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February 2, 2010
REPORT (MISC. 109285)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: MR #09285 — BOARD OF COMMISSIONERS — REVISE EQUAL
EMPLOYMENT OPPORTUNITY POLICY TO REFLECT VOTER ADOPTION
OF PROPOSAL 2 AND TO PROHIBIT DISCRIMINATION BASED UPON
SEXUAL ORIENTATION
TO: Oakland County Board of Commissioners
Chairperson. Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on
October 14, 2009 Reports with the recommendation the resolution be adopted with the
following amendments.
1. Amend the Title as follows.
MR #09285 - BOARD OF COMMISSIONERS - REVISE EQUAL EMPLOYMENT OPPORTUNITY
POLICY TO COMPLY WITH VOTER ADOPTION OF PROPOSAL 2 AND TO PROHIBIT
DISCRIMINATION BASED ON UPON SEXUAL ORIENTATION
2. Delete the body of the resolution as follows.
policies to cornply-with-State-of-Michigan-law, - - = - - - - - . • - e•-tikitionand
WHE-REAS-the-Gurrent wording-of-the-12-01icy Calls into question-its-legal-ity and-enf-oroeabilitan-d
WHEREAS the Policy caFrently permits Oakland County's --government-to-disorinainate--in
ern-ployment-on-the-basis-of sexual-orieritationf-and
WHEREAS the Oakland County-Roardof-Confimiss
of their sexual orientation,-have-innate-worth-and human dignity; and
WHEREAS the-Oakland County Board of Commi
Fiallef-S-E143118VBE
discriminating in its employment of individuots-oased-on-their-sexuai-orientation-,
Chai-r-person. we move the adoption-of the foregoing resolution
3. Insert as the body of the resolution the following:
WHEREAS Oakland County's '1966 Merit System Resolution and its 2008 revision mandated that the
selection, pay and treatment of County employees be based solely on merit and Oakland County
government has always honored that mandate; and
WHEREAS Oakland County has an Equal Employment Opportunity Policy ("Policy") that prohibits
Oakland County government from aiscriminating in employment of individuals based on race, sex, age.
physical or mental handicap, national origin, religious belief, or Political affiliation and/or any other reason
in accordance with applicable state ana federal law; and
WHEREAS the current Policy refers to Oakland County's implementation of affirmative action policies and
is itself currently entitled "Equal Employment Opportunity (EEO) & Affirmative Action Policy"; and
WHEREAS on November 7, 2006, the voters of the State of Michigan approved Proposal 2 (Michigan 06-
2), which amended the State Constitution to ban affirmative action programs that grant preferential
treatment in the areas of public employment, public education and public contracting; and
WHEREAS Proposal 2 became law on December 22, 2006; and
WHEREAS it is important for Oakland County's written policies to reflect its commitment to comply with
Michigan constitutional and statutory law; and
WHEREAS the current wording of the Policy needs amendment to reflect the voter adoption of Proposal
2; and
WHEREAS the Policy currently does not include protection on the basis of sexual orientation; and
WHEREAS the Oakland County Board of Commissioners believes that sexual orientation should oe
included in its EEO Policy prohio ting employment discrimination; and
WHEREAS the Oakland County Board of Commissioners believes that the sexual orientation of ar
indlvidual is irrelevant to the employment of that individual.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby retitles
its EEO Policy as "Equal Employment Opportunity Policy" ana amends it as indicated in the attachment to
this Resolution.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby expands its EEO
Policy to prohibit discrimination based upon sexual orientation.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
Substitute the attached policy in place of that attached to the resolution.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance
of the foregoing Report.
HUMAN RESOURCES COMMITTEE
Human Resources Committee Vote:
Motion carried unanimously on a roll call vote with Potter, Gosselin and Hatchell absent,
I Deleted: & Affirmative Acttan
. Defeted: illegal
Deleted: or
/- I Deleted: The affirmative aution I
-T-TE,14 Cu A 41 eiq
, r y ft
Equal Employment Opportunity (EEO)foticy _
http: //vev^v. oakgov. cornh ntranet/diversity/orouram serviee/eeo DOfiCV. htm I
(as of 12/27/07)
It is the intent of the County of Oakland to provide
equal employment opportunities to each employee or
applicant and in accordance with applicable federal
and state statutes and the Merit System Resolution,
to prohibit tiiployrnent discrimination on the basis
of race, sex, age, physical or mental handicap,
nafional origin, religious belief, political affiliation, —MinilliMIMIIIMMOINSi
and/or sexual orientation. Sexual harassment is a form of sexual discrimination
from which all individuals are protected,
In addition, this statement shall recommit the County of Oakland, as an
employer, to the eventual goal, through all legal means. of having the number of
minorities and women in its employ in each classification and department equal
to their representation in the available work force.
