Locally Operated Transit Systems (LOTS) Manual Training EEO - Title VII REQUIREMENTS
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1 Locally Operated Transit Systems (LOTS) Manual Training EEO - Title VII REQUIREMENTS Equal Employment Opportunity (EEO) Carolyn R. Brown MTA Office of Fair Practices March 26,
2 Equal Employment Opportunity (EEO) Laws The Federal Transit Laws, 49 U.S.C. 5332(b), provide that "no person in the United States shall on the grounds of race, color, religion, national origin, sex, or age be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any project, program or activity funded in whole or in part through financial assistance under this Act." 2
3 Equal Employment Opportunity (EEO) Laws Title VII of the Civil Rights Act of 1964 prohibits race, color, national origin, religion, and sex discrimination in employment Employment discrimination is also covered by Title VI if Federal financial assistance is provided for the purpose of employment, or if employment discrimination results in discrimination against program beneficiaries. Limited English Proficiency (LEP) provisions would apply in this case Titles I and V of the Americans with Disabilities Act of 1990 (ADA) prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments 3
4 Equal Employment Opportunity (EEO) Laws Must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, disability or age Includes all aspects of employment including, but not limited to: Hiring and firing Testing Recruitment Promotion 4
5 Equal Employment Opportunity (EEO) Requirements Requirements for actions and reporting depend on Federal Thresholds Requirements are for LOTS that both: employ 50 or more transit-related employees (including temporary, full-time or part time employees either directly employed and/or through contractors) and receive in excess of $1M in capital and operating assistance or in excess of $250,000 in planning assistance in the previous fiscal year Status could change year-to-year. MTA Office of Fair Practices will contact LOTS that meet thresholds when grant awards are made and work with you to ensure compliance 5
6 Equal Employment Opportunity (EEO) LOTS meeting Federal thresholds must: 6 Designate an EEO Officer Reports directly to CEO Avoid potential conflict of interest Develop a formal EEO Plan that includes: EEO Statement of Policy Workforce Analysis underutilized areas EEO Goals and Timetables Assessment of Employment Practices past and proposed remedies Outreach Efforts and LEP Provisions Monitoring and Reporting System
7 Equal Employment Opportunity (EEO) Statement of Policy Requirements All LOTS that meet thresholds must: Develop written EEO statement of policy for nondiscrimination against employees and applicants, vendors and contractors (signed & dated by CEO) Include the responsible EEO Officer Must include the seven (7) paragraphs on Page III-1, 2(a) of the circular 7 Must be place in conspicuous and accessible locations so employees and applicants are aware of the agency s EEO commitment.
8 Equal Employment Opportunity (EEO) All LOTS that meet thresholds must: Develop policy and procedures for making reasonable accommodations for persons with disabilities upon request unless undue hardship 8
9 Equal Employment Opportunity (EEO) Plan Submission Formal EEO Plan submittal: MTA/FTA Approval Submit to MTA Office of Fair Practices Update every 3 years or sooner if major changes occur in work force or employment conditions (e.g., major layoffs) This requirement would apply to private contractors that meet the Federal thresholds. LOTS are responsible for oversight 9
10 For more information Section 13 of LOTS Manual FTA EEO Circular, C , Equal Employment Opportunity Program Guidelines for Grant Recipients (1988) U.S. Equal Employment Opportunity Commission (EEOC) - Job Accommodation Network (ideas and technical assistance for accommodating people with disabilities at the workplace) - MTA Office of Fair Practices
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