Equal Employment Opportunity » Division Of Equal Employment Opportunity 2014 Year In Review

Division Of Equal Employment Opportunity 2014 Year In Review

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DIVISION OF EQUAL EMPLOYMENT OPPORTUNITY
2014 YEAR IN REVIEW 

The County of Erie, Division of Equal Employment Opportunity (Division of EEO) is, in part charged with developing and administering Equal Employment and Affirmative Action Programs pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 and in accordance with the laws of New York State and the County of Erie. Services and programs are provided for the benefit of all County residents without regard to race, color, national origin, sex, religion, age, disability, genetic information, sexual orientation, gender identity or reprisal in any employment action including recruitment, hiring, advancement, promotion, compensation or termination. 

Mission Statement

The mission of the Division of EEO is to help build an inclusive workforce in an environment that fosters dignity and respect for the individual through a diverse workforce that reflects a changing world and marketplace. The Division of EEO monitors business and economic development opportunities for minority and women owned businesses.

There are two major EEO services: (1) complaint counseling and investigation; (2) affirmative action administration.

Complaint Counseling and Investigation

Informal and formal procedures have been developed to insure fairness and consistency in the County of Erie’s employment program with its employees.

Program and Service Objective #I: Effectively implement informal and formal procedures to insure fairness and consistency in EEO counseling and complaint processing. These procedures are designed for the opportunity to resolve complaints internally. In no way duplicates or circumvent other options available to claimants.

Outcome of Service Objective #I: The Division of EEO has provided information to all Departments on updated complaint procedures and has delivered an Affirmative Action Plan to all Departments (hard copy) plus has the most current updated Affirmative Action Plan posted on the County of Erie, Department of EEO website.

Program and Service Objective #II: Counsel and investigate harassment, discrimination and retaliation complaints and those arising out of personnel problems that relate to equal employment opportunity. Support and encourage departments to utilize Labor Relations, union complaint processes and training of managers/supervisors. Maintain confidential, efficient case files and electronic documentation.

Outcome of Service Objective #II: The Division of EEO provides effective and timely processing of EEO pre-complaints and when needed effective and timely investigation of EEO formal complaints. The number of informal complaints processed within the 30 to 60 day time frame for the year 2014 equal 25. There were 20 informal complaints where the complainant was provided a notice of right to file a formal complaint and they elected to not file a formal complaint. Two informal complainants elected to utilize their option to file a complaint with the New York State Division of Human Rights. One informal complainant elected to retract their complaint altogether. The number of formal complaints timely accepted and processed, compared to the number received equal 25. The Division of EEO issued 3 Agency Decisions – Dismissals. The Division of EEO has identified 4 complaint investigations that were concluded prior to May 2012 with no agency decision issued. These 4 are still under review for a final agency decision. The Division of EEO continues to assist the County Attorney’s office with supporting documentation when an EEO complaint is received from an outside organization (i.e. New York State Division of Human Rights and/or the Equal Employment Opportunity Commission). Feedback from County Attorney’s office has been favorable and appreciative. The Division of EEO maintains confidential, efficient case files and electronic documentation.

Program and Service Objective #III: Collect, compile and record data, provide information and file required reports to federal, state and local authorities pertaining to the statistical profile of Erie County Workforce and when needed EEO complaints. Outcome of Service Objective #III: The County of Erie, New York was not required to submit an EEO4 report for the operating year 2014. The Division of EEO did conduct a review of the workforce as of October 21, 2014. The data is provided below:

Total Full- Time Workforce: 4132/100%

Males: White = 1870/ 45.3%; Black = 107 / 2.6%; Hispanic = 52/1.7%; Asian = 9/0.2% and American Indian = 10/0.2%. 

Females: White = 1741/42.1%; Black = 247/6.0%; Hispanic = 77/1.8%; Asian = 12/0.3% and American Indian = 7/0.2%.

Other than Full Time Employees (Including Temporary Employees): 1057/100%

Males: White = 416/39.4%; Black = 68/6.4%; Hispanic = 12/1.1%; Asian = 3/0.3%; and American Indian = 0/0%.

Females: White = 479/45.3%; Black = 62/5.9%; Hispanic = 10/0.9%; Asian = 2/0.2%; American Indian = 5/0.5%. 

New Hires during Fiscal Year (Permanent full time only): 298/100%

Males: White = 131/44.0%; Black = 5/1.7%; Hispanic = 6/2.0%; Asian = 1/0.3%; and American Indian = 0/0%.

Females: White = 124/41.6%; Black = 20/6.7%; Hispanic = 8/2.7%; Asian = 2/0.7% and American Indian = 1/0.3%

The Statistical Profile of Erie County EEO complaints are:

County employees submitted a total of 25/100% complaints (informal and formal) in 2014.

