recommendations. The recommendations endorsed were: (1) the
development of department goals; (2) provision of training to department heads and
supervisors; (3) evaluation of achievement as a part of overall job performance; (4)
improvement in the selection process; (5) establishment of an active file of available
minority and female applicants for selection referral; (6) implementation of routine
recording procedures and inclusion of an annual report to the Board for public record;
and (7) publish a report to be made available to the public. There were some questions
from the Board about including persons with disabilities as a protected category.
• October 3, 1983 -The Board voted 5-0 to amend the Affirmative Action Plan to include
Departmental Goals for all protected classes to monitor Orange County's progress.
• May 6, 1985 -Affirmative Action Progress Report -The 1985 Affirmative Action Plan
included department goals to be achieved over afive-year.period. Placement goals were
established to monitor Orange County's progress in the under/over utilization of
minorities and women.
• March 5, 1990 -Affirmative Action Report - An update was provided to the Board on
Orange County's progress. Commissioner requested information on historical data,
goals for persons with disabilities, and goals for County Departments.
• September 17, 1991 -The Equal Employment/Affirmative Action Policy in the Orange
County Personnel Ordinance was revised to its current form.
• April 20, 1993 -Affirmative Action Plan was accepted 5-0 by the Board of
Commissioners.
• April 18, 1995 -The Board adopted 5-0 an updated Affirmative Action Plan and was
given a report on the completed Affirmative Action Plan period.
• September 16, 1997 -The Board accepted 5-0 Affirmative Action Plan.
• November 16, 1999 - A report was provided to the Board on the completed affirmative
action period. The Board accepted 5-0 the updated 1999 Affirmative Action Plan.
RELEVANT LAWS AND REGULATIONS
Laws
Rehabilitation Act of 1973 (29 USC §793) -the Office of Federal Contract Compliance
(OFCCP) enforces the Rehabilitation Act of 1973, as amended (Section 503). This section
requires that federal contractors with in excess of $10,000 take affirmative action to employ and
advance qualified individuals with disabilities.
American with Disabilities Act (ADA) of 1990 -Under Title I of the ADA, prohibits employers
with 15 or more employees from discriminating against qualified individuals with disabilities.
Title I, of the ADA is primarily enforced by the Equal Employment Opportunity Commission
(EEOC) however OFCCP has coordinating authority with EEOC.
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974 (38 USC §4212) -The
Vietnam Era Veterans' Readjustment Assistance Act requires that employers with Federal
contracts or subcontracts of $100,000 or more provide equal opportunity and affirmative action
for Vietnam era veterans, disabled veterans, veterans who served on active duty during a war
or in a campaign or expedition, for which a campaign badge has been authorized or recently
separated veterans.
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed
into law on October 13, 1994. USERRA clarifies the Veterans' Reemployment Rights (VRR)
Statute and is intended to minimize the disadvantages to an individual that occur when that
person is absent from his or her civilian employment to serve in the military.
Equal Opportunity for Employment and Compensation by State Departments and Agencies and
local Political Subdivisions (NCGS 126-16) -This statute provides that all state departments
and agencies and all local political subdivisions shall give equal opportunity for employment and
compensation without regard for race, religion, color, creed, national origin, sex, age, or
handicapping condition to persons otherwise qualified
4
Retaliation by State Departments and Agencies and focal Political Subdivisions (NCGS 126-17
- Prohibits retaliation against an employee for alleging a violation of NCGS 126-16.
Regulations
41 CFR Part 60-250 -Affirmative Action and Nondiscrimination Obligations of Contractors and
Subcontractors Regarding Special Disabled Veterans and Veterans of the Vietnam Era
41 CFR Part 60-741 -Affirmative Action and Nondiscrimination Obligations of Contractors and
Subcontractors Regarding Individuals with Disabilities
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board review the attached Plan.
7~'~r.~+m~'~-'
®range C'oaenty Persortrael ®rdinartce Issue Date:.Tarauary 29, 200,1~~~
~4~ticle II ~/
Recruitment and Employment
1.0 Equal Employment ®ppo~°tunity/~44 f~~°mati~e Actaon .Policy
1.1 Equal Employment Opportunity Policy
Amended
10/01/91
1.1.1 The policy of Orange County is to foster, maintain and promote equal
employment opportunity. The County prohibits discrimination in
employment on the basis of race, color, national origin, religion, creed,
sex, sexual orientation, age, disability, political affiliation and Vietnam-
Era or disabled veteran status as provided in law.
