equal employment opportunity plan · southwest transit’s equal employment opportunity (eeo)...
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Equal Employment Opportunity Plan
FTA 2019—2022
SouthWest Transit 2019—2022
Equal Employment Opportunity Plan Table of Contents
Statement Of Policy………………………………2
SouthWest Transit Background …………….3
Policies …………………………….…………………..4
Communication Plan …………………………...6
Responsibilities ..……………….………………...7
Utilization Analysis .………….…………………10
Goals …………………………..………………………12
Employment Practices ………………………..14
Monitoring & Reporting ……………………..17
Appendices
Complaint Form...……………………….……….A
Sample Employee Practices Chart.……….B
Sample Concurrence Checklist …………….C
Attachments
Utilization Report
Weighted Availability Report
Statement Of Policy
SouthWest Transit has a strong commitment to the communities we serve and our employees. As an equal
opportunity employer, we strive to have a workforce that reflects the community we serve. No person is unlawfully
excluded from employment opportunities based on race, color, religion, national origin, sex (including gender
identity, sexual orientation, and pregnancy), age, genetic information, disability, veteran status, or other protected
class.
SouthWest Transit’s Equal Employment Opportunity (EEO) policy applies to all employment actions including but not
limited to, recruitment or Recruitment advertising, hiring, selection for training, promotion, transfer, demotion,
layoff, termination, rates of pay or other forms of compensation.
All Applicants and employees have the right to file complaints alleging discrimination. Retaliation against an
individual who files a charge or complaint of discrimination, participates in an employment discrimination
proceeding (such as an investigation or lawsuit), or otherwise engages in protected activity is strictly prohibited and
WILL NOT BE TOLERATED.
SouthWest Transit is committed to providing reasonable accommodations to applicants and employees who need
them because of a disability or to practice or observe their religion, absent undue hardship.
The Human Resource Supervisor, also the EEO Officer, reports directly to the Chief Executive Officer and is
responsible for the implementation of SouthWest Transits diversity, affirmative action and equal opportunity
programs. All SouthWest Transit executives, management, and supervisory personnel, however, share in the
responsibility for implementing and monitoring SouthWest Transit’s EEO Policy and Program within their respective
areas and will be assigned specific tasks to ensure compliance is achieved. SouthWest Transit will evaluate its
managers; and supervisors’ performance on their successful implementation of SouthWest Transit’s policies and
procedures, in the same way SouthWest Transit assesses their performance regarding other agency’s goals.
If an employee or job applicant believes that they have been discriminated against or harassed, employees/
applicants have a right to file a complaint with SouthWest Transits EEO Officer.
Adam Hegeholz
HR Supervisor
14405 West 62nd Street, Eden Prairie, MN 55346
[email protected] ; 952-974-3109 SouthWest Transit is committed to undertaking and developing a written nondiscrimination program that sets forth
the policies, practices and procedures, with goals and timetables, to which the agency is committed and make the
EEO Program available for inspection by any employee or applicant for employment upon request.
I am personally committed to a workplace that acts upon its daily responsibility to treat all applicants and employees
with dignity and respect, as well as equitably under the guidelines of our EEO Policy and Program.
____________________________ ___________________________
Len Simich Date
SouthWest Transit CEO
2
SWT Background
SouthWest Transit
In 1986, the SouthWest Minneapolis suburbs of Chaska,
Chanhassen, and Eden Prairie chose to opt out of the
Metropolitan Transit Commission transit system in
accordance with Minnesota State Statutes. Under a
joint powers agreement between the three cities, they
created their own transit system, SouthWest Metro
Transit.
Now known as SouthWest Transit, we continue to be
the public transit agency for Chaska, Chanhassen, and
Eden Prairie, as well as Carver. We currently offer
service to and from Downtown Minneapolis, the
University of Minnesota, Normandale Community
College and Best Buy Headquarters.
In addition to our regular route service, we also offer a
number of seasonal services, including State Fair, Twins
Express, Vikings Express, Gophers Express, select
concerts, and more.
At SouthWest Transit, we believe transportation is
about more than just moving people from place to
place. It’s an opportunity to make life better and to
transform perspectives. With us, you can “Expect the
Best” because:
• We put people first
• We continually reinvent what public transportation means
• We make people’s days, day after day
• We are more than just a transit agency
• We are part of the community, and we help it thrive
Mission:
SouthWest Transit is committed to providing a quality
riding experience that fulfills that needs and exceeds
the expectations of our customers.
Governance
The 7-member SouthWest Transit Commission is made up 2 members representing each of the three cities that make up the joint powers agreement and one Commissioner At-Large.
