Section 4: Affirmative Action Responsibilities

Transcription

1 Section 4: Affirmative Action Responsibilities

2 Affirmative Action Responsibilities The Ohio Department of Transportation (ODOT) has internal and external civil rights programs. The Division of Chief Legal Counsel, Office of Civil Rights manages the internal and external civil rights programs. The Division of Quality and Human Resources, Office of Personnel also manages part of the internal civil rights program. The Affirmative Action Plan represents ODOT s internal civil rights program. The individuals responsible for carrying out ODOT s civil rights programs work in the Office of Civil Rights and the Office of Personnel at Central Office and in conjunction with district personnel. The Office of Civil Rights and the Office of Personnel assist with statewide equal employment opportunity (EEO) training and work collaboratively to handle EEO issues. The Office of Civil Rights investigates complaints of discrimination, harassment (including sexual harassment) and retaliation in violation of Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA), and the Uniformed Services Employment and Reemployment Rights Act of 1995 (USERRA) or Ohio Revised Code The Office of Civil Rights investigates complaints of discrimination, harassment and retaliation based on sexual orientation and gender identity in violation of Ohio s Executive Order S. The Office of Civil Rights also investigates violations of Title VI of the Civil Rights Act of 1964 (Title VI) which prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The Office of Civil Rights is responsible for handling accommodation requests made under the Americans with Disabilities Act. The Office of Civil Rights is also responsible for enforcing ODOT s Anti-Discrimination, Anti-Harassment (including Sexual Harassment), Anti-Retaliation Policy, Americans with Disabilities Act Policy and Title VI Policy. As requested and as needed, the Office of Civil Rights provides training related to these federal and state laws and policies to ensure compliance. Violations of these laws and policies and requests for reasonable accommodation or religious accommodation should be referred to: Kimberly Watson Internal Civil Rights Manager and Title VI Specialist Office of Civil Rights (614) Lori Goddard EEO Program Office of Civil Rights (614) EEO Statewide Toll Free Number: Ohio Relay Service: Trenee Pruitt EEO Program Office of Civil Rights (614) The Office of Personnel is responsible for the Federal Affirmative Action Plan, the State EEO Strategic Plan, diversity recruitment activities, participation on interview panels and monitoring applicant processing on a statewide basis. The Office of Personnel designs, implements and monitors the effectiveness of the affirmative action program to determine where progress has

3 been made and identify where improvements are needed. Annual Quality Assurance Reviews (QARs) are conducted to monitor equal employment opportunity and affirmative action activity throughout the state. The Office of Personnel conducts the review in each district. ODOT s QAR Policy provides, It is ODOT s policy to use a QAR process to ensure organizational units within ODOT adhere to all laws, regulations, policies and standard operating procedures in carrying out the Department s day to day business. The policy is necessary to ensure uniformity and provides support and assistance to remedy areas of nonconformity. To review ODOT s QAR Policy and for more information on Quality Assurance Reviews and other affirmative action program monitoring activities, please refer to the Affirmative Action Program Monitoring section. Questions regarding the Affirmative Action Plan, the EEO Strategic Plan, Quality Assurance Reviews, diversity recruitment, applicant processing and employment data should be referred to: Aisha Powell EEO Program / Affirmative Action Officer Office of Personnel (614) ODOT has a team of individuals that carry out the responsibilities of the internal and external civil rights programs. A brief description of each individual s responsibilities is provided below. A list providing each individual s name, district, office, classification, working title, bargaining unit status, position status and function is included at the end of this section. A table detailing the line of authority between each individual and the agency director is included at the end of this section as well. Description of Responsibilities Affirmative Action Officer The head of the state highway agency should appoint a qualified affirmative action officer/internal EEO officer with responsibility and authority to implement the internal EEO program and this should be a full-time position. (23 CFR 230 C, Appendix A, Part II, Section II (A)(1)) The EEO Regional Program in the Office of Personnel acts as the Affirmative Action Officer for the Ohio Department of Transportation. The responsibilities of this position include: plans and implements EEO and affirmative action programs, plans and policies and monitors Districts for compliance with agency, State and Federal EEO and affirmative action regulations and plans. Directs efforts to achieve State and Federal Affirmative Action Plans by monitoring and assessing attainment of EEO goals in concert with ODOT s Business plan, mission, vision, values and goals. Works with HCM staff and senior management to assess EEO strategies and develop practical, measurable approaches to correct underutilization. Develops