1.1.2 The County's non-discrimination policy extends to recruitment, selection,
hiring, compensation, promotion, training and all other aspects of
employment.
1.1.3 The County selects employees on the basis of job related qualifications
and without regard to race, color, national origin, religion, creed, sex,
sexual orientation, age, disability, political affiliation and Vietnam-Era or
disabled veteran status as provided in law.
1.2 Affirmative Action Program
In fiartherance of Orange County's equal employment opportunity policy, the
County has adopted an Affirmative Action Program. That Frogram, as revised
from time to time, reaffirms the County's commitment to equal opportunity in
employment.
1.3 Legal Basis
This equal employment opportunity/a:ffirmative action policy is adopted in
accordance with Title VII of the Civil Rights Act of 1964, Executive Order 11246,
the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of
1973, the Vietnam Era Veteran's Readjustment Act of 1974, Sections 126-16 and
126-17 of the North Carolina General Statutes and other applicable Federal and
State laws.
1.4 Prohibition of Retaliatory Action
The County prohibits retaliatory action against any employee or applicant for
employment who makes a charge of employment discrimination, testifies, assists
or participates in any manner at a hearing, proceeding, or investigation of
employment discrimination.
Article II -Page 1
United States Code (USC) - 29 USC § 793
Page 1 of 2
t,..,/
29 USC § 793
United States Code (USC)
Title 29 -LABOR
Chapter 16 -VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
29 USC § 793 Employment under Federal contracts
29 USC § 793. Employment under Federal contracts
SUBCHAPTER V -RIGHTS AND ADVOCACY
(a) Amount of contracts or subcontracts; provision for employment and advancement of qualified
individuals with disabilities; regulations
Any contract in excess of $10,000 entered into by any Federal department or agency for the
procurement of personal property and nonpersonal services (including construction) for the United
States shall contain a provision requiring that the party contracting with the United States shall take
affirmative. action to employ and advance in employment qualified individuals with disabilities. The
provisions of this section shall apply to any subcontract in excess of $10,000 entered into by a prime
contractor in carrying out any contract for the procurement of personal property and nonpersonal
services (including construction) for the United States. The President shall implement the provisions of
this section by promulgating regulations within ninety days after September 26, 1973.
(b) Administrative enforcement; complaints; investigations; departmental action
If any individual with a disability believes any contractor has failed or refused to comply with the
provisions of a contract with the United States, relating to employment of individuals with disabilities,
such individual may file a complaint with the Department of Labor. The Department shall promptly
investigate such complaint and shall take such action thereon as the facts and circumstances warrant,
consistent with the terms of such contract and the laws and regulations applicable thereto.
(c) Waiver by President; national interest special circumstances for waiver of particular agreements;
waiver by Secretary of Labor of affirmative action requirements
(1) The requirements of this section may be waived, in whole or in part, by the President with
respect to a particular contract or subcontract, in accordance with guidelines set forth in regulations
which the President shall prescribe, when the President determines that special circumstances in the
national interest so require and states in writing the reasons for such determination.
(2)(A) The Secretary of Labor may waive the requirements of the affirmative action clause required
by regulations promulgated under subsection (a) of this section with respect to any of a prime
contractor's or subcontractor's facilities that are found to be in all respects separate and distinct from
activities of the prime contractor or subcontractor related to the performance of the contract or
subcontract, if the Secretary of Labor also finds that such a waiver will not interfere with or impede the
effectuation of this chapter.
(B) Such waivers shall be considered only upon the request of the contractor or subcontractor. The
Secretary of Labor shall promulgate regulations that set forth the standards used for granting such a
waiver.
http://66.161.141.175/cgi-bin/texis/web/usstat/+kye-LPtetxbnmetD 1 wethDxwwxFgH6gw9... 4/9/2007
United States Code (USC) - 29 USC § 793 Page 2 of 2
(d) Standards used in determining violation of section
The standards used to deternune whether this section has been violated in a complaint alleging
nonaffirmative action employment discrimination under this section shall be the standards applied under
title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of
sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-
12204 and 12210), as such sections relate to employment.