This policy further directs and binds all County officials, department heads, and
managers, especially those with responsibility for selection, training,
advancement, and supervision of employees, to positively and affirmatively carry
out throuah all leaI. mean all personnel related actions in such a manner so as
to bring about the above mentioned goal a as quickly and completely as possible,
errinlovnient opportunity_ plans shall include, but shall not be limited to,
the following considerations:
• A continuing practice of reviewing the terms and conditions of
employment as defined in part by Merit System rules, union contracts,
personnel policies, fringe benefits, work environment, or job requirements
to ensure that all employees are being treated fairly and in accordance
with this policy.
• A continuing program of advertising all County employment opportunities
in newspapers that are likely to reach women and minorities, and the
distribution of such information to female and minority organizations
within the County.
• A continuing practice of reviewing minimum qualifications, employment
tests, interviews, or other selection procedures to ensure that they are
valid and job related in their content and administration.
• A continuing practice of monitoring policies and practices related to lay-
offs, recalls, terminations, demotions, and disciplinary actions to ensure
that such personnel transactions are not illegally discriminatory in intent
or effect.
• A continuing practice of coordinating and working with officials, mangers,
supervisors, employees, an4nnion representatives to make them aware of
/6c,
Deleted: affin-natvt, =kin
Deleted: and affirriative action 1
Deleted: to De
Deleted: and an-awl-yr amine
the County's . 11 em lo inent o cyoliq and their
responsibilities in meeting the goals and objectives of this program,
• The Personnel Committee, in accordance with the County's overall goal of
its equal employment opportunitypolicy, shall receive an annual writtn_
report in_September of each and enry v„E.from the Human Resources
Department that outlines the goals and/or benchmarks set with the
appropriate timetables,ap_d outlines the progress towards those goals .
and /or benchmarks that has been_accomplished. The Director of Human
Resources shall be the chief administrative officer responsible for the
coordination and implementation of specific steps necessary to achieve the
County's equal employment opportunity,airns as presented
statement and as defined by the Personnel Commit tee.
MISCELLANEOUS RESOLUTION #09285
BY: Commissioners Tim Greirnel and Dave Coulter
IN RE: BOARD OF COMMISSIONERS — REVISE EQUAL EMPLOYMENT
OPPORTUNITY POLICY TO COMPLY WITH PROPOSAL 2 AND TO PROHIBIT
DISCRIMINATION BASED ON SEXUAL ORIENTATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has an Equal Employment Opportunity Policy (the "Policy") that
currently prohibits Oakland County's government from discriminating in its employment of
individuals based on race, sex, age, physical or mental handicap, national origin, religious belief, or
political affiliation; and
WHEREAS the current Policy refers to Oakland County's implementation of affirmative action
policies and is itself currently entitled "Equal Employment Opportunity (EEO) & Affirmative Action
Policy; and
WHEREAS on November 7, 2006, the voters of the State of Michigan approved Proposal 2
(Michigan 06-2), which amended the State of Michigan's Constitution to ban the use of affirmative
action by the State of Michigan, including its counties and other political subdivisions; and
WHEREAS Proposal 2 became law on December 22, 2006; and
WHEREAS regardless of one's views on affirmative action, it is important for Oakland County's
policies to comply with State of Michigan law, especially the State of Michigan's Constitution; and
WHEREAS the current wording of the Policy calls into question its legality and enforceability; and
WHEREAS the Pclie„' currently permits Oakland County's government to discriminate in
employment on the basis of sexual orientation; and
WHEREAS the Oakland County Board of Commissioners believes that all individuals, regardless of
their sexual orientation, have innate worth and human dignity; and
WHEREAS the Oakland County Board of Commissioners believes that the sexual orientation of an
individual is just as irrelevant to the employment qualifications of that individual as that individual's
race, sex, age, physical or mental handicap, national origin, religious belief, Or political affiliation
are;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
amends its Equal Employment Opportunity Policy as indicated in the attachment to this resolution in
order to bring the Policy into compliance with Proposal 2 and in order to prohibit Oakland County
from discriminating in its employment of individuals based on their sexual orientation.