Website: www.swtransit.org
Customer Service: (952) 949- 2BUS
Administrative Offices:
14405 West 62nd Street
Eden Prairie, MN 55346
Email: [email protected]
EEO Officer Email: [email protected]
3
SWT Background
Organization Chart
4
Policies
Equal Employment Opportunity Policy
Employee Manual Section 2.02—Last Revised 6/2018
It is SWT policy to provide equal employment opportunity to all persons. All employment decisions are based upon
the principles of equal opportunity. These decisions include recruitment, selection, promotion, transfer, discipline,
compensation, benefits, training, and other personnel actions involving persons in all job titles and shall occur
without regard to race, color, creed, religion, national origin, sex, veteran/military status, disability, age, marital
status, sexual orientation, status in regard to public assistance, membership or activity in a local commission, genetic
information or any other characteristic protected by law.
Any individual who believes he or she has experienced or observed behavior contrary to this policy is expected to
report that information to the EEO Officer or the Chief Executive Officer. All such reports of action contrary to this
policy will be taken seriously and investigated promptly. Individuals found to have violated SWT’s equal opportunity
policy will be subject to corrective action as described in section 2.04 of the Employee Handbook. No individual shall
be retaliated against for making a good faith report of behavior contrary to this policy.
Harassment & Offensive Behavior Policy
Employee Manual Section 2.09—Last Revised 6/2018
SWT is committed to providing a work environment free from discrimination. SWT also prohibits unlawful
harassment based upon a person’s race, color, creed, religion, national origin, sex, marital status, status with regard
to public assistance, familial status, disability, sexual orientation, age, veteran/military status, membership or activity
in a local commission, or any other characteristic protected by law. Employees should at all times treat other
employees with respect and dignity.
The prohibition on harassment and offensive behavior applies to employees, applicants for employment, temporary
or contract workers, as well as Directors, members of the Commission, customers, suppliers, vendors, visitors or any
other person associated with SWT. It applies not only to the workplace during normal business hours, but also to all
work-related social functions, whether on or off SWT premises, and to business-related travel.
Harassment is prohibited in all work-related interactions, whether in person, via telephone, in writing or through
electronic communications such as e-mail, text messages, instant messages, blogs, electronic conferencing and social
media postings regardless of whether such interactions are made through a computer, cell phone, pager, or other
electronic device or medium.
Harassment includes any behavior that is offensive, abusive, threatening, intimidating, humiliating, or degrading to
another individual. The behavior can be verbal, written, visual, or physical and can arise out of in-person or
electronic communications. While harassment may be based on protected class status, other offensive behavior that
impairs morale and interferes with work effectiveness, including jokes and teasing, are also prohibited.
One type of harassment is sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for
sexual favors, sexually motivated physical contact, and other verbal or physical conduct or communication of a
sexual nature when this conduct or communication explicitly or implicitly affects an individual’s employment,
substantially interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work
environment. Sexual harassment includes unwelcome sexual behavior by either men or women toward either men
or women. It also includes sex-based harassment directed at someone because of their gender.
5
Policies
Harassing conduct may include, but is not limited to the following:
• Epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts;
• Written or graphic material that shows hostility or denigrates persons which are placed on walls, bulletin
boards or elsewhere on SWT’s premises, or circulated in any form in the workplace, including by electronic
means;
• Unwelcome sexual remarks or compliments, sexual jokes, innuendoes, propositions and sexually
suggestive gestures, body language or facial expression; and
• Physical contact such as patting, pinching, touching or constant brushing against another’s body.
If an employee believes he or she has been harassed or has observed another employee being harassed by a
co-worker, supervisor, customer, vendor or other person subject to SWT’s control, the employee should promptly
report the facts and names of the individuals involved to the Chief Executive Officer, Human Resources, or a
Commission member. All complaints of harassment will be taken seriously and investigated promptly.
SWT will disclose information related to a complaint of harassment only as permitted or required by law. SWT
does not condone retaliation against any employee who, in good faith, reports possible harassment or assists
with an investigation.
Individuals found to have violated SWT’s prohibition on harassment and offensive behavior will be subject to
corrective action as described in section 2.04 of the Employee Manual.
6
Communication Plan
Internal Dissemination
• Copy of full EEO Plan to each department head and to each
employee requesting one.
• EEO/AA policy in employee handbooks and manuals
• Discussion at supervisory meetings at minimum semiannually
to address the subject of recruitment, employment, training,
promotion and transfer of employees.
• Provide written communications from the CEO.
Posting of official EEO materials and the policy
statement on employee bulletin boards at SWT for all
employees to read and understand
Include the SWT EEO policy statement in employee
policy manuals and reports
Meeting with all employees and affinity groups to get
their suggestions in implementing and refining the
EEO program; and
Presenting and discussing the EEO program as part of
employee orientation and employee training
programs.