(e) Avoidance of duplicative efforts and inconsistencies
The Secretary shall develop procedures to ensure that administrative complaints filed under this
section and under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] are dealt with
in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting
standards for the same requirements under this section and the Americans with Disabilities Act of 1990.
(Pub. L. 93-112, title V, Sec. 503, Sept. 26, 1973, 87 Stat. 393; Pub. L. 95-602, title I, Sec. 122(d)
(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), (C), title X, Secs. 1001(f)(2),
(3), 1002(e)(3), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub. L. 100-630, title II, Sec. 206(c), Nov. 7,
1988, 102 Stat. 3312; Pub. L. 102-569, title I, Sec. 102(p)(31), title V, Sec. 505, Oct. 29, 1992, 106 Stat.
4360, 4427.)
Lawriter Corporation. All rights reserved.
The Casemaker Online database is a compilation exclusively owned by ~awriter Corporation. The database is
provided for use under the terms, notices and conditions as expressly stated under the online end user license
agreement to which all users assent in order to access the database.
http://66.161.141.175/cgi-bin/texis/web/usstat/+kye-LPtetxbnmetD 1 wethDxwwxFgH6gw9... 4/9/2007
United States Code (USC) - 38 USC § 4212rage of 2
38 USC § 4212
United States Code (USC)
Title 38 -VETERANS' BENEFITS
Chapter 42 -EMPLOYMENT AND TRAINING OF VETERANS
38 USC § 4212 Veterans' employment emphasis under Federal contracts
38 USC § 4212. Veterans' employment emphasis under Federal contracts
PART III -READJUSTMENT AND RELATED BENEFITS
(a)(1) Any contract in the amount of $100,000 or more entered into by any department or agency of
the United States for the procurement of personal property and nonpersonal services (including
construction) for the United States, shall contain a provision requiring that the party contracting with the
United States take affirmative action to employ and advance in employment qualified covered veterans.
This section applies to any subcontract in the amount of $100,000 or more entered into by a prime
contractor in carrying out any such contract.
(2) In addition to requiring affirmative action to employ such qualified covered veterans under such
contracts and subcontracts and in order to promote the implementation of such requirement, the
Secretary of Labor shall prescribe regulations requiring that -
(A) each such contractor for each such contract shall immediately list all of its employment openings
with the appropriate employment service delivery system (as defined in section 4101(7) of this title), and
may also list such openings with one-stop career centers under the Workforce Investment Act of 1998,
other appropriate service delivery points, or America's Job Bank (or any additional or subsequent
national electronic job bank established by the Department of Labor), except that the contractor may
exclude openings for executive and senior management positions and positions which are to be filled
from within the contractor's organization and positions lasting three days or less;
(B) each such employment service delivery system shall give such qualified covered veterans
priority in referral to such employment openings; and
(C) each such employment service delivery system shall provide a list of such employment openings
to States, political subdivisions of States, or any private entities or organizations under contract to carry
out employment, training, and placement services under chapter 41 of this title.
(3) In this section:
(A) The term "covered veteran" means any of the following veterans:
(i) Disabled veterans.
(ii) Veterans who served on active duty in the Armed Forces during a war or in a campaign or
expedition for which a campaign badge has been authorized.
(iii) Veterans who, while serving on active duty in the Armed Forces, participated in a United States
military operation for which an Armed Forces service medal was. awarded pursuant to Executive Order
No. 12985 (61 Fed. Reg. 1209).
http://66.161.141.175/cgi-bin/texis/web/usstat/+Toyei7lGwBmeED 1 wet8swwwxFgH6gw9... 4/9/2007
United States Code (USC) - 38 USC § 4212
(iv) Recently separated veterans.
Page 2 of 2
0
(B) The term "qualified", with respect to an employment position, means having the ability to
perform the essential functions of the position with or without reasonable accommodation for an
individual with a disability.