4 reporting techniques to accurately assess District progress. Periodically evaluates available labor market figures to evaluate workforce make up compared to available qualified workers. Develops reports to depict data, trends and desired state. Determines job categories to target for recruitment, retention, promotion and develops strategy in line with labor market. Prepares comprehensive Department of Transportation Affirmative Action plan in line with Federal Highway, Federal and State government rules and objectives. Gathers information and/or conducts EEO investigations into complaints. of the Office of Civil Rights The Affirmative Action Manager 2 in the Office of Civil Rights serves as the office administrator. The responsibilities of this position include: acts for and on behalf of the Director and Chief Legal Counsel by overseeing and directing the Office of Civil Rights in the Chief Legal Counsel Division. Plans and coordinates all statewide programs; develops and implements policies that impact all offices in another political subdivision of state, over which oversight is mandated by federal law. Oversees preparation of Department s directives, letters, policy statements and procedural manuals related to civil rights issues as they pertain to programs sponsored, funded or administered by Department; develops goals and timetables and manages monitoring system for discrimination complaints; oversees investigations of highly complex and/or sensitive discrimination complaints related to Title VI and VII; reviews and assigns discrimination cases to staff; evaluates and tracks state caseload and performance; prepares reports and recommendations based on investigatory findings. Oversees preparation of Title VI plan to Federal Highway (FHWA) standards in order to ensure continued FHWA funding. Identifies, develops and conducts training pertaining to civil rights issues for internal ODOT employees; trains external customers who receive funding from FHWA. Monitors and facilitates contact with community organizations, advocacy groups and government agencies; answers questions from general public; oversees records and preparation of reports; ensures appropriate security and confidentiality of information, records and documents. Internal Civil Rights Manager and Title VI Specialist The EEO Manager in the Office of Civil Rights is the Internal Civil Rights Manager and Title VI Specialist for the Ohio Department of Transportation. The responsibilities of this position include: working under general direction of of Office of Civil Rights, plans and manages Title VI program and supervises investigative support staff. Gathers and analyzes statistical data pertaining to Title VI; investigates highly complex and/or sensitive discrimination complaints related to Title VI; prepares reports and recommendations based on investigatory findings. Oversees Limited English Proficiency Plan (LEP). Maintains Title VI program to Federal Highway (FHWA) standards in order to ensure continued FHWA funding. Conducts training regarding Title VI. Assists in preparation of Department s directives, letters, policy statements and procedural manuals related to Title VI issues as they pertain to programs sponsored, funded or administered by the Department; develops goals and timetables and manages monitoring system for discrimination complaints; represents Department at hearings and meetings.

5 EEO Program The EEO Regional Program in the Office of Civil Rights acts as an informational resource regarding Equal Employment Opportunity (EEO) principles and procedures within the Department. The responsibilities of this position include: responds to technical questions regarding Ohio Revised Code Section 4112, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Employment Opportunity Commission (EEOC), Ohio Civil Rights Commission (OCRC) recommendations, sexual harassment, Title VI and Title VII of the Civil Rights Act of Develops responses to legal inquiries. Develops and conducts training workshops for entities monitored for compliance and employees and supervisors, develops strategies for complying with specific EEO data in effort to monitor and ensure equal participation opportunities for women and minorities. Writes responses to allegations of violations of state and federal anti-discrimination statutes and laws, as well as the Department s policies. Prepares responses to agencies from which formal complaints are received. Meets with complainants to gather information and explain options and complaint process. Investigates complaints by phone or through face-to-face interviews. Documents informal or formal complaint file if one is filed and maintains informal complaint information such as date and nature of complaint. Evaluates information against provisions in order to formulate recommendation and prepare responses to necessary agency on behalf of Department. Maintains complaint files and computerized case database. Testifies in hearings, depositions, arbitrations or other matters arising out of complaints and/or investigations. External Civil Rights Manager The manager of the external civil rights program at the Ohio Department of Transportation manages all phases of project management for the DBE Services Section. The responsibilities of this position include: assists in writing policy, directs, implements and monitors policy and ensures compliance, interprets federal and state laws and regulations, makes recommendations and modifications to facilitate end user compliance to policy, establishes procedures/guidelines for policy compliance, oversees implementation schedule/monitors timelines. Provides performance data and regular progress reports. Supervises DBE Services Section which includes DBE Certification, Goal Setting/Waiver Process on federally funded contracts, serves as a liaison between ODOT and FHWA Civil Rights Specialist and Statewide Prevailing Wage Process. Directly supervises staff. Determines and allocates resources and assists in budget planning. Serves as agency representative for project in public forums and makes project presentations to educate/train end users. Administers statewide DBE Supportive Services program. Oversees technical assistance provided to DBE contractors and departmental personnel. Focuses on testing, monitoring and modification of delivery to end user. Interviews end user to determine needs and expectations and obtains feedback. Manages and negotiates change within assigned project(s); determines need for division of give project into subprojects, distribution of work for subprojects, oversees activities conducted within each sub-project.

