(b) Administration of this policy; Equal Employment Opportunity Officer

(1) The City’s Equal Employment Opportunity Officer is primarily responsible for the administration of this policy.

(2) The City’s Equal Employment Opportunity Officer is the City’s Assistant Director of Human Resources.

(3) Individuals with questions regarding this policy, with questions about equal employment opportunity that are not addressed in this policy, or wishing to report conduct that they believe violates this policy or any federal or state fair employment practice law should contact the City’s Equal Employment Opportunity Officer.

(c) Complaint Procedure

(1) Employee or job applicants who believe that they have been subjected to any conduct that they believe violates this policy should promptly contact the City’s Equal Employment Opportunity Officer, ideally within five (5) business days of the offending conduct. If an employee or job applicant has not received a response from the City’s Equal Employment Officer within five (5) business days or if the employee or job applicant considers the response unsatisfactory, the employee or job applicant should immediately contact the City’s Human Resources Director, the City Attorney or an Assistant City Attorney; or the City Manager or an Assistant City Manager. These individuals will ensure that a prompt investigation into the complaint is conducted.

(2) If an employee witnesses any conduct that the employee believes to violate this policy, the employee shall immediately report the conduct to the City’s Equal Employment Opportunity Officer. If the City’s Equal Employment Opportunity Officer does not acknowledge the report within five (5) business days, the employee should immediately contact the City’s Human Resources Director; the City Attorney or an Assistant City Attorney; or the City Manager or an Assistant City Manager.

(3) If a complaint concerns the conduct of the City’s Equal Employment Opportunity Officer, an employee or job applicant should report the conduct immediately to the City’s Human Resources Director; the City Attorney or an Assistant City Attorney; or the City Manager or an Assistant City Manager.

(4) The City will maintain a record of all complaints and other reports made pursuant to this section (c) and all actions taken in response to any such complaint or report.

(5) Individuals who believe they have been subjected to conduct that violates this policy or who have witnessed any such conduct may also choose to contact the government agency identified in sections (e), (f), and (g) of this policy as being responsible for enforcing a particular anti-discrimination law.

[10-1-15] 2 [2001] (d) Fair Employment Practice Laws Applicable to City as Employer

(1) Federal Laws.

As an employer, the City is subject to the following federal fair employment practice laws:

(A) Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, which prohibits discrimination in employment based on race, color, religion, sex (including sex-based stereotypes and pregnancy, childbirth, and related medical conditions) or national origin;

(B) Section 1981 of the Civil Rights Act of 1866 (“Section 1981”), 42 U.S.C. § 1981, which prohibits discrimination in employment based on race, color and ethnicity;

(C) Section 1983 of the Civil Rights Act of 1866 (“Section 1983”), 42 U.S.C. § 1983, which applies to individual state officials acting under color of state law and municipalities and prohibits discrimination in employment based on race, color and ethnicity;

(D) the Equal Pay Act of 1963 (“EPA”), 29 U.S.C. § 206(d), which prohibits sex-based wage discrimination against men or women performing substantially equal work in the same establishment;

(E) the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621-634, which prohibits discrimination in employment against individuals aged 40 or older;

(F) Title I and Title V of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101-12113; which prohibits discrimination in employment against qualified individuals on the basis of disability, qualified individuals with a record of disability, and qualified individuals regarded as having a disability;

(G) the Genetic Information Nondiscrimination Act of 2008 (“GINA”), 42 U.S.C. § 2000ff, which prohibits discrimination in employment and health insurance based on genetic information;

(H) the Uniformed Services Employment Reemployment Rights Act of 1994 (“USERRA”), 38 USC § 4311, which prohibits discrimination in employment against past and current members of the uniformed services, as well as applicants to the uniformed services; and

(I) the Immigration Reform and Control Act of 1986 (“IRCA”), Pub. L. No. 99-603, 100 Stat. 3359 (1986), as codified as amended in scattered sections of 8 U.S.C., which prohibits: (i) employers from requiring specific documents or more documents than necessary rather than allowing an employee to choose from the list of

[10-1-15] 3 [2001] acceptable documents in the Form I-9 employment eligibility verification process (for the list of acceptable documents; (ii) discrimination in employment based on citizenship; and (iii) prohibits discrimination based on national origin.

