CITY OF SHAWNEE
POLICY STATEMENT
POLICY
CODE NO.
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
1 of 8
PURPOSE
This policy statement outlines the City of Shawnee’s Equal Employment Opportunity and
Nondiscrimination policies and procedures.
POLICY
A.
EMPLOYMENT
It is the policy of the City of Shawnee to provide equal opportunity in employment and
advancement, and to administer its employment practices without regard to ancestry, race,
color, religion, sex, age, national origin, disability, or low income. This policy will prevail
throughout every aspect of employment practices. Any deliberate attempt to impede or to
circumvent this policy shall be grounds for disciplinary action, including suspension, demotion,
or dismissal. Policies and procedures shall include but not be limited to the following actions:
1.
Recruit, hire and promote in all job classifications without regard to ancestry, race,
color, religion, sex, age, national origin, disability, or low income, except where age is a
bona fide occupational qualification.
2.
Base all decisions for hiring or promotions solely upon each individual’s qualifications
for the position to be filled.
3.
Administer all other personnel actions such as compensation, benefits, transfers, layoffs,
return from layoffs, city sponsored training, education, tuition assistance, social and
recreation programs, without regard to ancestry, race, color, religion, sex, age, national
origin, disability, or low income.
4.
Make known that equal employment opportunities are available on the basis of
individual merit and to actively encourage all persons to seek employment and to strive
for advancement on this basis.
5.
Advertise in newspapers that the City of Shawnee is an Equal Opportunity Employer,
and advertise vacancies of employee positions in the news media. Screen all applicants
on a competitive basis without regard to ancestry, race, color, religion, sex, age,
national origin, disability, or low income.
CITY OF SHAWNEE
POLICY STATEMENT
POLICY
CODE NO.
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
B.
C.
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
2 of 8
6.
Maintain the Equal Employment Opportunity plan and procedures as set forth in this
policy and in the Administrative Code.
7.
Comply with provisions of Veteran’s preference in Appointments and Employment,
Kansas Statutes Annotated, 73-201.
FACILITIES AND SERVICES
1.
Public buildings and facilities shall be accessible to individuals with disabilities.
2.
All services and activities provided by the City shall be administered without regard to
ancestry, race, color, religion, sex, age, national origin, disability, or low income.
3.
Any established and proven act of discrimination by an employee or agent of the City of
Shawnee regarding facilities and services shall be grounds for disciplinary action,
including dismissal. Such disciplinary action shall be in addition to any penalties
imposed through due process of law.
HOUSING
The City of Shawnee will provide equality in relocation, condemnation, and replacement
housing.
D.
PURCHASING AND CONTRACTS
1.
Efforts will be made to encourage participation of minority and women-owned
businesses in all aspects of contracting and purchasing.
2.
Opportunities to bid on City projects and services will be published in the official City
newspaper designated by Resolution and in one qualified minority newspaper to be
determined by the Assistant City Clerk based on the lowest cost to advertise.
3.
Purchase agreements and contract agreements shall be awarded without regard to
ancestry, race, color, religion, sex, age, national origin, disability, or low income.
CITY OF SHAWNEE
POLICY STATEMENT
POLICY
CODE NO.
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
4.
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
3 of 8
All contractors who have been awarded contracts shall carry out the project following
nondiscriminatory policies and procedures.
PROCEDURE
A.
EMPLOYMENT
1.
The Equal Employment Opportunity Officer in the City of Shawnee is the Assistant
City Manager. Responsibilities and duties of the Equal Employment Opportunity
Officer are to coordinate efforts to advise and assist staff in implementing the
aforementioned Civil Rights Acts and to serve as ombudsman for any complaints;
specifically, this official is responsible for:
(a)
(b)
(c)
(d)
(e)
Reviewing all policies related to Equal Opportunity in order to guarantee
effective implementation of the laws;
Designing and implementing record systems for minority employment
information;
Handling complaints and grievances in accordance with this policy;
Encouraging minority employees to increase their skills and job potential
through participating in training and educational programs;
Posting in conspicuous places, notices and other information identifying that the
City of Shawnee is an Equal Opportunity Employer;
2.
This Policy Statement does not prohibit the rights of any City employee to file a
discrimination grievance(s) with either or both, the Kansas Human Rights Commission,
900 S.W. Jackson, Ste. 851-S, Topeka, Kansas 66612, or to the local Equal
Employment Opportunity Commission, Gateway Tower II, 4th and State Avenue,
Kansas City, Kansas, 66106.
