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HomeMy WebLinkAboutMINUTES - 05072013 - D.2PDF Return D.2 To: Board of Supervisors From: David Twa, County Administrator Date: May 7, 2013 Contra Costa County Subject:COUNTY'S EQUAL EMPLOYMENT OPPORTUNITY PROGRAM APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/07/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:DAVID TWA (925) 335-1086 cc:County Administrator Affirmative Action Officer County Counsel I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 7, 2013 David Twa, BY:June McHuen , Deputy RECOMMENDATION(S): 1. ACKNOWLEDGE the County’s efforts to ensure that the County work force reflects the diversity of the County, and to provide equal employment opportunities for all qualified persons seeking employment with the County and districts governed by the Board of Supervisors. 2. ESTABLISH the Hiring Outreach Oversight Committee. This will be a standing committee of the Board of Supervisors composed of two Board members. This committee will review the statistical data of minorities and females in the County’s work force and make recommendations to target outreach and recruitment. APPOINT two Board members to serve on the Hiring Outreach Oversight Committee. RECOMMENDATION(S): (CONT'D) 3. DIRECT the Human Resources Department to continue to review the minimum qualifications of all job classifications and hiring practices to ensure that they provide for diversity and equal employment opportunity; evaluate ways in which the diversity of the County work force can be improved; and work with the Hiring Outreach Oversight Committee to improve the County’s outreach efforts. 4. FIND that the 1973 Consent Decree, entered in the United States District Court (Northern District) case of Croskrey v. County of Contra Costa (No. C-73-1967) is no longer necessary for the purposes of ensuring equal employment opportunities with this County. 5. DIRECT the County Counsel’s Office to file a motion in the United States District Court to vacate the Consent Decree. FISCAL IMPACT: All of the County’s responsibilities under the Consent Decree are monitored by a legal firm, Price & Associates. The cost of this monitoring varies between $490.00 to $530.00 per hour and costs the County $30,000 to $50,000 per year. This cost does not include the staff time spent compiling information and responding to requests from the outside monitor. Since 2001, the County has spent over $500,000 to monitor the County’s compliance. If the County terminates the Consent Decree, it would no longer be required to pay fees to be monitored. BACKGROUND: In 1975 the County agreed to implement an equal employment opportunity program as articulated in a consent decree filed in the United States District Court (Northern District) case of Croskrey v. County of Contra Costa (No. C-73-1967) (“Consent Decree”). A copy of the Consent Decree is attached as Attachment A. Over the last 38 years, the County has met and exceeded the goals of the Consent Decree. Today, the County work force consists primarily of females and minorities. Females and minorities are not concentrated in low paying jobs without opportunity for advancement. Females and minorities are not denied job training that could lead to advancement. Females and minorities are employed in all occupational categories and at all levels of County government. Females and minorities are now doing the hiring and promoting. Three members of the Board of Supervisors are female. Since the date the Consent Decree was filed, the County has hired and maintained an Affirmative Action Officer, now designated as the Affirmative Action \ Equal Employment Opportunity Officer, a full-time County employee who is assigned to administer the County’s equal employment opportunity program. The primary duties of the Affirmative Action \ Equal Employment Opportunity Officer are: (1) to develop, implement and monitor Contra Costa County’s equal employment opportunity program; (2) to mediate and investigate discrimination complaints; (3) to identify artificial barriers to employment; (4) to interact with community groups, organizations, and the Contra Costa County Advisory Council on Equal Employment Opportunity; (5) to assist the Department Affirmative Action Coordinators; (6) to ensure compliance with federal and state EEO laws; (7) to counsel and assist department personnel on equal employment matters; and (8) to develop and implement programs to promote diversity