Conducting periodic EEO Training for all employees and
managers.
Conducting EEO Training for all new supervisors or managers
within 90 days of their appointment.
External
• Notification to recruitment sources and community groups
• Employment advertising includes EEO statement
• EEO/AA policy posted on the SWT website
• Statement included on employment application
The dissemination of SWT’s EEO/AA policy is not limited to the
above referenced items. As considered appropriate, SWT utilizes
whatever means necessary to convey the organization’s
commitment to equal employment opportunity.
Responsibilities
Commission
• Adopt equal opportunity, affirmative action and human resources policies that are consistent with equal
opportunity and affirmative action laws and regulations.
• Adopt Affirmative Action Plan
• Hold Chief Executive Officer accountable for organizational achievement of equal opportunity and
affirmative action goals
• Approve discrimination complaint settlements requiring commission authorization
SWT Chief Executive Officer
• Issue administrative procedures that implement SouthWest Transit affirmative action and equal
opportunity policy
• Ensure that SouthWest Transit’s work atmosphere and delivery of public services are free of
discriminatory harassment and inappropriate behavior
• Establish management/ supervisor accountability; assess manager performance for engaging in
nondiscriminatory employment practices and achieving affirmative action objectives in their
departments
• Authorize hiring in accordance with affirmative action goals and equal employment opportunity
principles
• Ensure organization-wide consistency of corrective action when discrimination complaints are
substantiated. Approve corrective action requiring CEO authorization; obtain Commission approval
when board authorization is needed.
• Ensure the EEO Officer has support and sufficient staff to carry out the EEO Plan
• Appoint the EEO Officer and require the EEO Officer to report directly to the CEO
• The CEO will review and decide appeals of complaint investigations relating to discriminatory reprisal
EEO Officer
• Developing the EEO policy statement and written EEO Program.
• Assisting management in collecting and analyzing employment data, identifying problem areas, setting
goals and timetables, and developing programs to achieve goals
• Designing, implementing and monitoring internal audit and reporting systems to measure program
effectiveness and to determine where progress has been mad and where proactive action is needed
• Reviewing the agency’s nondiscrimination plan with all managers and supervisors to ensure that the
policy is understood.
8
Responsibilities
• Reviewing the agency’s nondiscrimination plan with all managers and supervisors to ensure that the
policy is understood.
• Concurring in the hiring and promotion process
• Periodically reviewing employment practices policies (e.g., hiring, promotions, training), complaint poli-
cies, reasonable accommodations policies, performance evaluations, and grievance procedures.
• Reporting at least semiannually to the CEO on each department’s progress in relation to the agency’s
goals and on contractor and vendor compliance
• Serving as liaison between the agency; Federal, state, county, and local governments; regulatory agen-
cies; and community groups representing minorities, women, persons with disabilities, and others
• Maintaining awareness of current EEO laws and regulations, and ensuring the laws and regulations
affecting nondiscrimination are disseminated to responsible officials.
• Investigating complaints of EEO discrimination
• Providing EEO training for employees and managers
• In conjunction with human resources, advising employees and applicants of available training programs
• Auditing postings of the EEO policy statement to ensure compliance information is posted and up to
date
• Concurring in the hiring and promotion process.
• Advising employees and applicants of available training programs and professional development oppor-
tunities and the entrance requirements.
Department Heads, Managers, and Supervisors.
• Participate actively in periodic audits of all aspects of employment to identify and remove barriers ob-
structing the achievement of specified goals and objectives
• Hold regular discussions with other mangers, supervisors, employees, and affinity groups to ensure
agency policies and procedures are being followed
• In conjunction with the EEO Officer, maintaining and updating the personnel database for generating
reports required for the nondiscrimination program
• Cooperating with the EEO Officer in review of information and investigation of complaints
• Encouraging employee participation to support the advancement of the EEO Program (e.G., professional
development and career growth opportunities, posting promotional opportunities, shadowing, mentor-
ing)
• Partner with the EEO Officer and CEO to facilitate interactive processes for workplace adjustments and
reasonable accommodations
9
Responsibilities
All Employees
• Cooperating with the EEO Officer in review of information and investigation of complaints
• Participating actively in periodic audits of all aspects of employment to identify and remove barriers ob-
structing the achievement of specified goals and objectives
• Encouraging employee participation to support the advancement of the EEO Program (e.g., professional
development and career growth opportunities, posting promotional opportunities, shadowing, mentor-
ing)
• Apply the principles of equal opportunity and diversity in their day-to-day work and work environment.
