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Information about eeo

Published on January 29, 2008

Author: Sigismondo


Slide1:  Consultant Conference January 29, 2003 Office of EEO Contract Management Office of EEO/Contract Management:  Mission Statement The Minnesota Department of Transportation Office of Equal Employment Opportunity/Contract Management (Mn/DOT EEO/CM) will help minorities, women, and other disadvantaged people participate as full and equal partners in the planning, construction, and management of the Minnesota transportation system. Office of EEO/Contract Management How do we achieve this Mission?:  How do we achieve this Mission? Umbrella policy Title VI Specific Programs EEO-State/Federal DBE Monitor, Review, Sanction Transportation Projects Respond to Inquiries, Complaints Title VI:  Title VI No person in the United States shall, on the ground of race, color, or national origin, (or sex, added in 1973) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance.” Section 601 of the Civil Rights Act of 1964 “Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination.” Title VI UMBRELLA POLICY:  Title VI UMBRELLA POLICY Implementation keeps Mn/DOT OPEN, FAIR, and INCLUSIVE Major Issues Accessibility Community Values Public Involvement Right of Way Programs Activities Services Benefits Benefit of doing business with Mn/DOT Construction Contracting Consultant Contracting Purchasing Sub-recipients: cities, counties, universities, other agencies Planning and Project Development Environmental Justice Title VI LEP Community Awareness:  Community Awareness Demographic Impact Esthetic Social Cultural/Religious Economic Low-Income Race/Ethnicity* Disability Age *proscribed bases of discrimination include race, color, national origin, sex, age, religion and disability Title VI Environmental The New Federal Regulation:  Mn/DOT’s Disadvantaged Business Enterprise (DBE)Program (Approved June 13, 2000) Purpose Ensure Non - Discrimination Create Level Playing Field Provide Equal Opportunity Reduce Burden on Small Businesses The New Federal Regulation Certification Process:  Certification Process Upon certification, listed in directory on EEO website (\eeocm or DBE Directory Certification Process Goals and Good Faith Effort:  Setting Aspirational Goals Setting Project Goals Geographic Location Type of Work DBE Availability Ready, willing & able Good Faith Effort Met Goal Demonstrate Good Faith Administrative Reconsideration Goals and Good Faith Effort Exhibit A Certificate of Good Faith Efforts Bidders List Forms for GFE Analysis Contract Clearance:  Contract Clearance Mn/DOT ids RFP Consultant City/County ids ALB Contracts with Federal Funding Evaluation of GFE Mn/DOT 1) Meet DBE Goal 2) Demonstrate GFE Contract Clearance Contract Awarded Contract Awarded Consultant ids ALB Evaluation of GFE Contract Clearance EEOCM { DBE Contract Requirement:  DBE Special Provisions Policy Statement No one to be excluded from participation on federally funded transportation projects Contract Assurance No discrimination based on race, color, national origin, or sex. Material breach of these will cause termination of contract. Forms Exhibit A Certificate of Good Faith Efforts Bidders List Contractor Payment Good Faith Affidavit DBE Contract Requirement Project Engineer Responsibilities (Post-award):  Monitor DBE Field Work -- Exhibit A. Grant Schedule/execution DBE resources and capacity(i.e., people, equipment, etc.) Suppliers -- Product? Delivery? Consistent with Exhibit “A” Communicate with EEOCM Contractor Payment Form Complete Consistent with contracted service/work Accurate payment cycle Report errors or disputes to EEO Office Project Engineer Responsibilities (Post-award) Equal Employment Opportunity Program:  “Leveling the playing field” Equal Employment Opportunity Program Leveling the Playing Field:  Leveling the Playing Field Track all project employment (EEO 12s and 13s) Perform periodic in-depth and spot check project reviews Manage construction employment training program(PIE) Manage On-the-Job Training Program Assist link between contractors and referral sources Cooperate with TERO Program on Indian Reservations Train contractors/employees about Mn/DOT, Federal/State EEO and Appropriate Workplace Behavior policies Respond to complaints and problems PIE (Placement Incentive Experiment):  PIE (Placement Incentive Experiment) Trainees attach to the contractor, not project Reimburses at double regular rate ($2.00/hr) Responds to contractor need for flexibility Operates a training and placement service through Midway Work Force Center Tribal Employment Rights Ordinance (TERO) :  Tribal Employment Rights Ordinance (TERO) EEO Office works collaboratively with tribal governments, contractors, and other stakeholders to maximize employment opportunities for Native Americans on projects on reservations. Legal basis: tribal ordinance passed by Tribal Council TERO Office is primarily responsible for enforcing ordinance Maximum participation of reservation in all crafts TERO tax, based on total bid amount TERO Compliance Plan; prior starting work, all placements, except “Core Crew”, through TERO Office Non-compliance; Tribe may impose fines/shut down project Minnesota TERO Programs:  Minnesota TERO Programs Bois Forte (Nett Lake) -(218) 757-3261 Fond Du Lac - (218) 878-7527 Leech Lake - (218) 335-8374 Mille Lacs – (320) 532-4195 Red Lake - (218) 679-3306 White Earth (218) 983-3285 American Indian Employment Preference:  American Indian Employment Preference Preference applies to federally-funded projects on or “near” an Indian reservation: Title VII, Section 703(I), Federal Civil Rights Act of 1964 “near” defined as “reasonable commuting distance from a reservation” Maximize employment by: Communication Rapport Synergy between tribe, Mn/DOT, other public agencies, and contracting community Don’t Forget…:  Don’t Forget… Notify EEOCM on Pre-cons, and send Pre-con notes Follow-up on Training plans for OJT Review and route EEO form 13’s (new 12 is once a year) Be aware of projects on or near Indian Reservations-new contract language Be aware of Mn/DOT appropriate workplace behavior policies Observe employees on projects Route EEO questions and concerns to EEOCM The DCP Process:  Delegated Contract Process City or County must have Delegated Authority DBE/OJT Goals requested by Office of State Aid City/County Advertising of Project and Special Provisions, w/goals Low Bidder is determined EEOCM “clears the contract” Award of Project The DCP Process Perspectives:  Perspectives Trends Questions and Answers EEO Staff:  EEO Staff Contract Compliance Specialists: Addi Batica 651-282-2447 Barbara Forsland 651-296-0861 Bartolo Martinez 651-297-5593 Ashanti Payne 651-296-9982 Vendor Management Specialists: Sonnie Braih 651-282-2449 Johnnie Burns 651-296-7259 Elaine Valadez 651-296-9975 Slide23:  Questions…?

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