3.
If there is an employment discrimination concern with the City of Shawnee, the
following should occur:
(a)
If the individual is a current employee, the employee should follow the
procedure in the Personnel Manual.
CITY OF SHAWNEE
POLICY STATEMENT
POLICY
CODE NO.
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
(b)
B.
C.
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
4 of 8
If the complaint does not receive a satisfactory solution, the individual may
contact the Kansas Human Rights Commission. The individual has six (6)
months to file the grievance from the date of the alleged violation.
FACILITIES AND SERVICES
1.
Policy Statement-26, Americans with Disabilities Act of the City of Shawnee clearly
establishes procedures for complying with non-discrimination practices regarding
access to public buildings and facilities for individuals who are disabled.
2.
An effort shall be made to perform periodic studies to determine the total population,
average income, age, gender and ethnic composition of the City. This information is
necessary to ensure that roads, facilities, and services are equally maintained in all
neighborhoods.
HOUSING
1.
Relocation assistance or treatment shall be provided in the same or similar manner to all
community members.
2.
Payments or property valuations for similar property shall be equitable.
3.
Replacement housing shall be comparable to property being replaced.
4.
Equitable consideration will be given to property values and tax base.
5.
Health and environmental impacts should not disproportionately affect one
neighborhood.
6.
An effort shall be made to encourage members of the community to participate in the
planning and development of City projects.
CITY OF SHAWNEE
POLICY STATEMENT
POLICY
CODE NO.
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
D.
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
5 of 8
PURCHASING AND CONTRACTS
1.
A resource directory of minority and women owned businesses that supply goods and
services shall be kept on file in the office of the City Clerk. The Kansas Department of
Transportation currently sends the City of Shawnee an updated directory every three
months.
2.
Contracts let by the City of Shawnee shall contain the following requirements:
(a)
Contracts shall include language that indicates the City’s requirements, such as
the following statement:
“During the performance of this contract or any subcontract resulting there from,
the Contractor, all subcontractors and vendors shall observe the provisions of the
Kansas Acts Against Discrimination (K.S.A. 44-1001, et seq.) and Title VI of
the Civil Rights Act of 1964 as amended and shall not discriminate because of
ancestry, race, color, religion, sex, age, national origin, disability, or low
income. In all solicitations or advertisements for employees the Contractor, all
subcontractors and vendors shall include the phrase “equal opportunity
employer” or a similar phrase to be approved by the State Civil Rights
Commission.
If the Contractor, a subcontractor or vendor is found guilty of a violation of the
Kansas Acts Against Discrimination under a decision or order of the State Civil
Rights Commission which has become final, the Contractor, subcontractor or
vendor shall be deemed to have breached this contract and it may be terminated
or suspended, in whole or in part by the City.”
(b)
The Public Works Department of the City of Shawnee shall keep a record of bid
proposals for contracts in individual project files.
(c)
The contractor shall not discriminate against any employee or applicant for
employment based on ancestry, race, color, religion, sex, age, national origin,
disability, or low income. The contractor will be an Equal Opportunity
Employer and ensure fair and nondiscriminatory treatment in employment,
layoffs, recruitment, compensation, and training. Notices of such policies shall
be posted in conspicuous places available to employees and applicants for
employment.
CITY OF SHAWNEE
POLICY STATEMENT
POLICY
CODE NO.
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
E.
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
6 of 8
(d)
The contractor will comply with all provisions of Executive Order Nos. 11246
and 11063, and all rules, regulations, and relevant orders of the Department of
Labor and the City of Shawnee, with respect to equal opportunity employment.
(e)
Such provisions are applicable to all sub-contractors, and the contractor will take
action with respect to any sub-contractor as the above agencies enforce such
provisions.
(f)
Non-compliance with the equal employment opportunity and non-discriminatory
clauses of any contract is cause for termination or suspension of the contract or
any sub-contract in which there is non-compliance.
(g)
These requirements shall be covered in a pre-construction conference, which
shall include representatives of the City of Shawnee, the contractor, and the subcontractors. The status of the contractor as an Equal Opportunity Employer
shall be reviewed as it relates to the work force involved in the contract.
