Chapter 2.360 — EQUAL OPPORTUNITY IN CITY EMPLOYMENT

This chapter shall be known as the "Equal Opportunity in City Employment Ordinance."

(Ord. 6899 § 4 (part), 2002: Ord. 6299 § 2 (part), 1987)

The principles of equal opportunity in employment are applicable to all city employment, through Section 802 of the city Charter. In addition, the following equal opportunity employment laws apply, by their terms, as they may be amended from time to time, to city employment:

A.

California Fair Employment and Housing Act, Government Code Section 12900 et seq.

B.

Title VII, Equal Employment Opportunity, of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq.

C.

Age discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 621 et seq.

D.

Section 504 of the Vocational Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et seq.

E.

Other such Federal, State or Local law or regulation applicable to public agency employment practices that are or may be enacted.

This chapter sets forth specific procedures for all city employment and employees.

(Ord. 6899 § 4 (part), 2002: Ord. 6299 § 2 (part), 1987)

The policy of the city shall be to provide equal opportunity employment to all persons and not to discriminate against any applicant or employee because of race, religion, color, national origin, ancestry, disability, sex, or age, marital status, medical condition, sexual orientation, or any other protected class. In the awareness that the intent of this policy is not necessarily

fulfilled with the mere prohibition of discriminatory practices, the city will continue to review all of its employment practices to assure the fulfillment of its stated commitment.

(Ord. 6899 § 4 (part), 2002: Ord. 6229 § 2 (part), 1987)

Whenever use in this chapter the following words shall have the meanings indicated:

A.

"Age" means over the age of 40.

B.

"Discrimination" means disparate treatment, policies or practices which perpetuate in the present the effects of past discrimination, policies or practices having disparate impact not justified by business necessity or bona fide occupational qualifications, and failure to make reasonable accommodation to an applicant's or employee's religious observances or practices.

C.

"Employer" means the city.

D.

"Employment practices" means any solicitation of, or advertisement for employee or employment; any action resulting in changes in grade or work assignment in place or location of work; any determinations affecting the layoff, suspension or termination of employees, the rate of pay or other form of compensation including vacation, sick leave and compensatory time; any decisions affecting the selection for training including apprenticeship programs, the grant of employee benefits an participatory activities and promotions; any actions taken to discipline employees for infractions of work rules or employer requirements; functional reorganization; and any other actions which affect the terms and conditions of employment. The term "functional reorganization" includes the employment decisions with respect to increases or decreases in staff brought about by changes in management organization but shall not include the actions or consideration giving rise to such changes or the alteration or modification of the duties, responsibilities, or authority of existing staff.

E.

"Equal Opportunity Employer" means an employer who practices equal opportunity employment.

F.

"Equal Opportunity Employment" means the utilization of employment practices by an employer that do not discriminate against any protected class.

G.

"Disabled individual" means a person who (1) has a physical or mental impairment which limits one or more of such person's major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment.

H.

"Medical condition" means any health impairment for which a person has been rehabilitated or cured, based on competent medical evidence.

I.

"Protected class" means a group of persons identified with respect to the race, religion, color, ancestry, sex, age, marital status, medical condition, or sexual orientation of its members.

J.

"Relevant labor market" means that pool of workers, for each position that an employer maintains, that is ready, willing, and possesses the requisite skills to perform the tasks, functions, and duties of the position. The relevant labor market varies as a function of the skills required for the positions and the salary and benefits associated with the position.

(Ord. 6899 § 4 (part), 2002: Ord. 6229 § 2 (part), 1987)

Utilization analyses of the work force of the city shall be conducted annually by the director of human resources, in accordance with rules and regulations promulgated by the director of human resources but shall, in general, include the following for each analysis:

A.

An analysis of the work force in question by job classification groupings using the EEO-4 or similar categories, to determine the extent to which those protected classes identified by race, color, national origin, or sex are represented therein.

B.

A comparison of the work force statistics developed in subsection A of this section with the equivalent statistics for the relevant labor market for the same job classification groupings to determine any statistically significant utilization.

(Ord. 6899 § 4 (part), 2002)

A.

The director of human resources, in conjunction with each department and agency head of the city's work force under his/her control, shall continually review the city's employment practices to assure that practices do not discriminate against any protected class.