Chairperson, we move the foregoing resolution.
C
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issioner
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District # District 11
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j Deleted: illegal
I Deleted: or
Deleted:,
Equal Employment Opportunity (EEO)policy
http://www.oakgov.com/intranetictiversity/procram service/cc° _policy.titml
(as of 12/27/07)
It is the intent of the County of Oakland to provide
equal employment opportunities to each employee oi-
applicant and in accordance with applicable federal
and state statutes and the Merit System Resolution,
to prohibitmployment discrimination on the basis
of race, sex, age, physical or mental handicap,
national origin, religious belief, political affiliation,
ndior sexual or:entation. Sexual harassment is a form of sexual discrimination
from which all individuals are protected.
In addition, this statement shall recommit the County of Oakland, as an
employer, to the eventual goal, through all legal means, of having the number of
minorities and women in its employ in each classification and department equal
to their representation in the available work force.
This policy further directs and binds all County officials, department heads, and
managers, especially those with responsibility for selection, training,
advancement, and supervision of employees, to positively and affirmatively carry
out. through all lrgal means all personnel related actions in such a manner so as
to bring about the above mentioned goals as quickly and completely as possible.
I „Equal empinyment opportunt• plans shall include, but shall not be limited to,
the following considerations:
• A continuing practice of reviewing the terms and conditions of
employment as defined in part by Merit System rules, union contracts,
personnel policies, fringe benefits, work environment, or job requirements
to ensure that all employees are being treated fairly and in accordance
with this policy.
• A continuing program of advertising all County employment opportunities
in newspapers that are likely to reach women and minorities, and the
distribution of such information to female and minority organizations
within the County.
• A continuing practice of reviewing minimum qualifications, employment
tests, interviews, or other selection procedures to ensure that they are
valid and job related in their content and administration.
• A continuing practice of monitoring policies and practices related to lay-
off, recalls, terminations, demotions, and disciplinary actions to ensure
that such personnel transactions are not illegally discriminatory in intent
or effect.
• A continuing practice of coordinating and working with officials, mangers,
supervisors, employees, and union representatives to make them aware of
Deleted: ft Affirmative Actlen
Deleted: The affirmatwe
I
, Deleted: ,
Deleted: to be
Cvleted: and affirniatikc action
the County's equal employment opportunit>_policy and their responsibilities in meeting the goals and objectives of this program.
• The Personnel Committee, in accordance with the County's overall goal of
its equal employment opportunitypolicy, shall receive an annual written
report in September of ea ch and every year from the Human Resources
Department that outlines the goals,andior btnaKaarks set with the
appropriate timetable and outlines the progress towards those_ goals_ _
andior benchmarks that has been. accomplished The Director of _ _
Resources shall be the chief administrative Officer responsible for the
coordination and implementation of specific steps necessary to achieve the
County's equal employment opportunity,aims as presented in this
statement and as defined by the Personnel Committee.
I Deleted: affirmative action
Deleted: and affirmative action
Resolution #09285 November 12, 2009
The Chairperson referred the resolution to the Human Resources Commiftee. There were no objections.
Resolution #09285 February 2, 2010
Moved by Douglas supported by Greime: the resoluton be adopted.
Moved by Douglas supported by Greimel the Haran Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Douglas supported by Greimel the resolution be amended to coincide with the recommendation
in the Human Resources Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Coulter, Douglas, Gershenson. GingeLl, Greirnel, Hatchet!, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, ZacK, Bullard,
Burns, Cape11c, Coleman. (23;
NAYS: Gosse (1)
A sufficient majority havtig voted in favor, the resolution, as amended, was adopted.
I MY APPROVE TH FOREGOING RESOLUTION
/ WA
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I. Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
February 2. 2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oaleand at
Pontiac, Michigan this 2nd day of February, 2010.
eat
Ruth Johnson, County Clerk