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(A) The city presently has a racially and ethnically diverse population. However, this population diversity is not proportionately reflected within all levels of the city’s employment profile, nor in the profile of businesses securing contracts with the city. The city’s administration should ensure that this diverse population is reflected in its employment profile and in its procurement system. The city should also utilize its power and influence to persuade the private business sector to reflect this minority population among its employees. Furthermore, women and minorities have established innumerable businesses which have not received a fair share of the millions of dollars that the city contracts out for goods, services and construction. There must be a concerted effort to ensure women and minority businesses a greater share of city contracts. It is hereby declared that nondiscrimination and equal opportunity shall be the policy of the city in all of its decisions, programs and activities. To that end, each executive Officer serving under the Mayor, and all city employees shall rigorously take affirmative steps to ensure equality of opportunity in the internal affairs of city government, as well as in their relations with the public, including those persons and organizations doing business with the city. Each Agency, in discharging its statutory responsibilities, shall consider the likely effects which its decisions, programs and activities shall have in meeting the goal of equality of opportunity. Affirmative action requires more than vigilance in the elimination of discriminatory barriers to employment on the grounds of race, color, religion, creed, ancestry, national origin, age, sex, gender identity or expression, sexual orientation and handicap. It requires positive and aggressive measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rate of compensation, in service or apprenticeship training programs, and all terms and conditions of employment. Affirmative Action shall include efforts required to remedy all unfair employment practices, and any action necessary to guarantee equal employment opportunity and access to city contracts for all people.
(B) The purpose of this Section is to also eliminate conflicts of interest and discrimination in the hiring and promotional practices of covered employees and to establish rules and regulations for the hiring, employment, classification, upgrade, compensation or promotion of covered employees to ensure that they prioritize merit, experience and job performance.
(CBC 1985 15-10.1; Ord. 1987 c. 15 § 1; Ord. 2002 c. 9; Ord. 2022 c. 5)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. Any unit of government within the municipal structure of the city that is responsible for the application, administration and execution and compliance with the provisions of this Section.
CITY. The City of Boston.
COVERED EMPLOYEE. Any employee employed directly by the city, including a contract employee employed pursuant to an employment agreement between the city and the employee. Collective bargaining and civil service procedures that conflict with provisions of this Section supersede those provisions of this Section.
FAMILY RELATIONSHIP. A relationship by blood, adoption, marriage and domestic partnership, and includes parents, grandparents, great- grandparents, grandchildren, great-grandchildren, children, uncles, aunts, nephews, nieces, first cousins, siblings and the spouses of domestic partners of each of these relatives. This definition includes any relationship that exists by virtue of marriage or domestic partnership, such as in-law and step relationships.
MINORITY. A person who is Black, Hispanic, Asian American, Pacific Islander, Native American or Cape Verdean.
NEPOTISM. Conflict of interest as defined in M.G.L. Chapter 268A, and shall also refer to the practice of someone in a position of authority showing favor to an individual or individuals with whom they are in a family relationship, as defined by this Section.
(CBC 1985 15-10.2; Ord. 1987 c. 15 § 2; Ord. 2022 c. 5)
(A) There is hereby established within the Office of Human Resources, or any successor Office, a position to be known as Director of Diversity; said position to be filled by appointment by the Mayor for a term expiring on the first Monday of January following the next biennial election at which the Mayor is elected who shall have the powers and perform the duties imposed by law. The Mayor shall appoint the Director of Diversity within 120 days of passage of this Section.
(B) The Director of Diversity shall have oversight of the city’s policy of nondiscrimination, equal opportunity and affirmative action.
(CBC 1985 15-10.3; Ord. 1987 c. 15 § 3; Ord. 2022 c. 5)
The Director of Diversity shall:
(A) Work with all City Cabinets to designate a new or identify an existing internal Diversity Officer who shall be tasked with the creation of a Diversity Plan;
(B) Work with all City Agencies’ Diversity Officer in the creation of their Diversity Plan, including, but not limited to: a detailed plan for the hiring of minority employees, women employees, LGBTQ+ employees and employees with disabilities; a detailed plan for the promotion of said employees; preventing harassment, intimidation and bullying; a detailed plan for disseminating this information to covered employees. Such a plan will be made available to the public via an online dashboard and the Office of the City Clerk;
(C) Give final approval or disapproval of all Diversity Plans prepared by such Agency’s Diversity Officer;
(D) Conduct a yearly audit or review of Diversity Plans and their implementation to ensure that they comply with such plans and the intent of this Section;
(E) Establish a uniform complaint procedure which shall be available to any covered employee subject to this Section to determine any and all issues arising from this Section and related to Diversity Plans, including protections against retaliation. This shall also apply to prospective employees and employees who have received a conditional offer of employment but have yet to begin their work. It is recognized that the uniform complaint procedure established by the Director of Diversity cannot substitute for any employee’s rights under commonwealth or federal anti-discrimination laws, therefore any complaint procedure established by the should focus on supporting the effective operation and implementation of Diversity Plans by the city, while not replace any individual employee’s existing rights under commonwealth and federal law, including the rights to bring matters to the MCAD, to the Civil Service Commission or to any process established by a collective bargaining agreement;
(F) Take appropriate steps to build public awareness of the Director of Diversity, in addition to awareness amongst covered employees, and of all procedures established by the Office for receiving complaints. The CDO shall provide information to covered employees about the identification of nepotism, workplace discrimination, hiring and promotional discrimination, harassment, intimidation and bullying;
(G) Ensure that all covered employees are provided with a fact sheet about this Section and any other relevant workplace discrimination/anti-nepotism policies and ordinances, including contact information for the Human Rights Commission, the Office of Human Resources, the Mayor’s Office of Women’s Advancement, the Mayor’s Office of Immigrant Advancement, the Disability Commission, the commonwealth’s Commission Against Discrimination, the Office of Veterans Services and other Departments as needed. This fact sheet shall be posted in a conspicuous location visible to all employees;
(H) Report from time to time, but at least every six months, to the Mayor and the Boston City Council on the progress being made by the Agencies in administering their Diversity Plans. The Director of Diversity shall submit an annual report to the Mayor and Boston City Council with details and figures documenting Agency progress made towards realizing this Section’s goals. The report shall include an identification of problems and specific recommendations for increasing the city’s performance, in consultation with the city’s HR, payroll, benefits and Departments to ensure success in meeting the city’s affirmative action goals. The Director of Diversity shall submit the reports to the Clerk and the Clerk shall docket the report and include the docket on the agenda of the next-occurring meeting of the Boston City Council; and
(I) Ensure that the city’s personnel system is operated in ways which provide assistance to Agencies in meeting the goals set in the Diversity Equity Inclusion Plans.
(CBC 1985 15-10.4; Ord. 1987 c. 15 § 3; Ord. 2022 c. 5)
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