SECTION I: Utilization of Women and Minorities

I. Resolution No. 265 of 1985 - Establishment of the Tompkins County Affirmative Action Committee

II. Vision and Mission Statement
  A.  Resolution No. 11 (relevant portions)
  B.  Community Affirmative Action Committee

III.County Board of Representative’s Affirmative Action/Equal Opportunity Policy

IV. Communication of the County’s Affirmative Action Programs
  A.  Publication of the Affirmative Action Programs
        1.  Internal Communications
        2.  External Communications

V. Responsibilities for Policy/Program Implementation

VI. Outreach and Recruitment

VII. Summary Analysis of the County’s Workforce, Market Availability and Utilization
 of Women and Minorities

VIII. Relationship of Civil Service to Affirmative Action

IX. Program Goals and Timetables
  A.  Hiring/Promotion Goals and Timetables
  B.  Programmatic Objectives

X. Full Utilization of Skills Training and Upward Mobility (Retention)

XI. Internal Audit and Reporting Systems

XII. Complaint Procedure for Handling Harassment and Other Forms of Discrimination

XIII. Board and County Policy Prohibiting Sexual Harassment

XIV. Innovative Programs
 

SECTION II - Programs for Persons with Disabilities and Covered Veterans

I.   Laws/Regulations

A.  Definitions

II.   Affirmative Action Clause and Equal Opportunity Clause

III.  Discrimination Prohibited
 

A.  Direct Threat Defense
B.  Medical Examinations and Inquiries
C.  Omnibus Transportation Employee Testing Act
D.  Drugs and Alcohol
E.  Health Insurance, Life Insurance and Other Benefit Plans

IV.  Affirmative Action Policy and Programs

A. County’s Affirmative Action Programs
B. Responsibility for Implementation
C. Outreach and Recruitment
D. Voluntary Self Identify Disability and Veteran Status
E. Review of Personnel Processes
F. Physical and Mental Qualifications
G. Compensation
H. Internal Audit
I.  Sheltered Workshops

VI.  Relationship of Civil Service to Affirmative Action

VII.  HIV Infection and AIDS Policy

Board Chair’s Concluding Statement

Appendices:

Section A: Memo to Mailing List
Section B: Mailing List/Recruitment Resources
Section C: Employment Opportunities (for current listings, please contact Tompkins County Personnel)
Section D: Legal Context for Affirmative Action (partial listing)
Section E: County Application  (for current form, please contact Tompkins County Personnel)

I. Resolution No. 265 of 1985 - Establishment of the Tompkins County Affirmative Action Committee

cc: County Attorney
 County Administrator

STATE OF NEW YORK     )
                                             ) ss:
COUNTY OF TOMPKINS )

I hereby certify that the foregoing is a true and correct transcript of a resolution adopted by the Tompkins County Board of Representatives on the 17th day of September 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Board at Ithaca, New York, this l8th day of September, 1985.

Catherine Covert, Clerk
County Board of Representatives

II. VISION AND MISSION STATEMENTS

A.  RESOLUTION NO. 11 - ADOPTING VISION, MISSION AND GOALS FOR TOMPKINS
      COUNTY

The relevant portion of Resolution No. 11 adopted January 21, 1997 by the County Board of Representatives and which applies to this document follows:

Physical & Social Well-Being

Goals:

Include all groups more fully in all aspects of the life of the community.

Suggested Success Indicators:
 

• Demographic profile of county employees mirrors that of the community
• Decrease in documented bias cases
• Elected and advisory boards reflect the community
• Increase in voting rates among under-represented groups

B.  COMMUNITY AFFIRMATIVE ACTION COMMITTEE

The Community Affirmative Action Committee adopted its vision for Tompkins County as an employer and its mission statement as a Committee in 1996, consistent with the relevant portion(s) of the Tompkins County vision, mission and goals adopted in January 1997 by the County Board of Representatives.

Vision:
Tompkins County will be seen as a place where any resident will be welcomed to live and prosper. Tompkins County government, as an employer, shall represent the diverse population of the county and strive to be inclusive without regard to race, color, national origin, ethnicity, sex/gender, sexual orientation, marital status, age, disability, status as a special disabled veteran or Vietnam era veteran, or status as an ex-offender.  Tompkins County government shall be a place where individuals may seek employment opportunities, advancement and career opportunities and its work force will include and represent the diverse population of the county.

Mission:
The Tompkins County Community Affirmative Action Committee works for policies, procedures and practices to be adopted and enforced by county government, as an employer, that will result in the recruitment, civil service reachability, and retention in the employment of affirmative action protected class groups -- women, minorities, persons with disabilities, and covered veterans.

It is the policy of the Tompkins County Board of Representatives (hereinafter the Board) to foster and promote equal employment opportunity to all persons without regard to race, color, ethnicity, national origin, sex/gender, sexual orientation, religion, creed, age, marital status, disability (including HIV infection and AIDS), ex-offender status or Vietnam Era or special disabled veteran status.  Additionally, the Americans with Disabilities Act of 1990 specifically prohibits discrimination against individuals associated with persons with disabilities.  The members of the Tompkins County Board of Representatives are individually committed to assuring that Tompkins County government agencies and departments will act affirmatively to develop avenues of entry and mobility for minorities, women, individuals having disabilities, and covered veterans through the following activities:
 

Identification of the under-utilization of minorities and women in County job categories for
the purpose of taking affirmative action to reach parity with their representation in the County’s
immediate and reasonable labor market areas.

Development and implementation of results-oriented programmatic approaches to address
identified problem areas and the elimination of all discriminatory employment practices, procedures,
policies and consequences.

Development and implementation of personnel practices, policies and career ladders to assist and
encourage the availability and opportunity for upward mobility of employees.

Development and implementation of mechanisms for the immediate and appropriate resolution
of problems of alleged harassment and other forms of discrimination consistent with our procedures
for handling such problems and with all relevant and applicable legal statutes and regulations.

Adoption of Affirmative Action Programs to address the utilization of women and minorities and the representation of persons with disabilities and covered veterans in the County’s workforce.

The Board establishes affirmative action and equal employment opportunity as immediate and necessary governmental objectives.  We pledge Tompkins County government to affirmatively provide services and programs in a fair and impartial manner.  Furthermore, we recognize the hiring difficulties experienced by persons with disabilities and by many older persons, and we set program goals for action to overcome the present effects of past discrimination, if any, to achieve the full and fair utilization of such persons in the County’s workforce.

Affirmative Action means positive action undertaken with conviction and effort to overcome the present effects of past practices, policies or barriers to equal employment opportunity and to achieve the full and fair participation of women, African Americans (Blacks), Hispanic Americans (Latina/os), Asian Americans, American Indians and any other protected groups found to be under-utilized in the County’s workforce or affected by County policies, procedures or practices having an adverse impact.  Equal Employment Opportunity means employment of individuals without consideration of race, color, ethnicity, national origin, religion, creed, age, sex/gender, marital status, sexual orientation, disability (including persons associated with individuals with disabilities and HIV Infection and AIDS), ex-offender status or status as a Vietnam era or special disabled Veteran.

To effectuate this policy, we have authorized the development and results-oriented implementation programs which conform with all the relevant Federal and State non-discrimination and affirmative action regulations and their amendments which pertain to the legal basis for affirmative action and equal opportunity, including but not limited to: the Thirteenth, Fourteenth, Fifteenth and Nineteenth Amendments to the U.S. Constitution, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1967, the Age Discrimination in Employment Act of 1975, the Rehabilitation Act of 1973, the Vietnam Era Veteran’s Readjustment Act of 1974, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, New York State Human Rights Law, the New York State Constitution and the Tompkins County Local Law of 1991 (sexual orientation).  The policy applies equally to all classes of positions in Tompkins County government and all types of appointments in Tompkins County government.  It governs all of Tompkins County government’s employment policies, practices and actions, including but not necessarily limited to: recruitment, civil service examination administration, hiring, transfer, promotion, demotion, training, compensation, separations from employment (e.g., layoffs, terminations), disciplinary action and other terms, conditions, benefits and privileges of employment.  Reasonable accommodations will be made for individuals having disabilities cognizable under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and for the religious practices of individuals consistent with the U.S. Equal Employment Opportunities Commission (EEOC) Guidelines Prohibiting Discrimination on the Basis of Religion and National Origin.  Additionally, employees of Tompkins County government must be provided with a work environment which is free from harassment and other forms of discrimination.

The County’s Affirmative Action Officer is located at 125 East Court Street, Ithaca, NY 14850 and can be contacted by telephone at (607) 274-5526 or by e-mail address:
afitzpatrick@tompkins-co.org

Any person interested in reviewing the content of the County’s Affirmative Action Programs may contact the Affirmative Action Officer for more information during regular County office hours.

Copies of the Tompkins County Affirmative Action Programs (Board policy statement and summary of program objectives) will be posted and distributed at least annually to all members of the Board, all Tompkins County department heads, and other County Officials as appropriate.  In addition, notification that these Programs have been revised will be sent by the County’s Affirmative Action Officer to the entire Tompkins County Personnel Department mailing list/recruitment resources (see Appendices A and B) indicating that a copy of these Programs will be made available for public inspection in the County Personnel Office.  Also, this public document will be available to any job applicant or any interested Tompkins County resident who desires to stop by the Tompkins County Personnel Office and read it.  The public availability of these Affirmative Action Programs is the official policy of Tompkins County.

Copies of the Board’s Affirmative Action Policy will be widely distributed giving information about where full copies of the County’s Affirmative Action Programs are available.  The Board’s Policy will also be included on the Tompkins County Web page.