10
Utilization Analysis
Utilization Analysis
The utilization analysis is designed to identify job categories that have an underutilization or concentration of mi-
norities and women in relation to their availability in the relevant labor market. The analysis also establishes the
framework for goals and timetables to correct employment practices that contributed to any identified underutiliza-
tion or concentration.
This analysis, which is based on categories and data used in the EEOC EEO-4 report, consists of a workforce analysis
and an availability analysis.
Workforce Analysis
The workforce analysis includes the number of employees and salary ranges for each job category in the EEO-4 re-
port for the following subcategories for men and women:
• White (not Hispanic or Latino)
• American Indian/ Alaska Native (not Hispanic or Latino)
• Black or African American (not Hispanic or Latino)
• Hispanic or Latino
• Asian (not Hispanic or Latino)
• Native Hawaiian and Other Pacific Islander (not Hispanic or Latino)
• Two or more races (not Hispanic or Latino)
Table 2-1 summarizes the EEO job categories for EEO-4 reports.
Number Category
1 Officials and Administration
2 Professionals
3 Technicians
4 Protective Service Workers
5 Paraprofessionals
6 Administrative Support Workers
7 Skilled Craft Workers
8 Service-Maintenance Workers
11
Utilization Analysis
Availability Analysis
Availability analysis compiles information on the availability of minorities and women in the workforce at large and
analyze participation rates of minorities and women at the various levels of the workforce in comparison with their
availability in the relevant labor market. The labor market has both geographic and occupational components. For
example, executive management positions have a national recruiting area compared to a local recruiting area for
the lower-skilled jobs.
The 2018 Utilization Analysis Illustrates the following:
• Within the Officials & Administrators, Professionals, and Technician Categories, SouthWest Transit has
limited number of positions .
• The Professionals category, shows an underutilization of white females of 34%.
• SouthWest Transit has no employees within the Protective Service and Paraprofessional job categories.
• In the Administrative support category, the current workforce is comprised of 50% men and 50% wom-
en.
• In the Skilled Craft category, there is underutilization of white females and black females.
• In the Service Maintenance category, there are no underutilized categories .
12
Goals and Timetables
SouthWest Transit is committed to having a workforce that reflects the larger workforce in the community it serves.
To realize the short and long term diversity goals stated below, the Chief Executive Officer, with assistance from the
Equal Employment Opportunity Officer will continue to review their recruitment and retention efforts to determine
if there may be additional ways to attract more women and minorities to apply for positions.
Goals
Distribution of 2019-2022 EEO Plan
Follow the distribution plan to ensure that all current
employees see and understand the EEO Plan.
Target Date: As soon as possible after plan is approved.
Provide EEO Training
Develop and implement manager and supervisor
training to help managers increase their inclusion and
equity-related leadership skills to work more effectively
with diverse employees and communities. This training
will be mandatory.
Target Date: Fall 2019
Data Collection
Develop and ensure a new applicant database is
tracking multi –race data.
Target Date: April 2019
Develop Materials for Recruitment
Create recruitment materials that are designed to
attract a diverse pool of candidates.
Target Date: Spring 2020
Gather Data for Analysis of Impact of
Employment Practices
Develop and analyze information on applicants and
hires, promotions, terminations, and training.
Target Date: Winter 2019
13
Goals and Timetables
Long Term Hiring Goals Based on Underutilization and Anticipated Hires
EEO
Category
Areas of
Underutilization
2019 2020 2021 2022
Officials &
Administrators
None White Females 1 No anticipated
hires
No anticipated
hires
No anticipated
hires
Professionals White Females 2 No anticipated
hires
No anticipated
hires
No anticipated
hires
No anticipated
hires
Technicians None No anticipated
hires
No anticipated
hires
No anticipated
hires
No anticipated
hires
Administrative
Support
None No anticipated
hires
No anticipated
hires
No anticipated
hires
No anticipated
hires
Skilled Craft White Females 14
Black Females 2
White Females 14
Black Females 2
White Females 14
Black Females 2
White Females 14
Black Females 2
White Females 14
Black Females 2
Service
Maintenance
None No anticipated
hires
No anticipated
hires
No anticipated
hires
No anticipated
hires
14
Job Posting and Recruitment
Comprehensive posting and recruitment procedures are necessary to ensure that persons applying for positions
reasonably reflect the community’s population distribution.
SouthWest Transit gives first consideration for job opening s to existing employees. This is accomplished through
internal postings as well as through information available from the Human Resource Department staff and
personnel files.
Open positions are placed on designated bulletin boards at the Administration/ Operations offices and Maintenance
Facility. These postings contain the job description, wage scale, date of posting.
