(a) No Contractor shall Discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, Disability, ethnic group or Vietnam-era or disabled veteran status. Contractors shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, Disability, ethnic group or Vietnam-era or disabled veteran status. As used in this chapter, “treated” means and includes without limitation the following: recruited whether by advertising or other means; compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, transferred, laid off and terminated. Contractors shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the hiring representative of contractors setting forth the provisions of this nondiscrimination clause.
(b) Within sixty (60) days after entering into a Contract, each Contractor shall have filed with the Director a written affirmative action program, approved by the Administrator, containing standards and procedures ensuring that the Contractor, by specified affirmative actions with regard to its employees, facilities and performance of the Contract, affords all qualified employees and applicants for employment equal opportunities in the Contractor’s recruitment, selection, and advancement processes.
(c) Each Contractor’s affirmative action program shall contain the following components:
(1) A diagnostic component that includes quantitative analyses comparing the composition of the Contractor’s workforce to the composition of the Cleveland Contracting Market employment pool according to the most current census data available, grouped by EEO occupations.
(2) Each affirmative action program shall contain placement goals as follows:
A. For each non-construction Contract, placement goals equal to the availability percentage for women or minorities where the percentage of women or minorities employed by the Contractor in a particular job group is less than would reasonably be expected given their percentage availabilities in the corresponding Cleveland Contracting Market employment pool. Placement goals are objective targets reasonably attainable by applying a good-faith effort to implement all aspects of the affirmative action program; they are not inflexible quotas. Placement goals do not authorize or require a Contractor to grant a preference to any individual or adversely affect an individual’s employment status for an unlawful discriminatory reason.
B. For each construction Contract, establish placement goals for minorities and women for each trade involved in the performance of the Contract equal to the goals established by the Director. Placement goals are objective targets reasonably attainable by applying a good-faith effort to implement all aspects of the affirmative action program; they are not inflexible quotas. Placement goals do not authorize or require a Contractor to grant a preference to any individual or adversely affect an individual’s employment status for an unlawful Discriminatory reason.
(3) Identification of problem areas through analysis of the Contractor’s employment process to determine if it affords or incorporates, or contains impediments to, equal employment opportunities.
(4) Action-oriented programs consisting of practical steps the Contractor will implement to address any identified problem areas or the underutilization of women or minorities in relation to their availability in the relevant labor pool.
(5) Internal auditing and reporting systems that monitor and examine the impact the Contractor’s employment decisions and compensation systems have on women and minorities and their progress toward achieving a workforce that would be expected in the absence of discrimination.
(6) Policies, practices, and procedures that the Contractor will implement to ensure that all qualified applicants and employees enjoy equal opportunity in recruitment, selection, advancement, and every other term and privilege associated with employment.
(7) Any additional requirements the Administrator may require through the Regulations or on a case-by-case review of a Contractor’s proposed affirmative action program.
(Ord. No. 1445-13. Passed 11-17-14, eff. 11-19-14)