As fully delineated elsewhere in this document, the Affirmative Action Officer, among other things, shall have the responsibility for developing and implementing external and internal communication procedures to assure understanding, support and compliance.  The Affirmation Action Officer and the Chair of the Board will work together, when necessary, to insure that these Programs continue to be communicated. As delineated under the

Responsibility for Implementation Section, formal responsibility for implementation of Tompkins County Affirmative Action Programs are assigned to the Affirmative Action Officer but all County management personnel must share in this responsibility and assist the County in fulfilling the objectives of equal employment opportunity.  By distributing copies of these programs to all Tompkins County department heads and establishing  internal communications procedures, all management personnel are responsible for the achievement of equal opportunity in Tompkins County government.
 

A.  PUBLICATION OF THE BOARD’S AFFIRMATIVE ACTION/EQUAL OPPORTUNITY
      POLICY AND THE COUNTY’S AFFIRMATIVE ACTION PROGRAMS

It is important to issue and execute a Board Policy and Programs of Equal Opportunity/Affirmative Action, but unless appointed officials, program managers as well as present and prospective employees and program beneficiaries are aware of the policy, it may as well not exist.

1. Internal Communications

All County employees are hereby notified of the right to a reasonable period of review and comment upon the County’s Affirmative Action Programs. All comments shall be addressed to the Affirmative Action Officer located at 125 East Court Street, Ithaca, NY  14850.  The Affirmative Action Officer shall maintain copies of all affirmative action related internal communications and comments received and note the date such statements were received.

From January to February has been designated as the review and comment period for the  Affirmative Action Programs, which incorporates affirmative action and equal opportunity activities that have occurred between July 1, 1997 and June 30, 1998.  A summary of any comments from County employees also will be incorporated into each Affirmative Action Program document.
 

(a)  The County’s Affirmative Action Programs are provided to County department heads, who
are expected to become familiar with their contents and know their responsibilities contained
within.  Department heads are expected further to make these Programs available to
managers and supervisors, including apprising them of their responsibilities contained
within.  (For more information on responsibilities for implementation, refer to that
section of this document.)  Employees may contact either their respective department
head or the Affirmative Action Officer to review a copy of the Affirmative Action
Program documents.

(b)  Periodically informing all current and prospective employees of the County’s
 commitment to engage in affirmative action to address the under-utilization of women and
 minorities in the County’s workforce and increase the employment opportunities for
 qualified minorities and women, as experienced and evidenced by other racial and gender
 groups.

(c)  EEO Is the Law Posters are on display as required by Title VII of the Civil Rights Act of
1964, as amended, the Age Discrimination Act, Section 503 of the Rehabilitation Act, Americans with Disabilities Act and New York State Human Rights Law.

 The County disseminates and implements the Board’s Affirmative Action/Equal Opportunity Policy internally by means which include, but may not be limited to the additional following actions:
 

By incorporation into the County’s Personnel Policy Manual.

By publication in the official County publications.

By special meetings with department heads, managers, supervisors, and other
employees to explain the Board’s intent and individual responsibility for the
effective policy implementation, making clear the Board’s position and
commitment in support of affirmative action program efforts.

To further the County’s affirmative action efforts, the County will engage in, but not be limited to, the following additional efforts:

By publication of articles covering progress reports, promotions, etc. of
minorities and women in County publications.

By featuring minorities and women in employee handbooks or similar
publications for employees.

2. External Communications

The Board and the County are on public record as being an “An Equal Opportunity/Affirmative Action Employer.”  Consistent with this posture, the Board’s Affirmative Action Policy and notices of job availability shall be sent regularly by the Affirmative Action Officer to recruiting sources and organizations which are capable of referring qualified applicants for employment. These organizations and resources are invited to review and comment upon the County’s Affirmative Action Programs during the same comment and review period as established for County employees.

Except in cases of a bonafide occupational qualification or need, employment advertising shall omit reference to age or sex/gender and shall clearly convey the desire of the County to employ members of protected classes.  A bonafide occupational qualification means a job qualification based upon race, color, ethnicity, national origin, religion, creed, age, sex/gender, marital status, disability, ex-offender status or status as a veteran such that no member of a protected class excluded is capable of performing the tasks required by the job.

Notification to job applicants of the Board’s Affirmative Action Policy is achieved through examination announcements which contain the phrase “Tompkins County is an Affirmative Action/Equal Employment Opportunity Employer.”

The Board’s Affirmative Action/Equal Opportunity Policy and the County’s Affirmative Action Programs are available to the news media, television, radio and newspaper.

Contractors and Suppliers

All bidders, contractors, subcontractors and suppliers of materials shall be notified in its procurement contracts of the Board’s Affirmative Action Policy.  Such notice shall include a statement that the County will not knowingly do business with any bidder, contractor, subcontractor or supplier of materials who discriminates against persons on the basis of their race, color, ethnicity, national origin, sex/gender, sexual orientation, marital status, age, religion, creed, disability, ex-offender status or status as a veteran.

The participation of minority/women/disabled/disadvantaged business enterprises shall be encouraged to do business with the County.

Continuing realization of Board’s Affirmative Action/Equal Opportunity Policy through the County’s Affirmative Action Programs is undertaken in the following manner.  In addition, no employee shall be coerced, intimidated or retaliated against by the County or any person for performing any of the duties recited under this or any other section of this document.

The Board has the ultimate responsibility for promoting and enforcing affirmative action which shall account for the success or failure of the County’s Affirmative Action Programs.  To assist the Board in overall responsibility a Tompkins County Affirmative Action Officer will be appointed by the Board, with the responsibility for the day-to-day implementation of this program and its policies as outlined in the Programs.  The Board has directed that these Programs be available for public inspection in the Tompkins County Personnel Department and other locations as listed in the External Communication section of this document.  The Board Chair will ensure that the Personnel Office is provided with the all agency resources necessary for the execution of program responsibilities.

In support of the Board’s Affirmative Action/Equal Opportunity Policy, the County Board of Representatives affirms its support of Affirmative Action/Equal Employment Opportunity programs and its right to take appropriate action if it or other duly constituted authority should determine that applicable federal, state and local equal employment opportunity laws and regulations have been violated, or that the effect or intent of the Board’s Policy has been willfully or habitually abrogated.

 The Community Affirmative Action Committee is responsible for reviewing and updating the County’s Affirmative Action Programs, as well as for advising the Affirmative Action Officer and the Board on matters relating to Affirmative Action/Equal Employment Opportunities.  Keeping updated on Affirmative Action/Equal Employment Opportunities issues, including harassment and other forms of discrimination will be a regular part of the Committee’s agenda.  The Committee also may engage in or coordinate action-oriented programs designed to eliminate identified problems and further designed to attain established goals and objectives of the County’s Affirmative Action Programs.  The Committee also may collaborate with the City of Ithaca’s Affirmative Action Advisory Committee.  As a matter of course, the Committee shall issue a report of its activities which will include, at a minimum, a review of each County department with respect to its implementation of the Board’s Affirmative Action Policy and the County’s Affirmative Action Programs.  The present Committee consists of one County Board liaison (Caucasian female), one member of the Tompkins County Human Rights Commission (African-American female), one County employee (African-American male and Committee chair), and two community members at-large (both of whom are Caucasian females).   Copies of all Committee meeting minutes, recommendations made to the Affirmative Action Officer, including whether the recommendations were accepted or rejected by the County, shall be likewise retained.

The Affirmative Action Officer coordinates the County’s Affirmative Action Programs for the County of Tompkins.  The Affirmative Action Officer reports directly to the Board on matters relating to the County’s
 affirmative action implementation activities.  The Affirmative Action Officer develops and coordinates the Equal Opportunity Program of Tompkins County government as an employer and as a municipal civil service commission; as well as monitoring and reporting to the state and federal government agencies on the progress of these Programs.  The Affirmative Action Officer’s duties include, but are not limited to:

Scheduling regular meetings with department heads that emphasize the following:
       (1) human relations and inter-group relations, (2) non-discriminatory employment practices, (3) the legal
       authority for affirmative action and the Board’s commitment to Affirmative Action and
       Equal Opportunity, (4) review of the Affirmative Action Programs and identification of
       obstacles in meeting the goals of the plan.  Where possible, the Board Chair may attend at
       least one of these meetings during the annual reporting period prescribed in this document to
       communicate the Board’s commitment to and expectations under the Board’s Affirmative Action
       Policy and the County’s Affirmative Action Programs.

Determining the causes of adverse impact where it is shown to exist in the County’s job
      categories.

Developing programmatic initiatives, in conjunction with the Affirmative Action Committee, to
      aggressively address the identified under-utilization of minorities and women in the County’s
      workforce.

Developing new or revise programs or procedures to eliminate problems or barriers in such areas
      as recruitment, job qualifications, job interview standards and techniques, job progressions
      and upward mobility, and other employment and personnel procedures and programs which might
      adversely impact minorities and women.

Developing and implementing Affirmative Action/Equal Employment Opportunities training programs for County officials, with emphasis on skill building and their agency role, including
      training on addressing problems of harassment and other forms of discrimination in the work place.
      The Affirmative Action Officer should consult with the County Training Coordinator and the
      Executive Director of the Tompkins County Human Rights Commission for coordinated
      implementation of this responsibility.

Developing and monitoring internal auditing and reporting systems to measure the status and
      progress of the County’s Affirmative Action/Equal Employment Opportunities program towards
      goal achievement and elimination of identified problem areas.

Researching and studying the statistical composition of the recruiting areas and the County
      workforce provided through the New York State Department of Labor, the U.S. Census Bureau
      and other sources used to establish labor market composition for purposes of conducting
      utilization analysis which, along with the County’s current workforce, form the basis for the
      establishment of numerical goals to address the under-utilization of women and minorities.

Keeping updated on new and amended requirements of federal, state and local civil/human rights and
      Affirmative Action/Equal Employment Opportunities laws and regulations, as well as relevant court
      cases which may affect the Board’s Affirmative Action Policy and County’s Programs.  The
      Affirmative Action Officer should consult with  the Director of the Tompkins County
      Human Rights Commission and the County Attorney for guidance, advice and interpretation, when
      necessary, to carry out this responsibility.