After the internal posting period expires and the position is not filled with a current employee, external applications
are considered for the position. Positions for which applicants for the public are accepted are posted by the Human
Resource Department.
Advertisements, when warranted, are placed in the local newspapers, professional journals, and other online
databases such as indeed, linked in, and transit talent. Advertising states that SouthWest Transit is an Equal
Employment Opportunity Employer.
Counseling as well as basic information about job postings and potential job opening is available in the Human
Resource Department.
Applicants for employment are considered and placed without regard to race, sex, color, religion, national origin,
ancestry, disability, height, weight, veteran status or age. Routinely, applications and supporting documents will be
screened by department managers and officers. Those applicants deemed most adequately suited for the position
are either asked to submit additional supporting data and are further evaluated, or are asked to submit themselves
for an interview. Before a formal offer is made, the EEO officer is consulted to ascertain that a good faith effort has
indeed been made. This is accomplished by the EEO Officer obtaining evidence that the applicant pool from which
the selection (hiring) was made had been established without regard to race, sex, color, national origin, disability,
height, weight, veteran status, age or religion.
Selection
SouthWest Transit’s selection procedure is designed to ensure non-discrimination in hiring, transfers, and
promotions. It is specifically concerned with preventing selections based on stereotypical characterizations, i.e.,
preference of supervisors, co-workers or clients of the Authority, and other non-merit factors such as marital status,
handicap, etc.
Specific procedures have been designed to accomplish this goal.
They include the following:
1. The Pool of Candidates has been expanded through a comprehensive posting and recruitment process. Current
employees and the general public are informed of employment opportunities through the above mentioned job
posting and recruitment procedures.
Employment Practices 15
2. The Application Forms, with procedures, has been designed to evaluate job related criteria. These applications
allow for considerable self-evaluation of job skill level of the applicant. In evaluating responses to questions relating
to the applicant’s criminal conviction record, SouthWest Transit gives full consideration between the nature of the
conviction and applicant’s fitness for the hoc for which they are applying.
The completion of the application form and the applicant interview are also part of the selection procedure for all
applicants. Once hired, the probationary period is used as an additional mechanism to examine the suitability for
the available position.
3. Interviewing—The manager of the department that is hiring along with there supervisor, have direct review of the
first stage interview process.
All applicants are submitted to the manager of the department that is hiring and their supervisor by the HR
Department. These resumes are provided void of name and any identifying information, to be reviewed based on
experience as it relates to the job description. The manager and their supervisor refer a qualified set of applicants to
be brought in for a first interview. After the first interview period, if needed, the manager of the department and
their supervisor will supply names to bring back for a final interview. After the interview period, the department
manager forwards the name of the recommended applicant to the HR Department. The HR Department reviews the
recommendation and upon their concurrence, makes the offer of employment. In order to assure fair and objective
interviews, the Human Resource department has conducted management workshops relative to the interview
process, unlawful pre-employment inquiries, and general interviewing techniques.
Special care is taken to evaluate the skills of the applicant specifically as they relate to the job responsibilities.
Testing
Tests can be conducted as part of the selection process. Tests are designed to asses the knowledge, skills, abilities
and personal characteristics (KSAPs) of individual applicants. Test must be validated with supporting documentation
showing their job-relatedness. At this time SouthWest Transit, does not use any written, formal, or sored tests in
the employment selections.
Medical Examinations
If SouthWest Transit requires medical examinations or inquiries as part of our selection process, all exams or
inquiries as part of our selection process, all exams or inquiries will be conducted after a conditional offer of
employment. Only job-related medical examinations and inquiries will be conducted, and the results of these
examinations or inquiries will not be used to screen out qualified individuals with disabilities. Information obtained
in response to such inquiries or examinations will be kept confidential except that (a) Office of Equal Opportunity,
Occupational Health, and officials of state or federal agencies investigating compliance will be informed if they
request such information and (b) supervisors and managers may be informed regarding restrictions on the work or
duties of individuals with disabilities and regarding accommodations.
Employment Practices 15
Promotions
Promotion will be proposed in accordance with applicable rules, on a nondiscriminatory basis. The procedure used
in selecting persons for promotion will be evaluated periodically to ensure that they are realistic and relevant. Any
employee who feels he or she has not been accorded fair and impartial treatment regarding employment will be
offered an opportunity to discuss this problem.
Potential Lines of Progression
Within the organization, there are potential lines of progression. These potential lines of progression are intended
only as a guide for reasonable and possible promotion sequences. They in no way limit SouthWest’s ability to
promote individuals demonstrating skills and capabilities to a job classification outside of the written lines of
progression.