in the County work force. The Affirmative Action \ Equal Opportunity Officer reports directly to the County Administrator, who reports to the Board of Supervisors. All of the County’s responsibilities under the Consent Decree are monitored by an outside legal firm, Price & Associates. The Consent Decree requires the County to provide the outside monitor with information about whether certain job classifications has imbalances in the number of females or minorities employed and what action will be taken to cure the imbalance. The County is required to respond to the monitor’s requests for a review of the minimum qualifications or the examination of any County classification where an imbalance exists. The County must also supply the monitor with a numerical breakdown of each female and minority employed in each job classification and information about separations from County employment. Apart from its responsibilities under the Consent Decree, the County has established policies and practices that far exceed the requirements of the Consent Decree. Below is a partial list of significant County policies and practices: • The County established an Affirmative Action Advisory Council • The County established a Disability Program. • The County maintains Affirmative Action Coordinators in every department. The Affirmative Action Coordinators are liaisons to the County Affirmative Action \ Equal Employment Opportunity Officer, and a resource for employees in their respective departments. • The County has an Americans with Disabilities Act Coordinator who works with employees with disabilities. • County Personnel Management Regulations expressly prohibit unlawful discrimination and provide an administrative appeal for county employees who believe they have been subject to unlawful discrimination. • The County has written non-discrimination and anti-harassment policies, practices and procedures as described below. County regulations and policies permit an employee to: (1) file a complaint of unlawful employment discrimination with their supervisor or the Department Affirmative Action Officer; (2) file a complaint directly with the County Affirmative Action \ Equal Employment Opportunity Officer; or (3) file a complaint with the Contra Costa County Merit Board. The supervisor, the Department Affirmative Action Officer, and the County Affirmative Action \ Equal Employment Opportunity Officer are authorized to investigate and resolve complaints and may also refer the employee to the Contra Costa County Merit Board to request a hearing on the matter. These policies and practices create a comprehensive system to support the County’s equal employment opportunity program. In addition to County policies and procedures federal and state laws provide employees with protection from discrimination. Over the last 38 years, since the Consent Decree was filed, an abundance of legal protections and remedies have been enacted at the federal, state and local level to protect employees from unlawful employment discrimination. The legal landscape has expanded in the following ways: (1) employer liability has grown; (2) employers are required to proactively prevent harassment and discrimination in the workplace; (3) employers can be held liable for retaliation; and (4) remedies for employees who have experienced unlawful employment discrimination have increased. Discrimination in the workplace is a barrier to equal employment. The purpose of the laws discussed above is to eradicate unlawful employment discrimination and to ensure a workplace free from discrimination. The Consent Decree no longer has a meaningful role in the County’s Equal Employment Opportunity Program. The County does not require the services of an outside law firm to monitor its commitment to equal employment opportunity. As evidenced by the 2010 census, the County has an effective equal employment program that largely reflects the diversity of the County. In 1975 the County work force was 65% male and 83% Caucasian. Today, 66% of County employees are female and 51% of County employees are minorities. A copy of the complete data is attached as Attachment B to this Board Order. Below is a partial list of the statistical changes that have occurred since 1975: • In 1975, females were 15% of Officials/Administrators employed by the County. Today, females are 62% of the County’s Officials/Administrators. • In 1975, minorities were 4% of the County’s Officials/Administrators. Today, minorities