Assisting department heads and other appointing authorities in any manner necessary to further the
      County’s Affirmative Action Programs.  This responsibility includes, but is not limited to, recruiting
      for job openings, administering training programs and assisting in the creation of job ladders to
      promote upward mobility.

Acting upon the advice provided by the Community Affirmative Action Committee in its advisory
       role to the Affirmative Action Officer, with such advice and recommendations being summarized in
       an annual report of the Committee.

Prepare an Annual (or Semi-Annual) Report for presentation to the Tompkins County Board of
      Representatives based on County employment on (or about) July 1 of every year.  This annual (or
      semi-annual) report shall include updated County Work Force Analysis and Availability/Utilization
      Analysis, a description of positions which were filled during the year and any other information
      which is relevant to the establishment and fulfillment of the Affirmative Action Program goals and
      timetables.

Resolving informal concerns of County employees with respect to Affirmative Action/Equal Employment
      Opportunities matters.

The County Training Coordinator is responsible for conducting programs with the Affirmative Action Officer and the Director of the Tompkins County Human Rights Commission, as appropriate, designed to educate department heads, managers, supervisors and other employees on Affirmative Action/Equal Employment Opportunities issues and their responsibilities for assuring that the County’s policies, procedures and practices are fair and equitable and that County work places are free from harassment and other forms of discrimination.  The County Training Coordinator shall make a report to the Affirmative Action Officer and the Affirmative Action Committee on his/her training activities in this area, listing all the Affirmative Action/Equal Employment Opportunity programs conducted for employees and applicants during the reporting period of the document.

The Director of the Tompkins County Human Rights Commission is responsible for working with the Affirmative Action Officer and the County Training Coordinator in conducting training programs around Affirmative Action/Equal Employment Opportunity issues, including harassment and other forms of discrimination, and in advising on matters related to the New York State and Tompkins County Human Rights Laws.  In addition, the Director and his/her designees are responsible for accepting and processing formal complaints of harassment and other forms of discrimination.

Each County department head is responsible for taking positive action to ensure that the Board’s Affirmative Action/Equal Opportunity Policy and the County’s Affirmative Action Programs and objectives are successfully implemented within his/her department.  An administrative staff member within each department is designated as an Affirmative Action contact person to assist the department head by working with the Affirmative Action Officer to ensure each department’s compliance with federal and state statutes, regulations, the Board’s Policy and the County’s Affirmative Action Programs.  Department heads are responsible for submitting a quarterly report to the Affirmative Action Officer which forms part of the content of the Affirmative Action Officer’s Annual Report to the County Board of Representatives.  Moreover, all County department heads, managers, supervisors must take consistently diligent efforts to implement this policy in daily program and employment decisions.

Department heads, managers, and supervisors shall be evaluated for their performance in implementing the Board’s Affirmative Action Policy and the County’s Affirmative Action Programs and on the basis of their equal employment opportunity efforts and results, as well as other criteria.

Department heads, managers, and supervisors are responsible for taking immediate, reasonable and appropriate steps to prevent harassment of employees either placed, or perceived to be placed, through the affirmative action efforts outlined in the County’s Affirmative Action Programs.  Failure to do so may result in disciplinary action for violating the Board’s Affirmative Action/Equal Opportunity Policy.

VI. OUTREACH AND RECRUITMENT

The County shall initiate and undertake aggressive, positive relationship-building activities to ensure that affirmative action is more than a paper commitment.  Consistent with that effort, face-to-face discussion designed to cement ongoing relationships and develop additional recruiting sources shall ordinarily be required.  Honest and persistent efforts to cultivate a successful outreach recruitment program will require the County to maintain frequent contact with protected class members and resource agencies serving protected class members.

 The Tompkins County Personnel Department has the responsibility for outreach and recruitment within the community.  A report of the County’s outreach and recruitment efforts will be made by the Affirmative Action Officer to the Affirmative Action Committee on an annual basis.

 Federal affirmative action requirements incorporated within the County’s Affirmative Action Programs require recruitment from a variety of organizations, associations, and other sources including those serving minorities and women.  A list of County recruitment sources which constitutes its mailing list for job announcements is contained in Section B of the Appendices.  In addition, the County maintains a website which any individual interested in information about the County, including job announcements, may access the County’s web site at http://www.co.tompkins.ny.us.

Other activities related to outreach and recruitment include, but may not be limited to, the following:
 

1.  Outreach, recruitment and selection procedures are continuously reviewed and
analyzed to identify and remove artificial barriers and discriminatory effects.

2.  Records of all employment outreach and recruitment activities conducted by County department heads, managers, and supervisors must be kept and submitted to the Affirmative Action Officer as part of each department’s Quarterly Affirmative Action Report.   The quarterly report shall be submitted to the Affirmative Action Officer at the end of the following months:  March, June, September, and December.  The actual form and substance of this quarterly report will be decided upon by the Affirmative Action Officer and the Community Affirmative Action Committee.

3.   “Word of mouth” or “walk-ins” is not to be the primary.  This type of “closed
recruitment” has been shown to perpetuate the present composition of one’s workforce in various
job categories.  Where minorities and women are not well represented at all levels of County   government, reliance on such recruitment procedures has been ruled by the New York court to be an unlawful discriminatory practice (State Div. Of Human Rights V. Kilian 35 NY 2d 201 (1974)).

4.   County civil service examination announcements are mailed to agencies and organizations serving minorities and women.

5.   Outreach and recruitment is required for positions without a Civil Service eligible lists.

6.   Participation in such recruitment activities as Career Days, Job Fairs, etc. is encouraged and supported.

7.   All persons involved in outreach and recruitment are to be trained on Affirmative Action/Equal Employment Opportunities issues and must adhere to the Board’s Affirmative Action/Equal Opportunity Policy and must use objective job-related selection standards, to act in a non-discriminatory manner assuring equal opportunity is afforded to all actual and potential job applicants, and to actively support Tompkins County’s Affirmative Action Programs.

8.   Review employment records to determine (i) the availability of promotable and transferable qualified minorities and women presently employed and (ii) whether their present and potential skills are being fully utilized or developed.

9.   County position and/or examination announcements are to be readable and understandable to all.  Application completion assistance is to be provided, when necessary, to assure the inclusion of minorities and women.

10.   All County job advertisements and position announcements must include the phrase “Tompkins County – An Equal Opportunity/Affirmative Action Employer.”

11.   The Affirmative Action Officer is available to assist department heads and other  appointing officers in any of these outreach and recruitment procedures.

 Assuring Affirmative Action/Equal Employment Opportunities is critical during the selection process.  Affirmative action is taken to ensure fair, equitable, lawful and job-related hiring standards and procedures, Equal Opportunity may not automatically result.  Therefore, the following activities will occur, at a minimum, to ensure that the selection process comports with the Board’s Affirmative Action/Equal Opportunity Policy:
 

1. Selection procedures are to be reviewed on an ongoing basis, to eliminate any artificial barriers which may inhibit the employment and upward mobility of minorities and women.

2. All County job application forms, job interview questions, and other selection   criteria shall be job related, non-discriminatory and in compliance with the New York State Division of Human Rights Ruling on Pre-Employment Inquiries.  (See March/April 1979 issue of  the EEO Journal)

3. All pre-employment questions shall be job-related and consistent with business necessity to measure job performance.  Pre-employment information must be obtained in a non-discriminatory manner.  For example, generally there cannot be different interview, application or test questions for different candidate groups, e.g., disabled /non-disabled, women/men, minorities/non-minorities are prohibited and violate the Board’s Affirmative Action/Equal Opportunity Policy.

4.   The County job application form is frequently reviewed and revised, as necessary, to ensure that information requested is job-related consistent with business necessity.

5.    County job descriptions are written to eliminate all non-essential and unreasonable education and experience requirements.  No minimum qualifications are set for employment in Tompkins County jobs without first a study of the job duties and responsibilities by the Commissioner of Personnel, who is also the Affirmative Action Officer.  The County Personnel staff is trained in job classification and the establishment of education and experience qualifications.  An important principle followed is that minimum qualifications are set to ensure that minimum competencies, skills and abilities to perform the duties and responsibilities of the job, thus safeguarding against artificial barriers to the employment of minorities and women.

6.   All County civil service tests are written by and validated to be job-related by the New York State Department of Civil Service in accordance with requirements of the Uniform Federal Guidelines on Employee Selection Procedures.

7.   All persons involved in job interviewing and selection are to use objective, job-related selection standards and to support the Tompkins County Affirmative Action Program.

8.   Department heads, departmental Affirmative Action contacts and other staff have been and will continue to be trained and assisted by the Affirmative Action Officer in proper non-discriminatory selection and pre-employment procedures.

The primary goal of the County’s Affirmative Action Programs is to ensure equality of employment opportunity to all people without regard to race, ethnicity, creed, color, national origin, sex/gender, religion, creed, age, disability, marital status or arrest record.  In order to achieve and maintain this end, the Affirmative Action Officer reviews all personnel policies, practices and procedures in order to correct any deficiencies in the employment system which may have an adverse impact in achieving equal employment opportunity for all employees and applicants.  Each County department within the County shall be evaluated in order to develop and implement affirmative steps to meet and overcome any artificial barriers and obstacles to the full utilization of women and minorities in the County’s workforce.

A. Eight Factor Analysis

In calculating the availability of minorities and women to determine whether or not under-utilization of minorities and women exists in any occupational category or job title of 25 or more, an Eight Factor Analysis shall be conducted which looks at the following information and data sources:
 

(1) the minority and women population within the labor market area;
(2) the size of the minority and women unemployment force in the labor market area;
(3) the percentage of minorities and women in the workforce as compared with the
total workforce in the immediate labor market area;
(4) the general availability of minorities and women having requisite skills in the
immediate labor market area (i.e., immediate recruiting area);
(5) the availability of minorities and women having requisite skills in an area in which
the County can reasonably recruit (i.e., reasonable recruiting area);
(6) the availability of promotable and transferable minorities and women within the
County’s workforce;
(7) the existence of training institutions capable of training persons in the requisite
skills; and
(8) the degree of training which the County is reasonably able to undertake as a means
of making all job classifications available to minorities and women.

