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AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE

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Date Introduced: 9/7/2006
Date Passed:

Sponsors:
Maldonado, Moreno
Co-Sponsors:
Suffredin

Summary:

Codification of the Cook County Equal Employment Opportunity Plan


Activity Log:

9/7/2006
Referred to Finance Committee

Full Text of Legislation:

Transmitting a Communication, dated August 18, 2006 from

ROBERTO MALDONADO, County Commissioner

I am submitting the following ordinance entitled, “Affirmative Action/Equal Employment Opportunity Ordinance,” for the Main Agenda of the September 7, 2006 Cook County Board meeting. I will request that this item be referred to the Committee on Finance for further review and discussion.

Both a preliminary statistical analysis known as the “Cook County Employee Diversity Representation Report,” and a subsequent four year retroactive analysis of the County’s work force (submitted for your review), demonstrate a striking disparity in minority hiring among many of Cook County’s public offices. In an effort to rectify this imbalance in our public work force, I believe it is necessary to codify the “Cook County Equal Employment Opportunity Plan,” the affirmative action policy and procedure of the County.

Submitting a Proposed Ordinance sponsored by

ROBERTO MALDONADO and JOSEPH MARIO MORENO, County Commissioners

Co-Sponsored by

LARRY SUFFREDIN, County Commissioner

PROPOSED ORDINANCE

COOK COUNTY

AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE

PREAMBLE

WHEREAS, the County of Cook, Illinois is a home rule unit of local government pursuant to Article VII, Section 6 (a) of the 1970 Illinois Constitution, and pursuant to the authority therein granted may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, equal employment opportunity is the law of the land, pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, codified at 42 U.S.C. § 2000e et seq.; and

WHEREAS, the policy of the County is to provide equal employment opportunities for persons from all segments of the County community without regard to race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, housing, or any other protected category established by law, statute or ordinance; and

WHEREAS, the Equal Employment Opportunity Coordinating Council’s Policy Statement on Affirmative Action, 41 C.F.R. § 60-3.17, notes in pertinent part: “On the one hand, vigorous enforcement of the laws against discrimination is essential. But equally, and perhaps even more important are affirmative voluntary efforts on the part of public employers to assure that positions in the public service are genuinely and equally accessible to qualified persons, without regard to their sex, racial, or ethnic characteristics. Without such efforts equal employment is no more than a wish;” and

WHEREAS, the President of the Cook County Board of Commissioners has instituted the “Cook County Equal Employment Opportunity Plan” for offices under the President; and

WHEREAS, the Cook County Board of Commissioners desires to codify the affirmative action policy and procedure of the County and to give such policy and procedure the full force of the County's lawmaking powers; and


WHEREAS, the first step in the construction of any affirmative action plan is an analysis of the employer’s work force to determine whether percentages of persons within race, ethnic, gender, or sexual orientation groups in individual job classifications are substantially similar to the percentages persons within those groups who are available in the relevant job market and who possess the basic job-related qualifications; and

WHEREAS, when substantial disparities are found, the next step is to examine each element of the overall selection process to identify elements which operate to exclude persons on the basis of race, ethnicity, gender, or sexual orientation; and

WHEREAS, both a preliminary statistical analysis known as the “Cook County Employee Diversity Representation Report,” and a subsequent four year retroactive analysis of the County’s work force, substantiate a striking disparity in minority hiring among many of Cook County’s public offices.

NOW, THEREFORE, BE IT ORDAINED:

1. Title.

2. Policy and Purpose.

3. Definitions.

4. Administration.

5. Cook County Commission on Human Rights.

6. Duties of the Equal Employment Opportunity Officer(s).

7. Duties of Department Heads.

8. Elected Officials.

9. Employee Conduct.

10. Board of Commissioners.

11. Duties of the Chief of the Bureau of Human Resources.

12. Complaints of Discrimination.

13. Construction of Ordinance.

14. Conflict with Other Ordinance Provisions.

15. Effective Date.

Section 1. Title.

This Ordinance shall be known as the “Cook County Affirmative Action and Equal Employment Opportunity Ordinance” and may be cited as such.

Section 2. Policy and Purpose.

(a) The purpose of this Ordinance is to codify the affirmative action policy and procedure of the County and to give such policy and procedure the full force of the County's lawmaking powers.

(b) The policy of the County is to provide equal employment opportunities for persons from all segments of the County community without regard to race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income housing, or any other protected category established by law, statute or ordinance.

(c) To assist in promoting equal employment opportunities, it is the policy of the County to take affirmative action consistent with law with respect to the hiring, retention and promotion of persons who have historically been discriminated against because of race, ethnicity, and gender to prevent and eliminate discrimination and to balance the County's work force.