(b) If any veteran covered by the first sentence of subsection (a) believes any contractor of the
United States has failed to comply or refuses to comply with the provisions of the contractor's contract
relating to the employment of veterans, the veteran may file a complaint with the Secretary of Labor,
who shall promptly investigate such complaint and take appropriate action in accordance with the terms
of the contract and applicable laws and regulations.
(c) The Secretary of Labor shall include as part of the annual report required by section 4107(c) of
this title the number of complaints filed pursuant to subsection (b) of this section, the actions taken
thereon and the resolutions thereof. Such report shall also include the number of contractors listing
employment openings, the nature, types, and number of positions listed and the number of veterans
receiving priority pursuant to subsection (a)(2)(B).
(d)(1) Each contractor to whom subsection (a) applies shall, in accordance with regulations which
the Secretary of Labor shall prescribe, report at least annually to the Secretary of Labor on -
(A) the number of employees in the workforce of such contractor, by job category and hiring
location, and the number of such employees, by job category and hiring location, who are qualified
covered veterans;
(B) the total number of new employees hired by the contractor during the period covered by the
report and the number of such employees who are qualified covered veterans; and
(C) the maximum number and the minimum number of employees of such contractor during the
period covered by the report.
(2) The Secretary of Labor shall ensure that the administration of the reporting requirement under
paragraph (1) is coordinated with respect to any requirement for the contractor to make any other report
to the Secretary of Labor.
(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86 Stat. 1097, Sec. 2012; amended Pub.
L. 93-508, title N, Sec. 402, Dec. 3, 1974, 88 Stat. 1593; Pub. L. 94-502, title VI, Secs. 605, 607(2),
Oct. 15, 1976, 90 Stat. 2405; Pub. L. 95-520, Sec. 6(a), Oct. 26, 1978, 92 Stat. 1821; Pub. L. 96-466,
title V, Sec. 509, title VIII, Sec. 801(j), Oct. 17, 1980, 94 Stat. 2206, 2217; Pub. L. 97-306, title III, Sec.
310(a), Oct.-14, 1982, 96 Stat. 1442; renumbered Sec. 4212 and amended Pub. L. 102-83, Secs. 4(b)(8),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 103-446, title VII, Sec. 702(a), Nov. 2, 1994, 108
Stat. 4674; Pub. L. 105-339, Secs. 7(a), 8, Oct. 31, 1998, 112 Stat. 3188, 3.189; Pub. L. 106-419, title III,
Sec. 322(a), (b), Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107-288, Sec. 2(b)(1), (2)(A)-(C), Nov. 7, 2002,
116 Stat. 2034, 2035.)
Lawriter Corporation. All rights reserved.
The Casemaker Online database is a compilation exclusively owned by Lawriter Corporation. The database is
provided for use under the terms, notices and conditions as expressly stated under the online end user license
agreement to which all users assent in order to access the database.
http://66.161.141.175/cgi-bin/texis/web/usstat/+Toyei7lGwBmeED 1 wet8swwwxFgH6gw9... 4/9/2007
,r.Uiw~~t'"
I. Equal Employment Opportunity for Qualified Individuals with Disabilities and
Qualified Protected Veterans
It is the Policy of Orange County Government not to discriminate against any employee
or applicant for employment because he or she is a qualified individual with a disability,
a disabled veteran, a newly separated veteran, a campaign, or an armed forces service
medal veteran (i.e., qualified protected veterans). It is also the policy of Orange County
to take affirmative action to employee and to advance in employment, all persons
regardless. of their status as qualified individuals with disabilities or qualified protected
veterans, and to base all employment decisions only on valid job requirements. This
policy shall apply to all employment actions, including but not limited to recruitment,
hiring, upgrading, promotion, transfer, demotion, layoff, recall, termination, rates of pay
or other forms of compensation and selection for training; including apprenticeship at all
levels of employment. '
Employees of and applicants to Orange County Government will not be subject to
harassment, intimidation, threats, coercion, or discrimination because they have engaged
or may engage in filing a complaint, assisting or participating in an investigation,
compliance evaluation or hearing or have otherwise sought to obtain their legal rights
related to any ,Federal, State or local law regarding Equal Employment Opportunity
(EEO) for qualified individuals with disabilities or qualified protected veterans.