are approximately 39% of the County’s Officials/Administrators. • In 1975, females were 49% of the Professionals employed by the County. Today, they are 69% of the Professionals employed by the County. • In 1975, minorities were 7% of the Professionals employed by the County. Today, minorities are 47% of the Professionals employed by the County. • In 1975, females were 3% of the Protective Service Workers (Sworn) employed by the County. Today, females are 13% of the Protective Service Workers (Sworn) employed by the County. • In 1975, minorities were 4% of the Protective Service Workers employed by the County. Today, minorities are approximately 29% of the Protective Service Workers employed by the County. • In 1975, females were 57% of the Technicians employed by the County. Today, females are 62% of the Technicians employed by the County. • In 1975, minorities were 14% of the Technicians employed by the County. Today, minorities are approximately 57% of the Technicians employed by the County. Despite this positive trend, the County can and will do more to reach out to those communities where the County work force is not reflective of the diversity of the County. We view this to be the first order of business for the Affirmative Action \ Equal Employment Opportunity Officer and the Hiring Outreach Oversight Committee as we move into the future. CLERK'S ADDENDUM Speaker: Bob Britton, IFPTE Local 21. ADOPTED recommendations as presented; APPOINTED Supervisors Gioia and Glover to serve on the Hiring Outreach Oversight Committee. AgendaQuick©2005 - 2022 Destiny Software Inc., All Rights Reserved 1 CONTRA COSTA COUNTY WORK FORCE DATA 1975 County Work Force compared to 2012 County Work Force Category 1975 Overall Countywide Data for County Employees 1 2012 Overall Countywide Data for County Employees Male 65.0% 34.0% Female 35.0% 66.0% Caucasians 83.0% 49.0% African-Americans 7.0% 17.0% Hispanics 8.0% 17.0% Asians 2.0% 16.0% Native Hawaiians/Pacific Islanders Data unavailable 0.6% American Indians/Alaskan Native Data unavailable 0.7% 2012 County Work Force compared to 2010 County Labor Force Category 2012 Overall Countywide Data for County Employees 2010 Overall Countywide Labor Force (Census Data) 2 Males 34.0% 53.0% Females 66.0% 47.0% Caucasians 49.0% 51.0% African-Americans 17.0% 9.0% Hispanics 17.0% 22.0% Asians 16.0% 15.0% Native Hawaiians/Pacific Islanders 0.60% 0.50% American Indians/ Alaskan Native 0.70% 0.30% 1The County Employee data is based upon self-reporting by County employees. 2The Labor Force (Census) data is based upon all individuals who live in the County and are 16 or over. 2 Data by Occupational Categories The Consent Decree does not require the County to track the County Work Force by occupational category. However, in order to assess its growth by occupation, the County has divided its Work Force into 8 occupational categories: (1) Officials/Administrators; 2) Professionals; (3) Technicians; (4) Protective Service Workers Sworn; (5) Protective Service Workers Non-Sworn; (6) Administrative Support; (7) Skilled Craft Workers; and (8) Service Maintenance. Each chart shows a comparison of two issues: (1) the 1975 County work force data compared to the 2012 County work force data; and (2) the 2012 County work force data to the 2010 Countywide data. The “Officials and Administrators” grouping includes County employees in the following job categories: Department Heads, Division Chiefs, Directors, Assistant Directors, and Deputy Directors. 1. Officials/Administrators Officials/Administrators 1975 County Employee Data for Officials and Administrators 2012 Overall Countywide Data for County Employees 2010 Overall Countywide Labor Force (Census Data) Males 85.0% 38.0% 58.0% Females 15.0% 62.0% 42.0% Caucasians 92.0% 61.0% 66.0% African-Americans 2.0% 13.0% 7.0% Hispanics 2.0% 11.0% 10.0% Asians Data unavailable 14.0% 14.0% Native Hawaiians/ Pacific Islanders Data unavailable 0% 0.50% 3 3. Technicians The “Technicians” grouping includes County employees in the following job categories: Computer Operators, Engineering Technicians, Network Technicians, Information Systems Technicians, Laboratory Technicians, and Eligibility Workers. Technicians 1975 County Employees Data for Technicians 2012 County Employees Data for Technicians 2010 Labor Force (Census Data) for Technicians Males 43.00% 38.00% 51.00% Females 57.00% 62.00% 49.00% Caucasians 84.00% 43.00% 51.00% African-Americans 