6 Community Outreach Liaison The individual who serves as agency community outreach liaison s responsibilities include: acts as ombudsman in the Office of Contracts, DBE Services Section and promotes certification and prequalification of DBE firms in accordance with the Code of Federal Regulations, CFR 49, Part 26 (49 CFR 26). Schedules and conducts one-on-one meetings with certified, newly certified and prospective DBE firms to promote available services, eligibility for prequalification to bid on highway construction and local public agency projects and actively promotes highway construction bidding opportunities. Assists district Jobs and Progress teams with recruitment of DBE firms. Establishes guidelines and time frames for analysis of the DBE program s outreach procedures and operations in order to assess the Department s ability to meet established DBE goals. Coordinates goal setting committee meetings to review federally funded construction contracts in order to set the Department s Disadvantaged Business Enterprise (DBE), Encouraging Diversity Growth and Equity (EDGE) and Local Public Agency (LPA) contract goals per applicable project and to determine dollars to be spent on DBE firms for said projects. Statewide Prevailing Wage The individual who serves as statewide prevailing wage coordinator develops and implements policy for ODOT s prevailing wage program on statewide basis. The responsibilities of this position include: manages prevailing wage activities as they apply to ODOT highway construction contracts subject to prevailing wage laws in accordance with Chapter 4115 of Ohio Revised Code (ORC). Evaluates financial records kept by contractors and ODOT District offices to determine compliance and identify potential areas of improvement in operational efficiency. Develops/implements policies and procedures to adjust ODOT practices statewide as necessary to comply with state and federal wage laws, rules, regulations and procedures and to improve practices. Establishes and updates handbook for use by District personnel regarding enforcement of prevailing wage law. Coordinates, reviews and provides guidance and training to District Prevailing Wage s and other district personnel regarding federal and state labor compliance and departmental policies and procedures, prevailing wage and DBE fraud investigations. EEO The EEO plans and implements Equal Employment Opportunity (EEO) policy for ODOT s statewide EEO contract compliance program and acts as a liaison between Central Office s Office of Civil Rights and District Construction s (EEOCCs). The responsibilities of this position include: manages compliance activities as they apply to ODOT highway construction projects. Develops and implements policies and procedures to adjust ODOT practices statewide as needed to comply with state and federal laws, rules, regulations and procedures and improve practices. Serves as Local Public Agency (LPA)/DBE liaison for Office of Civil Rights with Office of Local Programs, Federal Highway

7 (FHWA) and District EEOCCs to ensure local entities are in compliance with federal regulations regarding LPA program-related contracting responsibilities. Advises management on current EEO compliance laws. Plans and implements DBE Mentor/Protégé program. Establishes and updates handbook on contract compliance enforcement for use by District personnel. Coordinates and provides training to s regarding federal EEO compliance and Departmental policies and procedures., Central Office The in Central Office acts as a liaison between the Office of Civil Rights, District offices, state agencies and other governmental entities regarding contracts with ODOT certified disadvantaged business enterprises (DBEs). The responsibilities of this position include: coordinates Department s statewide functions of federal DBE computerized certification program by providing guidance and assistance and acting as certifying agent for statewide Unified Certification Program (UCP) participants. Reviews DBE applications and all relevant documentation to evaluate information for certification approval and note areas of deficiency. Performs onsite reviews of contractors to assess knowledge of operations and business. Inspects equipment, inventory and structural facilities to determine companies performance capabilities. Provides technical assistance and advice to contractors regarding EEO law and compliance. Resolves irregularities in application documentation and conducts investigations to determine causes of irregularities and discrepancies and identify potential fraud. Investigates third-party and internal complaints regarding DBE contractors. Represents department in external civil rights matters., District Office The in the District Office coordinates and monitors District Equal Employment Opportunity (EEO) contract compliance activities. The responsibilities of this position include: visits work sites to conduct onsite reviews of state contractors to ensure compliance. Reviews daily diaries and logs and takes appropriate action if any labor violations have occurred. Ensures that correct and current wages and EEO information are posted at project sites. Reviews work force statistics, employment procedures and activities, training and recruitment programs and related activities to ensure compliance with EEO laws and regulations. Reviews contractors Affirmative Action Plans and assists with Plan Development as requested. Meets with departmental administrators and employees, unions, contractors, general public and community groups to speak regarding EEO-related problems. Officer The Officer in the District Office reviews and investigates contractors and projects for Equal Employment Opportunity (EEO) action and wage compliance. The responsibilities of this position include: conducts onsite reviews with contractors and employees to ensure fulfillment of contract requirements and commitments; reviews daily diaries and logs;