B. Immediate and Reasonable Labor Market Areas (Factors 4 and 5)

Two recruiting areas are considered for purposes of conducting a meaningful utilization analysis.  The first recruiting area consists of Tompkins County (the immediate recruiting area - Factor 4) and the second consists of six counties contiguous to Tompkins County (the reasonable recruiting area - Factor 5).  They are the counties of Tioga, Schuyler, Chemung, Seneca, Cayuga and Cortland.   This reasonable recruiting area is considered since the Civil Service Rules for Tompkins County require residence in this seven county area for County employment (Rule VI).

The County may engage in recruitment beyond these two recruiting areas for higher level positions, i.e. conduct a statewide or national search.  Now that the County is on-line with the Internet, anyone having access to a computer and the Internet may discover the position vacancies within the County and apply accordingly.

C. Required Data and Statistical Analyses For Utilization and Goal Setting

 1. Job Title Study and Occupational Category Study

The County shall prepare a job title and occupational category study in the following manner:
 

(a) Job Title Study.  Each department, position and position classification created by County Board or established by statute shall be arranged into lines of progression that depict the order of jobs through which an employee may ordinarily advance.  Job titles without promotional opportunity shall be listed separately.  Unclassified titles shall be so identified.

(b) Occupational Category Study.  Each department, position and position classification listed in the job title study shall be placed in an occupational category with other departments, positions or position classifications having similar job content, compensation schedules and opportunity.  Titles within an occupational category shall be ranked from the highest to the lowest compensation schedule.  The salary range for each position and position classification shall be noted.

Both the job title study and the occupational category study shall be revised accordingly to reflect any changes in job titles (e.g., deletions and additions) and restructuring of departments.

 2. Workforce Analysis

 The County shall prepare a workforce analysis.  This analysis shall be a report of the racial and sexual composition of its full-time employees for each department, position and position classification identified in the organizational analysis.  A separate analysis shall be performed for part-time and other employees (i.e., temporary hires).  The workforce analysis, at a minimum, shall inventory the:
 

(a) total County workforce by occupational category;

(b) total County workforce by department, position(s) and position classification(s)
             within each occupational category.

3. Availability Analysis

 As a preparatory step in determining whether women and minorities are fully and fairly utilized in the County’s workforce, the County shall conduct, at a minimum, an analysis by occupational category to determine the availability base of minorities and women for employment.  A separate availability analysis shall be conducted for any position classification within an occupational category employing a significant number of persons.  Ordinarily, a position classification with twenty-five (25) or more employees will require a separate analysis.  A separate analysis may be performed for any job title requiring unique skills, abilities or educational qualifications.  The availability analysis shall:
 

(a) examine the job content of each department, position and position classification
within an occupational category or, where appropriate, the job content of a position
classification;

(b) identify a relevant labor market area; and

(c) match each position and position classification within an occupational category or,
where appropriate, a position classification, with the most nearly parallel job title
contained in the data source consulted.

As a public/government employer, Tompkins County must comply with New York State Civil Service Law and the Civil Service Rules for Tompkins County.  This body of Law and Rules operates as the statutory basis for all public employment policies.  An understanding of the impact of Civil Service Law and the Local Rules on the hiring procedure is therefore necessary before an Affirmative Action Program that addresses the under-utilization of minorities and women within certain County job categories may be implemented.

 The Constitution of the State of New York  (Article V, Section 6) mandates that “appointments and promotions in the civil service of the State and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive.” State Civil Service Law and the local civil service rules are the legislated means by which public employers shall carry out the constitutional mandate of employment based on the principle of “merit and fitness”.  In its interpretation of the requirement of  “competitive examination wherever practicable”, Civil Service Law establishes four jurisdictional classes of positions:  Competitive, Non-Competitive, Exempt and Labor.

 The competitive class consists of those positions for which competitive examination has been deemed practicable.  Positions in this class are filled by making a permanent appointment from among the top three candidates appearing on an eligible list as the result of competitive examination.  Positions in the other three classes do not require competitive examination but department heads must still follow the principle of “merit and fitness” when filling vacancies.

 There are three key steps in the process of hiring an employee that have a major impact on the equal employment opportunities that Tompkins County is able to provide.  The first is the setting of minimum qualifications that do not adversely impact on any of the protected classes.  The responsibility for this step rests with the Personnel Department and has been an active concern of this Department for many years.

 The second key step is the recruitment effort. The Personnel Department recognizes the need for adequate advertisement of Tompkins County's vacancies and examinations and the need to notify the public about how the system works.  In recent years a  standardized, comprehensive list of vacancies  (“Tompkins County's Current Vacancy List”--see Appendix C) and a mailing list serving more members
of the protected classes (see Appendix B) has been created.  Application forms, job descriptions, examination announcements, public information sessions and an equal opportunity to apply for advertised examinations and/or vacancies are made readily available to the public.

 One-on-one civil service information sessions (not career counseling) are provided on a walk-in basis or over the telephone.  Public informational sessions are provided to groups as requested.  In addition to newspaper advertisements, direct mailing and public posting of paper announcements, the current vacancy list and all examination announcements are also available on the World Wide Web at http:www.co.tompkins.ny.us.  Free public access to the internet is currently provided by the Tompkins County Public Library.

 Tompkins County’s efforts in creating job descriptions containing appropriate minimum qualifications and recruitment are similar to the steps that any employer, public or private, would take and are not impacted upon by Civil Service Law and Rules.

 The third key step in the hiring process is the actual selection of the candidate to be hired.  For positions in the exempt, non-competitive and labor classes, the impact of Civil Service Law and Rules is minimal.  Department heads may select any candidate referred by the Personnel Department.

 For competitive class positions, however, Appointing Authorities are limited to using an appropriate eligible list to make an appointment from among the top three persons who are willing to accept such appointment.  This "Rule of Three" is specified by civil service law Section 61.  Correspondingly, this law also says that anyone equal to, but beyond the number three position on the list, is also considered number three for the purpose of making a permanent appointment.  This section of law is significant in light of the State's new "Band Scoring" reform.

 The traditional point-by-point scoring system is being phased out and will be replaced entirely by the use of band scoring for all civil service examinations.  Band scoring simply means that the point-by-point scores of a group can be considered functionally equivalent within an appropriate band.  This came about because Governor Pataki recognized that "no test can measure a candidate's true score with perfect confidence and no test can assess all the abilities relevant to a given job."

 As a result, band scoring has the potential to provide an appointing authority with more than three candidates who are "among the top three" by providing more candidates who are equal to but beyond the number three position on the list.  This should provide a little more flexibility in the hiring employees without violating the wording and intent of the State Constitution.  However, even with such progressive changes as band scoring and with no adverse impact from the setting of the minimum qualifications or from the recruitment effort, the County may still be prevented from hiring members of the protected classes by virtue of the rule of three. Here, therefore, is the one place where Civil Service Law and Rules may directly impact on the equal employment opportunity practices of the County.

 Although there may be five or ten or even one hundred people who are on the eligible list and therefore qualified for appointment by virtue of having passed the Civil Service exam, the department head is limited at any given time to choosing one candidate from among the top three.  The same recruitment effort for a position in one of the other three classes could potentially, in contrast, provide a department head with five, ten or even one hundred candidates from which to choose.

 In summary, the Civil Service Law and Local Rules have essentially no impact on the County’s Affirmative Action efforts in the Non-Competitive, Exempt or Labor classes.  The responsibility to recruit candidates from three protected classes lies with the Personnel Department and the responsibility to hire in accordance with the intent and goals of this Program lies with the department heads making the appointments.  For competitive class positions, however, there may be occasions where affirmative action efforts in hiring to address under-utilization will be hampered or prevented by the rule of three for appointment from Eligible Lists, despite effective recruitment of minorities and women and an intent to hire in accordance with the Programs.

A. Hiring/Promotion Goals and Timetables

Tompkins County continues to move forward with regard to Affirmative Action and correcting the identified under-utilization of minorities and women in County job categories and departments.  For each instance of under-utilization identified in the utilization analysis, separate hiring or promotion goals, as appropriate, shall be set to address under-utilization and increase the representation of minorities and women in the County’s workforce.  Ordinarily, a hiring goal shall be set for job titles filled through original appointment, and a promotion goal shall be set for job titles filled through promotional appointment.  The objective of such goals (i.e., equal opportunity through affirmative action) shall be to attain parity with the availability base for such persons in the relevant labor market area identified by the County.  Goals to reach parity shall be established within timetables designated as long- or short-term.

Factors to be considered in the establishment of hiring/promotional goals include, but may not be limited to, the following:
 

• the number of actual vacancies within the occupational category or job title
• the number of projected vacancies, derived from employee attrition rates
• the number of anticipated hires/promotions
• the number of actual hires/promotions
• the probable success of program goals in enhancing the availability of women and minorities for employment

The goals and timetables developed by the County should be attainable in terms of the County’s analysis of deficiencies as described in the utilization analysis pertaining to the representation of women and minorities in the County’s workforce.  Thus, in establishing the size of the County’s goals and the length of its timetables for achieving it’s goals (short-term within one year or long-term), the County must consider the results which could reasonably be expected from it’s good faith efforts to make the County’s Affirmative Action Programs work.  In determining levels of goals, the County will consider at a minimum the availability and utilization analysis contained within this document and updated annually.  In addition, the Affirmative Action Officer will involve department heads in the goal setting process.

