Mayor Megan Barry Executive Order Number 004
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
MEGAN BARRY, MAYOR
Subject: Equal Employment Opportunity Program
I, Megan Barry, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct and order the following:
I. It is the policy of the Metropolitan Government of Nashville and Davidson County to prohibit discrimination against individuals or groups of individuals because of race, religion, creed, gender, gender identity, sexual orientation, national origin, color, age, and/or disability.
II. All employees not covered by the Equal Employment Opportunity programs and complaint procedures adopted by the various civil service boards are covered by the Equal Employment Opportunity Program set forth in this Executive Order.
1. Policy Statement
a. It is the policy of the Metropolitan Government that all persons shall have equal employment opportunities regardless of race, religion, creed, gender, gender identity, sexual orientation, national origin, color, age, and/or disability. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline or any other employment practices because of non-merit factors shall be prohibited. Harassment based on race, religion, creed, gender, gender identity, sexual orientation, national origin, color, age, and/or disability is a form of discrimination and will not be permitted.
b. The operations of the Metropolitan Government shall be administered in such manner as to comply fully with all Equal Employment Opportunity laws and regulations. Guidelines on discrimination, applicable laws concerning equal employment opportunity, and provisions for a utilization analysis are set out and attached as Attachment A to this Executive Order and are considered to be a part of this Equal Employment Opportunity Policy.
c. Any employee or applicant who feels that he or she has not been afforded equal opportunity for any employment action may file a complaint in accordance with the discrimination complaint procedure set out below.
2. Complaint Procedure
a. Complaints. A complaint of discrimination, including a complaint of sexual harassment, may be filed for actions that are in violation of the Guidelines on Discrimination. A complaint should be filed within a reasonable time after a harassing or discriminatory incident occurs. If a complaint addresses a continuing problem, it should state when it began and describe incidents occurring prior to the submission of the complaint. A complaint may be filed by a current or former employee or by an applicant and by an individual or a group of people. Any complainant shall have the right to have a representative participate in procedures contemplated by this policy. The complaint procedure will maintain confidentiality, to the degree allowed by law. Reprisal or retaliation against good faith complainants or witnesses participating in an investigation is prohibited and could be grounds for disciplinary action. An employee who witnesses or otherwise has knowledge of discrimination is encouraged to report the incident to a supervisor or an appropriate authority.
b. Complaint to Supervisor. Although employees are encouraged to try to settle problems on an informal basis, any employee who feels that he/she has been subjected to discrimination may submit a complaint to the employee’s supervisor. The supervisor shall try, in a timely manner, to remedy any actual or perceived problem without the necessity of additional formal procedures. After reviewing the matter, the supervisor shall promptly inform the employee how the issue has been addressed.
c. Complaint to Appointing Authority. If the complaint cannot be resolved at the supervisory level, the employee may submit the complaint to the Appointing Authority or the Appointing Authority’s designee. The Appointing Authority or designee, after a prompt and thorough investigation, should take the necessary steps to correct any problem found to exist, including taking disciplinary action. The Appointing Authority shall notify the complaining party of the results reached following the conclusion of the investigation.
d. Complaint to EEO Coordinator. If the Appointing Authority feels that the charges warrant a third party investigation, or if the charges involve rules or policies that are beyond his/her scope of authority, he/she may refer the complaint to the EEO Coordinator. If the supervisor or the Appointing Authority is the alleged offending party, or if the complainant feels that the supervisor cannot objectively handle the complaint, or if the individual is uncomfortable discussing his/her complaint with anyone within that individual’s department, the individual may file the complaint directly with the EEO Coordinator for the Metropolitan Government as set out below.
e. EEO Coordinator - If the employee feels that the complaint has not been remedied in a timely manner by the Appointing Authority within the department, he/she may submit the complaint to the EEO Coordinator. (The EEO Coordinator may be contacted in the Department of Human Resources.) Upon receipt of a complaint or referral by an Appointing Authority, the EEO Coordinator will conduct a prompt and thorough investigation of the alleged incident(s). The Appointing Authority and the complainant will be apprised of the findings as a result of the investigation. The Appointing Authority shall then review his/her previous decision to determine if the appropriate action was taken.
f. Right of Appeal - Any complaining party who does not have Civil Service status may present his/her complaint of discrimination to the Metropolitan Mayor for review after the EEO Coordinator has investigated the matter if the individual feels that the Appointing Authority has failed to adequately address the problem cited. The Metropolitan Mayor, or his designee, along with the Chairman of the Human Relations Commission and the Director of Personnel for the Metropolitan Government, shall review the complaint and make necessary recommendations to the Appointing Authority of the complaining party. Any request to present a complaint to the Metropolitan Mayor must be made in writing within ten (10) working days of the final determination by the Appointing Authority as set out above.
g. Other Remedies - If the complaining party is not comfortable with this complaint procedure, it should be recognized that any individual has the right to proceed directly to the Equal Employment Opportunity Commission, the Tennessee Human Rights Commission, or Human Relations Commission to file a complaint of discrimination.
ORDERED, EFFECTIVE AND ISSUED:
Metropolitan County Mayor
Date: February 24, 2016