TO: Mayor and Members of City Council
THRU: Kelly Olivera, Assistant City Manager
FROM: Tyffany L. Neal, Transit Director
DATE: February 12, 2024
RE:
Title
Approval of the Transit 2024-2028 Equal Employment Opportunity Program
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal 4: Desirable Place to Live, Work and Recreate
Objective D: To develop and maintain public transportation investments with high quality transit and airport services.
Executive Summary:
City Council is asked to approve the Transit 2024-2028 Equal Employment Opportunity (EEO) Program and authorize submittal of the Program to the Federal Transit Administration (FTA).
An EEO program is a detailed set of procedures and employment information designed to ensure entities meet federal EEO requirements. As an FTA recipient who employs more than fifty (50) transit-related employees and requested or received capital or operating assistance in excess of $1 million (or planning assistance in excess of $250,000) in the previous federal fiscal year, Fayetteville Area System of Transit (FAST) is required to submit an EEO program every four (4) years and implement all of the EEO program elements.
The attached EEO program for FAST has been developed to ensure compliance with FTA requirements.
Background:
The Federal Transit Laws, 49 U.S.C. 5332(b), provide that “’no person in the United States shall on the grounds of race, color, religion, national origin, sex, or age be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any project, program or activity founded in whole or in part through financial assistance under this Act.” This applies to employment and business opportunities and is considered to be in addition to the provisions of the Title VI of the Civil Rights Act of 1964.
The analysis of the FAST workforce from March 1, 2020, through June 30, 2023, showed that minorities composed of 87.4% of the workforce. Caucasians represented 20.5% of the FAST workforce. African Americans are highly represented (70.5%) in FAST’s workforce. Throughout the department in various EEO-4 job categories, African Americans were most highly represented in the Service Maintenance category (83%), Paraprofessional category (83.3%) and Administrative Support category (68.7%).
To ensure compliance with FTA expectations, FAST has set annual goals (as detailed within the plan), for each of these underutilized areas, to decrease the underutilization rates in each of these categories. FAST will actively work with the City’s Human Resource Development (HRD) Department to intentionally and creatively find ways to meet FAST’s utilization goals.
The awareness of underutilization within FAST’s workforce (as identified in the EEO Program) is not a basis for predetermining employment of candidates in particular job categories. Placement goals, as indicated on the utilization analysis, are determined as a result of the breakdown of job category, ethnicity and gender, where utilization occurred and the number of persons needed to eliminate such. A candidate’s employment status is not determined or affected by the candidate’s race, color, religion, sex, age, disability, veteran status or national origin. In all employment decisions, FAST makes selections in a nondiscriminatory manner. FAST also does not hire a less qualified candidate in preference to a more qualified candidate as FAST believes that, by making a good faith effort ensuring all aspects of our EEO program are implemented, we will achieve our placement goals.
The EEO program also reviewed data related to employment practices. These include hiring promotions, training, terminations and discipline. In addition, the program recognizes FAST’s commitment to fair and compliant employment practices.
We would like to call to Council’s attention that the adoption of the program will permit FAST the ability to continue to apply for and potentially receive federal funding as the program is required by FTA.
Issues/Analysis:
There are no significant issues identified in the review of FAST’s EEO program. The program identified Yamile Nazar, Human Relations Director, as the EEO Officer. FTA requires that the official be an individual that is independent of the management and personnel functions of the Transit Department.
Budget Impact:
The program is included in the Transit Department’s annual operating budget. No additional funding is required.
Options:
1. Approve the EEO program and authorize transmittal to FTA
2. Reject the proposed EEO program and provide direction for staff.
Recommended Action:
Staff recommends that Council move to approve the program and authorize transmittal to FTA.
Attachments:
FAST’s 2024-2028 EEO program