Goals, timetables and affirmative action commitments must be designed to correct any identifiable deficiencies.  The County’s goals should be significant, measurable and attainable.  Where deficiencies exist and where numbers of percentages are relevant in developing corrective action, the County shall establish and set forth specific goals and timetables separately for minorities and women. Goals should be specific for planned results, with timetables for completion. In doing so, however, goals may not be rigid and inflexible quotas which must be met, but must be targets reasonably attainable by means of applying every good fair effort to make all aspects of the entire Affirmative Action Programs work.

In establishing timetables to meet stated goals and commitments, at a minimum, the County will consider the anticipated expansion, contraction and turnover of and in the workforce.

Support data for the required analysis and program shall be compiled and maintained as part of the County’s Affirmative Action Programs.  This data will include, but may not be limited to, progression line charts, seniority rosters, applicant flow data, and applicant rejection ratios indicating minority and sex/gender status of applicants.

Careful analysis of the County’s utilization of women and minorities has revealed some departments and some job categories in which minorities and/or women have been underutilized.  In many of these cases, the positions involved were competitive class positions.  As mentioned in the overall analysis, the steps necessary to correct this lie in the recruitment of applicants from the protected classes.  The necessity for this additional recruitment effort has been a concern of the Personnel Department for several years and no less than ten community organizations whose constituency is primarily in the protected classes have been added to the mailing list in the last three years alone in response to this need.  Due to the time factor involved in the exam process and the small turnover rate in many positions the impact of the addition of these community organizations has not been appreciably felt but the positive direction has been established.  The Tompkins County Personnel Department will continue in the future to solicit organizations to add to our mailing list in the hopes of improving our utilization of protected classes.

 In a few cases the under-utilization has occurred in positions which are not in the competitive class but which require specialized skills and experience.  The unavailability of trained or otherwise qualified minority or female applicants for these categories of positions is a problem that is bigger than Tompkins County government and steps to make training available for these positions would require the cooperation of either many employers in Tompkins County or of State/Federal programs.  While Tompkins County has no current plans to initiate training programs to correct this under-utilization, the possibility of the County’s involvement in training programs will continue to be explored.

 There are, however, a couple of departments whose under-utilization of the protected classes is a problem that must be corrected.  Discussion with the heads of those departments has already been undertaken with the intention of working out the means to improve the utilization in those departments.

B. Programmatic Objectives

 Tompkins County has every intention of providing opportunity for all County residents to obtain employment commensurate with their skill training and abilities regardless of race, color, ethnicity, national origin, sex/gender, sexual orientation, religion, creed, age, marital status, disability, ex-offender status or status as a Vietnam Era or special disabled Veteran.  In accordance with this intention, the following programmatic objectives have been established by the Community Affirmative Action Committee to be achieved during the next reporting period:
 

1) To develop a survey tool to be used to gather information on the access and availability of the County’s employment opportunities to County residents, with special emphasis on women and minorities.

2) To develop a documentation of hire process by which department heads, managers and supervisors can provide the Affirmative Action Officer with reasons for selection and non-selection of those persons on civil service examination lists and of those persons interviewed according to Civil Service Rules.

3) To explore additional recruiting sources located within the County’s reasonable recruiting area (i.e., within an hour north, south, east, and west of the County of Tompkins) from which the County is likely to recruit qualified applicants, with special emphasis on minorities and women.

4) To identify one or two specific short-term action-oriented steps to assist the Affirmative Action Officer in the implementation of his/her duties relative to affirmative action implementation.

5) To coordinate affirmative action implementation activities, where appropriate, between the City’s Affirmative Action Advisory Committee and the County Affirmative Action Committee.

The County will establish an upward mobility program as part of its affirmative action program efforts.  Such a program shall advance, but not be limited to, the following activities available to all County employees:
 

(1)  insure that the racial and sex/gender composition of program participants is
consistent with affirmative action/equal opportunity;

(2)  provide career counseling opportunities;

(3)  make a range of training opportunities available with training emphasis on skills
 building and development for upward mobility purposes;

(4)  initiate classification requests that would result in the development of career
ladders and lattices to improve mobility for subprofessional positions; and

(5)  establish specific upward mobility goals and timetables separate from the goals
established to address the under-utilization of women and minorities in the County’s
workforce.

An inclusive workplace climate free of harassment is the foundation which supports equal opportunity.  Policies, procedures and practices which support such a climate must exist at all times to provide opportunities for upward mobility to all County employees. In order to identify “dead-end” jobs, as well as job categories and specific positions where minorities and women are underutilized, emphasis in position classification and in job description preparation is placed on the creation of job ladders and the elimination of “dead-end” jobs, where possible.

In many job categories/families, except where prohibited by law, the County has removed the requirement for a high school diploma, in order to eliminate another possible artificial barrier.  Also, in a great many jobs, except where prohibited by law, the County has eliminated the absolute requirement for a Bachelors degree and have established work experience as an additional viable avenue to employment in these positions.

Department heads and other appointing officers also should research the creation of job ladders within their own departments or divisions, to further advance and support upward mobility.  The Affirmative Action Officer is available to assist in this effort.

 The Affirmative Action Officer, in conjunction with the Affirmative Action Committee, will develop internal audit and reporting systems which are aimed at reviewing, but not limited to, the following activities:
 

1.  To monitor civil service testing system, the race, sex/gender, age and disabilities to
test applicants and test takers are collected, reported in aggregate, and analyzed by the
Affirmative Action Officer.

2.  To identify the number and percentage of minorities and women reported in the
utilization summary to measure progress toward affirmative action goals.

3.  Where statistical analysis reveal significant under-utilization remedial action to
eliminate such is undertaken.

4.  To ensure up-to-date program and compliance with federal, state and local laws,
regulations and court decisions, the Affirmative Action Officer will review the County’s Affirmative Action Programs periodically for a progress evaluation and will improve, revise, update and expand these Programs as necessary according to the current employment situation and needs of the employees.

Any employee or applicant who believes that he/she has been unlawfully discriminated against by the County of Tompkins, by any County Department or by any County employee, should notify the Affirmative Action Officer of the alleged unlawful discrimination.  The Affirmative Action Officer will attempt to resolve informally the concern of unlawful harassment or other form of discrimination.  The focus of this complaint procedure is on the resolution of informal concerns/complaints of harassment and other forms of discrimination brought to the Affirmative Action Officer by County employees.

Any employee or applicant may also, if he/she prefers, contact the Tompkins County Human Rights Commission, the State Division of Human Rights or the Equal Employment Opportunity Commission to make a formal complaint of unlawful harassment and other forms of discrimination.  All complaints of alleged unlawful harassment and other forms of discrimination filed with these agencies will be investigated and acted upon promptly and confidentially.

All informal concerns brought to the Affirmative Action Officer and all formal complaints brought to the Tompkins County Human Rights Commission shall be resolved in an expeditious manner to assure that legal options for filing complaints with other enforcement agencies are not foreclosed.

Time Frames
Informal concerns/complaints of harassment and other forms of discrimination will normally be reviewed and resolved within fifteen (15) working days from the point at which the employee notifies the Affirmative Action Officer, unless otherwise stated.

Confidentiality
All informal concerns/complaints of harassment and other forms of discrimination will be resolved confidentially by the Affirmative Action Officer.  All persons contacted by the Affirmative Action Officer in his/her efforts to resolve the matter shall hold discussions and documents, if any, in a confidential manner.  A breach of this confidentiality requirement by the County’s agents (e.g., Affirmative Action Officer, Department Heads, Managers, Supervisors) will be treated as retaliation resulting in disciplinary action up to and including discharge.

Notification to Employees
All County employees will be informed of the availability of these internal grievance/complaint procedures and their right to bring their concerns of harassment and other forms of discrimination to the Affirmative Action Officer.

County employees may also exercise their legal options to file complaints with the Tompkins County Human Rights Commission, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor - Office of Federal Contract Compliance Programs, the Federal Highway Administration, the New York State Department of Transportation, the Wage and Hour Division of the U.S. Department of Labor and any other state, federal or local enforcement agencies.

Record Keeping
All records of informal complaints/grievances and dispositions thereof shall be maintained and reviewed on a regular basis by the Affirmative Action Officer to detect any patterns in the nature of the grievances.  Records so retained shall be confidential except where disclosure is required by law.

The County’s Affirmative Action Programs shall contain a summary of the matters alleged, the results thereof and the length of time required to resolve the informal complaint/grievance.  Where informal allegations have resulted in complaints to enforcement agencies, the plan shall provide information on the number of such complaints, investigating agency, whether such matter is currently pending or the outcome thereof.  All records relevant to employee grievances filed under these procedures shall be maintained by the agency for examination by the Tompkins County Human Rights Commission.

It is the policy of the Board of Representatives and Tompkins County to maintain a work environment free of unlawful discrimination for all employees.  Sexual Harassment is a form of unlawful sex discrimination which, if established, violates this policy.  Sexual Harassment is a violation of Section 703 (Part 1604) of Title VII of the Civil Rights Act of 1964 on the basis of gender.  It is also a violation of Section 296 of the New York Executive Law (Human Rights Law) on the basis of sex/gender.

 Federal and State case law has determined that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
 

1.  Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

2.  Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual;

3.  Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

 Courts have also held employers legally liable for:
 

1.  Sexual harassment by co-workers where the employer knew of or should have known of the conduct but failed to take immediate corrective action to prevent further conduct;

2.  Sexual harassment by non-employees on the employer’s premises, unless the employer proves it took immediate and corrective action; or

3.  Retaliation against any person for making a sexual harassment allegation.

The County is cognizant of its exposure to legal liability for quid pro quo and hostile environment sexual harassment and seeks to protect/limit such exposure to liability by using preventive measures such as, but not limited to:
 

1.  Expressing strong disapproval of inappropriate conduct which may be construed as sexual harassment.
 

2.  Establishing a Board Policy Prohibiting Sexual Harassment that is posted and well publicized.

3.  Showing employees how to file complaints with assurances of confidentiality, impartiality and quick/thorough resolution.