B.

The director of human resources, in conjunction with each department and agency head of the city's work force, shall take positive action to assure that the selection process for filling vacant positions does not have an adverse impact on a protected class, except to the extent that the limiting criteria are job related. Oral examination boards should include persons who are members of protected classes.

C.

The director of human resources, in conjunction with each department and agency head of the city's work force under his/her control, shall take positive action to assure discipline is uniformly applied to employees without respect to the employee's membership in a protected class.

(Ord. 6899 § 4 (part), 2002)

A.

The director of human resources, in conjunction with each department and agency head of the city's work force under his/her control, shall take positive action to assure that applicants to and employees of the city are fully informed on the

city's commitment to equal opportunity employment.

B.

All management personnel shall be instructed in the principles and practices of equal opportunity employment and their responsibilities thereunder.

C.

All solicitations or advertisements for applicants for employment placed by or on behalf of the city shall include the following statement: "Equal Opportunity Employer."

D.

The director of human resources shall prepare an annual report which shall be presented to the city council at a regular meeting; the presentation shall include a provision for public comment. Such report shall include the utilization analyses.

(Ord. 6899 § 4 (part), 2002)

The director of human resources shall establish internal auditing and monitoring mechanisms to assure that the city's employment practices meet the requirements of this chapter and the rules and regulations promulgated thereunder.

(Ord. 6899 § 4 (part), 2002)

This chapter may only be enforced by the city. This provision creates no private cause of action within the public. Enforcement of this chapter by the city will not diminish the private enforcement measures currently available under applicable state and federal statutes.

(Ord. 6899 § 4 (part), 2002)

The director of human resources shall promulgate rules and regulations to carry out the provisions of this chapter and shall generate or collect statistics on the representation of those protected classes identified by race and sex within the relevant labor market for various job classification groupings using EEO-4 or similar categories. Such rules and regulations shall be reviewed by the city attorney and the city manager, to assure that they are compatible with the city's personnel practices, the rules and regulations established by the city manager pursuant to Section 2.40.050, and applicable local, state and federal law. Such rules and regulations shall be included in the personnel manual, and shall be issued to all employees upon employment.

(Ord. 6899 § 4 (part), 2002)

A.

The affirmative action officer and the director of personnel and employee relations, in conjunction with each department and agency head of the city's work force under his/her control, shall take positive action to assure that applicants to and employees of the city are fully informed on the city's commitment to affirmative action and equal opportunity employment and the city's affirmative action plan.

B.

All management personnel shall be instructed in the principles and practices of affirmative action and equal opportunity employment and their responsibilities thereunder.

C.

All solicitations or advertisements for applicants for employment placed by or on behalf of the city shall include the following statement: "Equal Opportunity—Affirmative Action Employer."

D.

The affirmative action officer shall prepare an annual report on the progress achieved under the city's affirmative action plan which shall be presented to the city council at 1 of its regular meetings; the presentation shall include a provision for public comment. Such report shall include the utilization analyses, the goals and timetables, the progress made in achieving the goals and timetables, and suggested corrective actions, if any.

(Ord. 6820 § 45 (part), 2000; Ord. 6229 § 2 (part), 1987)

The affirmative action officer shall establish internal auditing and monitoring mechanisms to assure that the city's affirmative action plan meets the requirements of this chapter and the rules and regulations promulgated thereunder, and to assure that the commitments set forth in the plan are met.

(Ord. 6229 § 2 (part), 1987)

This chapter may only be enforced by the city. This provision creates no private cause of action within the public. Enforcement of this chapter by the city will not diminish the private enforcement measures currently available under applicable state and federal statutes.

(Ord. 6229 § 2 (part), 1987)

The affirmative action officer shall promulgate rules and regulations to carry out the provisions of this chapter and shall generate or collect statistics on the representation of those protected classes identified by race and sex within the relevant labor market for various job classification groupings using EEO-4 or similar categories. Such rules and regulations shall be reviewed by the city attorney and the city manager, to assure that they are compatible with the city's personnel practices, the rules and regulations established by the city manager pursuant to Section 2.40.050, and applicable local, state and federal law. Such rules and regulations shall be included in the personnel manual, and shall be issued to all employees upon employment.

(Ord. 6899 § 4 (part), 2002)