In nearly every position there are three factors, which enhance promotion and advancement:
Lateral Moves– and employee may have to more horizontally across the organizational chart to a position of equal
standing to obtain a well rounded background to move up vertically.
Education– Any employee who fulfills the educational requirements for any open position can enter a higher level
job in their present department or move to a different division.
Experience—Experience alone may be sufficient to qualify for a lateral move or advancement. This experience may
have been gained while working for SouthWest Transit or in outside jobs.
An employee may apply and be selected for a posted vacant position through a competitive selection process which
results in a transfer in the same or higher salary grade that the employee’s current position. Upon transfer, the
employee’s salary shall be set in accordance with the Salary Administration procedure.
Training
Training is open and encouraged for all employees.
• Continued emphasis will be placed on SouthWest Transit’s educational assistance programs.
• Training programs shall be designed to upgrade the skills of employees so that they can improve
performance in their present position.
• On-the-job training will be designed so that employees have an opportunity to acquire skills needed to
qualify for a better position with SouthWest Transit.
• During yearly reviews, each employee and their manager identify training goals for the upcoming year.
Employment Practices 15
Compensation
SWT complies with Minnesota and Federal law which requires all employers subject to the Fair Labor Standards Act
to provide equal pay for men and women performing similar work. Human resources is responsible for conducting
appropriate salary analysis and developing salary recommendations for new hires, promotions and other situations
as requested by management to help ensure internal pay equity. The salary analysis is conducted based on the job
description and pay grade assigned to that position, the incumbents experience and level of education relevant to
the position and pay rate as compared to other employees in the same pay grade.
Salary Analysis
SouthWest Transit periodically reviews classifications of job descriptions, which are directly related to
compensation. SouthWest Transit has a Job Evaluation System in place. Each job description is evaluated using the
same set of seven factors:
Skills the Employee Needs: (30%)
• Qualifications
Duties of the Job: (50%)
• Decision Making
• Problem Solving
• Relationships
Working Conditions: (15%)
• Effort
• Hazards
• Environment
The factors are weighted based on the degree of influence that each has on compensation when all else is equal.
Each factor will assign points, the total points determine the grade level that job falls within and the pay range.
Market Evaluation
While job evaluation leads to the relative hierarchy of jobs and assignment to pay grades, the value of those grades
is determined by market. SWT looks to the metro area as its market, with close attention given to pay practices in
both the public and private sector. Of particular importance is pay within the three cities of Chanhassen, Chaska,
and Eden Prairie. Top jobs are viewed as regional in nature, with grater emphasis placed on comparison with jobs of
similar qualifications and scope of responsibility in public sector employers and other comparable transit
organizations.
Employment Practices 16
Benefits
All benefits are and will continue to be available to all employees without regard to protected class status.
Consistent policies work to ensure fairness and equity within the organization through the effective, uniform
administration of benefits. SouthWest Transit is obligated to meet state statutes and federal laws associated with
benefit and leave programs such as Family Medical Leave Act (FMLA), Minnesota Parental Leave Act (MPLA) and
Consolidated Omnibus Reconciliation Act (Cobra).
PTO is granted to employees in accordance with SouthWest Transits PTO policy. PTO is accrued at a rate that is
determined by the length of employment with SouthWest Transit.
Human Resources is accountable for collaboratively designing benefit plans which achieve policy and financial
objectives, communicating benefit plan provisions and value to employees, educating employees to be wise
consumers of health care, administering benefit plans equitably and according to plan documents and regulations,
and assessing budgetary and financial impact of benefit plans.
Based on protected class complaints, the EEO Officer reviews allegations of differential treatment based on
compensation and benefits. The EEO Officer also conducts a disparate impact review of compensation and benefits
to ensure wage and salary is not discriminatory with respect to compensation.
Employment Practices 16
Corrective Action and Termination Practice
SWT expects that all employees will perform their jobs satisfactorily and comply with all other SWT guidelines,
policies and core values may result in corrective action.
Corrective action may take several forms, including but not limited to verbal warnings, written warnings,
suspensions (with or without pay), demotion, or termination. SWT reserves the right in its sole discretion to omit
any or all of these steps, or to add or modify steps in any particular situation . SWT may take whatever corrective
action it determines is appropriate in response to the circumstances of any given situation.
All SWT Employees are employed at will. SWT may dismiss any employee at any time with or without notice, for any
reason not prohibited by law. The reasons for termination may include, but are not limited to, misconduct,
inefficiency, incompetence, violation of work rules, lack of job performance, or other reasons determined by SWT.
Employees who are involuntarily terminated will be paid through their termination date and will receive the value of
any accrued personal leave as provided in section 8.02 in the Employee Manual.