4.  Making counseling available for both the alleged harasser and the victim.

Tompkins County department heads, managers, supervisors, and employees must refrain from such conduct or behavior.  Allegations of sexual harassment will be investigated immediately and thoroughly.  The facts when compared to the legal standard for evaluating sexual harassment claims will determine the response to each allegation.  Substantiated claims of sexual harassment will be met with appropriate corrective/disciplinary action, up to and including discharge.  All information gathered in the deposition of each allegation will be handled in a confidential manner.

Sexual Harassment is a form of unlawful sex discrimination and will not be tolerated in any County Department any more than harassment based upon gender, sexual orientation, ethnicity, race, color, national origin,  religion, disability, and other EEO-protected categories.  Any questions concerning this policy or any complaints of sexual harassment should be immediately directed to the Affirmative Action Officer, if informal, or the Tompkins County Human Rights Commission, if formal.

The development and implementation of programs are important parts of the road to affirmative action and equal opportunity.  As such, the Community Affirmative Action Committee may explore and recommend the implementation of the following innovative programs:
 

(1) utilization of noncompetitive positions;
(2) summer employment programs;
(3) youth programs;
(4) apprenticeship or intern programs;
(5) free civil service examination preparation for job applicants and County
employees;
(6) job sharing arrangements;
(7) day care programs;
(8) creation of new positions;
(9) reassignments; or
(10) any positive, result-oriented program designed to achieve affirmative action
(i.e., the elimination of under-utilization of minorities and women)

I. LAWS/REGULATIONS

Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended, 38 USC 2012; Section 503 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990, Chapter 60--Office of Federal Contract Compliance Programs, Equal Employment Opportunity, United States Department of Labor.

Tompkins County’s policy of nondiscrimination and affirmative action in the employment and promotion of qualified persons with disabilities, special disabled veterans and Vietnam era veterans is defined by the following Federal statutes and their implementing regulations:

 (1)        The Vietnam Era Veteran’s Readjustment Assistant Act of 1974, as amended;

 (2)        Section 503 of the Rehabilitation Act of 1973, as amended.
 

A.  DEFINITIONS

Veteran of the Vietnam Era or Vietnam Era Veteran means a person who:

 (1)  served on active duty for a period of more than 180 days, any part of which occurred  between August 5, 1964 and May 7, 1975, and was discharged or released therefrom with other  than a dishonorable discharge; or

 (2)  was discharged or released from active duty for a service-connected disability if any
 part of such active duty was performed between August 5, 1964 and May 7, 1975.

Special disabled veterans means:

 (1)  a veteran who is entitled to compensation (or who but for the receipt of military retired pay  would be entitled to compensation) under laws administered by the Secretary (Secretary of  Labor, U.S. Department of Labor) for a disability (i) rated at 30 percent or more, or (ii) rated at  10 or 20 percent in the case of a veteran who has been determined under section 3106 of the Act  to have a serious employment disability; or

 (2)  a person who was discharged or released from active duty because of service-connected  disability.

Individual with a disability means any person who:

 (1)  has a physical or mental impairment which substantially limits one or more of such  person’s major life activities;

Physical or mental impairment means: (a) any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:  neurological, muscloskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or (b) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Substantially limits means: (a) unable to perform a major life activity that the average person in the general population can perform; or (b) significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.

Major life activity means: (a) functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

 (2)  has a record of such impairment, meaning has a history of, or has been misclassified as  having, a mental or physical impairment that substantially limits one or more major life  activities; or

 (3)  is regarded as having such an impairment, meaning (a) has a physical or mental impairment  that does not substantially limit major life activities but is treated by the County as constituting  such limitation; (b) has a physical or mental impairment that substantially limits major life  activities only as a result of the attitudes of others towards such impairment; or (c) has none of  the impairments defined in (a) or (b), but is treated by the County as having a substantially  limiting impairment.

Persons also included within the definition of individuals with disabilities are those who:  (1) have successfully completed a supervised drug rehabilitation program and are no longer engaging in the illegal use of drugs, or have otherwise been rehabilitated successfully and are no longer engaging in such use; (2) are participating in a supervised rehabilitation program and are no longer engaging in such use; or (3) are erroneously regarded as engaging in such use, but are not engaging in such use.

[Note that all persons included within the definition of individuals with disabilities must satisfy the requirements of the definition of “qualified individual with a disability” as well defined within this definition section.]

Exceptions to the definition of individuals with disabilities who: (1) are currently engaged in the illegal use of drugs, when the employer acts on the basis of such use; (2) are alcoholics; (3) who currently have a contagious disease or infection; and (4) who are homosexuals, bisexuals or have other sexual- or gender-based conditions; and (5) who have other conditions.

“Drugs” mean: a controlled substance as defined by the Controlled Substances Act (21 USC 812).

“Illegal Use of Drugs” means: the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act but does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal or State Law.

An “alcoholic” means: an individual whose (a) current use of alcohol prevents such individual from performing the essential functions of the employment position such individual holds or desires, or (b) employment, by reason of such current alcohol abuse, would constitute a direct threat to property or to the health or safety of the individual or others.

A person currently having a “contagious disease or infection” is one who: (a) by reason of such disease or infection, would constitute a direct threat to the health or safety of the individual or others or (b) by reason of the currently contagious disease or infection, is unable to perform the essential functions of the employment position such individual holds or desires.

“Homosexuality, bisexuality, and other sexual- and gender-based conditions”: are not impairments or disabilities and include transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders.

“Other conditions” include: compulsive gambling, kleptomania, pyromania, psychoactive substance use disorders resulting from current illegal use of drugs.

 The affirmative action regulation for persons with disabilities permits the County to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who is covered by the definition of an individual with a disability is no longer engaging in the illegal use of drugs.  Drug testing to determine the illegal use of drugs is not considered a medical examination.  (See Section III part D of this document for more information concerning Drugs and Alcohol)

Qualified individual with a disability means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.  The same exceptions to the definition of individual with a disability apply to the definition of qualified individual with a disability.

“Essential functions” means: fundamental job duties of the employment position the individual with a disability holds or desires based upon, but is not limited to the following:  (1) the County’s judgment as to which functions are essential; (2) written job descriptions prepared before advertising or interviewing applicants for the job; (3) the amount of time spent on the job performing the function; (4) the consequences of not requiring the incumbent to perform the function; (5) the terms of a collective bargaining agreement; (6) the work experience of past incumbents in the job; and/or (7) the current work experience of incumbents in similar jobs.

“Reasonable accommodation” means: (1) modifications or adjustments to a job applicant process that enable a qualified applicant with a disability to be considered for the position such applicant desires; (2) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or (3) modifications or adjustments that enable the County’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by the County’s other similarly situated employees without disabilities.

“Undue Hardship” means: with respect to the provision of an accommodation, significant difficulty or expense incurred by the County, when considered in light of the factors set for below:
 

the nature and net cost of the accommodation needed, taking into consideration the availability of tax credits and deductions, and/or outside funding;

the overall financial resources of the County, the number of persons employed by the County, and the effect on expenses and resources;

the type of operation(s) of the County, including the composition, structure and functions of the workforce of the County; and

the impact of the accommodation upon the operation of the County, including the impact on the ability of other employees to perform their duties and the impact of the County’s ability to conduct business.

“Qualification Standard” means: the personal and professional attributes including the skill, experience, education, physical, medical, safety and other requirements established by the County as requirements which an individual must meet in order to be eligible for the position held or desired.

“Direct Threat” means: a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation, the determination of which is based upon an individualized assessment of the individual’s present ability to perform safely the essential functions of the job.  The burden of establishing direct threat is on the County.

II. AFFIRMATIVE ACTION CLAUSE and EQUAL OPPORTUNITY CLAUSE

(Section 60-254.4 - Affirmative Action for Veterans, Section 60-741.5 - Affirmative Action for Persons with Disabilities)

Tompkins County shall include the required affirmative action clause in each of its covered contracts and subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract) in excess of $10,000 in accordance with the affirmative action regulations for special disabled veterans and Vietnam era veterans.  The affirmative action clause, which may be incorporated by reference into the County’s covered contracts and subcontract, shall read as follows:

AFFIRMATIVE ACTION FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA

In addition, the  following equal opportunity clause shall be included in each of the County’s contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract):

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

Once the affirmative action clause is determined to be applicable, the contract shall continue to be subject to such clause for its duration, regardless of the amounts ordered, or reasonably expected to be ordered in any year.  The County shall include the provisions of this clause in every subcontract or purchase order of $10,000 or more.  The County will take such action with respect to any subcontractor or vendor to enforce such provisions.

The County does not discriminate against any employee or applicant for employment because s/he is a special disabled veteran, Vietnam era veteran or individual with a disability in regard to any position for which the employee or applicant for employment is qualified.  The County agrees to take affirmative action to employ, advance in employment and otherwise treat qualified special disabled veterans, Vietnam era veterans and individuals with disabilities without discrimination based upon the disability or veteran status in all employment practices such as the following:
 

• outreach, recruitment and advertising
• job applicant procedures
• hiring and transfers
• selection for training, including apprenticeship
• upgrading and promotion
• demotion
• layoff or termination
• leaves of absence, sick leave, or any other leave
• right of return from layoff or rehiring
• rates of pay or other forms of compensation and changes in compensation
• fringe benefits available by virtue of employment, whether or not administered by the County
• activities sponsored by the County including social or recreational programs
• any other terms, condition, privilege or benefit of employment

The County agrees to post in conspicuous places, available to employees and applicants for employment, notices which state the rights of applicants and employees as well as the County’s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans, Vietnam era veterans and individuals with disabilities.