Section 3. Definitions.

As used in this Ordinance, the following words have the definitions indicated:

Agency shall mean all departments, commissions, boards and other structural divisions of county government, excluding the offices of separately Elected Officials.


Affirmative action means specific actions in employment which are designed and taken for the purposes of ensuring equal opportunities; identifying and eliminating practices that result in discrimination which produces a substantial disparity between the proportion of qualified members of racial, ethnic, gender, or sexual orientation groups in job groups within county employment, and the proportion of members of racial, ethnic, gender, or sexual orientation groups in the relevant labor pool. Affirmative and direct action is required to make equal employment and promotional opportunities a reality and to correct the effects of past patterns of inequality. The term includes:

(1) enhanced recruitment efforts;

(2) education of all personnel as to prohibited bases of discrimination; and

(3) other action designed to promote employment opportunities for, and increase the retention of, persons historically under-represented in the County’s workforce.

Board shall mean the Cook County Board of Commissioners, unless the context clearly indicates otherwise.

Commission shall mean the Cook County Commission on Human Rights, as established by Cook County Ord. No. 93-O-13, as amended.

EEOP officer shall mean the person designated by the President to serve as the Equal Employment Opportunity Officer for the offices and departments under the authority of the President.

Elected Official shall mean any official, other than the President, who holds county-wide elective office, including the Assessor, the Chief Judge of the Circuit Court, the Clerk of the Circuit Court, the Commissioners of the Board of Review, the County Clerk, the Recorder of Deeds, the Sheriff, the State’s Attorney and the Treasurer.

Employee shall mean any employee of the County departments and agencies under the authority of the President.

President shall mean the President of the Cook County Board of Commissioners.

Protected groups shall include all persons having origins in any of the black African racial groups not of Hispanic origin; Hispanics or all persons of Mexican, Puerto Rican, Cuban, Central or South American culture or origin, regardless of race; Asian or Pacific Islander, all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; American Indian or Alaskan Native; and females.

(1) As used in this subsection (i), American Indian means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

Section 4. Administration.

(a) The Com¬mission shall act as the supervising body for the administration of this Ordinance.

(b) The EEOP officer(s) shall administer the provisions of this Ordinance on a daily basis.

Section 5. Duties of the Commission.

The Commission's duties and responsibilities to administer this Ordinance shall be to:

(a) At the Commission's first meeting in December of each year, review and, if deemed advisable by the Commission, make recommendations for modification of the affirmative action goals and associated timetables for the new fiscal year. After review, the Commission may inform the President and Elected Officials of any recommendations for modifications.

(b) Receive and review progress reports prepared by the EEOP officer(s) pursuant to Section 6 of this Ordinance.

(c) Provide the Board with information regarding all affirmative action matters which affect the County.


(d) Recommend to the Board actions including, but not limited to, the consideration of ordinance amendments, as the Commission deems advisable or necessary to implement the County's affirmative action plan.

Section 6. Duties of the Equal Employment Opportunity Officer(s).

The EEOP officer's duties and responsibilities shall be to:

(a) Develop, in cooperation with the President, the Commission and the heads of county agencies, goals and associated timetables for the affirmative action plan. Such goals and timetables are to be developed pursuant to federal guidelines found in part 60-2 and 60-3 of Chapter 60 of Title 41 of the Code of Federal Regulations, 41 C.F.R. Parts 60-2 & 60-3.

(b) Gather, review and analyze data which shall include, but not be limited to, the following information concerning the County's work force:

(1) Available job slots.

(2) Recruitment policies.

(3) Selection and replacement procedures.

(4) Testing procedures.

(5) Training programs.

(6) Promotional policies and procedures.

(7) Transfer policies.

(8) Compensation policies.

(9) Layoff, recall and termination policies.

(10) Procedure for disciplinary action.

(11) Availability of supportive programs.

(c) File a written progress report with the Commission in December of each year which shall include, but not be limited to:

(1) The goals, timetables and date described in subsections (1) and (2) of this section;

(2) The progress which has been achieved in implementing the goals and timetables of the affirmative action plan;

(3) Totals of all persons hired, promoted, transferred, demoted, suspended, terminated, interviewed and/or rejected, indicating the number of such persons who are members of specific protected groups.

(4) A description of recruitment and training programs instituted to achieve the objectives of the affirmative action plan.

(5) A summary of supportive programs provided to resolve or prevent problems.

(d) Be responsible for the implementation and coordination of the County's affirmative action plan.

(e) Refer complaints of discrimination to the Commission pursuant to the Human Rights Ordinance, Cook County Ord. No. 93-O-13, as amended.