Termination appeal procedures: Any SWT employee who feels that he or she has been wrongfully terminated has
the right to appeal the employment termination decision, either verbally or in writing, to his or her immediate
supervisor.
If the situation is not resolved at the immediate supervisor’s level within five (5) working days, the employee has the
right to submit a written notice of appeal to the EEO Officer. The EEO Officer must respond to the employee in
writing within five (5) working days.
The EEO Officer will be apprised of all verbal and written appeals.
Statistical Impact of Employment Practices on Minorities and Women
Information not available at this time. See appendix B for Sample Employment Practices Chart
Employment Practices 17
Employment Barriers and Constraints
A review of the program indicates that SouthWest Transit has come constraints in its ability to completely address
underutilization and the potential for adverse impact. The constraints include:
• The availability of applicants looking for employment. In 2018, the metropolitan area, depending on county, had
unemployment rates ranging from 2.5 to 2.8%. This leads to strong competition for quality applicants.
• As a smaller government agency, it can be difficult to compete with compensation that larger government
agencies and private employers can offer. This has resulted in the loss of talented applicants that met the job
position’s EEO need.
• As a small organization with a low turnover rate, the anticipated number of job hires over the next four years is
limited in all but the Skilled Craft Category.
Statistical Impact of Employment Practices on Minorities and Women
Data will be collected on a yearly basis and reported quarterly to the CEO. This statistical data will show any
potential impact of employment practices on minorities and women. This includes:
• The number of applicants for employment in each job category and the number hired, cross-referenced by sex
and race
• The number of employees in each job category who applied for promotion or transfer and the number in each
job category promoted or transferred, cross-referenced by sex and race
• The number and types of disciplinary actions , cross-referenced by sex and race
• The number of voluntary/involuntary terminations, cross-referenced by sex and race
• Job category training that fosters promotion potential, cross-referenced by sex and race
At this time no statistical data is available.
Employment Practices 17
Monitoring
The EEO Officer will have monthly check –ins with the CEO discussing EEO matters, including discrimination com-
plaints and results, hiring, promotions, and disciplinary actions. In addition, the EEO Officer will communicate with
management semiannually to discuss the EEO Program and its implementation, goals and statistics on hiring and
selection practices, including but not limited to promotions, and verifying new job postings. Following the conclusion
of these semiannual meetings, the EEO Officer will update the Commission with outcomes.
Reporting
• As needed provide comprehensive break-down of SouthWest Transits workforce composition and salary.
• Quarterly reports to the CEO, Directors, Managers, and Supervisors.
• Utilization Report— Provides complete breakdown of SouthWest Transit employees by federal job Cate-
gory, job classification, and protected group status.
• Score Card—Provides demographics of hires on jobs with underutilization.
• Disciplinary Actions—Provides statistical data on suspensions, demotions, and other disciplinary actions.
• Transfer and Promotion– Provides statistical data on transfers and promotions.
• Termination– Provides statistical data on terminations.
• Complaint Monitoring—Report showing the number and nature of complaints filed with the EEO Officer,
as well as charges filed with enforcement agencies. This report will describe tracking of complaints,
monitoring of trends, timeliness of investigations, and resolutions.
• Applicant Flow—Statistical count of applicants by race, sex and disability.
• Interview Report– Provides statistical data on minorities, women and persons with disabilities inter-
viewed for hire or promotion.
• Include questions in annual employee engagement survey to determine employee attitudes toward implemen-
tation of the EEO Plan.
• Biannual leadership meeting to review the status of EEO goals, timetables, and monitoring efforts.
Monitoring & Reporting 18
Complaint Process
Any employee or applicant or other person alleging to be subjected to discrimination, unfair practice, or retaliation
on the basis of any of the protected classifications noted in the EEO Policy Statement may file a written complaint
within 180 days of the alleged violation to the EEO Officer by writing 14405 W 62nd St Eden Prairie, MN 55346 or
through email at [email protected]. Upon filing the complaint of alleged discrimination, the EEO Officer will
proceed with an investigation to determine if there has been a violation of this policy.
If for some reason an employee or applicant does not want to bring a complaint to the EEO Officer, then the em-
ployee or applicant should contact the CEO concerning the complaint. The CEO can be contacted through by
writing 14405 W 62nd St Eden Prairie, MN 55346 or calling 952-974-3100. The CEO will communicate and provide
the results of his or her investigation to the EEO Officer.
If for some reason, a conflict of interest, or an appearance of a conflict of interest were to occur, in order to main-
tain the integrity of the investigation the EEO Officer will recuse themselves from the investigation. The CEO will des-
ignate someone outside of HR or hire a contractor.