The County agrees to list all employment openings at an appropriate local office of the State employment service system wherein the opening occurs.  Listing of employment openings with the State employment service system is made concurrently with the use of any other recruitment source or effort and involve the normal obligations which attach to the placing of a bonafide job order, including the acceptance of referrals of veterans and non-veterans.

The County will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the institution is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act and Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment, qualified special disabled veterans, Vietnam era veterans and individuals with disabilities.

The covered employment activities include all those employment activities listed in this program dealing with the County’s affirmative action obligations for persons with disabilities relative to the equal opportunity clause.

In addition, it is unlawful for the County to:

 - deny an employment opportunity or benefit or otherwise to discriminate against a qualified
individual with a disability because of that individual’s disability.  Unless otherwise permitted by the affirmative action regulation for persons with disabilities, it is unlawful for the County to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability.

- participate in a contractual or other arrangement or relationship, that has the effect of subjecting
the County’s own qualified applicant or employee with a disability to prohibited discrimination.

- use standards, criteria, or methods of administration, that are not job-related and consistent with
business necessity, and that: (1) have the effect of discriminating on the basis of disability; or (2) perpetuate the discrimination of others who are subject to common administrative control.

- exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual
because of the known disability of an individual with whom the qualified individual is known to have a family, business, social or other relationship or association.

- fail to make a reasonable accommodation to the known physical or mental limitations of an
otherwise qualified applicant or employee with a disability, unless the County can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

Note that a qualified individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept.  However, if such individual rejects a reasonable accommodation, aid, service, opportunity or benefit that is necessary to enable the individual to perform the essential functions of the position held or desired, and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered a qualified individual with a disability.
 

-  use qualification standards, employment tests or other selection criteria that screen out or tend to
screen out an individual with a disability or a class of individuals with disabilities, on the basis of disability, unless the standard, test or other selection criterion, as used by the County, is shown to be job-related for the position in question and is consistent with business necessity.

Note that the County may use as a qualification standard the requirement that an individual be able to perform the essential functions of the position held or desired without posing a direct threat to the health or safety of the individual or others in the workplace.  Selection criteria that concern an essential function may not be used to exclude an individual with a disability if that individual could satisfy the criteria with provision of a reasonable accommodation to an individual with a disability or a class of individuals because of disability but concern only marginal functions of the job would not be consistent with business necessity.  The County may not refuse to hire an applicant with a disability because the applicant’s disability prevents him or her from performing marginal functions.

Note also that the Uniform Guidelines on Employee Selection Procedures (41 CFR part 60-3) do not apply to the Rehabilitation Act and are similarly inapplicable here.
 

- fail to select and administer civil service tests in the most effective manner to ensure that, when
a civil service test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, the civil service test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant, except where such skills are the factors that the civil service test purports to measure.

- reduce the amount of compensation offered because of any income based upon a disability-
related pension or other disability-related benefit the applicant or employee receives from another source as it pertains to the County’s offer of employment or promotion to individuals with disabilities.

A. Direct Threat Defense

The County may use as a qualification standard the requirement that an individual be able to perform the essential functions of the position held or desired without posing a direct threat to the health or safety of the individual or others in the workplace.

B. Medical Examinations and Inquiries

It is unlawful for the County to require a medical examination of an applicant or employee or to make inquiries as to whether an applicant or employee is an individual with a disability or as to the nature or severity of such disability.  The County, however, may:
 

- make pre-employment inquiries into the ability of an applicant to perform job-related functions,
and/or may ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions.

- require a medical examination (and/or inquiry) after making an offer of employment to a job
applicant and before the applicant begins his or her employment duties, and may condition an offer of employment on the results of such examination (and/or inquiry), if all entering employees in the same job category are subjected to such an examination (and/or inquiry) regardless of disability.  Note that these examinations do not have to be job-related and consistent with business necessity.

- require a post-employment medical examination (and/or inquiry) of an employee that is job-
related and consistent with business necessity.  The County may make inquiries into the ability of an employee to perform job-related functions.

- conduct voluntary medical examinations and activities, including voluntary medical histories,
which are part of an employee health program available to employees at the work site.  Note that these examinations do not have to be job-related and consistent with business necessity.

Relative to medical examinations and inquiries mentioned above that do not have to be job-related and consistent with business necessity, if certain criteria are used to screen out an applicant(s) or an employee(s) with disabilities as a result of such examinations or inquiries, the County must demonstrate that the exclusionary criteria are job-related and consistent with business necessity, and that performance of the essential job functions cannot be accomplished with reasonable accommodations.

Whenever the County inquires into an applicant’s or employee’s physical or mental condition or conducts a medical examination prior to employment or change in employment status, such information obtained in response to such inquiries or examination are kept confidential.  Information obtained under this section regarding the medical condition or history of any applicant or employee shall be collected and maintained on separate forms and in separate medical files and treated as a confidential medical record.

Information obtained under this section regarding medical condition or history of any applicant or employee are kept confidential, except that:  (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the applicant or employee and necessary accommodations; (ii) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (iii) government officials engaged in enforcing the laws administered by the federal government enforcing the Rehabilitation Act of 1973, as amended by the Americans with Disabilities Act of 1990.

C. Omnibus Transportation Employee Testing Act

According to the provision of the Omnibus Transportation Employee Testing Act, the County must conduct drug and alcohol testing for its employees who are required to carry commercial drivers licenses in order to execute the duties of their jobs.

D. Drugs and Alcohol

Pursuant to the affirmative action regulation for persons with disabilities, the County is permitted to:
 

(1)        prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;

(2)        require that employees not be under the influence of alcohol or be engaging in the illegal use of
drugs at the workplace;

(3)         require that all employees behave in conformance with the requirements established under the
Drug-Free Workplace Act of 1988 (41 USC 701);

(4)        hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same
qualification standards for employment or job performance and behavior to which the County holds its other employees, even if any unsatisfactory performance or behavior is related to the employee’s drug use or alcoholism;

(5)        require that its employees in an industry subject to such regulations comply with the standards
established in the regulations (if any) of the Departments of Defense and Transportation, and of the Nuclear Regulatory Commission, and other Federal agencies regarding alcohol and the illegal use of drugs; and

(6)        require that employees employed in sensitive positions comply with the regulations (if any) of
the Departments of Defense and Transportation, and of the Nuclear Regulator Commission, and other federal agencies that apply to employment in sensitive positions subject to such regulations.

Any information regarding the medical condition or history of any employee or applicant obtained from a test to determine the illegal use of drugs, except information regarding the illegal use of drugs, is subject to the requirements concerning medical examinations and inquiries contained within this document.

E.  Health Insurance, Life Insurance and Other Benefit Plans

An insurer, hospital, or medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or similar organizations, may underwrite risks, classify risks, or administer such risks that are based on or not inconsistent with State law, unless these activities are used as a subterfuge to evade the purposes of this part.  The County may:
 

- unless used as a subterfuge to evade the purposes of this part, establish, sponsor, observe or
administer the terms of a bonafide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law and is not subject to State laws that regulate insurance.

- not deny a qualified individual with a disability equal access to insurance or subject a qualified
individual with a disability to different terms or conditions of insurance based on disability alone, if the disability does not pose increased risks.

A.  County’s Affirmative Action Programs

The County’s Affirmative Action Programs for persons with disabilities and veterans are maintained in one written document separately from its affirmative action programs for minorities and women.  The County’s Affirmative Action Programs set forth the County’s policies and procedures in accordance with the regulations and are reviewed and updated annually.  If there are any significant changes in procedures, rights or benefits as a result of this annual review, those changes shall be communicated to employees and applicants for employment.  These Programs shall be available for inspection, upon request, to any employee or applicant for employment.  The location and hours during which the written Programs may be obtained, shall be posted within each County department and at the Personnel Department located at 125 East Court Street, Ithaca, NY  14850.

 1.  Internal Communications

 A strong outreach program will be ineffective without adequate internal support from supervisory  and management personnel and other employees.  In order to assure greater employee cooperation  and participation in the County’s Affirmative Action Program efforts, it has developed internal  procedures for communication of its obligation to engage in affirmative action efforts to employ  and advance in employment qualified veterans and individuals with disabilities.  The County  adopts, implements and disseminates its Programs internally by means which include, but may not  be limited to, the following noting that the scope of the County’s efforts depend upon all the  circumstances, including the County’s size and resources, and the extent to which existing  practices are adequate:
 

(a)  By incorporation in the County’s Personnel Policies.

(b)  By periodically informing all employees and prospective employees of its
commitment to engage in affirmative action to increase employment opportunities for qualified individuals with disabilities and qualified special disabled veterans and Vietnam era veterans.

(c)  By publication in an official County publication.

(d)  By special meetings conducted with the Board, Department heads, managers and
supervisors to explain the intent and individual supervisory responsibility for the effective implementation, making clear the Board chair’s attitude and commitment in support of affirmative action program efforts.

(e)  By special meetings with employees which include, but may not be limited to,
employee orientations and management/supervisory training programs to discuss Board Policy and explain individual employee responsibilities.

(f)  By communication with union officials to inform them of the County’s policy and
request their cooperation.

(g)  By inclusion of nondiscrimination clauses in all union agreements and by review
of all contractual provisions to ensure nondiscrimination.

(h)  By publication of articles covering progress reports, promotions, etc. of disabled
employees, special disabled veteran employees and Vietnam era veteran employees in County publications.

(i)  By posting the Board’s Policy on designated bulletin boards within departments,
including a statement that employees and applicants are protected from coercion, intimidation, interference or discrimination for filing a complaint or assisting in an investigation into discriminatory conduct.

(j)  By featuring disabled employees, special disabled veteran employees and Vietnam
era veteran employees in employee handbooks or similar publications for employees.