(2) State Laws.

As an employer, the City is also subject to the following state fair employment practice laws:

(A) the Tennessee Human Rights Act, Tenn. Code §§ 4-21-101 to 4-21-1004, which prohibits discrimination in employment based on race, creed, color, religion, sex, age (40 and over), national origin, and status as a volunteer rescue squad worker (if the worker is absent or late to work because the worker is responding to an emergency before employee’s reporting time);

(B) the Tennessee Disability Act, Tenn. Code §§ 8-50-103 to 8- 50-104, which prohibits discrimination in employment against qualified individuals on the basis of disability, qualified individuals with a record of disability, and qualified individuals regarded as having a disability; and

(C) the Tennessee Equal Pay Act, Tenn. Code §50-2-202, which prohibits sex-based wage discrimination against men or women performing work requiring comparable skill, effort, and responsibility under similar working conditions.

(3) Filing a Complaint.

(A) Federal laws.

Persons who believe they have been discriminated against under any of the federal laws referenced in subsection (1), may contact the U.S. Equal Employment Opportunity Commission (EEOC), or an EEOC field office by calling toll free, 1-800-669-4000. For the hearing impaired, EEOC's TTY number is 1-800-669-6820. Additional information about the EEOC and the claims filing process is available on the EEOC’s website, www.eeoc.gov.

(B) State laws.

Persons who believe they have been discriminated against under any of the state laws referenced in subsection (2) may contact the Tennessee Human Rights Commission by calling toll free, 1-800-251-3589. Additional information about the Tennessee Human Rights Commission and the claims filing process is available on the Commission’s website, www.tn.gov/humanrights.

[10-1-15] 4 [2001] (f) Fair Employment Practice Laws Applicable to City as a Federal Contractor

(1) Any City department that provides services pursuant to a contract or subcontract with the federal government is a federal contractor. By virtue of this status, any such department is subject to the following federal fair employment practice laws specifically applicable to federal contractors in addition to the laws set forth in section (b) of this policy, provided the value of the contract exceeds the threshold established by the following laws:

(A) Executive Order 11246, as amended, which prohibits discrimination in employment by all federal contractors and subcontractors based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin;

(B) Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791-794a, which prohibits discrimination in employment by persons holding a federal contract or subcontract in excess of $10,000 against individuals with disabilities and requires these employers to take affirmative action to recruit, hire, promote, and retain such individuals; and

(C) the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, 38 U.S.C. § 4212, which prohibits discrimination in employment by persons holding a federal contract or subcontract in excess of $100,000 against protected veterans, and requires these employers to take affirmative action to recruit, hire, promote, and retain these veterans.

(2) Filing a Complaint.

Persons who believe that a City department has violated its non-discrimination or affirmative action obligations under Executive Order 11246, Section 503 of the Rehabilitation Act, or Vietnam Era Veterans Readjustment Assistance Act of 1974 may contact the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) by calling toll free, 1-800-397-6251, or by calling the OFCCP’s Nashville District Office at (615) 781-5395. Additional information about the OFCCP and the obligations of federal contractors is available on the OFCCP website, http://www.dol.gov/ofccp/ index.htm.

(g) Fair Employment Practice Laws Applicable to City as a Result of Its Receipt of Federal Financial Assistance.

(1) By virtue of its acceptance of federal financial assistance, the City is also subject to the following federal fair employment practice laws:

[10-1-15] 5 [2001] (A) Title VI of the Civil Rights Act of 1964, Title VI, 42 U.S.C. § 2000d et seq., which prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance;

(B) Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., which prohibits discrimination in employment on the basis of sex in educational programs or activities that receive federal financial assistance; and

(C) Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791-794a, which prohibits discrimination in employment by organizations receiving federal financial assistance against individuals with disabilities and requires these employers to take affirmative action to recruit, hire, promote, and retain such individuals.

(2) Filing a Complaint.

Persons who believe they have been discriminated against in a program of any institution that receives federal assistance, may contact immediately the Federal agency providing such assistance.

[03-02-95; 10-01-15]

[10-1-15] 6 [2001]