  • 20/83.3% complaints ended at the informal-complaint stage and of that number:  20/72% informal-complainants received a Notice of Right to File a Formal Complaint but did not take any action with the County or outside agency as of this report. 
  • 2/.08% informal-complainant received a Notice of Right to File a Formal Complaint and did so with the New York State Division of Human Rights. 
  • 1/.04% informal-complainant withdrew their complaint via letter.

3/12% formal complaints were received and of that number: 

  • 3/100% Agency Decisions (Dismissals) were issued. 

Agency Decisions on Past Complaints:

The Affirmative Action Plan promulgated by the County not only illustrates compliance with federal and state law, but it also reflects the process of how the County will deal with its legal obligation to promptly and thoroughly investigate issues of harassment and discrimination. The County prepares and issues agency decisions regarding any outstanding EEO complaints albeit even after an extended period of time. Issuing determinations and properly closing out the files ensures that the County is investigating and taking actions with every complaint. This action, meeting legal compliance; points to the County of Erie’s goal toward achieving a Model EEO Program.

There were 9 past complaints from previous administrations, of that number 5 have been officially closed with agency decisions to dismiss and 4 are pending review for agency decisions.

Key Performance Indicator Measures

Number of informal complaints processed within the 30 – 60 day timeframe compared to the number received. Performance goal of 88% was met and exceeded.

Number of formal complaints timely accepted and processed compared to the number received. Performance goal of 93% was met.

Agency decision issued within the 180 – 210 day timeframe. Performance goal of 93% was met and exceeded.

Provide EEO and diversity briefings to department supervisors and managers. Performance goal of 100% was partially met*. *(Partially met: indicates that at least half the activities targeted for completion were achieved and we are still working on scheduling the remainder for completion.)

Priorities for 2014 were:

  • Provide information to all Departments on updated procedures; provide effective and timely processing of EEO pre-complaints; provide effective and timely investigation of EEO formal complaints; and provide required refresher training for investigators.

These priorities were addressed and achieved for calendar year 2014.  

Affirmative Action Administration

Program Description

It is the County of Erie’s commitment to provide and assure that equal opportunity is extended to all persons in employment and contracting matters without regard to race, color, national origin, sex, religion, age, disability, genetic information, sexual orientation, gender identity, or reprisal. The Affirmative Action Plan for Equal Employment Opportunity is established to affirm, strengthen and reinforce the County of Erie’s commitment to equal opportunity. Each County department which lets contracts for supplies, services or construction shall take affirmative steps to provide minority and women business enterprises every feasible opportunity to bid on county contracts. The Division of EEO has the responsibility of administering the monitoring program for the County of Erie and its Affirmative Action Plan. During the monitoring of an organization, the Division of EEO shall receive the full cooperation of the Contracting Agency in dealing with organizations needing improvements.

Program and Service Objectives

Program and Service Objective #I: Implement and monitor the Erie County Affirmative Action Plan. Assure that County of Erie residents receive equal treatment when seeking employment or attempting to do business with the County.

Outcome of Service Objective #I: The County of Erie’s Affirmative Action Plan is being received and implemented at the Department levels. The Director of EEO continues to hold meetings with Department supervisors and managers to discuss the AAP goals and objectives. The Division of EEO continues to assist Departments in their efforts to cast the wide net when seeking applicants for employment and provide assistance when Erie County residents are attempting to do business with Erie County. 

Program and Service Objective #II: Assist minority and women owned business enterprises in acquiring County construction, purchase and service contracts and expand their business participation in County contracts. Monitor the utilization of bona fide minority and woman owned businesses on County contracts for professional, technical and other consultant services.  

Outcome of Service Objective #II: The Division of EEO issues notices of bid opportunities to minority and women owned businesses identified in the County of Erie data base. Business owners are reminded that their efforts to seek out opportunities are critical and should be a recurring step in their business plan. The Division of EEO conducted at least 64 job site visits during the 2014 construction season to monitor the utilization of minority and women owned businesses and apprentices on County contracts. We monitored the use of minority and women businesses on professional, technical and consultant services contracts too.

Program and Service Objective #III: Monitor the County of Erie hiring and promotional activities for the purpose of maintaining a workforce in all job group categories which generally reflect the demographic characteristics of the County’s population.

Outcome of Service Objective #III: The Director of EEO makes every effort to address this matter with department heads and make recommendations for casting a wide net when searching for job candidates and making decisions based on legal job qualifications and an opportunity for diversity. Individual department reviews are conducted using the EEO-4 statistics to identify and document areas of conspicuous absences.