A. Review of Personnel Process
Orange County review will review its personnel process annually to determine
whether present procedures assure careful, thorough and systematic consideration of
the qualification of known qualified individuals with disabilities and qualified
protected veterans. This review will cover all procedures related to the filling of job
vacancies either by hire or by promotion, as well as all training opportunities offered
or made available to employees. Orange County will make any necessary
modification to its process to ensure equal employment for qualified individuals with
disabilities and qualified protected veterans.
In determining the qualifications of veterans, Orange County limits its consideration
of a qualified protected veteran's military record, including discharge papers, to only
those portions of the military record, which are relevant to the specific job
qualification for which the veteran is being considered.
B. Review of Physical and Mental of Job Qualification and Class
Specification Standards
The physical and mental qualifications of all jobs have been reviewed to ensure that,
to the extent that such qualifications requirements tend to screen out qualified
individuals with disabilities and qualified disabled veterans, job qualifications are
consistent with business necessity and the safe performance of the job.
nRArT rl
Orange County will continue to review physical and mental requirements in job
qualifications and class specifications whenever either the duties of a position
changes or a position becomes vacant and the County intends to fill. the vacancy
either through hiring or promotion to ensure that to the extent that physical and
mental requirements tend to screen out individuals with disabilities or qualified
disabled veterans, the qualifications shall be related to the specific job for which the
individual is being considered and is consistent with business necessity and safe
performance of the job.
Orange County uses pre-employment physical examinations where it is job-related
and consistent with business necessity and safety. If at any time in the future, Orange
County should inquire into an employee's physical or mental condition or should
conduct a medical examination prior to a change in employment status, Orange
County affirms that information obtained as a result of the inquiry will be kept
confidential, except as otherwise provided for. in Section S03 of the Rehabilitation
Act of 1973, as amended. The results of the examination or inquiry will be used in
accordance with the Regulations in Section 503.
C. Reasonable Accommodation to Physical and Mental Limitations
Orange County commits to affirmatively making a reasonable accommodation to the
known physical and mental limitations of qualified individuals with disabilities and
qualified disabled veterans, unless such accommodation would impose an undue
hardship. In determining the extent of the obligation, Orange County will consider
business necessity, financial costs and expenses as well as other factors.
D. 1=Iarassment Prevention Procedures
Employees and applicants of Orange County will not be subject to harassment,
intimidation, threats, coercion or discrimination because they have engaged or may
engage in filing a complaint, assisting in a compliance evaluation, investigation, or
hearing or have otherwise sought to obtain their legal rights related to any federal,
state or local law regarding EEO for qualified individuals with disabilities or qualified
protected veterans. Any employees or applicants who feel that they have been subject
to harassment, intimidation, threats, coercion, or discrimination because of their
disability or status as a qualified protected veterans should contact the Orange County
Employment Manager in the Personnel Department for assistance. This policy will
be communicated to all employees and supervisors annually, and a notice posted in
the Personnel Department as well as all other County facilities.
E. External Dissemination of Policy, Outreach and Positive Recruitment
Orange County will undertake appropriate outreach and positive recruitment
activities that are reasonable designed to effectively recruit individuals with
disabilities and qualified disabled veterans. Below is a list of some activities
that Orange County may, but is not limited to, undertake:
Page 2 of 10
1. Subcontractors, vendors and suppliers shall be sent written notification of
Orange County's Equal Employment Opportunity and Affirmative Action
Policy regarding the employment of qualified individuals with disabilities and
qualified protected veterans.
2. Recruiting sources, including the Employment Securities Commission,
educational institutions and other employment agencies will be informed of
the County's policy concerning the employment of qualified individuals
disabilities and qualified protected veterans and have been advised to actively
recruit and refer qualified persons for job opportunities.
3. Orange County will list all suitable job openings with the appropriate local
office of the Employment Securities Commission and maintains regular
contact with the local Veterans Employment Representative. A copy of
Orange County's Affirmative Action Policy for qualified individuals with
disabilities and qualified protected veterans will be provided to the
Employment Security Commission annually.
4. The Personnel Department will hold briefing sessions with representatives
from recruitment sources and placement agencies, which include discussion of
current and prospective position openings, job description and required
qualifications and explanations of Orange County's selection procedures.