8 recommends measures and performs follow-up reviews; inspects project bulletin board to ensure correct and current posting of wage and EEO information. Reviews contractors and assists in writing training programs and approving qualified participants; provides contractors with technical assistance regarding labor and contract compliance. Meets with general public, community groups, unions and contractors to identify and resolve EEO-related problems. Transportation Technician 1 The Transportation Technician 1 serves in the same capacity as an or Officer and inspects standard projects to ensure contractor compliance. The responsibilities of this position include: assists in reviewing environmental documents in preliminary development stage for accuracy and compliance to specifications; participates in survey, layout and preparation of traffic signal installations; reviews routine traffic engineering studies and summarizes for engineer; generates cost estimates. Responsible for ensuring contractor compliance with all Equal Employment Opportunity (EEO) rules and regulations are in accordance with contract documents. Conducts yearly EEO compliance reviews for all eligible contractors. Ensures all Disadvantaged Business Enterprise (DBE) contractors are performing a commercially useful function (CUF). Investigates and reports to supervisor on all EEO, CUF, or wage issues. Responsible for ensuring that contractors comply with prevailing wages specified in contracts; conducts training for district construction personnel in conducting wage interviews and other areas of expertise; keeps records of wage interviews and advises district construction office engineer and field supervisor of any deficiencies. Meets with public, governmental officials and property owners to provide information regarding projects; confers with higher level engineer or transportation technicians to resolve unusual problems.

9 Internal and Staff Classifications EEO Staff Member District Office Classification Working Title Position Function Status Status Powell, Aisha R. CO Personnel EEO Regional Program EEO Program / Affirmative Action Exempt Internal EEO Peterson, Michaela J.C. CO Civil Rights Affirmative Action Manager 2* Officer of the Office of Civil Rights Watson, Kimberly A. CO Civil Rights EEO Manager Internal Civil Rights Manager and Title VI Specialist Goddard, Lorinda A. CO Civil Rights EEO Regional Program Pruitt, Trenee L. CO Civil Rights EEO Regional Program Ash, Stephon D. CO Civil Rights Administrative Officer 2 Comings, Lynne D. CO Civil Rights Management Analyst Supervisor 1 Peyton, Jeffery V. CO Civil Rights Management Analyst Supervisor 1 Flynn, Merka I. CO Civil Rights EEO Regional Program Crago, Karen CO Civil Rights Crockett, Sharon D. CO Civil Rights Wicker, Marleise K. CO Civil Rights EEO Program EEO Program External Civil Rights Manager Community Outreach Liaison Statewide Prevailing Wage Exempt Exempt Internal EEO & External EO Exempt Internal EEO Exempt Internal EEO Exempt Exempt Exempt EEO Exempt

10 Habern, Robert G. 1 District Contract Colbert, Deborah A. 2 District Contract North, Linda R. 3 District Contract Aquino, Andrea L. 4 District Contract Gonzalez, Norma G. 4 District Contract Conrad, Melody K. 5 District Contract James, Brenda L. 6 District Contract Chatman, John S. 7 District Contract Shuler, Danette L. 8 District Contract Murray, Lesa K. 9 District Contract Zapata, Joe O. 9 District Contract Matheny, Jill B. 10 District Contract Stein, Kimberly K. 11 District Contract Ferrante, Thomasine 12 District Contract Shepherd, Vanessa 12 District Contract Officer Officer Transportation Technician 1 Officer Officer *Currently serving in an acting capacity

11 Line of Authority