Priorities for 2015

  • Research, Develop and Submit the County’s EEO – 4 Report 
  • Take proactive steps to create a model EEO program within the County of Erie. 
  • Continue to hold advisory board meetings. 
  • Market the joint County/City MWBE Certification Program, highlight features and advantages. 
  • Ensure timely preparation and issue of quarterly reports to NYS Environmental Facilities Corporation for Division of Sewer Management. 
  • Promote the utilization of the New MWBE FAST TRACK Agreement between the JCC and New York State Empire Development Corporation. 
  • Promote and monitor Executive Order #13 for the Equal Pay Act. 
  • Promote the use of Title VI Law on Federally Funded Projects. 
  • Provide EEO Refresher Training for Counselors and Investigators.  

Key Performance Indicator Measures

Number of meetings to monitor good faith compliance of County Affirmative Action Plan and EEO related matters. The goal of 70 meetings was well exceeded by up to another 5 meetings for a yearly total of 75.

Number of new MWBE certified businesses with the County of Erie and City of Buffalo Joint Certification Process. There was a 6% decrease in the number of MWBEs during the year 2014. We started with 287 certified MWBEs and ended at 269 certified MWBEs. There are currently 272 certified MWBEs as of January 2015.

Percentage of County contracts received by Minority and Women Business Enterprises:

The Department of Purchase reports 2014 Minority & Women Vendor Usage as:

Minority Vendors $1,611,429.00/5.3% and Women Vendors $2,965,705.00/9.7%; there is a value of $74,492.00 for Veteran Vendors. Total Purchase Department POs for 2014 equals $30,536,275.00.

The Department of Public Works reports 2014 Capital Projects for Highways as:

Subject report is currently being developed in conjunction with the Department of Public Works.

The Department of Public Works reports 2014 Capital Projects for Building and Construction as:

Subject report is currently being developed in conjunction with the Department of Public Works.

The following Ralph Wilson Stadium (RWS) project status is provided:

A special report received for the RWS project. It identifies excellence in exceeding the 23% goal for Minority and Women Business Enterprises (MWBE) participation set by the project contract. This report includes excellence in exceeding the workforce and apprenticeship goals too. This RWS report is as of November 30, 2014 and identifies the following achievements:

This RWS report is, as of, November 30, 2014. The following information was gleaned from the actual document.

Business Utilization Goals:

Summary totals = Overall Goal 23% combined actual achievement equals 34.55% total dollar amount equals $34,031,809.44.

Minority Goals = 13% actual achievement equals 16.08% with dollar amount totaling $15,841,186.25.

Women Goals = 10% actual achievement equals 18.47% with dollar amount totaling $18,190,623.19.

Workforce Utilization Goals

Minority Goals = 13.20% actual achievement equals 15.96% with hours worked totaling 94,458.83.

Female Goals = 6.90% actual achievement equals 8.00% with hours worked totaling 47,347.75.

Apprentice Goals = 10% actual achievement equals 13.63% with hours worked totaling 80,648.75.

All potential change orders will be accommodative of MWBE requirements once fully executed.
All prime contractors are aware of the project parameters. 

The Ralph Wilson Stadium lease project came in on time, on target, exceeded the MWBE, Workforce and Apprenticeship goals and within budget.

Projects for 2014 include the Annual Capital Improvement Allowance report is currently being developed in conjunction with Department of Public Works.

The Erie Community College (ECC) Science, Technology, Engineering and Math (STEM) Building project is currently in the Architect and Engineering phase. Proposals are being reviewed and discussed. The MWBE goals for the A&E project goals are 20% total with a breakout of 13% minority and 7% women participation.  

Reports of 2014 Achievement:

The County of Erie, Division of EEO in conjunction with the County of Erie and City of Buffalo Joint Certification Committee (JCC) and the New York State Empire State Development Corporation, Division of Minority and Women Business Development (DMWBD) has reached a FAST TRACK agreement for JCC certified businesses to quickly achieve certification with New York State. The effort was underway prior to this administration. The agreement became effect on November 18, 2014.

Projected 2015 Activities:

The following activities are on the drawing board or currently implemented: 

  • Develop and Implement the Monitoring Process for the Equal Pay Act Executive Order Number 13. 
  • Teaching for the County’s Supervisory Training Program. 
  • Provide the MWBE and Workforce Monitoring support for the ECC Stem Building Project. 
  • Continue Implementation of the Apprenticeship Training Law 
  • SUNY Buffalo State Small Business Development Center, provide MWBE Presentation as Guest Program Speaker. 
  • Prepare for the 2015 Erie County Fair.

The County of Erie continues its efforts to achieve a Model EEO Program. A program that values: 

  • Demonstrated commitment from its leadership 
  • Management and program accountability 
  • Integration of EEO into its Strategic Plan 
  • Proactive prevention of unlawful discrimination 
  • Efficiency 
  • Responsive and meets legal compliance

Affirmative action on County Contracts is still a goal stipulated by the laws in Erie County. The MWBE Advisory Board continues to work and identify avenues for greater MWBE participation.