Formal arrangements have been made to ensure that each recruitment source
is provided with timely notice of job opportunities, to ensure that recruitment
sources have an opportunity to refer qualifies candidates.
5. Orange County will participate in local job fairs sponsored by support groups
for qualified individuals with disabilities and qualified protected veterans.
6. The equal employment opportunity clause concerning the employment of
qualified individuals with disabilities and qualified protected veterans will be
included in all nonexempt contracts and purchase orders.
F. Internal Dissemination of Policy
Orange County will seek to ensure strong internal cooperation and
participation from its managers, supervisors and other employees in its efforts
to communicate its affirmative action efforts to recruit, employ and advance
individuals with disabilities and qualified disabled veterans. Listed below are
some examples of activities that Orange County may, but is not limited to,
undertake to carry out its efforts.
1. Copies of the Affirmative Action Pian ("AAP") will be available for
inspection to any employee or applicant upon request to promote
understanding, acceptance and support. Policies will be emphasized to
managers and supervisors annually.
~a
Page 3 of 10
2. Orange County's Affirmative Action policy and EEO poster will be posted on
bulletin boards located throughout the County's facilities and work areas.
Employees may voluntarily self-identify at anytime.
3. All employees will be advised of Orange County's policy and encouraged to
aid in Orange County's affirmative action efforts to ensure a fair and effective
program.
4. Briefirig sessions will be conducted annually for department heads and
supervisors to review the applicable regulations to discuss affirmative action
measures such as training and reasonable accommodations.
5. When making internal equal opportunity audits, implementation of this
affirmative action program will be reviewed.
6. Orange County's Personnel Department shall provide training to educate
department heads and supervisors on hiring qualified individuals which
disabilities and qualified special disable veterans and reasonable
accommodations.
7. When employees are featured in articles and pictures in Orange County
publications, employees who are qualified individual with disabilities and
qualified protected veterans shall be included.
8. Orange County's policy regarding equal employment and affirmative action
shall be distributed to all employees at least once a year.
G. Audit and Reporting Systems
The Human Resource Director has the responsibility for developing and preparing the
formal documents of the AAP. The Employment Manager is responsible for the
effective implementation of the AAP however; responsibility is likewise vested with
each department head and supervisor. Orange County's audit and reporting system is
designed to:
• Measures the effectiveness of the Affirmative Action Plan/Equal Employment
Opportunity (AAP/EEO) program;
• Document where known individuals with disabilities and qualified disabled
veterans have had the opportunity to participate in personnel activities;
• Identify problem areas where remedial action is needed; and
• Deternune the degree to which Orange County's Affirmative Action Plan
goals and objectives have been obtained.
The following activities are reviewed at least annually to ensure freedom from
stereotyping qualified individuals with disabilities and qualified protected veterans in
I~
Page 4 of 10
any manner, including that which may limit their access to any job for which they are
qualified:
• Recruitment, advertising, and job application procedures;
• Hiring, promotion, upgrading, award of tenure, layoff, recall form layoff;
• Rates of pay and any other forms of compensation including fringe benefits;
• Sick leave, leaves of absence, or any other leave;
• Training, apprenticeships, attendance at professional meetings and
conferences; and
• Any other terms, condition, or privilege of employment.
Orange County's audit system includes a quarterly review of Orange County's efforts
to achieve its Affirmative Action/Equal Opportunity responsibilities. Managers and
supervisors are asked to report any current of foreseeable EEO problem areas and are
asked to outline their suggestion/recommendation for solutions. If problem areas
arise the manager or supervisor is to report problem area to the Human Resource
Director or the Employment Manager. During quarterly review, the following
occurs:
The Employment Manager will discuss any problems related to significant
rejection ratios, EEO charges, etc. with the Human Resource Director; and
2. The Employment Manager will report on the status of Orange County's
AAP goals and objectives to the Human Resource Director. The Human
Resource Director will make a report to the County Manager and the
Board of County Commissioners and will recommend any remedial action
for the effective implementation of the AAP.
The Human Resource Director will report annually to the County Manager and the
Board of County Commissioner on the progress and the issues of concern in the area
of equal opportunity as it relates to persons with disability and qualified veterans.