10.00% 18.00% 7.00% Hispanics 4.00% 19.00% 10.00% Asians Data unavailable 18.00% 27.00% Native Hawaiians/ Pacific Islanders Data unavailable 0.80% 0.20% American Indians/ Alaskan Natives Data unavailable 0.80% 0.60% American Indians/ Alaskan Natives Data unavailable 0.40% 0.40% 2. Professionals The “Professionals” grouping includes County employees in the following job categories: Physicians, Attorneys, Librarians, Registered Nurses, Accountants, Management Analysts, and Psychologists. Professionals 1975 County Employees Data for Professionals 2012 County Employees Data For Professionals 2010 Labor Force (Census Data) for Professionals Males 51.0% 31.00% 46.00% Females 49.0% 69.00% 54.00% Caucasians 89.0% 52.00% 60.00% African-Americans 5.0% 15.00% 7.00% Hispanics 2.0% 11.00% 9.00% Asians Data unavailable 20.00% 21.00% Native Hawaiians/ Pacific Islanders Data unavailable 0.40% 0.20% American Indians/ Alaskan Natives Data unavailable 0.60% 0.10% 4 4. Protective Service Workers (Sworn) The “Protective Service Workers” grouping includes County employees in the following job categories: Deputy Sheriffs, Fire Fighters, Public Safety Officers, and District Attorney Investigators. Protective Service Workers (Sworn) 1975 County Employees Data for Service Workers 2012 County Employee Data for Protective Service Workers 2010 Labor Force (Census Data) for Protective Service Workers Males 97.00% 87.00% 81.00% Females 3.00% 13.00% 19.00% Caucasians 96.00% 71.00% 53.00% African-Americans 2.00% 6.00% 15.00% Hispanics 2.00% 15.00% 15.00% Asians Data unavailable 6.00% 10.00% Native Hawaiians/ Pacific Islanders Data unavailable 0.60% 2.60% American Indians/ Alaskan Natives Data unavailable 0.80% 0.30% 5. Protective Service Workers (Non-Sworn) The Protective Service Workers Non-Sworn category includes occupations that perform technical and support work in safety or law enforcement work, which does not require a sworn person. Examples include community service officers and animal control officers. Protective Service Workers (Non-Sworn) 2012 County Employee Data for Protective Service Workers (Non-sworn) 2010 Labor Force (Census Data) for Protective Service Workers (Non-sworn) Males 64.00% 54.00% Females 36.00% 46.00% Caucasians 48.00% 65.00% African-Americans 29.00% 1.00% Hispanics 17.00% 22.00% Asians 4.00% 8.00% Native Hawaiians/ Pacific Islanders 0% 0% 5 American Indians/ Alaskan Natives 1.90% 0% 6. Administrative Support The “Administrative Support” grouping includes County employees in the following job categories: Clerks, Account Clerks, and Storekeepers. Administrative Support 1975 County Employee Data for Administrative Support 2012 County Employee Data for Administrative Support 2010 Labor Force (Census Data) for Administrative Support Males 5.00% 14.00% 38.00% Females 95.00% 86.00% 62.00% Caucasians 90.00% 42.00% 53.00% African-Americans 4.00% 20.00% 10.00% Hispanics 4.00% 24.00% 19.00% Asians Data unavailable 12.00% 15.00% Native Hawaiians/ Pacific Islanders Data unavailable 0.90% 0.6 American Indians/ Alaskan Natives Data unavailable 0.70% 0.30% 7. Skilled Craft Worker The “Skilled Craft Workers” grouping includes County employees in the following job categories: Electricians; Equipment Mechanics; Stationary Engineers; Carpenters, and Painters. Skilled Craft Worker 1975 County Employee Data for Skilled Craft Workers 2012 County Employee Data for Skilled Craft Workers 2010 Labor Force (Census Data) for Skilled Craft Workers Males 100% 95.00% 95.00% Females 0% 5.00% 5.00% Caucasians 92.00% 69.00% 49.00% African-Americans 1.00% 5.00% 6.00% Hispanics 4.00% 14.00% 35.00% Asians Data unavailable 9.00% 7.00% Native Hawaiians/ Pacific Islanders Data unavailable 0% 0.60% 6 American Indians/ Alaskan Natives Data unavailable 3.00% 0.10% 8. Service Maintenance The “Service Maintenance” grouping includes County employees in the following ob categories: Gardeners, Laborers, Groundskeeper, and Equipment Operators. Service Maintenance 1975 County Employee Data for Service Maintenance Workers 2012 County Employee Data for Service Maintenance Workers 2010 Labor Force (Census Data) for Service Maintenance Workers Males 81.00% 73.00% 58.00% Females 19.00% 27.00% 42.00% Caucasians 68.00% 45.00% 33.00% African-Americans 21.00% 19.00% 10.00% Hispanics 10.00% 23.00% 42.00% Asians Data unavailable 11.00% 12.00% Native Hawaiians/ Pacific Islanders Data unavailable 0.60% 0.40% American Indians/ Alaskan Natives Data unavailable 0.60% 0.30%