Confidentiality will be maintained to the extent practical to conduct a full investigation to make a determination. All
employees are required to fully cooperate during the course of an investigation.
If it is determined that a violation of this Policy has occurred, SWT will take immediate action to remedy the situa-
tion. Any employee who is found to have violated this policy may be subject to disciplinary action, up to and includ-
ing termination.
Monitoring & Reporting 18
Discriminatory Harassment Complaint Form
To file a complaint of Discriminatory Harassment as defined in the EEO Policy, complete this form and return it to
the EEO Officer or CEO within 180 calendar days of the event causing complaint.
____________________________ ___________________ _______________________________
Your Name Department Supervisor’s Name
The discriminatory harassment is based on:
Name(s) of person(s) who committed the alleged discriminatory harassment:
___________________________________________________ _______________________________
Name(s) Department(s)
Date(s) when alleged discriminatory harassment occurred: _____________________
Names of individuals who witnessed the alleged discriminatory harassment:________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Describe what happened (use additional paper if necessary): _____________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
What results do you wish to obtain by filing this complaint (use additional paper if necessary):__________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
I affirm that the above information is true to the best of my knowledge, information, and belief.
_______________________________________ _______________________
Signature Date
Date received in Human Resources: _______________________________________
Appendix A
Race Color National Origin Sex Religion
Disability Sexual Orientation Pregnancy Age
Appendix B
Appendix B
Appendix B
Appendix B
Appendix B
Appendix B
This optional checklist provides a format for EEO Officers to use to ensure concurrence with the hiring and promotion process.
Concurring in the hiring and promotion process means the EEO Officer has reviewed employment documents to ensure the ac-
tions of the agency are not discriminatory (i.e., do not result in disparate treatment or disparate impact).
New Hire and Promotions Package Checklist Sheet
Job Posting ______________________________
Date received from HR: ______________________________
Date returned to HR from EEO Officer: ______________________________
EEO Officer Comments:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
For EEO Use Only—EEO Concurrence Compliance Checklist
Proper Posting
____ Checked requisite posting period
____ Compared posting to job description
____ Reviewed justification for internal or departmental only posting (if applicable)
____ Verified Recruitment Plan – Ensure memo/e-mail is a part of the packet
Job Description Review
____ Determine whether this is an (1) existing position title or a (2) newly created position title
____ Examine whether the hiring department currently has incumbents in this position
____ Check the reporting relationship to ensure it is appropriate for the position
____ Ascertain whether the position title is appropriate for the overall nature of the duties described
____ Review job descriptions for similar positions to check for consistency
____ Review the salary grade; and confirm that it is appropriate for the job/position title
____ Confirm the position has been placed in the proper EEO category
____ Review general summary section to ascertain whether the description accurately reflects the core essence of the position.
Examine each essential duty to determine whether the highest priority duties are consistent with duties ordinarily performed by
an employee in this position. The most essential duty will be one which the position would not exist but for that function. It will
be the function most frequently performed. Essential functions will be listed in order of priority
____ Review the education and experience required by the job description. Verify that it is consistent with level of education
and amount of experience typically required by incumbents in this position or similar positions. Determine whether the requi-
site qualifications are justified by business necessity for performance of this position
____ For a supervisory or management position, review the organization chart and confirm that the position is appropriately
titled by (a) comparing with similar positions, and (b) identifying the positions which are direct reports and reviewing the level
of experience and education required for the subordinate staff. Identify whether supervisory or management experience is re-
quired; if so, determine whether the supervisory or management experience is specific and consistent with the nature of the
position ____ Review exempt/non-exempt status.
Appendix C
____ For a supervisory or management position, review the organization chart and confirm that the position is appropriately
titled by (a) comparing with similar positions, and (b) identifying the positions which are direct reports and reviewing the level
of experience and education required for the subordinate staff. Identify whether supervisory or management experience is re-
quired; if so, determine whether the supervisory or management experience is specific and consistent with the nature of the
position
____ Review exempt/non-exempt status.
Applicant Pool Analysis
____ Qualification verification of (a) candidates selected for interview, or (b) audit/re-screen all applicants
____ Confirm whether all candidates interviewed are eligible; justification for eligible candidates not interviewed
____ Diversity check/utilization reviewed Compensation Analysis
____ Determination of internal salary parity
____ Justification for placement level in range Interview Review Process Examination
____ Diversity in interview panel
____ Interview packet review (questions, ranking, inappropriate remarks) Finalizing Review
____ Identify EEO concerns, if any
____ If rejected, discuss issue with HR representative, if appropriate — Note concurrence on packet or attach justification for
rejection if unable to resolve EEO concerns
Appendix C