H. Responsibility for Implementation of Affirmative Action Plan
In furtherance Orange County's commitment to Affirmative Action and Equal
Employment Opportunity for qualified individuals with disabilities and qualified
protected veterans, the Human Resource Director has the overall responsibility for
designing and implementing the Orange County's AAP. The Employment Manager
has the responsibility of ensuring that the AAP is effectively implemented. These
responsibilities include, but are not limited to:
1. Responsibilities of the Human Resource. Director
a. Developing the AAP for individuals with disabilities and protected
veterans, policy statements, personnel policies and procedures,
~~
Page 5 of 10
internal and external communication of the policy, and monitoring
the effectiveness of these actions;
b. Evaluating the effectiveness of the equal employment
opportunity/affirmative action program and developing and
recommending any new strategies needed to support equal
employment opportunity;
c. Reporting annually to the County Manager and the Board of County
Commissioner on the progress and the issues in the area of equal
opportunity as it relates to persons with disability and qualified
veterans;
d. Reviewing the County's AAP for qualified individuals with
disabilities and qualified protected veterans with department heads
and supervisors to ensure that the policy is understood and is
followed in all personnel activities; and
e. Informing the County Manager and Department Heads of any area(s)
that may require attention in the County's commitment to achieving
the principles of Affirmative Action.
2. Responsibilities of the Employment Manager
a. Reviewing all personnel actions, policies, and procedures to ensure
compliance with Orange County 's affirmative action obligations;
b. Reviewing the qualifications of all applicants and employees to ensure
qualified individuals are treated in a nondiscriminatory manner when
hiring, promotion, transfer and termination actions occur;
c. Assisting in the identification of problem areas and the development of
solutions to those problems;
d. Monitoring the effectiveness of the program on a continuing basis
through the development and implementation of an internal audit- and
reporting-system that measures the effectiveness of the program;
e. Providing department heads with a copy of the "Affirmative Action
Program for Qualified Individuals with Disabilities and Qualified
Protected Veterans" and reviewing the program with them on an
annual basis to ensure knowledge of their responsibilities for
implementation of the program;
f. Auditing the contents of County's bulletin boards annually to ensure
that compliance information is posted and is up-to-date;
~~
Page 6 of 10
g. Serving as liaison between Orange County and enforcement agencies;
and
h. Serving as liaison between Orange County and organizations for
qualified individuals with disabilities and qualified protected veterans.
3. Responsibilities of Department Leads and Supervisors
Managers and supervisors are advised annually of their responsibilities under the
County's Affirmative Action Plan for qualified individuals with disabilities and
qualified protected veterans and of their obligations to:
a. Review the County's Affirmative Action policy for qualified
individuals with disabilities and qualified protected veterans with
subordinate managers and supervisors to ensure that they are aware of
the policy and understand their obligation to comply with it in all
personnel actions;
b. Assist in the identification of problem areas, formulate solutions, and
establish departmental goals and objectives when necessary;
c. Review the qualifications of all applicants and employees to ensure
qualified individuals are treated in a nondiscriminatory manner when
hire, promotion, transfer, and termination actions occur; and
d. Review all employees' performance to ensure that non-discrimination
is adhered to in all personnel activities.
I. Training to Ensure Affirmative Action Plan Implementation
Training shall be provided to all personnel involved in the recruitment, screening,
selection, promotion, disciplinary and related employment processes, to ensure that
the commitments made in Orange County's AAP are implemented.
II. Sample Invitation to Self-Identify
A. Invitation to Self-Identify for Qualified Protected Veterans
An individual may voluntarily self-identify at any time; however, the following
invitation should be extended by Orange County to applicants to self-identify only
after they have been offered a position but before they start their employment. Note:
This timeframe avoids conflict with the EEOC's guidance under the American with
Disabilities Act (ADA), which in most cases precludes asking a job applicant about
potential reasonable accommodations prior to a job offer being made.
~b
Page 7 of 10
~~ ~~ ~~
1. Departments within Orange County Government have federal contracts and
are subject to the Vietnam Era Veterans' Readjustment Assistance Act
(VEVRAA) of 1974, as amended, which requires federal contractors to take
affirmative action to employ and advance in employment qualified disabled
veterans and qualified protected veterans.