 2.     External Communications

The County shall undertake appropriate communication strategies which include, but may not be
limited to, the following noting that the scope of the County’s efforts shall depend upon all the
circumstances, including it’s size and resources, and the extent to which existing employment
practices are adequate:
 

(a)  Sending written notification of the Affirmative Action Policy to all subcontractors,
vendors and suppliers, requesting appropriate action on their part.

(b)  Developing reasonable internal communication procedures to ensure that its
obligations to engage in affirmative action to employ and promote qualified disabled individuals, special disabled veterans and Vietnam era veterans is being fully implemented.

(c)  Periodically informing all current and prospective employees of its commitment to
engage in affirmative action to increase employment opportunities for qualified special
disabled veterans, Vietnam era veterans and disabled individuals.

B. Responsibility for Implementation

The ultimate responsibility for the implementation of the County’s Affirmative Action programs rests with the Board who has assigned overall responsibility for affirmative action and equal employment opportunity matters throughout the County to the Affirmative Action Officer.

The Affirmative Action Officer’s identity and location will appear on all internal and external communications regarding the County’s Affirmative Action Programs.  The Affirmative Action Officer is assured the necessary top management support and staff to manage the implementation of these Programs.

More specifically, the overall responsibilities of the Affirmative Action Officer include, but may not be limited necessarily to, the following:
 

1.         Developing policy statements and procedures for affirmative action implementation, including
regular discussions with Board, department heads, managers, supervisors and employees to be certain the County’s policies are being followed.

2.          Identifying problem areas and developing solutions, in conjunction with the Community
Affirmative Action Committee, department heads and other appropriate personnel, known disabled persons and known veterans, in the implementation of these Programs.

3.         Serving as liaison between the County and enforcement agencies, as appropriate.

4.         Serving as liaison between the County and organizations serving disabled persons, special
disabled veterans and Vietnam era veterans and arranging for the active involvement of the County’s representatives in the community service programs of local organizations representing these groups.

5.          Keeping the Board and department heads informed of the latest developments in the entire
affirmative action area, in conjunction with the County Attorney and the Tompkins County Human Rights Commission.

6.          Arranging for the career counseling of known special disabled veterans and Vietnam era
veterans.

7.          Informing department heads, supervisors and managers that (i) their work performance is being
evaluated on the basis of their affirmative action efforts and results, as well as other criteria and (ii) the County is obligated to prevent harassment of employees placed through the County’s Affirmative Action Program efforts.

In addition, the Affirmative Action Officer, in consultation with the County Attorney and/or the Tompkins County Human Rights Commission, determines whether individuals who identify themselves as disabled fall within the prescribed definition of an individual with a disability for purposes of providing reasonable accommodation.

The Community Affirmative Action Committee is responsible for these Programs in the same manner as described in the County’s Affirmative Action Programs dealing with the underutilization of women and minorities.

The Department Heads are responsible for these Programs in the same manner as described in the County’s Affirmative Action Programs dealing with the underutilization of women and minorities.

The County Training Coordinator, in conjunction with the Affirmative Action Officer and the Tompkins County Human Rights Commission, is responsible for training all personnel involved in the recruitment, screening, selection, promotion, disciplinary and related processes are carefully selected and trained to ensure that the commitments in the County’s Affirmative Action Programs are implemented.

C. Outreach and Recruitment

The County shall undertake appropriate outreach and positive recruitment activities including, but not limited to the following, noting that the scope of the County’s efforts shall depend upon all the circumstances, including it’s size and resources, and the extent to which existing employment practices are adequate:

      Continuing to enlist the assistance of and inform the County’s recruiting sources of its policy and
      commitment to provide meaningful employment opportunities to qualified individuals with
      disabilities and qualified special disabled veterans and Vietnam era veterans.  These sources include,
      but may not be limited to, the following:
 

- contact with the local Veterans Employment Representative or his/her designee in the New York State Employment Service Office to recruit job-ready veterans and to develop on-the-job training opportunities for covered veterans wherever feasible;

- contact with the local office of the New York State Division of Veteran Affairs to develop on-the-job training opportunities for covered veterans and to recruit job-ready veterans;

- contact with the office of the National Alliance of Business persons in order to cooperate in the Jobs for Veterans’ Program;

- contact with local veterans’ groups and veterans’ service centers for the recruitment of covered veterans;

- contact with the State employment security agencies, State vocational rehabilitation agencies or facilities, sheltered workshops, college placement officers, State education agencies, labor organizations and organizations of or for individuals with disabilities;

- recruit at schools by incorporating special efforts to reach students with disabilities;

- engage in recruitment activities at educational institutions which participate in training of individuals with disabilities;

- establish meaningful contacts with local organizations serving individuals with disabilities, appropriate social service agencies, vocational rehabilitation agencies or facilities, for advice, technical assistance and referral of potential employees;

- review employment records to determine:  (i) the availability of promotable and transferable qualified known special disabled veterans and Vietnam era veterans presently employed; and (ii) whether their present and potential skills are being fully utilized or developed;

- consider all qualified disabled persons and special disabled veterans and Vietnam era veterans not currently in the workforce, who have requisite skills who can be recruited through affirmative action measures;

- include disabled employees when employees are pictured in publications and promotional or help wanted advertising;

- take positive steps to attract and consider all qualified individuals with disabilities and qualified special disabled veterans and Vietnam era veterans not currently in the workforce who have requisite skills and can be recruited through affirmative action measures.

D. Invitation to Voluntary Self Identify Disability and Veteran Status

Effective August 29, 1996, the County may only request voluntary self-identification of disability and/or veteran status from job candidates to whom an offer of employment has been extended, whether or not the candidate accepts the job offer.  The voluntary self-identification process provides persons who believe they are covered by the Programs to identify their disability and/or veteran status.  The invitation to self-identification must state that a request to benefit under the County’s Affirmative Action Programs herein may be made immediately and/or at any time in the future, and that refusal to provide information on disability or veteran status will not subject the applicant to adverse treatment.

The County may invite voluntary self-identification of disability and/or veteran status at the pre-offer stage only when:

1.      the County actually is undertaking affirmative action for individuals with disabilities, special
        disabled veterans, and Vietnam era veterans at the pre-offer stage; or

2.     pursuant to a federal, state or local law requiring affirmative action for individuals with
        disabilities, special disabled veterans and Vietnam era veterans.

No employee, however, is precluded from informing the County Affirmative Action Officer at a future time of his/her desire to benefit from one or both of these voluntary self-identification programs.  In addition, nothing in this section relieves the County of its obligation to take affirmative action with respect to those applicants or employees who are known to the County to be special disabled veterans, Vietnam era veterans or persons with disabilities, whether or not these persons voluntary self-identify their disability and/or veteran status to the Affirmative Action Officer.  Furthermore, nothing in this section relieves the County from liability for discrimination.

E. Review of Personnel Processes

The County periodically reviews its personnel policies, procedures, and processes to ensure careful, thorough, and systematic consideration of the job qualifications of applicants and employees with known disabilities, as well as known special disabled veteran applicants and Vietnam era veteran applicants, for job vacancies filled either by hiring or promotion, and for all training opportunities offered or available.

A description of the review and any necessary modifications to personnel processes or development of new processes shall be included in the County’s Affirmative Action Programs.

In determining the qualifications of a covered veteran, the County considers only that portion of the military record, including discharge papers, relevant to the specific job qualifications for which the veteran is being considered.  To the extent that it is necessary to modify personnel procedures, the County shall include the development of new procedures for this purpose in the County’s Affirmative Action Programs.

F. Physical and Mental Qualifications

The County provides in its Programs, and adheres to, a schedule for the periodic review of all physical and mental job qualification standards to ensure that, to the extent qualification standards tend to screen out qualified individuals with disabilities and special disabled veterans, they are job-related for the position in question and are consistent with business necessity.  The periodic review takes place twice a year -- January and July.

The purpose of this review gives special attention to physical and mental job qualification requirements to insure:  (1) their job-relatedness, consistency with business necessity and with safe performance of the job; and (2) that these qualification requirements do not screen out qualified persons with disabilities and qualified special disabled and Vietnam era veterans.

Whenever the County applies physical or mental job qualification requirements in the selection of applicants or employees for employment or other change in employment status such as promotion, demotion or training, to the extent that qualification requirements tend to screen out qualified individuals with disabilities and qualified special disabled veterans, the requirements or standards shall be related to the specific job(s) for which the individual is being considered and shall be consistent with business necessity and the safe performance of the job.

 1.  Reasonable Accommodation to Physical and Mental Limitations of Employees

 The County shall make reasonable accommodation to the known physical or mental limitations of  an otherwise qualified individual with a disability, unless it can demonstrate that the reasonable  accommodation would impose an undue hardship on the operation of its business.

 If an employee with a known disability or who is a known special disabled veteran is having  significant difficulty performing his/her job and it is reasonable to conclude that the performance  problem may be related to the known disability, the appropriate supervisor or manager shall  confidentially notify the employee of the performance problem and inquire whether the problem is  related to the employee’s disability.  If the employee responds affirmatively, the appropriate  supervisor or manager shall confidentiality inquire whether the employee is in need of a reasonable  accommodation.

 In determining the extent of the County’s reasonable accommodation obligations, the following  factors, among others, may be considered:  (1) business necessity and (2) financial cost and  expense to the specific County department.

 To determine the appropriate reasonable accommodation after the Affirmative Action Officer has  determined whether individuals who identify themselves as disabled within the prescribed legal  definition, it may be necessary for the County department head, manager or supervisor to initiate  an informal, interactive process with the qualified individual with a disability in need of the  reasonable accommodation.  This interactive process should identify the precise limitations  resulting from the disability and potential reasonable accommodations that could overcome those  limitations to performing the essential functions of the job.

G.Compensation

In offering employment or promotions to individuals with disabilities, special disabled veterans and Vietnam era veterans, the County may not reduce the amount of compensation offered because of any disability inco