GRIEVANCE PROCEDURE
It is the right of every individual who feels aggrieved through discrimination on the basis of
ancestry, race, color, religion, sex, age, national origin, disability, or low income, in regards to
those areas discussed in Sections A through D of this policy, to file a written grievance with the
City of Shawnee.
1.
Within five (5) working days after receipt of said grievance, the City of Shawnee shall
file a copy of the grievance with the Equal Opportunity Officer, Department of the
Interior, Washington, D.C., and with the State Liaison Officer, P.O. Box 977, Topeka,
Kansas 66601.
2.
If the grievance is not resolved to the satisfaction of the grievant, an additional
grievance may be filed with the Kansas Human Rights Commission.
3.
The grievant may, at any time within six (6) months from the date of the alleged act of
discrimination, file a grievance with the Equal Opportunity Office, Department of
Interior, Washington, D.C. Further, the grievant shall have full recourse to all remedies
of law in seeking satisfactory disposition of any alleged act of discrimination.
CITY OF SHAWNEE
POLICY STATEMENT
POLICY
CODE NO.
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
4.
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
7 of 8
The grievant may, at any time during the course of settlement of the grievance,
withdraw the grievance by written notification to all parties involved. Such withdrawal
shall not jeopardize the right of any person complained against from seeking legal relief
of slander, libel, or false accusation, if such action is believed warranted.
APPROVAL AND REVISION DATES
November 9, 1976
January 10, 2000
April 14, 2003
January 8, 2006
OTHER REFERENCE
November 9, 1976, Resolution #421
January 10, 2000 City Council Minutes, Agenda Item # 14b
April 14, 2003Agenda Item 18c
November 21, 2006 Public Works and Safety Committee Minutes, Agenda Item # 1
January 8, 2007 City Council Minutes, Agenda Item # 23
The Kansas Acts Against Discrimination, K.S.A. 44-1001, et seq. - make it unlawful for an employer
to discriminate against an individual in the hiring, termination, or in other terms and conditions of
employment on the basis of that person’s race, religion, color, sex, disability, or national origin.
Title VI. Civil Rights Act of 1964 - provides that no person shall be excluded from participation, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
federal financial assistance, including Federal Code of Regulations, Title 43, Part 17, Public Law
88352, Section 601 and 602. Discrimination is prohibited on the basis of race, color, sex, national
origin, age, disability, or low-income status.
The Federal Rehabilitation Act of 1973, Section 501, the K.S.A 44-1001 et seq., and the Americans
with Disabilities Act of 1990 - prohibits discrimination against qualified physically or mentally
disabled individuals.
The Age Discrimination Act of 1975 and K.S.A. 44-1111 et seq. - prohibit discrimination on the basis
of age.
CITY OF SHAWNEE
POLICY STATEMENT
SUBJECT:
Equal Employment Opportunity and NonDiscrimination
POLICY
CODE NO.
PS-03
EFFECTIVE
DATE
11/09/1976
REVISED
DATE
PAGE
12/11/2006
8 of 8
Section 109, Housing and Community Development Act of 1974 - provides that no person shall be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
Title VIII. Civil Rights Act of 1968 - provides for fair housing throughout the United States.
Discrimination prohibited: discrimination in terms, conditions and privileges; discriminatory
advertising; false representation; block busting; discrimination in financing; and discrimination in
membership in multiple-listing services and real estate brokers’ organizations.
Executive Order 11063 - requires equal opportunity in housing and related facilities provided by
Federal financial assistance.
Executive Order 11246 as amended by Executive Order 11375 - requires nondiscrimination in
employment under federally assisted contracts.
K.S.A. 44-1030 - provides that every contract for or on behalf of the city shall contain
nondiscrimination provisions that the contractor must agree to follow.
Executive Order 12898 of 1995 - provides that there be no discrimination based on low-income status.
U.S. Department of the Interior, Bureau of Outdoor Recreation, and the Interior Office of Equal
Opportunity, and Public Law 88-578 - provides that there be no discrimination in the use of public
facilities when federal financial assistance is used.
Title 49 Code of Federal Regulations Part 23 and the Kansas Department of Transportation
Disadvantaged Business Enterprises Program - provide for supporting the fullest possible participation
of firms owned and controlled by minorities and women in the bidding process for transportationrelated contracts with any jurisdiction that receives federal financial assistance.
Jeff Meyers, Mayor
Vicki Charlesworth, City Clerk