2. An invitation to both (1) veterans of the Vietnam Era and (2) qualified
disabled veterans: If you are a veteran of the Vietnam era or a qualified
special disabled veteran, we would like to include you under our affirmative
action program. If you would like to be included under the affirmative action
program, please tell us. The term "veteran of the Vietnam Era" refers to a
person who served on active duty for a period of more than 180 days, and was
discharged or released therefrom with other than a dishonorable discharge, if
any part of such active duty occurred in the Republic of Vietnam between
February 28, 1961, and May 7, 1975 or between August 5, 1964, and May 7, .
1975, in all other cases. The term also refers to a person who was discharged
or released from active duty 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 between August 5, 1964, and May 7, 1975, in
all other cases. The term "qualified special disabled veteran" refers to a
veteran 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 Department of Veterans Affairs, for a disability rated at 30 percent or
more, or rated at 10 or 20 percent in the case of a veteran who has been
determined by the Department of Veterans Affairs to have a serious
employment handicap. The term also refers to a person who was discharged or
released from active duty because of aservice-connected disability.
3. You may inform us of your desire to benefit under the program at this time
and/or at any time in the future.
4. Submission of this information is voluntary and refusal to provide it will not
subject you to any adverse treatment. The information provided will be used
only in ways that are not inconsistent with the VEVRAA of 1974, as
amended.
5. The information you submit will be kept confidential, except that (i)
supervisors and department heads may be informed regarding restrictions on
the work or duties of qualified disabled veterans, and regarding necessary ,
accommodations; (ii) first aid and safety personnel may be informed, when
and to the extent appropriate, if you have a condition that might require
emergency treatment; and (iii) government officials engaged in enforcing laws
administered by OFCCP, or enforcing the ADA, may be informed.
6. If you are a qualified special disabled veteran it would assist us if you tell us
about (i) any special methods, skills, and procedures which qualify you for
Page 8 of 10
positions that you might not otherwise be able to do because of your disability
so that you will be considered for any positions of that kind, and (ii) the
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. This
information will assist us in placing you in an appropriate position and in
making accommodations for your disability.
7. A written copy of this AAP is available for inspection by any employee or
applicant for employment, during normal business hours, in the Personnel
Department. Interested persons should contact the Employment Manager at
(919) 245-2555 for assistance.
II. Invitation to Self-Identify for Individuals with Disabilities
An individual may voluntarily self-identify at any time; however, the following
invitation should be extended by Orange County to applicants to self-identify only
after they have been offered a position but before they start their employment. Note:
This timeframe avoids conflict with the EEOC's guidance under the ADA, which in
most cases precludes asking a job applicant about potential reasonable
accommodations prior to a job offer being made.
Orange County is a contractor subject to section 503 of the Rehabilitation Act
of 1973, as amended, which requires contractors to take affirmative action to
employ and advance in employment-qualified individuals with disabilities.
2. If you have a disability and would like to be considered under the affirmative
action program, please tell us.
3. You may inform us of your desire to benefit under the program at this time
and/or at any time in the future. This information will assist us in placing you
in an appropriate position and in making accommodations for your disability.
4. Submission of this information is voluntary and refusal to provide it will not
subject you to any adverse treatment. The information provided will be used
only in ways that are not inconsistent with Section 503 of the Rehabilitation
Act of 1973, as amended.
5. Information you submit about your disability will be kept confidential, except
that (i) supervisors and department head may be informed regarding
restrictions on the work or duties of qualified individuals with disabilities, 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 laws
administered by OFCCP or the ADA, may be informed.
~~
Page 9 of 10
6. If you are a qualified individual with a disability, we would like to include
you under the affirmative, action program. 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 of that kind, and (ii) the
accommodations which we could make which would enable you to perform
the job properly and safely, including special equipment, f changes in the
physical layout of the job, elimination of certain duties relating to the job,
provision of personal assistance services or other accommodations..
7. A written copy of this AAP is available for inspection by any employee or
applicant for employment, during normal business hours, in the Personnel
Department. Interested persons should contact the Employment Manager at
(919) 245-255 for assistance.
I`~
Page 10 of 10