(f) Supervise the preparation of all required state and federal affirmative action reports on County programs.

(g) Coordinate affirmative action activities with county departments and agencies and with the Bureau of Human Resources in implementing the County's annual affirmative action plan goals and timetables.


Section 7. Duties of Department Heads Under Authority of President.

The duties and responsibilities of the heads of departments and agencies under authority of the President shall be to:

(a) Carry out the provisions of the Human Resources Ordinance, Cook County Ord. No. 92-O-54, as amended, without regard to whether or not any certified applicant is a member of a protected group.

(b) Develop and submit an annual departmental or agency affirmative action plan with recommended goals and associated timetables to the EEOP officer.

(c) Work in coordination with the EEOP officer to monitor and attain affirmative action goals.

(d) Submit semi-annual progress reports of affirmative action goal attainment to the EEOP officer.

(e) Assist the Chief of the Bureau of Human Resources and the EEOP officer to promote the attainment of affirmative action goals.

(f) With the assistance of the EEOP officer, administer those sections of the County's annual goals and timetables pertaining to the specific agencies.

Section 8. Elected Officials.

The duties and responsibilities of the Elected Officials shall be to:

(a) Prepare and submit all reports concerning employee diversity as may be required under the laws of the State of Illinois or of the United States.

(b) Appoint an EEOP officer, if determined appropriate by the Elected Official, with duties similar to those set forth with respect to the County’s EEOP officer in Section 6 of this Ordinance.

(c) The Elected Official may elect to:

(1) Direct that Elected Official’s EEOP officer to utilize the provisions of Section 7 of this Ordinance, except that the Elected Official’s Human Resources Department shall be substituted for the County’s Bureau of Human Resources.

(2) Adopt the standards set forth in Section 9 of this Ordinance for application within the Elected Official’s office.

(3) Require the head of the Elected Official’s Human Resources Department to perform the functions and follow the procedures set forth in Section 11 of this Ordinance.

Section 9. Conduct of County Employees Under the Authority of the President.

An employee shall strive to maintain harmonious relations with other employees and to that end all employees should remain respectful of individual differences including differences based upon another employee's membership in a protected group. An employee's or supervisor's overt conduct to the contrary shall be grounds for disciplinary action (including, but not limited to, dismissal) pursuant to section 4 (13) of the Human Resources Ordinance, Cook County Ord. No. 92-O-54, as amended, and rules promulgated thereunder.


Section 10. Board of Commissioners.

The Board shall promote the goals of affirmative action to the fullest extent possible and shall consider such goals when approving board, committee and commission appointments of the President and when ratifying union contracts.

Section 11. Duties of the Chief of the Bureau of Human Resources.

The duties and responsibilities of the Chief of the Bureau of Human Resources pursuant to this Ordinance shall be to:

(a) Implement job recruitment programs and attempt to achieve the goals of the County's affirmative action plan.

(b) Inform and seek support from representatives of protected groups of the County's affirmative action program.

(c) Review testing, selection, recruitment, promotion and placement policies and practices to ensure compliance with the uniform guidelines on employee selection procedures found in Part 60-3 of Title 41 of the Code of Federal Regulations, 41 C.F.R. Part 60-3.

(d) Consistent with this Ordinance, develop procedures to establish career ladders between non-management and management positions for County employees, with specific emphasis on those who are members of a protected group who may be qualified for promotion.

(e) Use best efforts to comply with goals and timetables of the County's affirmative action program.

(f) Inform the members of all oral examination boards of the affirmative action program and make every attempt to ensure that the composition of such boards includes members of protected groups.

(g) Provide and maintain in its current employee rules and regulations a statement of the policy and purpose of the affirmative action plan.

Section 12. Complaints of Discrimination.

Complaints alleging discrimination shall be filed with the Commission pursuant to the Human Rights Ordinance, Cook County Ord. No. 93-O-13, as amended, or appropriate State or Federal body, pursuant to applicable State or Federal law.

Section 13. Construction of Ordinance.

The provisions of this Ordinance shall not be construed to create rights in any person. The Ordinance shall not be construed to require enhanced employee recruitment efforts as part of the County's affirmative action goals to be undertaken with respect to other than race, ethnicity, and gender.

Section 14. Conflict with Other Ordinance Provisions.

The provisions of the Ordinance shall prevail in the event portions of an affirmative action plan undertaken pursuant to this Ordinance conflict with provisions in the Human Resources Ordinance, Cook County Ord. No. 92-O-54, as amended, the Rules promulgated there under, and the Human Rights Ordinance, Cook County Ord. No. 93-O-13, as amended.

Section 15. Effective Date.

This Ordinance shall be effective immediately upon passage.


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