The bill would require the Equal Employment Practices Commission (EEPC) to analyze and report annually on whether agencies are meeting their racial and ethnic affirmative employment goals and, when not, identify the underutilized or adversely impacted groups and provide recommendations on corrective action. The EEPC would also be required to report aggregate, citywide data and provide recommendations to improve diversity in recruitment, selection, retention and promotion of City government employees. The reporting requirement would be repealed five years after the law takes effect.
- Laid Over in Committee
Int. No. 755
By Council Member Eugene
A Local Law in relation to requiring the equal employment practices commission to analyze and report annually on citywide racial and ethnic classification underutilization and adverse impact
Be it enacted by the Council as follows:
Section 1. City agency racial and ethnic underutilization assessment and reporting. a. In furtherance of local, state and federal equal employment requirements and goals, the equal employment practices commission shall conduct a citywide analysis of racial and ethnic classification underutilization and submit to the mayor and the speaker of the council, and to make available to the public, a report containing its findings and recommendations.
b. Data collection. The commission shall obtain from the department for citywide administrative services, as well as directly from city agencies, the information necessary to comply with the assessment and reporting requirements of this section.
c. Reporting. The commission shall issue a report to the mayor and the speaker of the council no later than February 15, 2019, and no later than February 15 annually thereafter, and shall make such report available to the public. Such report shall include, but not be limited to the following:
1. the size and composition of the city’s government workforce, disaggregated by agency, including, but not limited to information about the following:
(c) length of employment at such agency, as follows: zero to three years, four to seven years, eight to eleven years and twelve or more years;
(d) job title category as determined by the department of citywide administrative services, when applicable;
(e) job title category provided by the United States department of labor and the federal equal employment opportunity commission, as follows: officials and managers, professionals, technicians, sales workers, office and administrative support, craft workers, operatives, laborers and services workers;
(f) information regarding affirmative employment goals identified in agency affirmative employment plans;
(g) where such affirmative employment goals were not met, information identifying the racial and ethnic groups underutilized or adversely impacted;
(h) recommendations for correcting underutilization and adverse impact, disaggregated by underutilized or adversely impacted group;
(i) information regarding previously issued correction action plans or determinations of non-compliance;
2. aggregate, citywide results of data from paragraphs 1 through 9;
3. recommendations regarding how the collection of racial and ethnic classification data of city employees, based on a review of the city’s racial and ethnic classification categories and an assessment of whether such categories accurately capture the racial and ethnic composition of the city’s government workforce, including a review of employee response rates to racial and ethnic classification questions;
4. recommendations for strengthening agency affirmative employment plan oversight and enforcement, including funding recommendations; and
5. recommendations for citywide corrective actions, including legislative, regulatory and budgetary changes, to address:
(a) chronic or systemic underutilization;
(b) reach citywide affirmative employment goals; and
(c) increase diversity in the recruitment, selection, retention and promotion of city employees;
d. All city agencies shall cooperate with the commission and provide information and assistance as requested; provided, however, no information that is otherwise required to be provided pursuant to this section shall be disclosed in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of employee information.
§ 2. This local law takes effect immediately and is deemed repealed five years after it becomes law.